(last updated July 2018)
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By clicking “I agree with the Terms and Conditions,” using the website, or by submitting your information on any Databerry electronic platform (portal, website, questionnaire, etc.), you agree to be legally bound by these Terms, which shall take effect immediately on your first use of this website. If you do not agree to be legally bound by the Terms please do not access and/or use the website and/or submit information on any Databerry electronic platform. Please note that these Terms are subject to change without prior notice (unless prior notice is required by law). Please review the Terms regularly to ensure you are aware of any changes made by us.
You agree that Databerry may collect, process (which shall have the meaning ascribed in the definition of “processing” in the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “GDPR”)), use, store, and transfer different kinds of personal data about you, which we have grouped together as follows:
· Personally Identifiable Information: This is information that may be used to identify you as an individual, such as your e-mail address, name, home or work address, or telephone number.
· Non-Personally Identifiable Information: This is information that does not by itself identify a specific individual.
· Cookies and Web Beacons: A cookie is a data file that certain websites write to your computer’s hard drive when you visit such sites. A web beacon, or a single-pixel .gif file, assists in delivering cookies.
You warrant that the consent of any other data subject whose personal information shall be disclosed to Databerry by you in relation to these Terms has been obtained or that you are otherwise justified in law to disclose such information to Databerry. You further warrant and undertake to immediately inform Databerry (i) of any changes to the personal information provided by you in order to keep the data accurate, (ii) should any data subject withdraw any consent previously given and/or (iii) should Databerry for any other reason no longer be entitled to lawfully process the data subject’s personal information. You agree to hold Databerry and/or any and all of its directors, officers or any other officials thereof respectively, harmless and indemnified against any and all loss, damage, costs (including legal costs), charges, penalties, fines, interest, expenses which may be incurred or sustained by Databerry and/or any one or more of the aforesaid persons as a result of you breaching the aforementioned warranties or failing to comply with any of your obligations in terms of the GDPR or any other applicable data protection law or regulation.
We collect personal data about you whenever you use our services (whether services provided directly by us or by other companies or agents acting on our behalf), and when you use our website.
You understand and agree that the personal information may in appropriate circumstances reside and be processed outside the United States and you agree that Databerry shall be entitled to transfer and process personal information across country borders to such locations outside the United States and for the purposes set out below.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data only for purposes of: (i) providing the services pursuant to a contract we are about to enter into, or have entered into, with you; (ii) maintaining internal administrative or client relationship management systems, including the use of third-party IT outsourced providers; (iii) quality and risk management reviews and legal reporting obligations; (iv) providing information about its range of services; (v) carrying out and managing business operations; (vi) providing professional advice; (vii) any legitimate business purposes of or other activities conducted by Databerry from time to time; or (viii) when you have provided us with your explicit consent to do so.
In the case where we rely on consent as a legal basis for processing your personal data, please note that you have the right to withdraw your consent at any time by contacting us using the contact details set out in these Terms.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at https://www.databerry.com/contact/.
Our website may include links to third-party websites, microsites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. Therefore, whenever you make use of these links or when you leave our website, please read the privacy notice of the third party.
You can disable cookies or web beacons at any time by using your browser options.
We do not knowingly collect any information from anyone under 15 years of age. Our website, products and services are all directed to people who are at least 15 years old or older. If you are under 15, do not use or provide any information on this website or on or through any of its features, register on the website, or provide any information about yourself to us, including your name, address, telephone number or email address. If we learn that we have collected or received personal data from a child under 15, we will delete that information, unless consent is given or authorized by the holder of parental responsibility over the child. If you believe we might have any information from or about a child under 15, please contact us.
To best serve you, we may share your personal data with service providers that provide support services to us or that help us market our products and services. Service providers are third parties who perform services on our behalf. They are contractually restricted from using your information in any manner other than in helping us to provide you with the products and services available from Databerry.
We may also disclose your personal data to a third party when you ask us to do so or when we believe it is required by law.
We have put in place appropriate security measures (incuding encryption, anonymization and/or pseudonymization procedures where required) to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You agree that Databerry shall be entitled to retain the personal information no longer than necessary in accordance with the provisions of the GDPR, after which, subject to what is set out below, the personal information shall be destroyed. You agree that Databerry shall however be entitled to extend the period for which personal information is retained: (i) if this is required or authorized by law; (ii) Databerry reasonably requires the information for a longer period for lawful purposes related to its activities or functions; (iii) this is required by any contract between the parties; or (iv) for statistical or research purposes (subject to appropriate safeguards).
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are available in our retention policy, which you can request from us by contacting us. In some circumstances you can ask us to delete your data (see Your Rights, below). In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
You have the right to:
· Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at https://www.databerry.com/contact/.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Databerry shall not be liable: (1) for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities; (2) to users in respect of any loss or damage (including consequential loss or inconsequential loss) which may be suffered or incurred or which may arise directly or indirectly because of services supplied by Databerry; (3) for any loss caused by the failure to complete any questionnaire on its website. Users warrant that all information provided by them on any questionnaire is accurate and does not breach ant law or the rights of any person; and (4) for any damages (including direct, indirect, consequential, incidental and exemplary), if there is any deficiency or inaccuracy in the site attributable to a lack of maintenance of the site or in relation to the accuracy, sufficiency or otherwise of your application.
15.1. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the material available on this website in any way for any public or commercial purpose. You may not copy or adapt the code or software that Databerry creates to generate its pages.
15.2. All users warrant that they have not relied on any representation made by Databerry, which has not been expressly stated in these Terms or any engagement letter for the provision of specified services by Databerry. Users shall indemnify Databerry and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of your application, or any activity that is expressed in these Terms to be the responsibility of the user, or breach of these terms and conditions.
15.3. These Terms shall be governed and construed in accordance with the laws of the State of Florida. By accepting these Terms, you expressly consent to the personal jurisdiction of the state and federal courts located in Palm Beach County, Florida for any such lawsuit arising out of these Terms. You and Databerry agree that such courts shall be the sole and exclusive venue for any dispute arising out of these Terms.
15.4. If any provision of these Terms is held to be invalid or unenforceable, it will be construed to have the broadest interpretation, which would make it valid and enforceable. Invalidity and unenforceability of one provision will not affect any other provision of these Terms.
15.5. These Terms constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous written or verbal communication or representations regarding such subject matter. These Terms may not be modified except in writing signed by both parties hereto.
Last updated on July 17, 2018.
399 NW 2nd Ave.
Boca Raton FL 33432 USA
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