Terms of Use & Privacy Policy & Data Processing Agreement

 

Terms of use |  Privacy Policy |  Data Processing Agreement


Terms and Conditions of Use

 

1. Terms

By accessing this web site and services related to this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws. If you do not understand or do not agree with any of these terms, you are prohibited from using or accessing this site.

The materials (information or data or software) contained in this web site are protected by applicable local and international copyright and trade mark law, unless if otherwise explicitly stated in the specific material.

2. Use License

a.   Permission is granted to temporarily download one copy of the materials (information or data or software) on PeN-LAB's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on PeN-LAB's web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.
  6. undertake any damaging action against application or PeN-LAB considering security and protected data

b.   This license shall automatically terminate if you violate any of these restrictions and may be terminated by PeN-LAB at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and you are liable for eventual damage for any malevolent act.

3. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

a.   The materials on PeN-LAB's web site are provided "as is". PeN-LAB makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, PeN-LAB does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

b.   Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, we exclude all warranties.

4. Limitations

PeN-LAB, and PeN-LAB's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

The total liability of PeN-LAB, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In no event shall PeN-LAB or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PeN-LAB's Internet site, even if PeN-LAB or a PeN-LAB authorized representative has been notified orally or in writing of the possibility of such damage.

In all cases, PeN-LAB, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

5. Data Processing

To the extent that personal data is processed by us on your behalf, the terms of the Data Processing Agreement shall apply to all Personal Data that we process on your behalf.

Any information that you provide to us in connection with the Service will be used by us in accordance with the terms of the Privacy Policy.

6. Revisions and Errata

The materials appearing on PeN-LAB's web site could include technical, typographical, or photographic errors. PeN-LAB does not warrant that any of the materials on its web site are accurate, complete, or current. PeN-LAB may make changes to the materials contained on its web site at any time without notice. PeN-LAB does not, however, make any commitment to update the materials.

7. Links

PeN-LAB has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PeN-LAB of the site. Use of any such linked web site is at the user's own risk.

8. Indemnification

You agree to indemnify and hold harmless PeN-LAB, its parents and affiliates, and each of their directors, officers, agents, contractors, partners and employees from and against any claims arising out of or relating to content you post, submit or transmit through the Service; your connection to the Service; your violation of any rights of any person in connection with the Service; your violation of this Agreement.

9. Security

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any PeN-LAB server. You agree that you will not attempt to circumvent or modify any security technology or software that is part of the Service.

10. Site Terms of Use Modifications

PeN-LAB at its sole discretion, reserves the right at any time, to change, modify, add or remove portions of these Terms of Use. It is the User's responsibility for reviewing and becoming familiar with any such modifications. Use of the Service by User following such modification constitutes User's acceptance of the terms and conditions of this Agreement as modified. Additional terms and conditions may apply to specific portions or features of the Service.

11. Applicable Law; Jurisdiction

The laws of the Republic of Croatia, excluding its conflicts of law rules, govern these Terms and your use of the Service.  You agree to submit to the personal jurisdiction of the courts of the Republic of Croatia for any cause of action arising out of or relating to the Service or the Terms of Use.

Terms and Conditions applicable to Use of a Web Site and included services.

  


Privacy Policy

Terms of use |  Privacy Policy |  Data Processing Agreement

Your privacy is very important to PeN-LAB. Accordingly, we have developed this Policy in order for you to understand how we process and make use of your personal data and information related to your account. This Privacy Policy, together with our Web Site Terms and Conditions of Use and any other documents referred to in this Privacy Policy, sets out the basis for processing any personally identifiable information, which can be used alone, or combined with other information to identify you personally (“Personal Data or Personal Information”), we collect from you, or that you provide to us. By using the Service, you are accepting the terms of this Privacy Policy.

The following outlines our Privacy Policy.

1. Purpose of the processing:

  • establishment, administration and execution of our business relationship and the provision of our Services;
  • standardized performance recording, documentation and accounting systems;
  • marketing of N-LAB and our Services;
  • performing quality controls;
  • providing references and evidence of expertise;
  • compliance with obligations to disclose specific information that may exist by law or be imposed by public authorities or the courts.

