General Terms and Conditions
1. Introduction
1.1. These General Terms and Conditions (the “T&Cs”) govern the entire relationship between you the Client and the Company.
1.2. BY ACCESSING AND USING THE WEBSITE OR SUBSCRIBING A NEWSLETTER YOU AGREE TO BE BOUND BY THESE TERMS.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THESE T&C’S BEFORE USING THE WEBSITE OR THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE WEBSITE OR SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
2. Definitions
2.1. Unless these T&Cs provide otherwise, wherever used in these T&Cs, including the introductory part, the following terms when capitalized shall have the following meanings:
| (a) | Agreement | shall mean these T&Cs for using the Website and/or providing Services concluded online by the Company and the Client. |
| (b) | Client | shall mean the user of the Company’s Website and Services as explained in these T&Cs. |
| (c) | Company | shall mean Kilo Payments Inc., company code 4029195, registered address 651 N Broad St, Suite 206, Middletown, 19709, New Castle, Delaware, email [email protected], which is responsible for providing the Services and handling Client’s inquires. |
| (e) | Privacy Policy | shall mean the privacy policy of the Company published on the Website. |
| (f) | Services | shall mean newsletter subscription and the Digital content provided by the Company to the Client as well as the accessibility to the Website, including information, text, images offered or provided there. |
| (g) | Digital content | shall mean textual and visual information (including but not limited to employee health & wellness news) showed online on the Website and/or sent to the Client email (in case of newsletter subscription) by the Company. |
| (i) | Website | shall mean the website of the Company available at https://business-platform.kilo.health/. |
3. Use of Services
3.1. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company`s Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
3.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS AND/OR USE OF THE COMPANY WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THE COMPANY WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY ERRORS IN WEBSITE OR SERVICES WILL BE CORRECTED. THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3.3. From time to time and without prior notice to the Client, Company may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Services do not entitle the Client to the continued provision or availability of the Services.
3.4. The Client furthermore agrees that:
3.4.1 he/she shall not access Services if he/she is under the age of 18;
3.4.2 the Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
4. Intellectual Property Rights
4.1. All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or related to the Services and Services-related content are owned by the Company.
4.2. The Client is forbidden to reproduce, publish Services including but not limited to Digital content supplied and/or provided by the Company in whole or in part without Company`s prior written consent.
4.3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Section below.
5. Use of Digital content
5.1. All intellectual property rights specified in Article 4.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 5 and is not sold. The Client will only be granted a non-exclusive, non-transferable, and non-sublicensable licence, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital content provided by the Company to the Client.
5.2. The term of this licence shall be granted for a term of 5 years from the date of receiving Digital content, unless earlier suspended or terminated in accordance with these T&Cs.
5.3. Unless expressly otherwise provided, Digital content must only be intended for personal and non-commercial use.
5.4. The Client is not authorised to edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Company.
5.5. The Company is authorised for the purpose of enforcing intellectual property rights, impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
5.6. If the Client acts in contravention of this article, the Company will be authorised to suspend access to the relevant Digital Content, notwithstanding Company`s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
6. Selling Digital content
6.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content or copies of Digital content.
7. Privacy Policy
7.1. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with these T&Cs.
8. Liability
8.1. INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE WEBSITE OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH CLIENT`S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.
8.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES OR NEWSLETTERS (iv) CLIENT`S RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT`S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
8.3 A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g., strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
8.4. Due to the nature of Services that the Company provide and as the Company cannot control whether the Client sticks to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Services.
8.5. Liable company: Kilo Payments Inc. is the company responsible for the managing the Website and Services.
8.6. When using Services, the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. The Client acknowledges and agrees that the Company is not responsible for the availability of such websites or mobile apps. Furthermore, the Company is not responsible or liable for any content, advertising, products, or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, services available on or through any such websites or mobile apps.
9. Medical disclaimer
9.1. The Company clearly state that it is not a medical organisation and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health.
10. Eligibility
10.1. The Services are available only to individuals that can form legally binding contracts under the law therefore the Client confirms that he/she is at least 18 years old. If the Client is accessing Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that person legal guardian and is responsible for that person`s compliance with these T&Cs and will indemnify Company for any losses or damages that Company will suffer as a consequence of failing to comply with these T&Cs.
11. Validity and Termination
11.1. Agreement comes into effect after the Client accesses or uses the Website of Services by accessing or using the Website or Services Client electronically expresses its consent to comply with them, and it shall remain in effect for an indefinite period until termination thereof.
11.2. The Company may terminate the relationship with the Client at any time in the following cases: (i) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
12. Changes to T&Cs
12.1. These T&Cs, Privacy Policy and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the T&Cs from time to time and such changes shall be effective immediately upon posting to the Company’s Website.
12.2. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website.
