Terms & Conditions
Last Updated: November 15, 2022
Privacy Labs and its affiliates (“we”, “our”, “Company”) welcome you (the “User(s)”, or “you”) to our website located at https://www.privacy-lab.io (the “Website”) and to our services we provide through the Website. These Terms (as defined below) govern your use of the Website, and the services (as described below).
Agreement to the Terms
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS, INCLUDING THE PROVISIONS OF THE PRIVACY POLICY AND THE COOKIE POLICY, WHICH ARE INCORPORATED BY REFERENCE HEREIN (EACH, THE “TERMS AND CONDITIONS”, THE “PRIVACY POLICY”, AND THE “COOKIE POLICY”, COLLECTIVELY THE “TERMS”). BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES ON PRIVACY LABS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may change the Terms from time to time, at our sole discretion and without any notice. All changes to the Terms are effective as of the stated “Last Updated” date and your continued use of the Services after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes.
Services
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Privacy Labs specializes in data protection and privacy compliance for SMBs in North America and Europe, according to the needs of each business. Privacy Labs focuses on helping and mitigating business needs concerning data protection compliance aspects for businesses to keep mandatory requirements up to date, improve the value of their business, amplify the trustworthiness of their clients, avoid unnecessary enforcement, and gain the essential awareness to deal with data breach incidents (to learn about our services read at https://www.privacy-lab.io/services).
Content on the Website and Other Materials
The contents of the Website are intended for your personal, non-commercial use. All materials published on the Website (including, but not limited to, templates, news articles, photographs, images, illustrations, and video clips, video calls also known as the “Content”) are protected by copyright and owned or controlled by the Privacy Labs or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website.
You may download or copy the Content and other downloadable features displayed on this Website for your personal use only, provided that you maintain all copyright and other notices contained therein.
Accessing
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We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
You are responsible for maintaining accurate details about yourself and your business. We have the right to disable any use by you, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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Intellectual Property Rights
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These Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. Except if you are authorized to download our data protection templates, you may display them for your business use.
Trademarks
Privacy Labs name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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Prohibited Uses
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You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
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In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, EEA, or other countries).
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For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
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To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions.
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To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
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Additionally, you agree not to:
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Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
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Use any automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
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Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
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Use any device, software or routine that interferes with the proper working of the Website. Being exposed to advertisement is a material condition of accessing the Website.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website or introduce any files, code, scripts, or other material which is malicious or technologically harmful.
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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
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Reliance on Information Posted
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The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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Changes to the Website
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We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
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Payments and Fees
Using the Website services is subject to payment if you purchase any of our paid services. Failure to pay the Premium services Fees will result in the termination of your services. In addition, you may purchase our external premium legal services. In accordance with our conversion rate to be updated from time to time, at our sole discretion. Except as expressly provided in these Terms, payments are nonrefundable.
1.1. Also, you agree that: (i) you are solely responsible for any taxes on amounts you may pay or obtain through the services; (ii) your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates); (iii) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase; and (iv) we will deduct applicable charges and taxes from any payable amounts, as required by law.
1.2. Payments for our services, if any, may be executed via various credit cards and other third-party payment service providers that we make available through our services. By choosing to proceed with payment via a third-party payment service provider, you thereby: (i) agree to review and be bound by such third-party payment service provider’s terms of use and privacy policy; and (ii) acknowledge that you may need to hold or register an active account with that third party in order to complete payment. We are not responsible or liable for any activities or conduct of a third-party payment service provider.
1.3 We reserve the right to change or adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following notice to you.
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Linking to the Website and Social Media Features
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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
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Disclaimer of Warranties
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES. EXCEPT YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
Depending on where you reside and use the services, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
Indemnification
To the extent permitted by applicable law, you will indemnify, hold harmless and defend Privacy Labs and our affiliates, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Privacy Labs or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Privacy Labs or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of these Terms; (ii) your use of the services; (iii) your violations of applicable laws, rules or regulations in connection with the services; (iv) your violation of any representations and warranties; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the services; (vi) violations of your obligations of privacy to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with the services. Privacy Labs will provide you with written notice of any claim, suit, or action from which you must indemnify us. You will cooperate as fully as reasonably required in the defense of any claim.
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Waiver and Severability
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No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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General
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms and any policies or operating rules posted by us on the Website or in respect to the services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the services or to receive further information regarding use of the services, please contact us by email at contact@privacy-labs.io.