Terms and Conditions
Terms and Condition
LICENSE AGREEMENT REGARDING THE USE OF THE APPLICATION OF THE PROVIDER BY THE CUSTOMERS
IMPORTANT!!! PLEASE READ CAREFULLY THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT HEREOF BEFORE DOWNLOADING THE APPLICATION AND/OR ANY UPDATE THEREOF, AS APPLICABLE.
I. This agreement (hereinafter, the "Agreement") is an obligatory, legal and valid agreement between the Provider (hereinafter the "Provider" or "We"), in paragraph (s) XXXIII below, and you (hereinafter "You" or "User" or "Customer"), as the end user of the Provider Application (hereinafter "Application" or "Provider Application" or "Solution") or “Provider solution "or" Software "), that wants to order and/or buy applications, different products and/or services (hereinafter," Products "and/or" Services "), different product and/or service providers (hereinafter "product and/or service providers") who want to offer you and other customers different products and/or services.
II. The Provider application also incorporates, without limitation, online software essentials, which are available as widgets or plug-ins, web clauses, available to you through the provider's online platform, as well as a variety of orders, application for placing/taking software packages of smartphone, tablets or other terminals (hereinafter referred to as "terminals") as well as (later) upgrades, replacements, reinstall and updates to the application ("updates") by the provider. You are solely responsible for downloading updates or not. This agreement’s terms and conditions incorporate the fact of any replacement and/or amendment thereof made by the Provider.
III. By installing and/or downloading and/or using the application and/or an update and/or parts and/or by pressing the accept button and/or tacitly or explicitly accepting the application you expressly and unconditionally to accept all the terms of this Agreement, even if changed or changed from time to time, and to honor them fully and fairly. Do not download and/or do not use (any longer) the application and/or any updates, as applicable, if you do not agree to fully and adequately comply with the terms and conditions of this agreement.
IV. The most important motive of Provider application is it permits customers to buy or order buy products and/or services from the providers about product and/or services with the application (e.g. this means the products must be delivered to the customer and/or received by the customer from the supplier’s place which depends on the customer’s choice) and because of this purpose according to enable the intermediation regarding the customers’ getting the information (“information”) provided by means of the supplier of products and/or services in connection with the product supplier and/or services as well as their product and/or the services, accessible on the platform of provider with the widget (hereinafter referred in accordance with so the “widget”) (accessible) out of the web site of the product and/or services supplier and/or of third parties and/or the Provider’s web site and/or the intermediation for delivering the related information including the (ordering of), (buying of) the products and/or the services from the supplier of products and/or services to the customer and from the customer to the supplier of products and/or services through the application installed on the smartphones and/or tablets and/or vile terminals, as the suit can also be, so well as much somebody vile reasons expressly allowed by way of the Provider. You are not permitted to use the provider's application for purposes other than the above, but only with the provider's express and prior approval. You expressly acknowledge and agree that you have the right to use the Provider Application only as an end user and that you are not permitted to use the Application for any purpose other than that expressly set forth in this Agreement.
V. Subject to your unconditional, complete and proper acceptance and compliance with the terms and conditions of this Agreement, even as they are replaced or modified from time to time, the Provider will grant you a limited and non-exclusive right. and non-transferable to use the application in accordance with the terms and conditions of this agreement, even to the extent that they will be replaced or modified from time to time, and only for the period during which you unconditionally, fully and adequately comply with the terms and the terms of this agreement, including to the extent that they will be superseded or modified from time to time, only until the termination of this agreement, regardless of the reason for termination. This Agreement is valid for a period of 30 days from the moment of download/use of the Application and the period of validity will be automatically extended for successive periods of 30 days if neither party notifies the other party of the termination of this Agreement before the expiration of each validity period, without complying with any other prior formality. To communicate with you, we may use the contact details from the email that you provided to us while using the application. Electronic communications are complete means of proof about the legal relationship between the parties. The application is licensed and is not sold to you by the provider for use in accordance with the terms of this agreement, including the fact that it may change or change from time to time.
VI. The provider retains ownership of the provider's application, including/for the widget, and reserves all rights not expressly granted to you.
VII. The provider may, at its discretion, provide you with updates. Updates may not include all existing application features, or in other cases newly launched features. The provider may, at its sole discretion and without your consent, introduce new features at any time (limited to but not included in the case when you use the paid solution/part (s) of the solution/function in the solution) and/or features and/or modifications and/or improvements to some existing functions and/or capabilities that may be automatically implemented by the provider. If you do not agree to such an update, you have the right to terminate this Agreement with immediate effect from next month, and in such a case this is the only remedy.
VIII. The terms and conditions of this Agreement, including the fact that it changes or changes from time to time, wins and applies in full to any update, unless a separate agreement is made with a particular update that explicitly states that it is separately on this update. In this case, the terms and conditions of this agreement apply, even if they are changed or changed from time to time.