12.3. The Client understands and agrees that any continued use and access to the Website or Services after any posted updates of the T&Cs, means that Client voluntary agrees to be bound by these T&Cs. If Client does not agree to be bound by the updated T&Cs, he/she should not use (or continue to use) the Website and/or Services.
13. Communication
13.1. In general, the Company prefers communication by e-mail. By accepting these T&Cs, the Client accepts communication by e-mail. The Company may publish information related to this Agreement or Services on the Website. The Client should check its e-mail messages as well as information provided on the Website regularly and frequently. E-mails may contain links to further information and documents.
13.2. Where applicable laws require provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with download function to retain such information and documents permanently for future reference. The Client is requested to keep copies of all communications from the Company.
13.3. The Client may request a copy of these T&Cs or any other contractual document by contacting [email protected]
13.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
13.5. The Client may contact us at any time by sending a message to [email protected]
14. Complaints
14.1. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected]
14.4. By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. The relevant Company will send to the Client a complaint acknowledgement to the e-mail address from the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.
14.5. Client’s requests (complaints) shall be analysed by the Company free of charge.
14.6. If Company’s response to the Client’s complaint does not satisfy the Client or no answer has been provided thereto, the Client has the right to file claim with the regulatory institutions or courts.
15. Dispute resolution
15.1 Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of Client’s location.
15.2 Informal Dispute Resolution. Client agrees to participate in informal dispute resolution before filing a claim against the Company.
15.3 Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company InnoDiets by contacting [email protected]
15.4 Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or Company may bring a formal claim.
15.5 Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Client and Company agrees that Client and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
15.6 Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and Client is agreeing to give up the ability to participate in a class action.
15.7 Client may opt out of this agreement to arbitrate by emailing [email protected] with Client’s first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that Client declines this arbitration agreement.
15.8 The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
16. Miscellaneous
16.1. No person other than the Client shall have any rights under these T&Cs.
16.2. Client may not assign any rights under the Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under the Agreement in full or in part to any third party.
16.3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of Lithuania, except where prohibited by the applicable laws.
16.4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.
PRIVACY POLICY
1. In this privacy policy we, Kilo Payments Inc.,, Company code 4029195, registered address 651 N Broad St, Suite 206, Middletown, 19709, New Castle, Delaware, (“Company”, “we”, “us” or “our”), explain how we handle your personal data when you visit our website, contact us through our official social media pages or email, and/or use our services.
2. In this notice you will find the answers to the following questions:
(a) how we use your data;
(b) when we provide your data to others;
(c) how long we store your data;
(d) what is our marketing policy;
(e) what rights related to personal data you possess;
(f) how we use cookies;
(g) other issues that you should take into account.
3. In case of any inquiries or if you would like to exercise any of your rights provided in this notice, you may submit such inquiries and requests by means provided in Contacts section.
4. You may also contact us regarding all privacy related issues by email: [email protected]
5. All the definitions used in this privacy policy have the same meaning as prescribed in Company’s General Terms and Conditions unless expressly provided otherwise in this privacy policy. This privacy policy forms an integral part of Company’s General Terms and Conditions.
6. In the event this privacy policy is translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless otherwise provided.
1. HOW WE USE YOUR PERSONAL DATA?
1.1. This Section provides the following information:
(a) categories of personal data, that we process;
(b) in case of the personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process your personal data; and
(d) the legal bases of the processing.
1.2. We may process information that you provide to us for the purpose of subscribing to our email messages and newsletters (“messaging data”). The messaging data may include your contact details (such as your email address), as well as other information that you provide to us. The messaging data is processed to send you the relevant messages and newsletters which you subscribe. The legal basis for this processing is your consent. Also, if we have already provided services for you via our website, and you do not object, we may also process messaging data on the basis of our legitimate interest, namely seeking maintain and improve customer relations.
1.3. We may process information relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data is processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, ensuring uniform and high quality consultation practice and for investigating disputes between you and our employees.
1.4. We may process information on your use of our website as well as on your device (“device data”) when you are browsing our website. Device data may include IP address, geographical location, browser type and version, operating system, device type, screen resolution and (in case you agree to share such) your location data as well as information on the motion activity, use of our website (i.e. referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use). We obtain such data through the use of cookies and similar technologies. Device data is processed to enhance the website as well as to set default options. We also use such data to have a better understanding of how you use our website and services as well as for securing the website. The legal basis for this processing is our legitimate interest, namely the proper management of our website and business.
1.5. We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
1.6. We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
1.7. In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
1.8. Should the purpose or legal basis of data processing activities indicated in this paragraph change, we will inform you and, if the consent was the legal basis for data processing, will re-obtain your consent.
