Terms

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WIXBuilders Terms of Service

 

  PLEASE READ THIS DOCUMENT CAREFULLY  

These terms of service (“Terms”) are entered between WIX Builders (“we”, “us” or “our”) AND you (“Customer”, or “your”). By accessing and/or by browsing the WIX Builders website; by clicking a box indicating your acceptance of these Terms; by executing an Order Form (as defined below), you acknowledge that you have read, understood and agree to be bound by these Terms and, to the extent applicable, our Privacy Policy, which can be found below. 

YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF THE LATTER, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE ALL REFERENCES TO “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT USE OUR SERVICES.

You may not access the Services for purposes of benchmarking their availability, performance or functionality against similar providers or for any other competitive purposes. 

1. DEFINITIONS

“Agreement” means the applicable Order Form, Privacy Policy and these Terms, including any additional policies and future modification and all materials referred to in these Terms. 

“Confidential Information” means all non-public, confidential or proprietary information that one party or its representative makes available (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the Agreement. Confidential Information includes, without limitation, the terms of the Agreement (including any Order Form), technical data, programs, code, trade secrets, marketing strategies, software, documentation, business information as well as information related to the past, present and future plans, ideas, business strategies, customers and suppliers of each party and its affiliates, as the case may be. Information already known to the Receiving Party prior to the receipt from the Disclosing Party, or public knowledge is not considered Confidential Information. 

“Customer” means the individual or legal entity user that obtains Services from WIX Builders pursuant to the Agreement. 

“Documentation” means works of authorship that we make generally available to you to use with the Services such as instructions for use of the Services. 

“Free Services” means any product, service or feature which does not form a part of our Services but which we may choose (in our sole discretion and on a case-by-case basis) to make available to you on your request. Free Services are explicitly excluded from Services. 

“Intellectual Property” means the following: all algorithms, application programming interfaces (APIs), concepts, Confidential Information, data, databases and data collections, designs, diagrams, documentation, drawings, flow charts, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including trademark, service mark, trade name of a party, brand names, product names, logos, and slogans), methods, models, architectures, procedures, processes, protocols, software code (in any form including source code and executable or object code), uniform resource identifiers including uniform resource locators (URLs), user interfaces, web sites, specifications, subroutines, techniques, works of authorship, and other forms of technology.

“Intellectual Property Rights” means all present and future rights of the following types, that may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in Intellectual Property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (a) through (e) above.

“Order” or “Order Form” means the online ordering document submitted by you to us which contains your information including: your contact information, purchased products and services, Subscription Period and fees paid or payable. 

“Privacy Policy” means the document which sets out details of our collection and use of your personal information for the provision to you of our Services. The Privacy Policy forms part of the Agreement to which you agree to be bound.

“Services” means the products and services that are available to be ordered by you under an Order Form and specifically excludes any Free Services. 

“Subscription Period” refers to the period for which a Customer has signed up for support or maintenance of a certain Service.

“Your Data” means electronic data and information, including logos, pictures, slogans, art and other materials provided to us in connection with providing the Services or uploaded/added by the you directly into/at the Service and, where applicable, personal data, submitted to us by you or on your behalf.

“User” means any individual or a legal entity accepting these Terms or who is authorized by you to use the Services. Users may include you, your employees, consultants, or contractors.

2. SERVICES AND OUR RESPONSIBILITY

2.1  Provision of Services. Subject to the Agreement (including any applicable Order Form), we will do the following: (a) deliver to you within the agreed time the purchased Services in accordance with details provided in the Order Form including any inbound and outbound support, where applicable (b) use commercially reasonable efforts to ensure that hosting services are available 24 hours a day, 7 days a week except for: (i) scheduled or emergency maintenance; (ii) force majeure events, including an act of God, act of government, flood, fire, earthquake, war, terrorism, service provider failure, or denial of service attacks; or (iii) your acts or omissions.

2.2  Available Services. Detailed information on available Services can be found on our website: https://www.wixbuilders.com/Services. 

2.3  Subscription Period(s). Your initial subscription period (“Initial Subscription Period”) shall be for a term of twelve (12) months. Thereafter, your Subscription Period shall auto-renew for additional twelve (12) month terms (each, a “Renewal Subscription Period”) provided however that you may terminate your subscription at any time upon not less than 30 days written notice to us prior to the expiration of the Initial Subscription Period or any Renewal Subscription Period of your intention to terminate. 