IX. To use the application or certain functions of the application, you must create a valid account and download the application to a PC and/or smartphone and/or tablet and/or other type of terminal. Application use may require the use of a PC and/or a smartphone and/or tablet and/or any other type of terminal so that the application can be used appropriately and the available function is used. It is possible that the application cannot be downloaded and/or used in conjunction with some operating system or browser on some PCs and/or smartphones and/or tablets and/or any other type of terminal. You expressly acknowledge and agree that the application is also subject to the terms and conditions of the software platform through which the application may be downloaded by users. Without affecting the generality of the persons named in this Agreement, you expressly accept and agree to the fact that:
i) The Product and/or Service Provider shall be solely and exclusively responsible for the information (including widgets) and the information accessible and/or transmitted by the Product. And/or make it freely available to suppliers of products and/or services, in which case the provider's liability is excluded.
ii) The Product and/or Service Provider is fully committed to the Product and/or Service, Product and/or Service, Product Quality and/or Service, the Licensee and other necessary licenses required to commercialize the Service. And we take special responsibility. Such products and/or their orders, sales and supply, availability and presence of products and/or services, prices and/or payments, promotions and/or discounts of products and/or services, provision of products and/or services to minors, and liability of the provider are excluded.
iv) The Provider may store data and information in the "cloud" when creating an account on the Provider's Platform and/or installing an End-User App for Provider Mobile Devices. With you;
v) You may need to be certified by the Product and/or Service Provider to fulfill the order.
vi) The provider shall not be liable in any way when modifying and/or rejecting the order and/or modifying the products and/or services by the provider of the products and/or services.
vii) The information obtained through the widget may be entirely and/or partially outside the English language or the user's mother tongue and the provider will not be responsible in any case and you are responsible Are
viii) The provider sends certain information in your name and/or on your behalf, and the provider is not responsible in any way.
ix) You add any widget (including information and/or (credit) cards when loading and/or which you do not request), and Or transfer are responsible for this information. In the event of misuse of such information, processing such payments excludes the responsibility of the service provider or the responsibility of the third party provider.
x) The Provider may offer for your order the possibility of paying online suppliers of products and/or services, as part of the ordering process for the Solution. By paying for your order online, you understand that the suppliers of products and/or services are the beneficiaries of your payment and agree that the suppliers of products and/or services and/or third parties that process the payments can manage and store your details of the credit card, in full compliance with PCI regulations, in a secure format and/or in a cloud vault, to facilitate reordering and payment and you also agree that the provider may use its cookies to facilitate the 'association of your Card identifier in secure format with data and/or information stored locally in your terminal (s). Therefore, refund requests, if any, must be made directly to the provider of products and services, which is the responsible beneficiary and the final recipient of the respective online payment.
xi) At any time, the provider has the authority to bring new features that may impose a payment (remuneration) for using the solution/part (s) of the solution/features of the solution and you can use after that date the/the solution/part (s) of the solution/functionality of the solution for which the remuneration has been established, if any, only on the condition of accepting and paying the remuneration. Unless the Parties agree otherwise, payment (remuneration) for the use of the solution (s)/parts of the solution/solution functionality on their part may also be made in the form of a monthly subscription (s). You are agreeing that payments can be automatically collected. Unless the parties agree otherwise, you agree that a refund will not be possible. However, you can terminate this agreement or use paid solution/parts of the solution/functionality of the solution. The termination will take effect from the next month.
By installing and/or downloading and/or using the application and/or an update and/or part thereof and/or by pressing the accept button and/or accepting the application, you consent to the processing of the products and/or by the provider and/or the providers expressly and unconditionally to services (personal) data and/or other personal data that have a function of general applicability for identification and during the installation and/or use of the application for the entire period in which you are user of the application are made available (including) for purposes that enable the customer to order and/or purchase products and/or services from product providers and/or services via the application (e.g. products or services to be delivered to the customer and/or to be picked up by the customer at the locations of the product and/or the service provider, depending on the customer's option). And for this purpose, to enable customers to access information provided by suppliers of products and/or services and their products and/or services that are available on the widget in relation to suppliers of products and/or services. Products and/or services providers' website and/or third party and/or provider's website and/or (order) for the transmission of information from the intermediary (accessible), (purchase)) smartphones and/or tablets and/or other Products and/or products for customers and/or providers of products through the application downloaded at terminals and products and/or services of providers of products; Where applicable, as well as any other purpose that enables you to provide the Services for and/or marketing and/or advertising purposes. Refusal to provide some (personal) data may mean that the application and/or some features of the application may not be used (in full) and/or order and/or purchase and/or delivery of products and/or services and provider is authorized to restrict access.
For greater clarity each times that you: i) use functionality ("functionality") that facilitates/implements certain services provided by third parties, and/or purchase products and/or services from providers. For products and/or services, and that is available through the application; And/or (ii) order and/or purchase products and/or services from product and/or service providers that involve the services of third parties (such as third parties who are placing your order, order/purchase billing- POS-es, etc.), you expressly and unconditionally agree that all information provided by you after providing the order/products and/or services you purchase, in relation to such orders/purchases will be sent to said third parties to provide their services and the processing of (personal) data and/or other personal data, expressly and by the provider and/or suppliers of products and/or services and/or said third parties. Unconditionally agreed, based on general applicability for identification, given/ordered and/or provided with the opportunity to purchase products and/or services from product and/or service providers, as the case may be. It is, for purposes and/or allows the purchase of products and/or services from providers. Footer and/or services and/or that you allow using the services of said third parties and/or allowing said third parties to provide/provide their services in connection with said order/purchase.
X. You acknowledge the fact that in connection with the application, you do not allow any third party to copy, decompile, restore, re-dome, edit, translate, reverse engineer and perform any other third party and do not allow attempt to derive source code separately, in any way and for any purpose, in any way and for any purpose, in any way and for any purpose, in any way to find the code, try to find the source code in any way, decrypt, create any derivative product based on the application, or perform other similar actions, regardless of its nature, without prior written permission of the provider.
XI. You agree to use this Application in accordance with all applicable laws, including the local laws of the country or region applicable to this Agreement, including your headquarters/domicile or where you are downloading or using the Application and you are solely responsible for that. Despite the above generality, you must have a legal minimum age to download, install and use the solution in accordance with applicable legislation, but not less than 16 years of age.
