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Havana Platform Privacy Policy

Scope

Havana Technologies Pte. Ltd. (“Havana,” “we,” “our” and/or “us”) is committed to protecting your privacy as described in this Platform Privacy Policy (the “Policy”). This Policy describes how we use and share Personal Information collected through our cloud-based software platform (the “Platform”), which we make available to our business customers (the “Customers”).The Platform synchronizes with a Customer’s Customer Relationship Management (“CRM”) platform(s) to pull Personal Information from the Customer’s CRM platform (“Customer Data”). When collecting and processing Customer Data on behalf of and on instructions from a Customer to provide the Platform, Havana acts as a processor of the Customer, who is the data controller. For more information, including on how to exercise your rights to your Personal Information, please refer to the privacy policy of the Customer who submitted your Personal Information to the Platform.Havana also may process Personal Information as a controller when it collects Personal Information about your use of the Platform, when it combines Customer Data with Personal Information gathered from other Customers and vendors, and when it processes Personal Information of business contacts in connection with its customer, partner, and vendor relationships. This Policy describes Havana’s data processing activities as a controller.As used in this Policy, “Personal Information” means information relating to an identified or identifiable individual. If there is any conflict between this Policy and the Master Services Agreement signed with a Customer, the Agreement will prevail.

What Personal Information Do We Collect from or about You?

Information Collected via Automated Means⋅ Platform Usage Information. We will collect and process information regarding your use of the Platform via cookies and similar technologies. Such information may include your: number of unique logins, operating system, internet protocol address, source type, session duration, information about the server environment, OS type/version, CPU type/version, browser type/version, operating system type/version, device type/version, or such other similar information about your user configuration or operation of the Platform. We also collect Personal Information from emails and phone calls we process, such as email addresses and phone numbers.⋅ Customer Data. We may collect Personal Information from a Customer’s CRM via standard application programming interface connectors. Our customers determine which Personal Information to provide us, and such information may include: first name, last name, email address, telephone number, mobile telephone number, business contact information, title, programme.Information Collected from Other Sources⋅ Third-Party Providers. We may obtain Personal Information about you from public records or from third parties. Such Personal Information may include professional characteristics, such as contact information, job title, or employer information.⋅ Customer, Vendor, and Partner Relationships. Through our customer, vendor, and partner relationships, we may receive Personal Information of employees and other individuals who are contact persons at our Customers, vendors, and partners, such as contact details and other information relevant to the applicable business relationship.

How Do We Use Your Personal Information?

We may use your Personal Information:⋅To operate, maintain, debug, improve, and enhance our Platform;
⋅To (i) determine which configurations or practices optimize the performance of the Platform; and (ii) identify, understand, and anticipate performance issues and the environmental factors that affect them;
⋅To develop new features, products, and services;
⋅For machine learning and analytics purposes;
⋅To understand how our users configure and use our Platform;
⋅To verify the accuracy of Personal Information processed through our Platform;
⋅In a de-identified and aggregated form for analytics purposes;
⋅To find and prevent fraud and to respond to trust and safety issues that may arise;
⋅For compliance purposes, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
⋅To anonymize your Personal Information.Our Use of European Personal InformationIf you are located in the European Economic Area or the United Kingdom (together “Europe”), we only process your Personal Information as data controllers when we have a valid legal basis to do so, including when:⋅You have consented to the use of your Personal Information.
⋅Compliance with a Legal Obligation. We have a legal obligation to use your Personal Information. For example, we may use your Personal Information to comply with tax and accounting obligations.
⋅We need your Personal Information to provide you with requested services (e.g., to respond to your inquiries).
⋅Legitimate Interests. We may have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to develop, expand, and improve our Platform. We only rely on our legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

Sharing Personal Information

We will share Personal Information with third parties as described in this Policy.⋅Affiliates. We may share your personal information with our affiliates so that they can help provide or support our websites or services, service your account, or troubleshoot concerns or support other legitimate business operations.⋅Service Providers. We use trusted third-party companies to help us provide, analyze and improve the Services, including but not limited to providing data center hosting services, database hosting services, dialer infrastructure services, email sync services, and to enable our third-party processors to provide sales and marketing operations services. These third parties may have access to your personal information only for purposes of performing these tasks on our behalf.⋅Legal Process or Law Enforcement. We may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. If your Personal Information is subject to European Union or United Kingdom data protection laws, we will make such disclosures only to the extent permitted under those laws.⋅Business Transfers. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Cookies

Our Platform uses cookies and/or other similar technologies such as device-IDs, in-App codes, pixel tags, or web beacons to collect and store certain information (collectively, “Cookies”). Most web browsers automatically accept Cookies, but if you prefer, you can change your browser settings to prevent that. Please review your web browser’s “Help” file to learn the proper way to modify your Cookies settings. However, you may not be able to take full advantage of our Platform if you do so.

Where Do We Store Your Personal Information?