2.4  Modification. From time to time, we may modify any aspect of our Services to improve your user experience. We will not make any material changes to our Services without providing notice to you. 

2.5  Free Services. Upon your request, we may in our sole discretion make Free Services available to you subject to Section 7.3 below. Free Services are made available to you “as is”, at your sole risk and without any warranty whatsoever from us.

3. YOUR USE OF SERVICES

3.1  Acceptable Use. You will comply with these Terms, which set out the terms and conditions of your access to and use of our website and our Services, as well as our Privacy Policy which may be found at this link: https://www.wixbuilders.com/privacy-policy

3.2  Usage Restrictions. You will comply with all applicable laws, rules, regulations and ordinances with respect to the performance of any of the obligations under the Agreement. You will not do the following: (a) modify, copy or create derivative works based on Services or any part thereof, (b) reverse engineer, disassemble, or decompile any of our Services or any part of them to try to determine the source code; (c) use or launch any automated system, including but not limited to, “robots”, “crawlers”, “spiders”, or “offline readers”; (d) use the Services in any manner that damages, disables, overburdens, or impairs the hosting platform or interferes with any other party's access and/or use of our services; (e) attempt to gain unauthorized access to underlying systems supporting the Services; or (f) access the Services other than through our interface. 

3.3  Your Responsibility. You will be responsible for the following: (a) User’s compliance with the Agreement (including all applicable third party end user agreements), Documentation and Order Form(s); (b) for the accuracy, quality and legality of Your Data and your use of Your Data with our Services; and (c) using commercially reasonable efforts to prevent unauthorized access to and use of Services and notifying us promptly of any unauthorized access. Any user ID and password you may have for the Services are confidential and you must maintain its confidentiality as well in accordance with Section 7.1 hereof.

3.4  You are specifically restricted from all of the following: (a) accessing and/or using our website or any of our Services in any way that is or may be damaging to our website or our ability to provide the Services; (b) using our website in any way that impacts user access to our website or Services; (c) using our website or Services contrary to the Agreement or any applicable laws and regulations, or in any way which may cause harm to our website, or to any person or business entity; (d) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services; 

3.5  Your Content

You hereby grant us the following:​​

3.5.1  A worldwide, royalty-free and sub-licensable license to use in connection with producing and delivering the Services, Your Data and any images or recordings of your facilities, properties or products or your employees, agents or clients as shall be created by us in the course of creating or delivering the Services and to list, represent, register or establish accounts or keywords on your behalf with third party media or other parties or services. 

3.5.2  Consent to use Your Data to contact you, your employees agents or representatives via telephone, email or SMS in relation to delivery of the Services to you. Where Your Data contains any information or personal data belonging to any third party, including your employees, agents or representatives, you warrant and represent that you have obtained all requisite consents to provide us with this information.

3.5.3  A representation and warranty  that (i) you have full rights to use, broadcast and distribute Your Data and documentary substantiation for all the claims made therein, (ii) Your Data is truthful and not misrepresentative or misleading and does not plagiarize, libel, defame or harm any party, (iii) Your use of the Services will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party, and (iv) you will not use the Services except as permitted by the Agreement, including these Terms.  

3.5.4  An indemnity whereby you agree to indemnify and hold harmless WIX Builders and its affiliates and their respective officers, agents, partners, directors, shareholders, suppliers and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to: (i) Your Data or any modification, display and use by you of a Service (ii) claims that your products or services are defective, injurious or harmful or violate the rights of any third parties and (iii) claims predicated on a breach by you of the terms and conditions of your license to use the Services (or any part thereof) including any third party services.

 

3.6  Third Party Sites and Products. We or third parties may make available certain products and services to you as part of the Services. We may make available information about you and your use of the Services to these third-party providers in order to provide you with an enhanced user experience and/or any other customization of the Services requested by you. Third party products and services are not under our control. We do not endorse, warrant or guarantee the continued availability of any third-party products or services.  You agree and accept any end user agreement required for the acquisition of third-party products or services, and any exchange of data by you with an applicable third party is solely between you and the applicable third party as governed by any applicable third party end user agreement. 