XII. In order to use and access certain application/application functions, you will need to use a combination of registered usernames and passwords when creating/editing your account. Automatic registration is not allowed. To complete the sign-up/registration process, you will need to request your full name, valid email address, and other information. You are responsible for maintaining the security of your device, account and password (if any). Provider shall not be liable for any loss or damage caused by non-compliance with this security obligation.
You are not supposed to misrepresent yourself or identify someone else to complete the sign-up/registration process while using the solution.
The application is prohibited from use for renting, leasing, financing, redistributing, and/or sublicense.
XIII. You can receive one-sided communication according to the following data processing policy and allow communication on demand. You can also send arbitrary communications (including uploading content) to communications that include a variety of content. Ho (referred to as "content" in this agreement). To the maximum extent permitted by law, the provider may use the email address and/or telephone number provided while using the application for solicited and unsolicited communication.
XIV. Use of Content and/or Products and/or Services may ask for access to the Internet, and use of username and password combinations requires agreement to certain additional terms and conditions of certain parties. There may be a need and may be for additional costs-in such cases, you will first be notified of payment details. By receiving content, you understand that you may be exposed to content that may be considered offensive, obscene, or questionable, content that may or may not be identified with plain language and access search results or any URL address. It can be generated automatically and inadvertently links or references to other suspicious content. However, you agree to use the Content and the Affiliate Services and/or Products at your own risk and the Provider will not be liable for Content that may be deemed offensive, indecent or questionable. Furthermore, you accept the fact that the content may include links to some third party websites. In the case of third-party content, you acknowledge and agree that the provider may not be responsible for the availability and reliability of the content, the examination or evaluation of the content, the accuracy content, or any part here. Integration, reality, recognition, adherence to copyright, legitimacy, label, quality of the content or any aspect of the content or any part of the content or third party website. The Provider, its representatives and its affiliates or subsidiaries will not be responsible, endorsed, endorsed or endorsed by you or any other person for any third party content or third party website, or any other content, products and/or services of third parties.
With respect to Content, regardless of its nature, you must not rely on Content under any circumstances that may result in death, personal injury, property or environmental damage, other harm and/or prejudice. I acknowledge and agree. With respect to Content, the Content may contain information and materials that are protected by ownership of the Provider or other third parties and may be protected by intellectual property laws and laws. I also agree with the fact that there is. Others are protected laws, including but not limited to copyright law. You agree to use the Content only in accordance with the modality expressly permitted in this Agreement, the terms and conditions applicable to the Content (if any), and the applicable statutory provisions. No part of the Content may be reproduced in any form or method. You agree that you will not use, modify, rent, rent, rent, sell, distribute, or create any content-based derivative work in any way and use the Content, or the Content and/or Use the application in a rogue manner, including but not limited to sending viruses, worms, Trojan horses, or other types of malware, or invading or claiming network capacity. In such cases, we take full responsibility.
Also, you do not accept the content and/or the application in any way to infringe, abuse, spy, threaten, defame or infringe or infringe the rights of any other party, and the provider will not do so in any way. You will be responsible for the uses, or any harassment, threats, defamation, abusive, illegal or illegal messages or transmissions that you may receive as a result of your use of the Services. Also, content may not be available in some specific languages or regions. Regarding the content, you acknowledge and agree that the provider is not responsible for its being sufficient or available for use in a particular geographic area. To the extent that you choose to use or access the Content, you do so at your own initiative and are responsible for complying with applicable legal regulations, without limiting local legal regulations. The provider reserves the right to modify, suspend, remove or disable mod access to any content and/or limit the use and/or limit access to any content at any time and without prior notice, and the provider will not be responsible for no way. The provider is not responsible for any information on the content.
XV. To the maximum extent permitted by enforcement legal rules, applications and content are "available" and "based on availability", with all omissions, errors, or defects of any kind. There is no guarantee. Explicitly indicate that the provider makes no liability and no warranty with respect to the application and/or material, including quality and method guarantees, or whether implied, explicit or legal. I will. The Provider is excluded from the purpose of conformity for certain peaceful and useful uses, warranty of defects, non-infringement of the rights of third parties, and any liability in such cases. You expressly acknowledge that the Provider does not warrant that there are no problems applying and using the Content and/or that it will not be interrupted and/or that it meets your needs and/or that there are no errors. I agree. Free and/or the fact that applications and/or content errors or defects are fixed and/or the fact that applications are compatible and/or works with software, hardware and/or third-party applications and it does not affect their use.
You definitely well-known or heed so no act, regardless about its nature, inclusive of somebody information, action, distinction and recommendation from any concerning the events intention represent some guarantee related to the application and/or the Content.
You expressly acknowledge or agree that no work, regardless of its nature, will represent any warranty related to the application and/or content, including any information, action, payment or recommendation of any party. You expressly acknowledge and agree that in case of errors, omissions or defects in the application and/or the content, you will bear all costs for all repairs and remedies. You acknowledge and acknowledge the fact that the provider does not guarantee and is not responsible for any information provided by products and/or services and/or its products and/or services (which should be) and. Certain jurisdictions do not allow the exclusion of guarantees or limitations of applicable legal rights and in these cases your rights determined by the required legal rules are not affected, you benefit from the guarantees established by the required legal rules and the exclusions and limitations. It will not apply in the cases required by the previous legal regulations.
XVI. To the maximum extent required by legal regulations, you expressly acknowledge and agree that the Provider is not responsible for any loss, including direct and/or indirect damages and/or personal injuries, as a result of or from the use of the application and/or corresponding content. Regardless of the method and whether the provider was advised of the occurrence of such damage, whether the probability of the event was reasonably visible.
