Effective as of December 9th, 2019
2.2. Agreement – the Agreement on the Processing of Personal Data that regulates the processing by RECO24, on behalf of the Client, of the personal data processed by the Client within the use of the Services.
2.3. Confidential Information – any information belonging to either Party, transmitted or accessed, directly or indirectly, at any time during or after the Client’s use of the Services by the Client, including, but not limited to:
(i) information of a technical nature (e.g. technical specifications and data), know-how, research, trade secret, drawings, diagrams, concepts, documentation, manuals, source codes, object codes;
(ii) information of a business nature such as financial information, business strategies, marketing strategies, costs;
(iii) personal data, Content and Order Data,
(iv) any other information belonging to the other Party not generally disclosed to the public.
2.4. Content – all data and information uploaded, submitted, received and managed by Users to or through the Services, other than Order Data.
2.7. Fortuitous Case – an event that is unforeseeable and unavoidable by the Party that would have been held liable if the event hadn’t occurred.
2.8. Party – either RECO24 or the Client.
2.9. Parties – RECO24 and the Client.
2.15. User – any person using the Services upon access granted by the Administrator, including the Administrator.
3.1. The Client is granted a non-exclusive right to use the Services, in exchange for the payment of the Order Fee.
3.2. Customer help services are available from Monday to Friday, excluding national Romanian holidays as well as other noticed periods, during business hours, via e-mail or contact number.
3.3. Additional services (e.g. customizations) shall be provided by RECO24 upon express request of the Client and shall be subject to separate fees and terms.
4.1. The use of the Services requires certain Order Data to be provided, such as:
Order: first and last name, e-mail address, phone number, company name, VAT number, invoice address of the Client and the data you need analysed;
Get a quotation: name, e-mail address, phone number and company name;
Subscription and/or requirements: name, surname and e-mail address, company name, phone
4.2. The Client has the obligation to keep up to date and confidential all Order Data.
5.1. In exchange for the use of the Services, the Client shall pay the listed fees (shown for each report and exclusive of VAT). The VAT shall be subject to the fiscal rules applicable between the Client and RECO24, as the case may be.
5.2. RECO24 reserves the right at any time and at its sole discretion to change the Order Fee.
5.3. The Order Fee shall be paid via direct debit (recurring payment). The Order Fee can also be paid via electronic payment (online payment or bank transfer), whenever direct debit cannot be used as means of payment.
6.1. RECO24 shall take all reasonable security measures to ensure secure access to and use of the Services and protection of the Content and the Confidential Information of the Client.
6.3. The Client is responsible for maintaining the security and confidentiality of the Content and all the activities while using the Services. The Client agrees to immediately notify RECO24 with regard to any unauthorized use of the Services or any other security violation thereof.
6.5. The Client shall ensure that copyrights, as well as any other intellectual property rights over the Services, are not infringed, by using the Services or otherwise.
6.6. The Client shall not, permanently or temporarily, reproduce the Services, in whole or in part, by any means or in any form and shall not translate, adapt, arrange or make any alterations to the Services, regardless of whether such reproduction/translation/adaptation/arranging
/alteration is required to enable the Client to use the Services in accordance to its intended purpose or to correct any errors in the operation of the Services.
6.7. The Client shall not use the Services in any way that violates third parties’ rights, including, but not limited to, intentionally harm a person or entity, including RECO24.
8.1. The Client understands and acknowledges that the Services are provided “as is”without any warranty of any kind, whether expressed or implied. To the maximum extent permitted by the applicable law, RECO24 does not grant any warranties, express or implied, statutory or otherwise, including but not limited to, warranties of merchantability or fitness for a particular purpose or warranties that the Services will not infringe third-party patents, utility models, copyrights, trademarks or other rights. RECO24 does not warrant that the Services fulfill Client’s requirements or that the Client’s use of the Services will be protected from any losses, tampering with, cyber – attacks or other security intrusions.
10.1. Neither Party shall be held liable for any delay, failure or default in fulfilling any of the obligations undertaken hereunder if such delay, failure or default is the direct result of the intervention of Force Majeure. The other Party shall not be entitled to any compensation.
10.2. Should any of the Parties be prevented, impeded or delayed in fulfilling any of the obligations undertaken hereunder by Force Majeure, than that Party shall notify the other Party in writing within 5 (five) working days as of the date the Party acknowledged the event, with regard to the Force Majeure event and the relevant circumstances.
10.3. The Party notifying the Force Majeure shall not be held liable for the non-fulfillment, late or improper fulfillment of its obligations undertaken hereunder, during the Force Majeure.
10.4. The ceasing of the Force Majeure shall also be notified, in writing, to the other Party within 5 (five) working days as of the ceasing date.
10.6. The Parties expressly agree that RECO24 shall not be held liable in case of any Fortuitous Case that impedes or delays, in whole or in part, the fulfillment of the obligations undertaken hereunder. The provisions of this clause regarding Force Majeure shall apply accordingly should a Fortuitous Case occur.
a) the information was known to the respective Party before receiving it from the other Party; or
b) the information was disclosed after obtaining the written consent of the other Party for such disclosure; or
c) the respective Party had to disclose the information in compliance with and in observance of express procedures set forth by the legislation in force; or
d) the information has become public, independent of the action or inaction of the respective Party.
12.1. The Parties agree to comply with the obligations set forth in Appendix 1 – Agreement on the Processing of Personal Data.