Your Personal Information is stored in a repository that contains both structured and unstructured data. This repository is architected according to rigorous data engineering protocols designed for raw data storage, data staging, and data mart aggregation, and it leverages industry-leading cloud services with robust security and privacy protections, such as AWS, Azure, and Google.

How Do We Keep Your Personal Information Safe?

We will take reasonable precautions to prevent the loss, misuse, or alteration of your personal information. Data transmission over the Internet is inherently insecure and we cannot guarantee the security of information sent over the Internet.We will store all the personal information you provide or that we collect about you on our secure servers. You are responsible for keeping your passwords confidential. We will not ask you to disclose any of your passwords.We have procedures in place to ensure we can react quickly to any reasonably foreseeable issue. If you ever find a security issue, or simply have a security related concern, please reach out directly to us by contacting Havana Support or sending an email to support@tryhavana.com.

How Long Do We Keep Your Personal Information?

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you once your Personal Information is no longer necessary for the purposes for which we process it unless we are required by law to keep your Personal Information for a longer period. In principle, we will retain your Personal Information for as long as needed to operate the Platform. When determining the specific retention period, we consider various criteria, such as the type of service provided, the mandatory retention periods provided by law, and any applicable statutes of limitations.

European Privacy Rights

We provide you with the rights described below. We may limit these privacy rights requests (a) where denial of access is required or authorized by law, (b) when granting access would have a negative impact on others’ privacy, (c) to protect our rights and properties, or (d) where the request is frivolous or burdensome. If you would like to exercise your rights under applicable law, please contact us at privacy@tryhavana.com. We may seek to verify your identity when we receive your privacy rights request to ensure the security of your personal information.⋅Right to withdraw consent. For any consent-based processing of your personal information, you have the right to withdraw your consent. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.⋅Right of access/right of portability. You may have the right to access the personal information that we hold about you, and in some limited circumstances, have the personal information provided to you so that you can provide that personal information to another controller.⋅Right to rectification. You may request to correct any of your personal information in our files.⋅Right to erasure. In certain circumstances, you may have a right to the erasure of your personal information that we hold on you.⋅Right to restriction. You have the right to request that we restrict our processing of your personal information in certain circumstances.⋅Right to object to processing. You have the right to object to our processing of your personal information at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent; contract; or legitimate interests. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.⋅Notification to third parties. When we fulfill your individual rights requests for correction, erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort.⋅Right to Lodge Complaint. We commit to resolve complaints about our collection or use of your personal information. EEA, UK, or Swiss individuals with inquiries or complaints regarding this privacy notice should first contact us at: privacy@tryhavana.com. You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal information infringes applicable law.If you want to exercise these rights, please direct your query to our Customer with whom you interact directly. You can also contact us at privacy@tryhavana.com, and we may refer your request to the concerned Customer if appropriate. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, subject to local law requirements. Please also note that exercising any of these rights might limit or remove our ability to provide our contracted services to you.While any changes that you make to your Personal Information pursuant to this section will be reflected in active user databases instantly or within a reasonable period, we may retain Personal Information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted under applicable law.

Information for California Residents

This Section 10 applies only to users of our Platform who are California residents. As used in this section, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended, or superseded from time to time (“CCPA”).Collection of Personal InformationWe have listed below the Personal Information we may have collected, disclosed for a business purpose, or used for business or commercial purposes from California residents in the preceding twelve (12) months since this Policy was last updated. We may also collect information about you from other sources, including third parties from whom we purchase Personal Information, and from publicly available information. Such information includes identifiers, personal characteristics, professional information, geolocation information, educational information, commercial information, internet activity, and inferences derived from Personal Information.We do not sell Personal Information. However, we may share any of the above listed Personal Information with third parties or allow them to collect Personal Information on our behalf for “business purposes” as defined by the CCPA, including for maintaining and operating services, securing data, and marketing.Use of Personal InformationWe collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes as described in Sections 2 through 6 of this Policy.Disclosure of Personal InformationAs set forth in Section 4 of this Policy, we may share your Personal Information with the categories of third parties listed below:⋅Affiliates and/or subsidiaries
⋅Service providers, agents, and/or subcontractors
⋅Analytics and search engine providersRight to Know and AccessYou may submit a verifiable request for information regarding the: (i) categories of Personal Information collected, sold, or disclosed by us; (ii) purposes for which categories of Personal Information are collected or sold by us; (iii) categories of sources from which we collect Personal Information; (iv) categories of third parties with whom we disclosed or sold Personal Information; and (v) specific pieces of Personal Information we have collected about you during the past twelve (12) months.Right to DeleteSubject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.VerificationRequests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity considering the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, we will contact you through the contact information we have associated with you and may require that you verify your identity before we take action on your request.Authorizing an AgentTo authorize an agent to make a request to know or delete on your behalf, please email us at privacy@tryhavana.com.Right to Equal Service and PriceYou have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.Shine the LightCalifornia’s “Shine the Light” law (Civil Code Section § 1798.83) permits California consumers to request certain information regarding Havana’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@tryhavana.com.RequestsYou can make requests related to your California privacy rights by emailing privacy@tryhavana.com.We do not accept or process requests through other means (e.g., fax, social media, email addresses, etc.).When you make a request, we may ask you to provide verification information, such as your name, email, or phone number. We will review the information provided, and we may request additional information via email or other means designed to ensure we are interacting with the correct individual as described above.