Certain jurisdictions do not allow limitations in certain cases or in certain types of damages and/or liability for injury and in these cases your rights are not affected by the mandatory legal rules and regulations and the above costs and limits will not apply in these cases prohibited by current legal rules and regulations.
XVII. To the maximum extent of the existing legal regulations, you expressly acknowledge and agree that you may not use, export or re-export the Application and/or the Content and if, by exception, you expressly agree in this regard. Once acquired, you cannot use, export or re-export the application./Or the Content, except in accordance with United States law and the laws of the area where the application was received and/or the materials and laws of the place where it is intended to be imported, exported and/or made. Re-export and cannot be exported or re-exported to any country. By using the application, you represent and guarantee that you are not in any of these countries or included in these lists. Further, you agree that you will not use this application for any purpose prohibited by any legislation, including the development, design, manufacture, production and/or purchase of missile, nuclear, chemical or biological weapons. Limited to but not limited to. You may not use the application for any illegal or unauthorized purpose. You must not violate any law in the applicable jurisdiction while using the Application ((Included but not bound to copyright laws). You may not use the app to purchase pharmaceutical and/or ethno-botanical products or other similar products.
XVIII. License, application, with the same rights, representing the user, government or other company, authority, organization, association, etc. in compliance with this agreement and only as restricted software, pursuant to this agreement Can get with or without the possibility of use for purposes other than those mentioned in this agreement.
The application area is protected by evasion and the rules of international treaties. You acknowledge that you do not have permission and you agree that no third party is permitted and not permitted in connection with application, delivery, reproduction, rent, loan, communication, transmission and re-transmission, receipt of applications and/or products in connection with the application. The above violations may result in criminal and/or civil action and may lead to fines or damages. The User has the responsibility to protect and indemnify the Provider against any claims, complaints and/or demands that result from the infringement by the Users of the intellectual property rights or other protected rights, damages, costs, fees and costs of any type, regarding the improper fulfillment by the user of any obligation (s).
XX. The parties agree and declare that they are not in a position, have the necessary knowledge and experience to understand and negotiate the current contract, and they may hire consultants to understand and negotiate the terms of this agreement and the one-stop services of each party are negotiated and are resolved reasonably, considering each other, without conditions. The parties state it clearly.
XXI. The Parties acknowledge and declare any extraordinary and/or unexpected changes in matters that have intervened after the termination of the current Agreement, including changes that constitute a genuine injustice to either party to enforce any obligation, and the dangers of referring to these changes and the right to request the court a variation or termination of the contract.
XXII. The parties agree and declare that the terms of the contract represent the terms that are applicable to them and that they fully agree on the essential and secondary elements, unless expressly agreed later.
XXIII. Both parties agree to and declare that they agree to the terms and conditions of the agreement and any other terms of the agreement that are deemed abnormal.
XXIV. The user has properly postponed the expiration date when he or she has to fulfill his obligations and has not fulfilled or improperly fulfilled it.
XXV. The parties to this Agreement agree that any dispute arising out of or in connection with this Agreement (including conclusion, enforcement or termination) will be settled by the court of competent jurisdiction of the Provider's headquarters, except for reference to any conflict of law.
XXVI. If provided in this Agreement and/or if it is invalid, illegal, invalid, or invalid, it does not affect the validity or applicability of the other terms of this Agreement. These terms remain valid and have legal effect as if they were invalid, illegal, invalid, or invalid paragraphs. It wasn't part of the contract.
XXVII. Obligations and/or obligations that, by their nature, are aware of the period of application and have effect, including unpaid obligations of the Contracting Parties, upon termination of this Agreement.
XXVIII. You have no right to assign this Agreement or, in whole or in part, any obligation arising out of this Agreement and/or this Agreement without the prior written consent of the Provider. The user expressly agrees that the provider can transfer this agreement to a third party, can replace the third party in the relationship resulting from the agreement, the assignment affects the user from the time of notification of the replacement and from this time on Provider is released from any obligations towards the user.
XXIX. In this convention, the plural includes the singular and vice versa.
XXX. A waiver of a right is only effective if it is made in writing and signed by both contracting parties.
XXXI. This agreement contains all agreements between the parties and supersedes all prior written or oral agreements relating to the subject matter of this agreement and constitutes the entire related agreement between you and the provider.
XXXII. This agreement is subject to the laws of the provider's headquarters. This is the applicable law in the event of any dispute that may arise in connection with this Agreement, with the exception of the possibility of referring to legal conflicts. This agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The provider is GlobalFood Tech SRL, J40/8605/2013, which also owns the website www.globalfoodsoft.com, where the provider's identification and other data are available and regularly updated, depending on the provider's ability to get closer to all contact points to bring geographic region.
XXXIII. The English-language version of this Agreement shall prevail over any version of any other language, which may be prepared only for local purposes unless prohibited by local jurisdiction from certain jurisdictions.
XXXIV. No party is entitled to terminate this Agreement unilaterally with the notice sent to the other party, without pre-formal formalities procedures and without the right to seek redress for you, and the Provider reserves the right to limit or terminate the application. This Agreement terminates properly if the User inappropriately fulfills any of his/her obligations, without delay (resulting from the simple fact of enforcement/inadequate enforcement), without any pre-formal formalities and without judicial or judicial process; such termination shall have the effect of terminating/canceling or suspending the use of the Solution and the related data and account, if any. Except for claims remaining on the expiration date, you do not accept any rights from the contract after the termination of this Agreement and you are bound to terminate any use of the Application. You can revoke this license at any time by uninstalling/deleting the app from all your devices and asking you to delete your data.
XXXIV. Data Processing Policy
Provider Identification and Contact Data and Data Security Officer Contact Data
The identity and contact details of the provider (also known as "controller" in this clause) and the contact details of the data protection officer can be found in clause 25 below.
