TERMS & CONDITIONS
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Please read carefully this Terms and Conditions". These Terms and Conditions govern your use of the MY DATA MANAGER – Privacy Management Solutions located at https://app.mydatamanager.eu (the "Website"), and hosted services enabled or available through the Website MY DATA MANAGER (the "Services") that are offered by CODEFFECT Lda an (the "Company" or "we").
BY CHECKING ON THE BOX AND CLICKING ON "START MY 10-DAYS FREE TRIAL" BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE AND IN PATRICULAR WITHTHE DISCLAIMER BELOW, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE,
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE
YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, the Company will make a new copy of the Terms of Use available at the Website. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.
Any changes to the Terms will be effective immediately for new users of the Service, and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
PLEASE CHECK REGULARLY THE WEBSITE TO VIEW THE MOST CURRENT VERSION OF THE TERMS.
1. INTRODUCTION
MY DATA MANAGER – Privacy Management Solutions is a “Software as a Service” that simplifies the complexity of the GDPR for Startups, SMBs organizations, and Independent Privacy Professionals (as DPOs, Lawyers, Legal Consultants, IT Consultants, etc).
IMPORTANT DISCLAIMER REGARDING COMPLIANCE ASSESSMENT (ALL Versions):
Compliance Assessment is the first step to start the GDPR journey by assisting SMEs and Startups in assessing the level of readiness of their organization to the GDPR and shall in no event be considered as certifying the compliance of their organization to the GDPR. All recommendations, scoring and actions described as result of the self-assessment questionnaire are for general information only and shall not constitute a legal advice or guarantee of compliance. SMEs and Startups are encouraged to share to qualified third party of their choice, their assessment results and global recommendations in order to discuss about those results and define their compliance journey.
1.1 THE FEATURES
The main features that are available to today under a service offering are Organogram, Users Manager, Data Inventory Tool, Compliance Assessment, Data Mapping, Privacy Impact Assessment Tool (PIA), Checklists, Logs and Knowledge base.
1.2 THE SUBSCRIPTION
The service is proposed for a subscription period at different subscription fees depending on your number of users in your organization or if you are an Independent Privacy Professionals (as DPOs, Lawyers, Legal Consultants, IT Consultants, etc).
For purposes of the Terms, the "Subscription period" is based on the month or year period, and the "Subscription fee" is the amount you will pay for the subscription period (annual or monthly).
1.3 THE TRIAL PERIOD
At the time you create an account, you will be granted for a 10(ten)-days trial period with no charge or obligation for the service. The free trial period of your is intended to allow you to try the service.
The Company at its sole discretion determines free trial eligibility and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent MY DATA MANAGER Trial to determine eligibility. For combinations with other offers, restrictions may apply.
We will charge your Payment Method for your monthly fee at the end of the free trial period unless you cancel your service prior to the end of the free trial period. To view the pricing, visit our website and click the "Picing" link on the “main” page.
If you have not subscribed when the trial period ends, the free access to the services will be locked but you will be granted of 5 additional days to pay the subscription fee and continue using the service.
2. USE OF THE SERVICES
2.1 APPLICATION LICENSE
Subject to your compliance with the Terms, the Company grants you a limited non- exclusive, non-transferable, non sub-licensable, revocable license for your internal business purposes only.
2.2 UPDATES
You understand that the Services are evolving. As a result, the Company may require you to accept updates to the Services. You acknowledge and agree that the Company may update the Services with or without notifying you.
2.3 CERTAIN RESTRICTIONS
The rights granted to you in the Terms are subject to the following restrictions, you shall not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services, (b) frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of the Company; (c) use any metatags or other “hidden text” using Company’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access the Services in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means; and (g)remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
Any future release, update or other addition to the Services shall be subject to the Terms. The Company, its suppliers and service provider’s reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by the Company pursuant to the Terms.
2.4 UNAUTHORIZED USE
You agree that you will not, under any circumstances: (a) interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of the Services; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Services; or (ii) the enjoyment of the Services by any other person; (d) attempt to gain unauthorized access to the Services, accounts registered to others, or to the computers, servers or networks connected to the Services by any means other than the User (as defined in Section 2.1) interface provided by Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services ; (e) access, tamper with or use non-public areas of the Services , the Company’s computer systems, or the technical delivery systems of the Company’s providers; (f) attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures; (g) disrupt or interfere with the security of, or otherwise cause harm to, the Services , systems, resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites; or (h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party to protect the Services.
3. REGISTRATION
3.1 REGISTERING YOUR ACCOUNT FOR TRIAL PERIOD
At the time you create an account, you will be granted for a trial period of 10(ten) days with no charge or obligation for the Licence.
3.2 REGISTERING YOUR ACCOUNT AFTER THE TRIAL PERIOD
In order to maintain the access to the service, you are required to complete your registration any time before the Trial period terminates and pay for the subscription period of the service.
3.3 REGISTRATION DATA
In registering for use of the Services you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least eighteen the legal age to form a binding contract and not a person barred from using the Services under the laws of the Portuguese Republic, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
3.4 NECESSARY EQUIPMENT AND SOFTWARE
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.