1.9. Sometimes we may aggregate, anonymize or de-identify your personal data in such a way so that it cannot reasonably be used to identify you. Such data is no longer personal. We may use such data without restriction in any way allowed by law, including, but not limited to share such data with our partners or research institutions, share in articles, blog posts and scientific publications, aggregate statistics about certain activities from data collected to help identify patterns across users and evaluate or modify our services.
1.10. We are following the principle of data minimisation: personal data processed is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
1.11. Personal data is stored either on the servers of the Company or of our contractors, who are bound by specific contractual clauses regarding the processing of personal data as well as by the confidentiality obligations.
1.12. We are using a number of technical and organisational means to protect your personal data. Organisational security measures include restricting access solely to authorised persons with a legitimate need to access personal data, singing confidentiality agreements, arranging trainings, creating and implementing relevant policies and procedures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, implementing access control and authentication tools, ensuring physical security etc.
2. WHEN WE PROVIDE YOUR DATA TO OTHERS?
2.1. We may disclose your personal data to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice. Such may include internal administration purposes as well as provision/sharing of IT, marketing services or data centres in the group.
2.2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
2.3. We may disclose your personal data to our anti-fraud, risks and compliance providers insofar as reasonably necessary for the purposes of protecting your personal data and fulfilling our legal obligations.
2.4. We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including, providers of servers and maintenance thereof, email service providers, service providers used for data analysis or marketing, customer satisfaction surveys or market research). We take all the necessary measures to ensure that such subcontractors would implement proper organisational and technical measures to ensure security and privacy of your personal data.
2.5. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. HOW LONG WE STORE YOUR DATA?
3.1. Your personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. In any case it shall be kept for no longer than:
(a) messaging data will be retained for no longer than 2 (two) years following the provision of consent or, in case, the messaging data is being sent to the present clients in order to maintain and improve customer relations, for no longer than 2 (two) years following the end of provision of the respective services, unless you respectively withdraw your consent earlier or object to such processing;
(b) correspondence data will be retained for no longer than 6 (six) months following the end of such communication.
3.2. In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. I. e. device data will be retained for as much as will be necessary for the relevant processing purposes.
3.3. After the end of applicable retention period, or upon your request personal data is destructed using overwriting or physical destruction (when applicable) methods.
3.4. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. MARKETING COMMUNICATION
4.1. In case you consent, we will contact you via email to inform on what we are up to. Please note, that your consent is not a condition of any purchase. Also, if we already have provided services to you and you do not object, we will inform you about our Companies or our members of our group Companies other products that might interest you including other information related to such via email, when such were provided to us by you.
4.2. You may opt-out of receiving any marketing communications at any time. You may do so by choosing the relevant link in any of our marketing messages or contacting us via means provided in our website. If you are receiving email marketing communications on the grounds provided in section 4.1. above and you wish to opt-out of receiving them, you will need to opt out separately by following the relevant link in any of our marketing messages or contacting us via means provided in our website.
4.3. Upon you having fulfilled any of the provided actions we will update your profile to ensure that you will not receive our marketing communication in the future.
4.4. Please be informed that as our business activities consists of a network of closely related services, it may take a few days until all the systems are updated, thus you may continue to receive marketing communication while we are still processing your request.
4.5. In any case, the opt-out of the marketing communications will not stop you from receiving communication directly related to the provision of services.
5. YOUR RIGHTS
5.1. In this Section, we have summarised the rights that you have under data protection laws. Some of the rights are complex thus we only provide the main aspects of such rights. Accordingly, you should read the relevant laws (first and foremost the General Data Protection Regulation (EU) 2016/679) and guidance from the regulatory authorities for a full explanation of these rights.
5.2. Your principal rights under data protection law are the following:
(a) the right to access data;
(b) the right to rectification;
(c) the right to erasure of your personal data;
(d) the right to restrict processing of your personal data;
(e) the right to object to processing of your personal data;
(f) the right to data portability;
(g) the right to complain to a supervisory authority;
(h) the right to withdraw consent;
(i) the right to request not to be a subject to a decision based solely on automated processing, including profiling.
5.3. The right to access data. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
5.4. The right to rectification. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
5.5. In some circumstances you have the right to the erasure of your personal data. Those circumstances include when: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent to consent-based processing and there are no other legal basis to process data; (iii) you object to the processing under certain rules of applicable data protection laws; (iv) the processing is for direct marketing purposes; or (v) the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. Such exclusions include when processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with our legal obligation; or (iii) for the establishment, exercise or defence of legal claims. In order to exercise your right to be forgotten, please contact us at [email protected]. After receiving your confirmation, we will delete your personal data to the extent legally permitted.
5.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are when: (i) you contest the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and (iv) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data, however we will only further process such data in any other way: (i) with your consent; (ii) for the establishment, exercise or defence of legal claims; (iii) for the protection of the rights of another person; or (iv) for reasons of important public interest.