2. Purpose of processing (and the corresponding legal basis)
2.1. Controller to download/install personal data (such as name, surname, (delivery address), telephone number, email address, (geographic) location data, payment card associated data) provided by you and/or provider's application. Processes using to fulfill an agreement in which you are in an agreement with the provider ("Agreement" or "License Agreement") and/or providers of a product and/or services, for any purpose, as the case may be steps to order to enter. Such request expressed by you while using the application.
2.2. In any case where to fulfill a contract, without affecting any other right of the controller to process personal data provided by you while downloading/installing and/or using the application Required in which you are a party with the provider and/or in the event of any such request expressed by you in the application and/or any other matter, taking steps for you to enter into a contract with the suppliers of products and/or services when it is valid pursued by the Controller or any third party Necessary for the purposes of interests to the maximum extent permitted by applicable legal regulations, by pressing any button (accept) and/or ticking a box in this regard, and/or any button to place an order (delivery and/or execution and/or receipt) of certain products and/or services and/or through any (other) action that clearly indicates the acceptance by the data subject of the processing of their personal data in this regard and, if possible, you (also referred to in this data processing policy, in addition of "you" or "user" or "Customer" and "interested party"), you express your explicit consent and accept knowingly, freely and unequivocally the processing (data after collection, registration, organization, structure, storage, consultation, use and disclosure by transfer) of (personal) data that you provided when using the application (for example, first name, last name, (delivery address), telephone number, email address, location data (geographic), data associated with the payment card), as the case may be, in order to offer and facilitate all the functions of the application, as appropriate, in order to place orders and/or buy and/or deliver products and/or services from vendors products and/or services and/or for any compatible, related and related purpose, including, but not limited to, processing payments and/or related orders and deliveries and/or (submitting data to) process and offer any related benefits related to loyalty programs that you have subscribed to and/or otherwise participate in In the case of orders made through a request for loyalty, the maximum is allowed by legal rules and regulations, but only if separate consent is not required.
Without influencing the generality of the advanced yet because the motive regarding clarity, the (personal) information provided then the usage of the application, namely then condition the action may also be, wish stand processed via the Provider and/or supplier of product and/or services, because the reasons so permit the patron (data subject) in conformity with order and/or according to purchase products and/or purposes out of the providers on products and/or services, via the application (including barring challenge product in imitation of lie delivered in conformity with an tackle choice through the purchaser and/or in imitation of be picked-up from the location(s) regarding the providers over product and/or services, and/or features after remain furnished within a definitive location) and/or within order in accordance with entrust the products and/or services toward the customer, relying concerning the requests and/or the options about the customer (data subject) of that sense and/or within any compatible, associated then correlated purposes, which includes with the aid of inserting them among a information record rule as like well as like (sending the data for) processing or providing concerning someone associated benefits related in conformity with the loyalty applications thou have signed-up because of and/or in accordance with who you otherwise participate, in law regarding the orders observed via a loyalty application, the facts respecting confirmation and avoid on the order then as regards the neglected orders, between method in conformity with stand aged in lawsuit over someone case and/or fraud involving the payments, into discipline in imitation of locate the providers concerning product and/or functions up to expectation are in the region the place the statistics issue is (by the usage of the geo(location) information presented by the data subject, among lawsuit the facts difficulty chooses in accordance with utilizes certain data), after the maximum sum accredited by using the prison regulations among force but solely between litigation that is no longer fundamental a separate agree into it sense, and, for certain purpose(s) after mainly allow the facilitation/intermediation because transmission of the (personal) information and/or (other) records of affinity together with (order about and/or) (buying of and/or) (delivery of) product and/or capabilities from the providers over products and/or capabilities via the customer and/or beside the customer and/or Provider towards the providers over product and/or services, through the application.
2.3. The details of your electronic contact provided during the sale of a product or service may be used for direct marketing (immovable communication) for similar products or services. You can always revoke your consent by accessing the link provided.
2.4. Without prejudice to the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Data Controller and/or suppliers of products and/or services to send you direct marketing communications (Unsolicited messages, products or services that are not similar to those in which you provided your data) if you have given your consent for such a purpose. You can always revoke your consent by clicking on the link provided.
2.5. The data controller will keep and process all your personal data for the maximum duration and period provided for by the binding legal regulations in force.
2.6. The controller will also process your personal data for all other purposes for which you have expressed your explicit consent.
2.7. Any reference to the processing of personal data by suppliers of products and/or services has the sole purpose of informing the data subject in this sense and is in no way intended to establish other methods and purposes of processing personal data than those expressly stated by and for the controller.
3. Legal basis for processing
The legal basis for processing consists of letters a), b) and c) of Article 6, point 1), as well as, in particular in the case of direct marketing, letter f) of Regulation (EU) 2016/679 Of the European Parliament and of the Council of April 27, 2016 (referred to in this data processing policy as the "Regulation" or ("GDPR"), such as:
(A) The data subject has agreed to process his personal data for one or more specific purposes.
(B) Processing is required to fulfill the contract in which the data subject is a party, or to take action at the request of the data subject before concluding the contract.
(C) Processing is required to comply with the legal obligations that the administrator complies with. .
.....(F) It is necessary to process for the purposes of the legitimate interests pursued by the Controller or by a third party...”.