4. SUPPORT
By registering to the Services, you will have access to the online support at your disposal for help and guidance on the services usage via email or chat.
5. OWNERSHIP
5.1 MY DATA MANAGER – Privacy Management Solution
You agree that the Company and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
6. SUBSCRIPTION FEES AND TAXES
6.1 SUBSCRIPTION FEES
After the 10(ten) days trial period, the use of the service is subject to a subscription fee whereby the Customer agrees to pay in return for the use of the service for the Subscription period (1 month or 12 months). Your account will not be activated before the Company accepts your payment by a confirmatory e-mail or other appropriate means of communication.
6.2 SERVICE SUBSCRIPTION PAYMENT
All Fees shall be paid in advance of each Subscription Period by credit card and may be subject to VAT where applicable. The Customer shall be responsible for all other sales, use, value-added withholding or similar taxes or levies, whether domestic or foreign. Customer shall pay all Fees for each Subscription. Except as otherwise specified in this Agreement or in an Order Form: (a) fees are based on service purchased, not actual usage, (b) payment obligations are non-cancellable and (c) Fees paid are non-refundable.
You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.
By providing the Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.
You agree to immediately update your account of any change in your billing address or the credit card used for payment hereunder. The Company reserves the right at any time to change its subscription fees and billing methods, either immediately upon at least thirty (30) days prior notice by e-mail delivery to you.
6.3 AUTOMATIC RENEWAL
The Subscription shall commence at the end of the trial period for the duration of the Subscription Period. Subscriptions shall automatically renew for additional Subscription Periods at the price in effect at the time of renewal unless terminated prior to the end of the relevant Subscription Period.
6.4 TAXES
When you buy the service in the European Union, this purchase might qualify for VAT zero-rating:
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If you're in a European Union Member State: You can provide your valid local VAT ID. This will entitle the Company to VAT zero-rate the transaction. However, you may have a local VAT accounting obligation, so please check with your tax advisers if you have any concerns.
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Before we can validate your VAT ID, it must be available for verification in the VAT Information Exchange System (VIES). If your VAT ID cannot be verified, please contact your local tax authority.
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If you're located in Portugal, the current Portuguese VAT rate is applied, whether you provide your VAT ID or not.
7. INDEMNIFICATION
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, MY DATA MANAGER; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the MY DATA MANAGER – Privacy Management Solutions.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MY DATA MANAGER IS AT YOUR SOLE RISK, AND MY DATA MANAGER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) MY DATA MANAGER WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MY DATA MANAGER WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE MY DATA MANAGER WILL BE CORRECTED.
9. LIMITATION OF LIABILITY
9.1 DISCLAIMER OF CERTAIN DAMAGES
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MY DATA MANAGER, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MY DATA MANAGER , ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE MY DATA MANAGER ; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH MY DATA MANAGER ; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MY DATA MANAGER ; OR (5) ANY OTHER MATTER RELATED TO MY DATA MANAGER WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
9.2 CAP ON LIABILITY
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY THE COMPANY AS A RESULT OF YOUR USE OF MY DATA MANAGER IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO YOUR SUBSCRIPTION FEES.
9.3 TERMS
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms.
9.4 TERMINATION OF SERVICE
The Subscription Fee is non-refundable. The Company has the right to suspend or terminate any Services provided to you in the following conditions:
a. For non-payment
If your subscription is subject to a payment issue, the status of your account will be changed to "Non Payment":
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You will have 5(five) days to regularize your situation and update your account with a valid credit card.
If so, your account status will move back to “normal”. -
After the 5(five) days grace period, your account and its content will be locked. However, you will be able to log in and update your subscription with a valid credit card to reactivate your account.
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After a total period of 30 days with no action, your account will be terminated.
b. For cancellation by you
If you want to terminate the service, you may do so by canceling your Account. At the end of the current Subscription Period, you will receive a reminder email and your access to your account will be terminated.
c. For material breach of any provision of the terms
If you have materially breached any provision of the Terms
d. Required by law
If the Company is required to do so by law (e.g., where the provision of the Website, or the Services is, or becomes, unlawful) You agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your Account.
9.5 EFFECT OF TERMINATION
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.
Upon termination of any Service, your right to use such Service will automatically terminate, you will not get a copy of the assessment and your data will be automatically deleted. You will be responsible to retrieve any files, related information and content associated before the subscription is terminated.
You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. The Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms, which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
9.6 NO SUBSEQUENT REGISTRATION
If your registration(s) with or ability to access the Services are discontinued by the Company due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Services or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
10. INTERNATIONAL USERS
The Services can be accessed from countries around the world and may contain references to services and content that is not available in your country. These references do not imply that the Company intends to announce such services or content in your country. The services are controlled and offered by the Company from its facilities in Portugal. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. GENERAL PROVISIONS
11.1 ELECTRONIC COMMUNICATIONS
The communications between you and the Company use electronic means, whether you visit the services, send the Company e-mails or whether the Company posts notices on the services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
11.2 RELEASE
You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
11.3 ASSIGNMENT
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.