PrivacyPerfect Forever Free Standard Terms & Conditions

1. Object of the PrivacyPerfect Standard Terms & Conditions.

1.1 Scope.

PrivacyPerfect shall during the free subscription period provide user online access to its system (the “system”) enabling user to register, store and document user’s personal data processing operations and flows for governance and compliance with EU & global privacy laws. The system and other features of the service are further described in www.privacyperfect.com/auxdoc and may be updated or upgraded at PrivacyPerfect’s sole discretion.

Until superseded by new PrivacyPerfect Standard Terms & Conditions (“ST”) accepted by the user, these ST shall apply to the free service PrivacyPerfect provides to the user.

1.2 Use.

The user may log-in to the system at the provided customised  URL to upload, amend, update or verify information on the user's processings of personal data. The user may only upload user-related data, DPO and other representatives’ contact details, or information necessary for record-keeping purposes. The responsibility shall be on the user to comply with sufficient legal basis as per applicable law, including but not limited to obtaining consent of data subjects if required. User shall ensure that its log-in details are not shared with any other person and shall immediately change the corresponding password and inform PrivacyPerfect if it has any reason to assume log-in details have been compromised. PrivacyPerfect may in any case restrict and change log-in procedures, passwords and/or usernames if in the interest of operation of the service or for protecting legitimate interests of PrivacyPerfect.

User is solely responsible for entering or uploading accurate and pertinent information, keeping log-in details confidential and using the service correctly and in accordance with these Standard Terms & Conditions. User shall further be responsible for maintaining appropriate connection to access the system and choosing the appropriate local-specific system configurations that may be available for some jurisdictions.

PrivacyPerfect and its licensors shall retain their intellectual property rights and interests over the system used to provide the service.  The user,  nor any affiliated parties may download, disassemble, decompile, reverse engineer, copy, change, communicate to the public, sublicense, create or attempt to create derivative works based on all or any part of PrivacyPerfect, or (otherwise) commercialise the service, the system or any other material of PrivacyPerfect; nor may they in any manner disable or circumvent any technological measures put in place to protect it.

Any information exchanged within the scope of these services shall be kept secret, shared on a need-to-know basis and used solely for the use of the services; except insofar as (i) it is or becomes public knowledge through no fault of the recipient party, (ii) was previously in its possession (and proves it), or (iii) must be compulsorily disclosed to competent courts or authorities (subject to prompt notice to the other party so it can try to legally prevent this disclosure if it wishes to do so). This shall bind PrivacyPerfect with regards to any information uploaded by user to the system and user with regards to any information related to the system or the service. During the free subscription period and for two years therefrom, user may not directly nor indirectly develop or commercialise any service or software product similar to the service or the system.

The user shall remain responsible at all times for all content that it uploads into the system, or processes using the service. User warrants that it shall not upload, transfer, access or process any content that is illegal under applicable law, including but not limited to obscenity, defamatory content, or any content that infringes or is likely to infringe the intellectual property rights of any third party. The user also warrants that it shall not upload any virus, worm or other malicious content into the system or process any such content using the service. 

PrivacyPerfect does not hereby provide any legal advice, nor is it responsible for correct uploading of user information, nor is it obligated to maintain any specific functionality of the service. No other express or implied warranty shall apply, the service is being provided on “as is” basis.

PrivacyPerfect shall access and process identification and log-in user personal data of the user, as well as information necessary for record-keeping purposes within the service. PrivacyPerfect shall (i) not transfer such data outside the European Union unless required to do so by European or local laws to which PrivacyPerfect be subject. (ii) ensure all employees or subcontractors keep the data confidential, (iii) apply all legally required security measures. PrivacyPerfect shall further (iv) upon termination/expiration of the use of the services, retain data for a period of 9 months or as long as is necessary under law, or at users’ choice, delete or return to it all data, not keeping any copy thereof except as otherwise provided for under European or local Law. PrivacyPerfect may use for this processing its affiliates or other third-party subcontractors, as identified at www.privacyperfect.com/auxdoc.

The user may use the services for as long as it is available. PrivacyPerfect may terminate the services at its sole discretion. In case of a termination, PrivacyPerfect will provide the user an upfront written notice of four weeks. PrivacyPerfect may also terminate the services if the user acts in breach of these Standard Terms & Conditions.

For the Free version, no fees apply. However, the user is always able to upgrade its plan to a paid version. User can contact PrivacyPerfect in case it wishes to do this.

PrivacyPerfect is not liable or responsible to the user for any action taken or not taken in regard to the services, unless directly caused by its gross negligence or wilful misconduct.  Insofar as legally possible, PP shall not be liable for any consequential, indirect, incidental, special, exemplary or punitive damages, nor for loss of profits or revenue, data, interruption of business, or re-procurement of substitute services.

These Standard Terms & Conditions are subject to Dutch Laws and the exclusive jurisdiction of the courts in Rotterdam.