4. FEES AND PAYMENT

4.1  Fees​​

(a)  Fees for Services. You agree to promptly pay on demand all amounts due and payable for each Service, as specified in the applicable Order Form. 

(b) Upfront Fee. This one-time setup fee (“Upfront Fee”) shall be payable immediately upon submission to us of the fully completed Order Form. The Upfront Fee is non-refundable. 

(c)  Subscription Fees.  Unless otherwise provided in the applicable Order Form, (i) the subscription fee is payable monthly in advance and will remain fixed during the term of the applicable Subscription Period; and (ii) the subscription fee is non-cancellable during the term of the Subscription Period and is non-refundable. 

4.2  Invoicing and Payment. All amounts invoiced are due and payable immediately, unless otherwise provided in the Order Form. You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information.

4.3  Payment Method. You will pay all fees via credit card, Stripe or by such other payment type specified in the applicable Order Form. If you are making payments via credit card, you authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. 

4.4  Overdue Charges; Late or Non-Payment. If you do not pay the invoice by the due date, then without limiting our rights or remedies under the Agreement (a) those overdue charges may accrue interest at a rate of 2% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, (b) we may suspend or terminate the current Subscription Period and the provisioning of all aspects of the Services, and/or (c) we may alter your payment terms on future purchases. 

4.5  Payment Dispute. You will notify us immediately if there is any issue with your invoice. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. 

4.6  Fee Increase. Our Fees for Services may be increased at any time upon thirty (30) days prior notice (via email) to you. 

4.7  Taxes. You are responsible for paying all taxes, levies or similar governmental assessment including, for example, sales, value-added or withholding taxes, associated with your purchases hereunder. Our fees do not include taxes, which we will charge as applicable and you will pay that amount. 

5. TERM AND TERMINATION

5.1  Term and Renewal. The Agreement commences on the date you first submit to us the applicable Order Form and will automatically renew for additional one (1) year terms, unless you give us notice of non-renewal at least 30 days before the end of the relevant Subscription Period. If you have purchased further Services during an on-going Subscription Period, the fees for these Services will be on a monthly basis (or annually as the case may be), unless otherwise indicated in your Order Form.

5.2  No Early Termination; No Refunds. The Subscription Period will end on the expiration date and the subscription cannot be cancelled early. All fees are non-refundable. If you terminate the Agreement or any Services during the Subscription Period, you will continue to be liable for and you agree to pay any outstanding fees due and payable for the remainder of the Subscription Period. 

5.3  Termination/Suspension. We may suspend and/or terminate any User’s access to any or all Services without notice for any violation to the Agreement, delinquency in our system or in the use of our Services, or for non-payment of any amount due within 10 days after its due date. 

5.4  Effects of Termination. Upon expiration or termination of the Agreement for any reason: (a) your right to use or access the Services shall cease and we shall have no further obligation to make the Services available to you; (b) all rights and licences granted to you shall cease; and (c) any amounts owed to us under the Agreement shall be immediately due and payable. 

5.5  Return of Property. Upon expiry or termination of the Agreement, you may request within 30 days to export or download Your Data. After this 30-day period, we hold no obligation to maintain or provide any of Your Data and will delete or destroy all Your Data in our systems or otherwise in our possession, unless legally prohibited by applicable laws from doing so.

6. PROPRIETARY RIGHTS AND LICENSES

6.1  Proprietary Rights. Save as provided in section 6.3 below, all our Services are protected by intellectual property laws, and all Intellectual Property Rights therein belong to and remain our property or, where applicable, that of our licensors and any third-party providers, and we retain all ownership rights to them. 

6.2  Limitations. Your rights to the Services shall be granted subject to the following limitations:  To the extent any Service contains copy, stock images, templates or any other pre-existing content or material provided from our library (“Our Data”), then you shall receive only a non-exclusive, non-transferable, worldwide, sub-licensable license to use Our Data for the term of the Agreement.  Ownership of Our Data shall remain at all times with us. You agree not to copy, rent, lease, sell, distribute, create derivative works of or use Our Data in any manner contrary to the Agreement. You have the right to access and use the Services subject to the terms of the Agreement. 

6.3  Your Rights; Your Data. You own and retain all rights to Your Data. You grant to us and any applicable third parties a limited right to use Your Data solely to the extent necessary to provide the Services to you pursuant to the Agreement. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Other than the licenses granted for use of Your Data during the term of the Agreement, we acquire no other right, title or interest from you or your licensors under the Agreement. 