The provision of your Personal Data is voluntary, however, please take into account that we may not be able to (fully) provide and perform services in case you do not provide the requested data.

If you provide Personal Data regarding any other person except yourself (i.e. your clients, employees or any other third parties), you warrant the lawful processing of such data and you are obliged to inform the data subject about the processing according to Art. 13 General Data Protection Regulation 2016/679 (GDPR).

2. How, when and why we collect and process Personal Data?

We may collect and process the following information about you.

Information you provide to us when you request for our services, which includes when you:

  • Purchase or register to use our Services;
  • Sign up for a free trial of our Services;
  • Request and receive Customer Support;
  • Provide billing and payment information;
  • Register for offers or events;
  • Post comments on our website;
  • Participate in any social media functions on our website.

This may include, for example, your name, position, company, contact details (such as email, telephone number and address) and your personal preferences, choices and requirements specific to particular requests or services. We may use this Personal Data to respond to your queries, and/or provide the services and/or information that you have requested.

Information from other sources.

Where permissible under applicable local laws, we may combine information that you have provided to us with other information that we already hold about you and which we have collected for a compatible purpose.

3. Lawfulness of processing

In case when you are our client, we process data for the performance of the contract (Art. 6 paragraph 1 lit.b GDPR) respectively in order to contact you via e-mail or telephone.

In all other cases, we process the data on the basis of our legitimate interest in order to achieve the purposes listed under section 1 above (Purpose of the Processing) (Art. 6 paragraph 1 lit. f GDPR) and on the basis of compliance with a legal obligation (Art. 6 paragraph 1 lit. g GDPR).

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Personal Information is protected and maintained.

4. Transfer of Personal Data

We may also provide your Personal Information to third parties such as auditors and other professional advisers, third party organisations that provide applications/functionality, data processing or IT services to us, and/or to regulators and law enforcement agencies, where we are required by law to do so, where necessary for the purposes of preventing and detecting fraud, other criminal offences and/or to ensure network and information security.

5. Your rights

You have the right to:

Access your Personal Data held by us as a data controller. We will aim to respond to any requests for information promptly, and in any event within the legally required time limits.

Amendment/erasure/deletion of Personal Data. When practically possible, once we are informed that any Personal Data processed by us is no longer accurate, we will make corrections (where appropriate) based on your updated information and request.

Withdrawal of consent. Where we process Personal Data based on consent, you have a right to withdraw such consent at any time.

Other data subject rights, such as a right to restrict or object to our processing of Personal Data and the right to data portability.

If you wish to exercise any of these rights, please send an email to the e-mail address mentioned blow under section 7.

6. Changes to this Privacy Policy

We recognise that transparency is an ongoing responsibility so we will keep this Privacy Policy under regular review. This privacy statement was last updated on 20 May 2018.

7. Contact

In case you have any questions regarding this Privacy Policy, please contact N-LAB data protection coordinator via the following e-mail: n-lab@n-lab.hr


Data Processing Agreement

Terms of use |  Privacy Policy |  Data Processing Agreement

1. Subject and duration of the data processing agreement

1.1. Application of Data Processing Agreement

This Data Processing Agreement applies with respect to Services provided by a company N-LAB d.o.o., based at the address Žugčićeva 22, Zagreb, OIB: 71122610349 (further in text: N-LAB), provides each user through their business (further in text: Service User), if the Services include the processing of Personal Data of the Respondents in accordance with GDPR and if the User complies with the GDPR Processing Manager (or the Executing Officer, if applicable) of the Personal Data of the Recipient, as defined below, and the N-LAB Processing Officer (or Subcommittee processing Personal data of respondents, if applicable). 