To the maximum sum accredited by using the legal law within force, the non-public facts technology for prescribe advertising purposes can also stand done because a official interest, adoption within deliberation like is a applicable and adequate relationship among the facts concern yet the Provider as like nicely so of the information concern and the suppliers of products and/or services, the statistics concern being/becoming both a customer over the Provider and over the providers concerning products and/or services in imitation of to those the records concern wish discipline product and/or services. The authentic pastimes pursued by using the Provider or the providers on products and/or functions through the advice advertising communications, typically are the opportunity concerning keeping the customer up to date along the pastime concerning the Provider and/or the providers on product and/or services, as like the case can also be.
4. Recipients or category of recipients of personal data
4.1. Recipients to whom the personal data you provided when using the application will be disclosed and transferred to the suppliers of products and/or services from which the data subject will request products and/or services, for the processing of personal data for the purposes mentioned in Art 3 above, as applicable.
4.2. In addition, information about invoices and/or your payment cards will be shared with the relevant payment processing parties to process payments.
4.3. In addition, the following information will be transferred to the following categories of recipients for the following purposes:
4.3.1. Your details, namely: surname, first name, email address, telephone number, delivery address (if necessary), provided together with your order details in electronic format (except payment card details, if you have chosen the online payment process) will be (re) transmitted via email operators (currently Sendgrid Inc. and/or Peaberry Software Inc. d/b/a Customer IO and/or Amazon SES service from Amazon.com Inc.) to and from product and/or service providers to you at your email address to process your order and provide you with appropriate notifications regarding order confirmation or rejection information, or lost orders and delivery of your order.
4.3.2. If possible, your contact details, such as: name, surname, e-mail address, telephone number, delivery address (if applicable), details of your order are provided electronically (except for the payment card, if you opt for the online payment process) to the supplier of products and/or services SMS Messaging Operators (this version is Twilio, Inc.) will send (you) return the SMS to process the order and provide you with notifications regarding order confirmation or refusal or missed orders and information on the delivery of your order.
4.3.3. If you choose an online payment method, your contact details, namely: surname, first name, e-mail address, telephone number, delivery address (if applicable) will be sent to you by electronic means provided by your order details: Original IP of the order session, card holder's name, Card expiration date, CVV card number (if required); To process payments to your relevant products and/or services providers, you can capture directly through the relevant payment processors API (this version is Spreadly Inc.) in full compliance with PCI rules providing you with relevant notifications about order confirmation or refusal or missed orders and information on delivery of your order.
4.3.4. In addition, the personal data provided while using the application will be sent by data storage providers for storage (at the time of this version by Amazon).
5. Transfer of personal data to third countries or an international organization
5.1. A possible transfer or series of transfers of personal data to a third country or an international organization will only take place under one of the following conditions:
(a) The data subject has expressly consented to the proposed transfer after having given their express consent about the possible risks of such transfers for the data subject Informed person due to the lack of an adequacy decision and adequate guarantees;
(b) The transfer is necessary for the performance of a contract between the data subject and the controller or for the implementation of pre-contractual measures taken at the data subject's request;
c) The transfer is necessary for the conclusion or performance of a contract that was concluded in the interests of the data subject between the controller and another natural or legal person;
d) The transfer is necessary for important reasons of public interest;
e) The transfer is necessary for the establishment, exercise or defense of legal claims;
f) The transfer is necessary to protect the vital interests of the data subject or other persons if the data subject is physically or legally incapable of giving consent;
g) The existence of an adequacy decision under the regulation;
h) The existence of adequate safeguards, including binding corporate rules under the obligation;
5.2 The controller transfers the following data to the following third country as follows:
5.2.1 Your first and last name, first name, email address, telephone number and shipping address (if applicable) will be delivered to Sendgrid Inc, based in Denver Colorado- USA, to process your order and provide relevant information notifications regarding approval or disapproval of an order, or non-fulfillment of an order, and delivery of an order.
5.2.2 Last name, first name, email address, phone number, shipping address (if applicable), Peaberry Software Inc. d/b/a based in New York, USA, to process orders and process orders. It will be sent to the IO customer. Provides notifications related to information about order confirmation or rejection, order failures, and order delivery.
5.2.3 Name, name, email address, phone number, shipping address (if applicable), Twilio Inc, San Francisco, California, USA, to process orders and provide relevant notifications. It will be sent to information on how to confirm or reject an order, or breach an order and deliver it.
5.2.4 Last name, first name, email address, telephone number and delivery address (if applicable) the IP address of the order session, as well as any other data provided by you (if you have chosen the online payment process, then the payment card details Except) will be sent to Amazon.com Inc. In Oregon, United States, to store and/or process an order, and to provide you with information on order confirmation or rejection, or proper notice about missed orders and delivery of your order.
5.2.5 Last name, first name, email, phone number, shipping address (if necessary) will be sent along with the IP address of the order session, card holder name, card expiration date, card number, CVV (if necessary) to be entered directly Via PCI Complete iFrame located in Durham, North Carolina, USA to process your order and provide information on order confirmation or rejection information or missed orders or delivery of your order. 6. The period for which personal data will be stored/the criteria used to determine this period.
6. Personal data storing period/The criteria for determining the period
Personal data will be stored for the entire period during which you are a user of the application and at least for the period during which the agreement with the controller regarding the use of the application is still valid, if the personal data has not been deleted for other reasons to date, but not less than the period provided by applicable legal provisions. Personal data is used for the execution of the Agreement as well as for tax and/or legal purposes and in addition, for the general public above and without prejudice, for the e-mail address and telephone number (and may be the case) stored for direct marketing purposes.
7. The obligation to provide personal data and the possible consequences of not providing this data
The provision of personal data is an agreement requirement.
The data subject is bound to provide personal data.
Refusal to provide (specific) (personal) data (as a result of an imperfection of the obligation to provide relevant data) leads to the fact that the application and/or some functions of the application cannot (fully) use and/or cannot be used to order And/or purchase and/or selection and/or delivery of products and/or services by which the provider is entitled to restrict the rest access to the functions of the application in this sense.