6.4  Right to Use Feedback. You grant us an irrevocable right and license to use and incorporate into our Services any comments, suggestion, enhancement, recommendation, testimonials, correction or other feedback provided by you or Users, without any payment or attribution.  To the extent that we develop any updates, new versions or new releases of any of the Services, these will be owned exclusively by WIX Builders.

6.5  Publicity and Promotions. You grant to WIX Builders an irrevocable, non-transferable, non-exclusive, non-sublicensable, royalty-free license to use and display, portions of the Services provided to you, which may from time to time include your trade name(s), trademark(s), service mark(s), and logos (collectively, “Marks”) in promotional materials for WIX Builder’s business and services.

 

7. LEGAL TERMS

7.1  CONFIDENTIALITY. During the term of this Agreement and following its expiration, all Confidential Information related to or obtained from either party shall be held in confidence by the Receiving Party to the same extent and in at least the same manner as its own confidential information. The Receiving Party will not use Confidential Information for any purpose outside the scope of the Agreement. The Receiving Party will limit access to Confidential Information to its employees, contractors, advisors and agents, who need access for purposes consistent with this Agreement. The Receiving Party will not disclose Confidential Information to any third party without a prior written consent of the Disclosing Party. Upon notice to the Disclosing Party, the Receiving Party may disclose Confidential Information to the extent compelled by law, to do so. 

7.2  INDEMNIFICATION. You will defend, indemnify and hold us harmless against any third party claim for losses or damages, demands, liabilities, obligations, penalties, fines  (each, an “Action”) brought by a third party under any theory of legal liability arising out of or related to any of the following: (a) your non-compliance with or breach of the Agreement, (b) actual or alleged use of the Services in violation of the Agreement or law, by you or by any person related to you under the Agreement regardless of whether such person has been authorized to use the Services, (c) your use of any third party services, or (d) any dispute between persons who claim to have authority to act for you in connection with the control of your account with us. We will notify you so you have the right to immediately take control of the defense and investigation of any Action and promptly provide you, at your expense, with any and all information and assistance reasonably requested by you to handle the matter. You shall not settle any Action on behalf of us or impose any obligations on us without our prior written consent.​

7.3 DISCLAIMER; LIMITATION OF LIABILITY. 

(a)  DISCLAIMER. We and our affiliates and agents make no representations or warranties regarding the integrity, accuracy, completeness, success, profitability, reliability, availability or expected opportunities associated with our Services or data made available from the Services. Application Programming Interfaces (“APIs”) may not be available at all times. We provide Services, as well as any applicable Free Services, “AS IS” and “AS AVAILABLE”, without warranty of any kind, and disclaim all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability and non-infringement. This disclaimer of warranty constitutes an essential part of the Agreement. 

(b)  NO INDIRECT DAMAGES. The parties agree that the allocations of risk made in this Agreement are reasonable. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, special or consequential damages, business information, good will, loss of profits or revenue, or other pecuniary loss, arising under or in connection with the Agreement. 

(c)  LIMITATION OF LIABILITY. In no event shall our aggregate liability under the Agreement exceed, the lesser of: £1,000 or the total amount paid by you for the Subscription Period immediately preceding the event that gave rise to the liability. The foregoing limitation will apply regardless of whether such liability is based on breach of contract or tort (including negligence), strict liability, breach of a fundamental term or otherwise, but will not limit your liability or obligations under the Agreement regarding payment of fees, indemnification or for violation of our intellectual property rights. IF YOU ARE USING FREE SERVICES, THIS LIMITATION SHALL NOT APPLY TO YOU, AND IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED GBP.

(d)  FREE SERVICES. To the extent that you benefit from the use of our Free Services, we shall not have any liability to you whatsoever with regard to the selection, implementation or use of such Free Services. 

(e)  THIRD PARTY PRODUCTS AND SERVICES. We disclaim all liability with respect to third party products that you use pursuant to the Agreement in relation to the Services. In no event shall WIX Builders be responsible for any breaches in security or loss of data caused as a result of the incorporation and/or use in any Services of third party services including any Free Services. 