Where Can You Find Changes to this Policy?

We will post any adjustments to the Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share Personal Information previously collected from you through our Platform, we will notify you through our Platform, by email, or other means prior to the change becoming effective.

Privacy of Users Age 13 and Under

If you are under the age of 13, you do not have permission to use our Platform. We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no parts of our Platform are directed to children. If you learn that a child has provided us with Personal Information in violation of this Policy, you may alert us at privacy@tryhavana.com.

Contact Us

The entity responsible for the processing of your Personal Information is Havana Technologies Pte. Ltd. If you have questions about this Policy, or you would like to exercise your privacy rights as described in this Policy, please email us at privacy@tryhavana.com.

Havana Master Services Agreement - Terms and Conditions

SAAS SERVICES AND SUPPORTSubject to the terms of this Master Services Agreement ("MSA"), Havana will use commercially reasonable efforts to provide Customer with the Services. As part of the registration process, Customer will identify an access user name and password for Customer’s Havana account. Havana reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
Subject to the terms hereof, Havana will provide Customer with reasonable technical support services in accordance with the terms set forth in Exhibit A.RESTRICTIONS AND RESPONSIBILITIESCustomer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Havana or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Havana’s standard policies then in effect, including the Privacy Policy and all applicable laws and regulations applicable to Customer. As to the Customer, the MSA will control if there are any conflicts between the MSA terms and the Privacy Policy. Customer hereby agrees to indemnify and hold harmless Havana against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Havana has no obligation to monitor Customer’s use of the Services, Havana may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to the user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.CONFIDENTIALITY; PROPRIETARY RIGHTSEach party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Havana includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Havana to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. Havana also will adhere to its obligations under the General Data Protection Regulation (GDPR) as specified in the Data Processing Agreement, and will be liable for any breach of this directly arising from its own actions, either negligent or intentional.Customer shall own all right, title and interest in and to the Customer Data. Havana shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services or support, and (c) all intellectual property rights related to any of the foregoing.Notwithstanding anything to the contrary, Havana shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Havana will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Havana offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.PAYMENT OF FEESCustomer will pay Havana the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this MSA), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Havana reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Pilot Period or Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If the Customer does not agree to the change in Fees, the Customer may provide Havana with 14 days written notice (which may be sent by email) to terminate the agreement. If Customer believes that Havana has billed Customer incorrectly, Customer must contact Havana no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Havana’s customer support department.Havana may choose to bill through an invoice, in which case, full payment for invoices issued in any given quarter must be received by Havana sixty (60) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. or Singapore taxes based on Havana’s net income.TERM AND TERMINATIONSubject to earlier termination as provided below, this MSA is for the Pilot Period and Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.In addition to any other remedies it may have, either party may also terminate this MSA upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this MSA. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this MSA which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.WARRANTY AND DISCLAIMERHavana shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Havana or by third-party providers, or because of other causes beyond Havana’s reasonable control, but Havana shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Havana will also offer a monthly uptime guarantee of 98%, calculated between the first and last days of each calendar month. Any additional downtime will be refunded in the form of proportionate usage credits applied towards the Term. HOWEVER, HAVANA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND HAVANA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.INDEMNITYHavana shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States, United Kingdom, or Singapore patent or any copyright or misappropriation of any trade secret, provided Havana is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Havana will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Havana, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Havana, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this MSA. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Havana to be infringing, Havana may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this MSA and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.LIMITATION OF LIABILITYNOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, HAVANA AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND HAVANA’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO HAVANA FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT HAVANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.MISCELLANEOUSIf any provision of this MSA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this MSA will otherwise remain in full force and effect and enforceable. This MSA is not assignable, transferable or sublicensable by Customer except with Havana’s prior written consent. Havana may transfer and assign any of its rights and obligations under this MSA without consent. This MSA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this MSA, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this MSA and Customer does not have any authority of any kind to bind Havana in any respect whatsoever. In any action or proceeding to enforce rights under this MSA, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this MSA will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This MSA shall be governed by the laws of the Republic of Singapore without regard to its conflict of laws provisions. The parties shall work together in good faith to issue at least one case study with a video testimonial within 60 days of the Effective date. The customer otherwise agrees to reasonably cooperate with Havana to serve as a reference account upon request. The Customer allows use of the Customer’s logo on the Havana website.