1.2. Duration of the Data Processing Agreement

This Data Processing Agreement shall enter into force on May 25, 2018, or on the date of the N-LAB Service Provider's Agreement and / or on the date of commencement of the Service provision in accordance with the General Terms of Use, whichever is later, and shall cease to be valid simultaneously with the termination of the Service Provision Termination and / or Termination of the Service in accordance with the General Terms of Use.

2. Definitions

For the purposes of this Data Processing Agreement, the following terms have the following meanings:

Personal data of the respondent“ / „Personal information of the respondent“ means personal data uploaded, stored, published, displayed, or backed up using N-LAB Services as described in point 4 of this Data Processing Agreement;

GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the non-application of Directive 95/46 / EC together with other implementing provisions in which includes a Member State of the European Union, including the Republic of Croatia, including all their modifications, additions, corrections, revised texts and subsequent regulations that will be in effect during the duration of the Service Contract; and

Personal data”, „Personal Information Infringement”, „Respondent”, „Supervisory body”, „Evaluation of the effect on data protection”, „Processing”, „Processing Executor “ and „Processing Manager“ have the meaning given to them in Article 4. GDPR-a.

Glossary terms that are not defined in this article have the meaning given to them in the relevant part of this Data Processing Agreement.

3. Processing provisions

3.1. Respondent Categories

This Data Processing Agreement applies to the Processing of Personal Data of the Respondent, including Personal Data of Customer's Clients or potential customers, suppliers, business partners, sellers and other end users, whose scope is determined and managed by the User according to their own discretion. 

3.2. Types of Personal Data

Personal data of the respondent includes Personal Data whose scope is determined and managed by the User at their own discretion and contained in any application, file, data, information or any other content uploaded, stored, published, displayed, or for which a backup has been made by the User or his end users using the Services provided by N-LAB.

4. Processing of personal data of respondents

4.1. Involved parties roles

For the purposes of this Data Processing Agreement, the User and the N-LAB agree that the User is the Head of personal data processing of respondents while the N-LAB Executor of processing of such data unless the User acts as the Executor of data processing, in which case the N- LAB Sub-executor of data processing. If the User is the Executor of data processing, the User warrants that his instructions to N-LAB in relation to the Personal Data of the Respondent, including the User's engagement of the N-LAB as the Sub-executor, has been approved by the appropriate Head of personal data processing. 

4.2. Instructions of the Processing Manager

N-LAB undertakes to conduct Personal Data of the Respondent on behalf of and exclusively in accordance with the User's prior written instructions and undertakes not to process the Personal Data of the Respondent for any other purpose. The User hereby gives N-LAB instructions to conduct the Processing of Personal Data of the Respondent only to the extent that it is necessary for the provision of the Agreed Services in accordance with the Service Provision and / or the General Terms of Use of the Website. 

4.3. Procedures in accordance with obligations from GDPR

The User and the N-LAB are bound to comply with their respective obligations towards GDPR, to the extent that it is necessary for the processing of any Personal Data of the respondents in the context of providing the Service. The User is obliged to comply with all applicable privacy and data protection regulations regarding the Processing of Personal Data of the Respondent and the User's Handbook of Processing to the N-LAB and to obtain all the privileges and rights required to enable the N-LAB to conduct Personal Data Processing in accordance with this Data Processing Agreement.

4.4. The location where the data are located

The User acknowledges and agrees that the Processing of Personal Data of the Respondents in accordance with this Data Processing Agreement shall be performed in the Republic of Croatia or, depending on the location of the server, in one of the Member States of the European Union or the European Economic Area and / or the United States of America.
The user authorizes N-LAB to perform any transfer of support data to any such country and to store and process such data for technical support.

4.6. Limitation of Responsibility for User Actions

The User acknowledges and agrees with the fact that the N-LAB depends on the user's instructions regarding the Processing of Personal Data of the Respondent. Consequently, N-LAB will not be liable in the event of any request made by the Respondent arising from the act or omission of N-LAB that is a direct consequence of the User's or Customer's compliance with its obligations arising out of applicable data protection regulations.