13.1. The Client shall not, at any time, be granted any copyrights over the Services or related materials, including, but not limited to, documentation/ reports for the use of the Services, as well as any other work of intellectual creation within the meaning of Law no. 8/1996 on copyright and related rights, included in the Services, and is fully responsible for any infringement of any moral and/or patrimonial rights over the Services.
13.2. The Client shall not use the Services in any manner that may infringe intellectual property rights.
13.3. The Client is granted the non-exclusive right to use the Services. This right cannot be subsequently transferred by the Client without RECO24’s prior written approval. The Client is not allowed, without the prior written approval of RECO24:
e) to permanently or temporarily reproduce the Services, in whole or in part, by any means or in any form whatsoever, including when the reproduction is determined by the storage, display or transmission within the network;
f) to translate, adapt, arrange and/or bring any other transformations to the Services nor to reproduce the outcome of these operations.
1.2. As regards such personal data, RECO24 acts as the Processor and the Client as Controller.
2.1. This Agreement is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “Regulation”), as well as by any legislation issued by the competent data protection authorities in its implementation.
2.2. This Agreement is available within the Services. RECO24 reserves the right to unilaterally modify this Agreement by notifying the Client with a 30 (thirty) days prior notice after which the new version of the Agreement shall enter into force. By continuing to use the Services, the Client irrevocably agrees and accepts the Agreement, as unilaterally amended by RECO24.
2.3. The notions „personal data”, „data subject”, „processing”, „controller”, „processor” and „supervising authority”, as used herein, and any other notions which are not expressly defined herein shall have the meaning provided in the Regulation.
3.1. Personal data means any information relating to an identified or identifiable person which is processed by the Client while using the Services in its capacity as Controller (hereinafter referred to as “Personal Data”).
3.2. RECO24 processes the following types of Personal Data:
contact data: name and surname, e-mail address, phone number, company name;
any Content that includes Personal Data processed by the Client while using the Services.
3.3. RECO24 processes Personal Data concerning the following categories of data subjects:
Current and potential clients, business contacts, collaborators, employees, consultants and representatives of the Client;
Any other third parties whose data are processed by the Client/Users while using the Services.
4.1. RECO24 undertakes the following obligations in its capacity as Processor in relation to the Processing Operations:
a) to ensure that the persons within RECO24 authorized to perform the Processing Operations have committed themselves to the confidentiality of these data;
b) to take appropriate technical and organizational measures to ensure an appropriate level of security in performing the Processing Operations; RECO24 shall take steps to ensure that any natural person acting under its authority and who has access to Personal Data does not process them except upon Client’s request, unless he or she is required to do so by European Union or national law;
c) to meet the conditions provided under clause 6 hereunder;
d) taking into account the nature of the processing, to assist the Client by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Client’s obligation in its capacity as Controller to respond to requests for exercising the data subject’s rights laid down in the Regulation (e.g. right to information and right of access to the data, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object, right not to be subject to a decision based solely on automated processing, including profiling, right to submit a complaint in front of the competent supervisory authority);
e) to assist the Client in ensuring compliance with its obligations as Controller, taking into account the Processing Operations and information available to RECO24 and only when such obligations are linked to the provision of the Services;
f) at the choice of the Client to delete or return upon termination of the Services all the Personal Data and to delete existing copies unless European Union or national law requires storage of the Personal Data;
g) to make available to the Client all the information necessary to demonstrate compliance with the obligations laid down under clause 4.1. of this Agreement;
h) to allow for audits regarding the Processing Operations, including inspections, conducted by the Client or another auditor mandated by the Client, insofar as such verifications are strictly necessary for the fulfillment of legal obligations and there are reasonable grounds that RECO24 does not meet its legal obligations regarding the Processing Operations, under the conditions agreed in relation to each audit between RECO24 and the Client; audits and inspections, shall not, under any circumstances: (i) be performed more than once a year, unless requested by the competent supervisory authority; (ii) be performed outside the normal business hours of RECO24; (iii) interfere with RECO24’s course of business;
i) to inform the Client without undue delay after having become aware of a Personal Data Breach.
4.2. If RECO24 receives a request from a data subject regarding his or her rights under the Regulation, RECO24 will guide such person to address the request directly to the Client.
5.1. The Client undertakes the following obligations in relation to the Personal Data and/or the Processing Operations:
a) to ensure that Personal Data is strictly necessary for the use of the Services and that such data is correct, complete, precise and does not violate the rights of third parties (including data subjects), being solely responsible for the transmission of such data, as well as for the lawfulness and accuracy of the processing;
d) to grant to RECO24 a reasonable time for the fulfillment of its obligations under clause 4.1. letters d), e), f) g) and h) hereto, considering the complexity and nature of the activities that RECO24 must undertake to such purpose so that it does not affect RECO24’s course of business;
e) to notify RECO24 any information which can affect the fulfillment of its obligations as Processor hereunder;
f) to notify RECO24 without undue delay after having become aware of any Personal Data breach that RECO24 may control.
6.1. RECO24 shall inform the Client of the identity of any other third party performing Processing Operations and shall ensure that such person shall undertake towards RECO24 the same obligations RECO24 has undertaken hereunder towards the Client.
6.3. If the Client objects to any such third party, the Client has the right to modify or terminate the Services. By continuing to use the Services, the third party shall be considered accepted by the Client.
8.1. The liability of RECO24 hereunder, as well as under the applicable legislation, shall not exceed, under any circumstances, 50% of the amount paid by the Client for the use of the Services during the last 3 (three) months prior to the occurrence of the damage. Any claim the Client might have against RECO24 arising out of or in relation to this Agreement must be filed within 6 (six) months, otherwise, such claim being permanently barred.