Without affecting the generality of the above and for clarification:
i) If the payment card information is not provided, the payment cannot be processed.
ii) If (geo) location data is not provided, we may not provide you with data related to the nearest product and/or service provider.
iii) In case data is not provided about the places where the product is supplied, the product cannot be supplied.
iv) If you do not provide an email address, we may not send you information on order confirmation or rejection or missed orders and/or other information about you. Orders and communications cannot be in accordance with the agreement.
v) If your first and last name is not provided, we will not have the minimum identification data to make the correct agreement with you and your order will not be processed and we will not be able to provide you Will In case of order confirmation or rejection or send information on missed orders.
vi) In case of not providing IP address, further investigation cannot be done whether or not you have been victim of fake order session (e.g. as fake orders, jokes or purchase imitations), so this order cannot be safely accepted.
vii) In case of non-provision of telephone number, the provider of the product or service may not return to you in time for clarification regarding the order or delivery address, as may be the case.
8. Right to Access to Data Content
8.1. The Data Subject reserves the right to obtain from the regulatory authority whether or not personal data relating to him is processed and, where applicable, access to personal data and the following information:
(a) Purposes processing;
(b) Categories of related personal data;
(c) Categories of recipients receiving or receiving personal data, particularly those in third countries or international organizations;
(d) The extent to which personal data will be collected or, if this is not possible, the criteria used to determine this period;
(e) The right to request the regulator's limitation on the correction or deletion of personal data or the processing of personal data relating to the content of the data, or to object to such processing;
(f) The right to complain to the supervisory authority;
(g) Where personal data is not collected from the data subject, any information available to its source;
(h)The existence of automated decision-making, including profiling mentioned in regulation and, at least in these cases, useful information about the logic involved, as well as its importance and consequences for such data processing.
8.2 If personal data is transferred to a third country or international organization, the data subject has the right to be informed of the appropriate guarantees for the transfer.
8.3 The controller provides a copy of the personal data that is being processed. For any additional copies requested by the data subject, the regulator may impose reasonable fees based on administrative costs. The information is provided in the most commonly used electronic form, unless the data subject requests it by electronic means, and unless the data subject requests it.
8.4 The right to obtain a copy referred to in paragraph 8.3 does not adversely affect the rights and freedoms of others.
9. Corrective right
The data subject has the right to receive from the regulator without undue delay, correcting inaccurate personal data about him or her. Data Content reserves the right to complete incomplete personal data, even taking into account the objectives of the process and providing a complementary statement.
10. Right to erasure ('Right to be forgotten')
10.1. The data subject has the right to delete their personal data from the regulator without undue delay, and the controller is responsible for deleting the personal data without undue delay where appropriate for one of the following reasons:
a) The personal data is no longer necessary for the purposes for which they were collected or processed;
b) The data subject withdraws their consent on which the processing is based if the processing is based on the data subject's consent to the processing of personal data for one or more specific purposes and if this is not the case there is no other legal basis for the Processing;
c) The data subject objects to the processing on grounds relating to their particular situation, in accordance with the Regulation, and there are no compelling legitimate reasons for the processing, or the data subject objects to the processing for direct marketing purposes and if there is no other legal basis for processing there;
d) The personal data have been processed unlawfully;
e) Personal data must be deleted in order to comply with a legal obligation under Union or Member State law to which the controller is subject;
f) The personal data were collected in the context of the provision of information society services for a child in accordance with the regulation.
10.2. If the controller has published the personal data and is obliged to delete the personal data in accordance with paragraph 10.1, the controller must take this into account, taking into account the technology available and the costs of implementing appropriate measures, including technical measures, to inform the data controllers who process personal data for which the data subject has requested the deletion of a link with or a copy or replication of this data by these data controllers personally.
10.3. Clauses 10.1 and 10.2 do not apply to the extent that processing is required.
a) Exercising the right to freedom of expression and information.
b) Perform the functions for the public good or for the exercise of the public authority conferred upon the Administrator in accordance with the statutory obligations to be dealt with by the Federation or Member State law.
c) For reasons of public interest in the field of public health pursuant to the regulations.
d) For purposes of public interest, scientific or historical research, or for statistical purposes in accordance with the rules, the rights referred to in clause 10.1 may impair or seriously impair the performance of the following objectives.
e) To establish, exercise or defend a legal right.
10.4. Additionally, the Controller may also offer, in the application and emails you get, the possibility after keep forgotten and entire your private data in conformity with be erased, besides the constraint regarding pleasurable all the atop said conditions, by getting access to someone hyperlink regarding the erasure about entire non-public data, then between this suit the EULA choice give up including immediate impact between the identical day including the erasure concerning personal data or whole you data desire stay erased.
11. Right to Restrict Processing
11.1. Data Content reserves the right to receive processing restrictions from the controller if any of the following apply:
a) The data subject disputes the accuracy of personal data, allowing the regulator to verify the accuracy of personal data;
b) The processing is illegal and the data intends to delete personal data and instead request a restriction of their use;
c) The regulator no longer requires personal data for processing purposes, but is required by the data subject to establish, enforce or defend legal rights;
d) The Data Subject has objected to the processing on the basis of his or her particular situation, in accordance with the regulation, before examining whether the regulator's legal grounds overlap with the data subject.
11.2. If processing is restricted in accordance with paragraph 11.1, except for collection, such personal data must be processed only with the consent of the data subject or for the establishment, exercise or protection of legal rights or to protect the rights of another natural or legal person or for the purposes of the Union's major public interest of Member State.
