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1.1. The following Terms and Conditions (hereinafter: “Terms”) apply to all certifications and trainings/courses that Privasee AB, including any of its branch offices, subsidiaries and privately-owned companies (hereinafter “Privasee GDPR tools”) provide to its customers. These trainings and courses (hereinafter “Privasee course”) include but are not limited to the Privasee SEAL, DOVE, EAGLE and the Certified Privacy Practitioner (CPP/EU) courses.
1.2. By accessing and using Privasee, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
2.1. Privasee reserves the right to change the content of Privasee GDPR tools at any time.
2.2. Customers who fail to complete the course in the time available will not be eligible for a refund.
2.3. All rights not expressly granted herein are reserved.
2.4. These Terms and Conditions shall be governed by and construed in accordance with Swedish law.
2.5. If you do not agree with these Terms, you must cease to use the Privasee GDPR tools and notify Privasee of your intent not to continue.
2.6. “Customer” is a term used for both businesses and individuals purchasing Privasee GDPR tools from Privasee.
3. OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS
3.1. All learning materials, whether in classroom or on the Privasee Learn courses’ platforms, are owned by Privasee. All intellectual property rights in all materials available through Privasee, including the design, text, audio and graphics, are owned by Privasee. When you are given access to Privasee tools, you are granted a non-exclusive, non-transferable, revocable license to use the Privasee tools materials. No Privasee tools may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Privasee’s prior permission. Any such use is strictly prohibited and will constitute infringement of Privasee’s intellectual property rights.
4. DATA PROCESSING
4.1. Privasee minimizes the amount of personal data necessary for the delivery of its courses and trainings.
4.2. For eLearning courses, the Customer is required to submit email addresses of all the customers attending the course. This is done for the purpose of providing access to the course.
4.3. For classroom courses and trainings, the Customer is required to submit details such as name, email address, company.
5. PRICES, PAYMENT TERMS AND INVOICING
5.1. Privasee tools prices are quoted in SEK and EUR only, excluding VAT. VAT is charged according to applicable law except for cases of VAT exemption. Any subsequent costs for providing the services of Privasee Learn courses may be charged upon agreement.
5.2. Travel expenses and similar costs shall be paid in accordance with agreement between parties.
5.3. In the event of delayed payments interest shall automatically accrue from the
due date to full settlement according to Swedish law (§6,1975:635) at the current Swedish reference rate plus 8% (eight percent).
6. CANCELLATIONS POLICY
6.1. All cancellations must be received in writing.
6.2. If the Customer cancels a Privasee tools offered by Privasee one (1) month prior to the scheduled training or course, the cancellation will be free of charge to the Customer.
6.3. Should the Customer cancel a Privasee tools twenty (20) days prior to the course, 50% (fifty percent) of the cost of the course will be charged to the Customer.
6.4. Should the Customer cancel a Privasee tools fifteen (15) or less days prior to the course, 100% (one hundred percent) of the cost of the course will be charged to the Customer.
7. ACCESS TO THE PRIVASEE TOOLs
7.1. Privasee strives to provide the GDPR tools content to its Customers on a continuous basis. To that end, Privasee will take commercially reasonable efforts to provide uninterrupted access of the course to the Customers. However, from time to time, Customers may be unable to access the courses due to conditions beyond Privasee’s control. Such conditions include, but are not limited to: force majeure, power outages, system infringements, errors, regular maintenance and other related reasons. In light of any hindrance to the access to the courses, Privasee will take all commercially reasonable steps to ensure that access is restored within a reasonable time period.
7.2. Customers are solely responsible for ensuring that they have adequate and compatible hardware, software, equipment and connection necessary for the access to the eLearning courses.
8.1. Privasee reserves the right, in its sole discretion, to change, modify or discontinue any aspect or feature of the Privasee tools in whole or in part, including but not limited to content, availability, access and/or the Terms and Conditions. Such changes, alterations, additions or erasure will be effective immediately upon notice thereof, which may be made to the customer directly or in the platforms or via a regular communication channel with the customer.
9. LIMITATIONS OF LIABILITY
9.1. Customer acknowledges and agrees to Privasee’s processing of Customer’s personal data for the performance of the agreed service. Customer is responsible for the personal data as a data controller, whereas Privasee acts as a data processor. Privasee assumes only the liability of a processor, prescribed to it by applicable law.
9.2. Privasee’s services do not imply any obligations of result nor warranty of suitability for a particular purpose.
9.3. Privasee will not be liable for any special, indirect, incidental, punitive, or consequential damages, force majeure events, even if such damages were foreseen or foreseeable and even if Privasee has been advised or should have known the possibility of such damage.
9.4.In the event of delayed performance on the part of Privasee exceeding 30 days, the agreed price is limited to 5% (five percent) of the agreed price for the delayed service, provided that any such delays were dependent on Privasee. The Customer will be entitled to an early termination in such a case.
10. TERM AND TERMINATION
10.1. Privasee reserves the right to terminate any contract with immediate effect if (i) the Customer is in breach of any of the material terms or conditions and fail to remediate such breaches within thirty (30) days after receipt of notice in writing from Privasee, (ii) the Customer declares bankruptcy or enters into liquidation, or is otherwise found insolvent, (iii) if the Customer supplies Privasee with incorrect or misleading information or (iv) the Customer engages into activities that are illegal or fraudulent.
10.2. Termination under this section shall not affect the Customer’s obligation to pay for services provided by Privasee until the date of termination.
11. APPLICABLE LAW AND ARBITRATION
11.1. All Privasee Learn services and products provided by Privasee are governed by Swedish law.
11.2. Any dispute, or claim arising out of or in connection with these Terms or the Privasee Learn services, shall be settled by arbitration in accordance with the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm. The language used in the arbitral proceedings shall be English.