7.4  NO-EXCLUSIVITY AND INDEPENDENT CONTRACTOR. The Agreement does not create any agency, partnership, joint venture, employment or franchisor or franchisee relationship.  Furthermore, no labor relationship between WIX Builders and you or your employees is created hereby. Neither party has the right or authority to, and will not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

8. MISCELLANEOUS

8.1  Amendment; Entire Agreement; Precedence. The Agreement, including all appendices and Order Form(s), along with our Privacy Policy and these Terms, is the final, complete and exclusive agreement between us and you with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and understandings. To the extent of any conflict or inconsistency in the documents constituting the Agreement, these Terms shall control. We may update and change these Terms at any time and such change will be posted here at: http://www.wixbuilders.com/terms-of-service. For any material change to the Agreement, we will send prior notice via email or SMS notification. The updated Agreement will have an indication of its effective and binding date, for example, Terms of Service will have “Last Modified” or “Effective As of” or such similar language. We encourage you to check the Agreement on a regular basis. Please notify us in writing if you do not agree with any changes within thirty (30) days. 

8.2  No Waiver. Delay in exercising any right or remedy will not be a waiver of such right or remedy. No course of dealings between you and us shall be construed as a waiver of any subsequent breach or modification hereof. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

8.3  Severability. If, in any jurisdiction, any part of the Agreement is unenforceable, such provision is ineffective without invalidating the remaining provisions of the Agreement and such unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of original provision.

8.4  Interpretation. Where the word “including” or “includes” is used in the Agreement, it means “including (or includes) without limitation”. 

8.5  Assignment. Your rights and obligations under the Agreement may not be assigned, delegated, or otherwise transferred by you, in whole or in part, by operation of law or otherwise.  Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. 

8.6  Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of the Agreement.

8.7  Governing Law; Venue. This Agreement shall be governed by, and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. You irrevocably consent to the jurisdiction of the appropriate courts located in the Netherlands for the resolution of any disputes arising out of the Agreement.

WIXBuilders Privacy Policy

Table of contents:

  • Who is responsible for processing my personal data?

  • When does this Privacy Policy apply?

  • What does this Privacy Policy cover?

  • What is personal data?

  • Why do we collect it and how do we get this data?

  • What information do we process about you, what do we use it for and how long will it be kept for?

  • With whom is your data shared?

  • Where do we store your data?

  • How is your data protected?

  • What rights can you exercise with regard to your data?

  • Questions?

 

  Last updated 23rd January 2020  

 

Who is responsible for processing my personal data?

[Company Name], located at [Company Address], is responsible for the processing of data as described in this privacy policy.

The following information sets out our policy (“Privacy Policy”) regarding the collection, use and disclosure of personal data we receive from customers and/or users of our website [Website Address]. 

 

When does this Privacy Policy apply?

This Privacy Policy applies to all personal data that [Company Name] processes from anyone who has ever had contact with [Company Name], such as our visitors, customers and business contacts, in all domains related to [Company Name].

 

What does this Privacy Policy cover?

[Company Name] takes privacy very seriously and we are committed to protecting the privacy and security of your personal data (as defined below). This policy outlines our ongoing obligations to you in respect of how we manage your personal data which is in accordance with the requirements of applicable data protection and privacy laws including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR” and together with other applicable data protection laws, collectively “Data Protection Legislation”). 
 

What is personal data?

Personal data is any information that is capable of being used to identify an individual. Categories of personal data we may collect, store and use include:

  • Personal and business contact details such as names, addresses, email addresses, telephone numbers and IP addresses.

  • Voice recordings, photos and video recordings, where appropriate and submitted by anyone who has (had) direct or indirect contact with [Company Name] for use in connection with our services.

  • Company registration number and other relevant business information.

  • Order history or surfing behaviour, personal data such as demographics and personal interests

Why do we collect it and how do we get this data?

Personal data may be obtained by us in several ways including via telephone consultations for order fulfilment, email correspondence, cookies collected via our website or from third parties. We collect personal data for the primary purpose of providing our services to you or for marketing purposes to contact you with newsletters or promotional materials.

We do not provide your personal data to third parties except to third party providers with your knowledge and consent or as required by law. 

You may withdraw your consent at any time by contacting us using our contact details below.

We will use your personal data in the following circumstances:

  • To administer and manage our relationship with you, including to set up and maintain your accounts with us and with third parties service providers selected by you;

  • To process orders from you for our products and services;

  • To deal with any (written or verbal) enquiries that we may receive from you;

  • To comply with any applicable laws and regulations.