5.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
5.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
5.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
5.10. The right to data portability. To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) performance of a contract or steps to be taken at your request prior to entering into a contract, necessary to enter into such,
you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
5.11. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
5.12. You have the right to request not to be a subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. However, there are exclusions of this right. Such exclusions include when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) s authorised by EU or EU member state law to which we are subject to and which also lays down suitable measures to safeguard the your rights and freedoms and legitimate interests; (iii) is based on your explicit consent.
5.13. In addition to specific measure provided in this Section or the website you may also exercise any of the rights indicated herein by contacting us by email: [email protected] We undertake to respond to such inquiries within 1 month after it is received. This response time may be extended by 2 months for complex or multiple requests. In case of such extension, we will inform you additionally.
6. ABOUT COOKIES
6.1. Cookies are small textual files containing identifier that is sent by a web server to your web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
6.2. We will ask you to consent to our use of cookies in accordance with the terms of this notice when you first visit our website.
6.3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
7. COOKIES THAT WE USE
In the website we use cookies of three main types, for the following purposes:
(a) Required cookies – used to ensure proper performance of the website, security of customers and their data, provision of high-quality services;
(b) Functional cookies – used to enhance the website user experience, analyse the use of the system and in accordance to such improve the provision of services;
(c) Advertising cookies – used to observer user online behaviour and optimize marketing campaigns according to such information.
8. COOKIES USED BY OUR SERVICE PROVIDERS
8.1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
8.2. We may use:
(a) Google Analytics cookies to observe our website traffic. Cookies used for this purpose help us detect website errors as well as measure website bandwidth. You can view the privacy policy of Google Analytics here;
(b) Youtube cookies to display in our website content uploaded in Youtube. Cookies used for this purpose help us maintain integrity, create informative and dynamic website. You can view the privacy policy of Youtube here;
(c) Twitter cookies to display in our website content posted in Twitter. Cookies used for this purpose help us maintain integrity, create informative and dynamic website. You can view the privacy policy of Twitter here;
(d) Google Maps cookies to, if the user permits, determine users location. Cookies used for this purpose help us adapt website settings in accordance to user’s location and improve user experience in our website. You can view the privacy policy of Google Maps here;
(e) Doubleclick cookies to control the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. You can view the privacy policy of Doubleclick here;
(f) Facebook cookies to manage the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. You can view the privacy policy of Facebook here;
(g) Google Tag Manager cookies to control advertising cookies. Cookies used for this purpose help us properly distribute ads to users. You can view the privacy policy of Google Tag Manager here;
(h) Hotjar cookies to observe how users use our website. Cookies used for this purpose help us observe the performance of the website and analyse how we can improve our website. You can view the privacy policy of Hotjar here;
(i) Visual Website Optimiser cookies that are used for collecting information on how visitors interact with the pages on website. You can view the privacy policy of Visual Website Optimiser here.
9. HOW CAN YOU MANAGE COOKIES?
9.1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via information provided in the relevant browser website, for example Chrome; Firefox; Internet Explorer; Safari.
9.2. Blocking all cookies will have a negative impact upon the usability of many websites.
9.3. If you block cookies, you will not be able to use all the features on our website.
10. THIRD PARTY WEBSITES
In the website you may find links to and from partner sites, information sources and related party websites. Please take note that such third party website that you will visit by clicking on links have their own privacy policies and we take no responsibility regarding such privacy policies. We recommend familiarising with privacy policies of such websites before providing any personal data to such.
11. CHILDREN PERSONAL DATA
11.1. Our website and services are targeted at persons over the age of 18.
11.2. If we have reason to believe that we hold personal data of a person under that age in our databases without having consent from the parent rights holder, we will delete that personal data.
12. CALIFORNIA PRIVACY ADDENDUM
If you are a California consumer or resident, in addition to the information provided in this privacy policy, you may have the additional rights and information provided to you under the California Consumer Privacy Act:
(a) We do not knowingly sell personal information nor share it with third parties for direct marketing purposes. However, if we do so in the future, you will be notified and have the right to opt-out of the “sale” of personal information;
(b) We will retain, use, or disclose personal information we collect or processes on your behalf, only for the purposes described in this privacy policy, and will notify you if this changes.
(c) You have the right to not be subject to discrimination if you exercise any of your rights.
We do not currently recognize or respond to browser-initiated Do Not Track signals. Instructions to enable for the following browsers are here: Chrome, Firefox, IE, Edge, Safari, Opera.
13. UPDATING YOUR DATA
Please let us know if the personal information that we hold about you needs to be corrected or updated.
14. CHANGES TO THE NOTICE
Any changes to this notice will be published in the website and, in case of material changes, we may inform you about such via email or by other means which we will deem the most fitting in a particular case.