Privasee

Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND PRIVASEE AB (hereinafter “Privasee”) GOVERNING YOUR USE OF PRIVASEE'S GDPR COMPLIANCE PORTAL AND GDPR HANDBOOK.

Updated: 9th April 2020

Effective: 7th April 2020

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.


Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.


Description of Service

We provide online GDPR (General Data Protection Regulation) compliance services, (1) GDPR certification portal, (2) GDPR handbook/helpdesk/support and downloadable templates  ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.


Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Privasee notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.


User Sign up Obligations

For most Services you need to sign up for a user account by providing all required information in order to access or use them. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Privasee has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Privasee may terminate your user account and refuse current or future use of any or all of the Services.


Organization Accounts and Administrators

When you sign up for the GDPR certification portal for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Privasee is not responsible for account administration and internal management of the Services for you.


You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to Privasees helpdesk provided that the process is acceptable to Privasee. In the absence of any specified administrator account recovery process, Privasee may provide control of an administrator account to an individual providing proof satisfactory to Privasee demonstrating authorization to act on behalf of the organization. You agree not to hold Privasee liable for the consequences of any action taken by Privasee in good faith in this regard.


Personal Information and Privacy

Personal information you provide to Privasee through the Service is governed by Privasee Privacy Notice. Your action to use the Service indicates your acceptance of the terms of the Privasee's Privacy Notice. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account to Privasee's helpdesk. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.


Communications from Privasee

Announcements which impact the Services are published under Announcements on the helpdesk site. It is your responsibility to look here before contacting Privasee with operational issues related to the Service. For non-critical communications , i.e. direct marketing you clearly have the choice to opt-out. 


Fees and Payments

The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must cancel at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Privasee to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy.


From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.


Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.


Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. 


Templates

Privasee provides templates for the purpose of demonstrating the possibility of using the Services effectively. The information contained in any such templates consists of random data. Privasee makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the the templates.


Trademark

Privasee, Privasee logo, the names of individual Services and their logos are trademarks of Privasee AB. You agree not to display or use, in any manner, the Privasee trademarks, without Privasee's prior permission.


Disclaimer of Warranties

you expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is-and-as-available basis. Privasee expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Privasee makes no warranty that the services will be uniterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the Services shall be at your own descretion and risk and you will be solely responsible for any damage to your computer system, mobile device, or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Privasee, it's employees or representatives shall create any warranty not expressly stated in the terms.


Limitation of Liability

You agree that Privasee shall, in no event, be liable for any consequential, incidental, special, punitive, or other loss or damage whatsoever or for loss of business profits, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service, even if Privasee has been advised of the possibilty of such damage, in no event shall Privase's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such Service.


Indemnification

You agree to indemnify and hold harmless Privasee, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Privasee


Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Swedish Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Sweden and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Privasee may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.


Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to Privasee legal within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.


In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. You have the right to terminate your user account if Privasee breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.


END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us at legal.


Privasee AB

Org no: 559018-3553

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