  • Where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests.

 

What information do we process about you, what do we use it for and how long will it be kept for?

 
1.Data for processing your order

If you order something, we need certain information from you to be able to deliver your order and to keep you informed about your order.

For this, we collect your name, e-mail address, delivery address (es), payment details and your telephone number.

The data is needed to execute the agreement that you have concluded with us (or with one of our sales partners). We are required by law to store the data related to your order for [number of years required by law] years.
 

2. Information in your account

In your personal account, we store the following information: your name, (delivery and home/business) address (es), telephone number, email address, payment details, gift vouchers and gift cards.

It is our customer promise to make our customers' lives easier and more enjoyable. That is why we keep the data in your account as long as you are an active customer with us. If you have not logged in with us for [number of years required by law], we will delete all your details. In addition, you can request to have your data deleted in your account at any time.

3. Information about your contact with customer service

You can contact customer service if you have any queries or complaints about our Privacy Policy, at: 

email: [Email Address]

We use the data stored in your account to contact you in response to your question or complaint to us.

 

4. Data for optimal shopping and/or surfing experience

We ensure that our website or app works well so that you can have optimal surfing and/or shopping experience. To do this, we collect your IP address, information about your internet browser, language settings, and information about the settings of the operating system of the computer or the mobile device with which you visit us when you visit [Company Address],  and other statistics.  

In addition, we may use third party services such as Google Analytics (discussed further below) that collect, monitor and analyze this data. 

5. Data from Third Parties

In some circumstances, we may be provided with information by third parties. In such a case, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

6. Social media
  • Facebook

Our website uses a plugin for the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). 

If you click on a page of our website that contains this plugin, your browser establishes a direct connection with Facebook’s servers. We cannot influence the scope of data that Facebook collects with the help of this plugin, and the information we provide here is limited to our current understanding. 

The plugin informs Facebook that you accessed that page of our website. If you are logged into Facebook, Facebook can assign the visit to your Facebook account. If you interact with the plugin, e.g. by clicking on the "Like" button or entering a comment, the corresponding information is transmitted from your browser directly to Facebook, where it will be saved. If you are not a member of Facebook, it is still possible for Facebook to identify and save your IP address.

For information on the purpose and scope of the data collection and the further processing and use of the data by Facebook, your rights in this regard and the settings that you can adjust to protect your privacy, please consult Facebook's data protection information: http://www.facebook.com/policy.php

If you are a member of Facebook and want to prevent Facebook from collecting data on you via our website and linking this data to your member data stored with Facebook, you must log out of Facebook before you visit our website.​

  • Twitter

Our website also includes the Twitter plugin, which appears as Twitter’s logo. If you click on a page of our website that contains this plugin, your browser establishes a direct, brief connection with the plugin's servers and transmits your IP address. It is not possible to identify you solely on the basis of this IP address. Under certain circumstances, the platform provider can save a cookie on your computer in the process. You may decide whether you want to allow these cookies or not by adjusting the settings in your internet browser.

For further details regarding the purpose and scope of the data collection and the further processing and use of the data by Twitter, your rights in this regard and the settings that you can adjust to protect your privacy, please consult Twitter’s data protection information:  https://twitter.com/en/privacy.

7. Cookies

Like many sites, we use “cookies” to collect information. Cookies are text files with small amounts of data, which may include an anonymous unique identifier and are meant to improve the site’s functionality and the user’s experiences with it.

Cookies are sent to your browser from a web site and are stored on your computer's hard drive. 

Click here if you are looking for a full list of cookies that we use on this site.

There are various types of cookies, including (Strictly) Necessary Cookies, Performance Cookies, Functionality Cookies, Targeting or Advertising Cookies

 

1. (Strictly) Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

 

2. Analytics Cookies

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

 

3. Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

 

4. Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

8. Sensitive Information

Sensitive information includes information or opinions about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

We do not in the ordinary course collect any sensitive information as this is not usually required for the provision of our services to you.

With whom is your data shared?

Your personal data may be disclosed in a number of circumstances including the following:

  • Third parties where you consent to the use or disclosure for fulfilment of our services to you; and

  • where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so, or where required or authorised by law.