11.3. The data content received by the processing restriction under paragraph 11.1 shall be communicated to the regulator before the processing restriction is lifted.
12. Responsible for correction or deletion of personal data or notice of process restriction
The controller shall communicate any amendment or elimination of any personal data or processing restriction made in accordance with Article 9, paragraph 10.1. And paragraph 11 for each recipient, to whom personal data is disclosed, unless it proves impossible or involves unequal effort. The controller will notify the data subject about that recipient if the data subject requests it.
13. Data Portability Right
13.1. The data subject has the right to receive his or her relevant personal data, which they have provided to the controller in a structured, commonly used and machine-readable format and transmit that data to any controller without any interruption. Has the right. Where personal data is provided,
a) The process is based on consent or agreement; and
b) Processing is carried out by automated methods.
13.2. When exercising the right to pursue data portability in accordance with paragraph 13.1, the data subject has the right to transmit personal data directly from one controller to another, where it is technically possible.
13.3. The exercise referred to in Article 13.1 of the present article is without prejudice to Article 17. This right does not apply to the public good or to the processing necessary to exercise the authority to exercise it.
13.4. The rights referred to in Article 13.1 do not have negative impact on the rights and freedoms of others.
14. Right to Object
14.1. At any time, for the purpose of legitimate interests vested in the controller or third party, has authority profiling based on these provisions. The controller no longer processes personal data unless the controller demonstrates a valid basis for processing that ignores the interests, rights and freedoms of the data subject or the establishment, process, or defense of legal claims.
14.2. When personal data is processed for direct marketing purposes, the data subject reserves the right at any time to object to the processing of personal data related to its purpose in relation to such direct marketing
14.3 When data is subject to direct processing for marketing purposes, personal data is processed for such purposes. If the data subject selects the action of personal data for the purpose of direct marketing, activate any Responsive Button in connection with the processing of personal data for the purpose of direct marketing, without any further action. Connected In addition, the latest personal data provided in any way will be processed for the purpose of direct marketing.
14.4. In ultra-modern times, the primary interaction with a statistical challenge is properly mentioned in paragraph 14.1 and 14.2. The focus of the issue of facts is clearly presented and it is presented correctly and separately from each other's facts.
14.5. Regarding its use in record society contributions, and in spite of 2002/Fifty-eight/EC, statistical content can take its rightful objection through the use of technical explanations through a computerized approach.
14.6. Non-public information is processed for scientific or historical research purposes or for statistical purposes in accordance with law, the right to process documents, his or her relative personal data in accordance with his or her particular situation. The process is not important to the overall performance of the venture made for the reasons of people's hobbies.
15. Profiling, with automated character decision making
15.1. The complexity of the facts has the right not to concern choices based entirely on computerized processing, including profiling, which produces penitentiary effects on him/her or subsequently significantly affects him/her.
15.2. Paragraph 15.1 now no longer applies if the choice:
(a) is important for the transition or the overall achievement of an agreement between the statistician's task and the statistician;
(b) is authorized by the regulations of the Union or of the Member State to which the controller belongs, which also provide for appropriate measures to protect the rights and freedoms of the subject of the recordings as well as his actual leisure; or
(c) is based primarily on express consent giving rise to factual concerns.
15.3. As stated in points (a) and (c) of paragraph 15.2, the Data Controller shall take appropriate measures to protect the rights and freedoms and legitimate interests of the data subject in expressing views on the controller, about it, and challenging that decision.
16. Right to Complain to Supervisors
16.1. All data subjects, without prejudice to other administrative or judicial remedies, have the right to report to the supervisory authority, specifically their place of residence, their place of work, or where the data is compromised, report complaints to member countries. The subject believes that the processing of the personal data associated with it violates the rules.
16.2. The supervisor who has lodged the complaint will inform the complainant about the progress of the complainant and its consequences, including the possibility of judicial remedy under Article 17.
17. The Right of Supervisors to Effective Judicial Remedies
17.1. Without prejudice to other administrative or non-judicial treatment, every natural individual or corporation has the right to seek effective judicial redress for the legally binding decisions of the governing authority about them.
17.2. Every data subject has the right to take an effective judicial remedy, without prejudice to any other administrative or non-judicial remedy, when the competent supervisory authority under the regulation does not deal with the complaint or notify the affected person within a period of three months on the progress or outcome of a complaint filed pursuant to Article 16.
17.3. Proceedings against a supervisory authority are brought before the courts of the member state in which the supervisory authority is established.
17.4. When proceedings are initiated against a decision of the supervisory authority that preceded the decision of the committee in an opinion or consistency mechanism, the supervisory authority passes this opinion or decision to the court.
18. Right to an effective judicial remedy against the controller or processor
18.1. Every data subject has the right to an effective judicial remedy, including the right to complain with a supervisory authority in accordance with the regulation, without prejudice to any available administrative or non-judicial remedy when it believes its rights under the regulation. The regulation has been violated due to the processing of his personal data in violation of the regulation.
18.2. Proceedings against a controller or processor are brought before the courts of the member state in which the controller or processor is established. Alternatively, such proceedings may be brought before the member state courts in which the subject matter of the data is their habitual residence, unless the controller or processor has the authority of the member state to exercise their public discretion. Is using
19. Representation of data subjects
19.1. The data subject has the right to commission a non-profit organization, organization or association that is permanently established under the law of a member state, has legal purposes that are in the public interest and rights and They are active in the field of protection of freedom. To exercise the right to file a complaint, to exercise the rights set out in Articles 16, 17 and 18, and to exercise the right of compensation enshrined in the Regulation, in order to protect your personal data, if it is a law, is provided to member countries.