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These product terms outline how to use our Data Compliance Navigator (DCN) product and anything we may need to ask of you when doing so.
We appreciate that it may be just the lawyers who may take interest in these terms, but we’ve tried our best to make them clear and easy for you to understand them.
Our Product Terms set out our expectations for all users using the Data Compliance Navigator (DCN) solution and what you can expect from us in return. If there is anything not clear, please reach out to us and we’re always happy to discuss further.
Privitar Limited (“we”, “our”, “us” or “Privitar”) is a limited company incorporated in England with company number 09305666. We are a technology company that helps businesses to unleash the power of data without compromising on compliance or customer trust. Privitar is the scalable data security and privacy solution for all data access. DCN in particular helps our customers to understand actionable data compliance requirements. We are not a law firm, and are therefore not authorised or regulated by the UK’s Solicitors Regulation Authority or any related solicitor, attorney or bar or legal professional association around the world.
Privitar’s DCN product terms (“Product Terms“) are entered into by Privitar and you as the legal entity or person on behalf of the company with whom you represent agreeing to these Product Terms (“Customer“, “you” or “your”).
The Product Terms govern your access to and use of Privitar’s Data Compliance Navigator solution (“DCN”), and set out what we ask of you, and what you can expect from us. More information about DCN is available here: Data Compliance Navigator – Privitar.
Scope of License: We grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use DCN only for your company’s own internal use (or, for those team members of your company who you have added / authorised), and only in a manner that complies with all legal requirements that apply to you or your use of DCN.
Duration of the License: The duration of the license to use DCN will be based upon either: a) a trial period of time as specified by Privitar to you in advance, after which time period, the License will expire (unless otherwise agreed by Privitar to extend); or b) will operate for a period of 1 year, and extending thereafter in accordance with the terms of the agreement between you and Privitar and subject to the commercial pricing model and duration you have subscribed to.
Free trial: If DCN is offered as a trial, this will be free-of-charge on a 14 day trial basis. Privitar may in its discretion extend the free-of-charge trial period by communicating this in writing to you. Such an extension may be granted by Privitar even if the free trial period has already expired.
Modifications to DCN: Privitar reserves the right at any time to modify or discontinue, temporarily or permanently, DCN (or any part thereof), but will always seek to keep you updated and informed of any such plans to do so. You agree that Privitar shall not be liable to you or any third party for any modification, suspension or discontinuance of DCN.
Registration and Set-up: To access DCN, you will need to register for a Privitar user account. We will need you to provide us with accurate, complete, and current registration information about you and your company. Your username will be your email address and DCN will prompt you to create a password at the point of registering to DCN. Please ensure your password is kept secret and you regularly change.
Primary user and Admin: when registering, you assume responsibility to maintain the account on behalf of you and your company as an “admin” user (unless you subsequently delegate or share that role with a team member) (“Admin”). You will be fully responsible for all activities that occur under your user name and password. If you are an Admin, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer, you represent and warrant that you are authorised to make decisions on behalf of the Customer and agree that Privitar is entitled to rely on your instructions.
Unauthorised Use: If you become aware of any unauthorised use or access to your account, we request that you notify us at support@privitar.com. Privitar will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorisation.
Unacceptable Use: when using DCN, you are not permitted to do any of the following:
As I’m sure you’d expect, Privitar reserves the right to take any remedial action it deems appropriate and/or necessary, including immediately suspending or terminating your account or your access to DCN, upon notice and without liability to Privitar should you fail to abide by the requirements.
The fee to use DCN (“Fee”) will be confirmed to you in advance of subscribing to DCN. If you are not on a trial license to use DCN, following set up, Privitar will issue an electronic bill to you for the Fee based on the agreed rate (unless otherwise agreed between you and Privitar). The Customer will pay all Fees in the currency stated in the invoice to the bank account noted. The Customer’s obligation to pay all Fees is non-cancellable.
Taxes: The Customer is responsible for their own taxes, and will pay Privitar without any reduction for taxes. As applicable where Privitar is liable to add value added tax or other sales or withholding taxes to the invoice for Fees, this will be invoiced to the Customer and the Customer will pay such Fees inclusive of applicable taxes.
Queries or disputes: if there are any disputes regarding the Fees, these must be raised to Privitar before the payment due date. Late payments may (at Privitar’s discretion) bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. The Customer will be responsible for all reasonable expenses (including legal fees) incurred by Privitar in collecting such delinquent amounts. Further, if Customer’s payment of the Fees is overdue, Privitar may suspend access to DCN.
When you use DCN, you input information about you and your company to allow us to set up your user profile, including team members. You also provide and input information relating to your “cases” which describe what data you use, share and otherwise process within your company so that we can deliver you with results. We don’t collect nor do we need access to your underlying data which you describe.
What about “personal data”? When you set up an account with Privitar and provide information about your company, yourself and any team members, we collect “Personal Data” about users of DCN. We collect and process this to provide you with access to DCN. We’ve set out more information about this within our Privacy Notice.
Support: please contact us at: support@privitar.com.
“IPR” or “Intellectual Property Rights” is common legal terminology for copyright, patents, trademarks, design rights, trade secrets, moral rights and other rights commonly regarded as intellectual property under any relevant country’s laws. It includes both unregistered as well as registered rights.
What’s yours is yours, and what’s ours is ours: These Product Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, the Customer owns all Intellectual Property Rights in Customer supplied information, and Privitar owns all Intellectual Property Rights in DCN, including the rules and case results.
All copyright in the screens and pages on DCN, the rules, risk algorithm and actions items including all information and material in their arrangement included in DCN is owned by or licensed to us (unless otherwise noted). No one may use, access, copy, or otherwise reproduce our content or a part of our DCN without our prior written permission.
Not legal advice: Privitar does not provide or offer formal legal or other advice. you should not rely on any of its services or deliverables as formal legal advice. Privitar results should be viewed as data compliance diligence advice based upon data compliance requirements. Privitar does not accept any liability to any person who does rely on the content of the services or deliverables as formal legal advice.
Our obligations if something unfortunate happens: If we fail to comply with these Product Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Product Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an order that was accepted. We also only provide DCN for your internal use. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on DCN. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to DCN.
Unless we tell you, we haven’t waived our rights (no waiver): If we ever fail to insist that you perform any obligations under these Product Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations (unless we explicitly inform you of this in writing).
Severability: To make sure that these Product Terms are enforceable, we should add that should any part of these Product Terms be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term (or terms) shall be severed from the rest of the terms. The remaining terms shall continue to be valid and enforceable to the fullest extent permitted by law.
Formal notices: we will share with you any notices via email (to a valid email address we know to be correct). If you give us notice, you should address this to: notices@privitar.com.
These Product Terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction in respect of any dispute, which may arise.
We hope this would never arise, but like any person or company, we reserve our right to bring legal proceedings to the courts of the country of your location where a breach of our Product Terms occurs.
Current version: 21 April 2023
Of course! What kind of data privacy experts would we be if we weren’t transparent about our own terms?
Our experts are ready to answer your questions and discuss how Privitar’s security and privacy solutions can fuel your efficiency, innovation, and business growth.