4.7. Inability to follow the instructions

If for any reason, including the change of applicable regulations, the N-LAB is unable to act on the User's Instructions regarding the Personal Data of the Respondent Processing, N-LAB is obliged to:

  • immediately inform the Beneficiary of such inability and give reasons why he or she can not follow the instructions; and
  • stop working with the Personal Data of the Respondent (with the exception of storage and retention of the security of the relevant Personal Data of the Respondent) until the User issues new instructions for the N-LAB to act.

In the cases in which this provision applies, N-LAB shall not be liable to the Customer for non-payment of the Service on any grounds until such time as the User issues new appropriate instruction in respect of Processing.

5. Privity

N-LAB commits to the Personal Data of the Respondent Processing in the name of the Beneficiary only to persons who have undertaken to keep the confidentiality of such Personal Data of the Respondent in accordance with applicable legal regulations.

6. Security measures

6.1. Implementation of appropriate technical and organizational measures

N-LAB undertakes to implement appropriate technical and organizational measures for the protection against accidental or unlawful destruction, loss, unauthorized disclosure or access to Personal Data of the Respondent pursuant to Article 32 of the GDPR.

7. Other processing executives

If N-LAB engages another Data Processing Personal Data Attendant, the N-LAB commits itself to:

  • inform the Beneficiary of all planned changes related to the addition or replacement of other Processing Executives so that the User has the opportunity to file a reasoned objection to such modifications within 15 days of receipt of such notification. If the User and the N-LAB can not agree on such an objection, either of them may terminate the Service Contract by sending written notice to the other party;
  • inform the User of any change in the role or status of the other Processing Manager; and
  • with another Executing Contractor to conclude a written contract that the other Processing Entrant imposes on the same obligations applicable to the N-LAB pursuant to this Data Processing Agreement.

8. Accountability

The limitations of accountability specified in the General Terms of Use apply to all claims arising out of the violation of the terms of this Data Processing Agreement.

The accountability of N-LAB will also exist in relation to the violation of this Data Processing Agreement caused by acts and omissions or gross negligence of the other Executing Officers pursuant to Article 7 of this Data Processing Agreement, to the extent that N-LAB would be responsible if it performs the services of others Executor directly under the terms of this Data Processing Agreement subject to all the above limitations of accountability.

It is excluded the right to claim compensation more than once in relation to the same claim.

9. Personal Information Violations

In case of personal data violation, N-LAB will:

  • inform the Beneficiary within a reasonable time and without unnecessary delay after becoming aware of any Personal Information Damage that affects any Personal Data of the Respondent; and
  • to undertake all commercially reasonable measures for the purpose of securing personal data, reducing the effects of personal data breaches, and providing the User with reasonable assistance required to fulfil the statutory obligations.

Procedures in accordance with this provision will not be interpreted in such a way that N-LAB assumes in any way liability or guilt in relation to a personal data breach.

10. Deleting personal data of respondents

N-LAB undertakes to allow the User to download and / or delete the Personal Data of the Respondent prior to the termination of the Service Contract. The Beneficiary has the right to give N-LAB instructions that at the end of 30 days after the termination of the Service Contract and no later than 90 days after the termination of the Service Contract validity, permanently and safely erase all personal data of the persons in possession or controlled by N -LAB or any other Executing Agent. This provision shall not apply if, in accordance with the law of the European Union or the Member State concerned, there is an obligation to store personal data.

11. Final provisions

In the event of disagreement with certain provisions of this Agreement concerning the processing of data and provisions of the Service Contract, the Privacy Policy and other agreements between the Parties, the provisions of this Data Processing Agreement shall take precedence.

This Data Processing Agreement is governed by the law of the Republic of Croatia. In case of dispute, the jurisdiction of the competent court in Zagreb is contracted.

In the event that any provision of this Data Processing Agreement becomes invalid, invalid or unenforceable, the other provisions of this Data Processing Agreement shall in no way become invalid or ineffective and the Parties undertake to replace such invalid, incomplete or unenforceable provision with the new.

The latest version of this Data Processing Agreement was published and entered into force on May 21, 2018.