 

Recipients of your data may include third-party service providers selected by you for inclusion in a product or service that you request from us or a regulator or to otherwise comply with the law.  Where we do so, we will require third parties to respect the security of your data and to treat it in accordance with the law.

Where you select third-party providers as part of the product or services you request from us, please note that you will be bound by their end-user terms including their use of sub-processors, whether located within or outside of the EU. It is your choice whether you wish to use such third-party services and consent to the processing of your information by sub-processors located outside of the EU.

Where do we store your data?

We store your data within the European Economic Area ("EEA"). However, it is possible that certain data that we collect is transferred to or stored at a destination outside the EEA, for example, because one of our external service providers is located there. If this is the case, we ensure that this is done in a safe and lawful manner.

The EEA comprises all of the European Union countries and Iceland, Liechtenstein and Norway. Personal data can be transferred, processed and stored within these countries safely and securely as they offer an adequate level of protection to personal data.

There are a number of additional countries that can also offer an adequate level of protection, these are Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US.

Countries that [Company Name] shares information with, which are outside of the above listed countries, are: [Country Names]. If your information is sent to any of these [number of countries] countries, we make sure it’ll be subject to standards of protection and security that are high.

We take your data very seriously, therefore we’ll always conduct a full review of all of our suppliers’ processes and procedures including storage solutions for our data. In order to ensure adequacy when sending your data outside of the EEA, we put in place contracts based on the Standard EU Model Contract Clauses which are designed by the European Commission to guarantee adequacy for any data transfer and processing of this nature.

How is your data protected?

The security of your Personal Information is important to us. We strive to safeguard your Personal Information by using current encrypted connections as a general rule to protect any Personal Information exchanged between you and us via our website. 

We also take technical and organizational precautions to protect your Personal Information from accidental or wilful manipulation, loss, destruction or from access by unauthorized individuals. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.

Where we use sub-processors, whether within or outside the EU, we ensure that we have appropriate agreements in place, that they offer adequate protection and implement security measures in accordance with the requirements of applicable Data Protection Legislation.

We continuously review and, where recommended, improve our data processing and security measures on an ongoing basis in line with technological advancements.  However, you should note that since no method of transmission over the Internet, or method of electronic storage, is 100% secure, we cannot guarantee its absolute security. 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach in accordance with our legal requirement to do so.

What rights can you exercise with regard to your data?

Right to information

You have the right to an understandable and transparent explanation of how we handle your personal data and what rights you can exercise in that regard. We have therefore extensively explained in this privacy policy which data we collect from you and how we handle your data.

 

Right to view

You have the right to request access to us at any time from the information we have about you at email: [Email Address]. We process requests within 30 days at the latest.

 

Right to correction

You have the right to have your personal data corrected if they are incorrect or outdated and/or to have them supplemented if they are incomplete. You can do this by contacting us at email: [Email Address] or from your account, where appropriate.

 

Right to object

You have the right to object to the processing of your data if you do not agree with the way in which we process your personal data. This right applies to the data that we use for direct marketing. In addition, this right also applies to other data that we use about you based on our legitimate interest. For example, you can choose to delete and continue to delete the data about your surfing and search behaviour. 

 

Right to data portability

You have the right to receive data that you have given to us in the context of the agreement (s) that you have entered into with us in a machine-readable format so that you can store this data in a database of yours or of the other party. This concerns your name, address and place of residence information and order history. You can do this by contacting us at email: [Email Address] or from your account, where appropriate.

 

Right to restriction

You have the right to request a limitation of the processing of your data. This means that we may save your data but not use it. This right arises in a number of cases. If you believe that this is the case, you can contact us via customer service.

 

Right to be forgotten/request to delete account

You have the right to request us to remove all the data that we have from you. When you submit a request to delete your account, we will delete data that is traceable to you except the data that we must or may retain based on the law. We offer you the option to submit a request by contacting us at email: [Email Address]

 

Right to make a complaint

You have the right to submit a complaint about the way in which we handle your data. If you have a complaint, please contact us at email: [Email Address]. But you also have the right to submit a complaint to our Data Protection Officer (DPO). You can do this by emailing [dpo email address]. 
 

Questions?

If you have any questions about the way [Company Name] handles personal data, please feel free to contact us by email at: [Email Address]. We are happy to help you.