1.1 These General Terms and Conditions, applicable to the Services ordered by the person identified in the Order (“You”, “Your”), govern the Services provided by Security Trend Ltd (“quick-gdpr.co.uk”, “Our”, “We”), to You.
1.2 Security Trend Ltd is registered in England and Wales with registered number XXX and its registration address is at 45 Broad Hinton, Reading, RG100LP.
1.3 To the extent that the law deems You to be a consumer, the terms of this Agreement will not affect Your rights under applicable consumer law.
The following terms and expressions shall have the following meanings in this Agreement:
"Account” means the user account created by You on Quick GDPR web site operated by Security Trend Ltd
“Agreement” means these General Terms and Conditions, the applicable Service Terms and any other policy or document referred to in them;
“Customer´s users” means Customer´s website visitors, subscribers and existing or prospective clients contacting the customer via customer´s website, phone or otherwise.
“Customer´s website” means the web site where the Customer exercises his business activity.
“Devices” means any computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
“Intellectual Property Rights” means the following rights, wherever in the world enforceable including all reversions, renewals and extensions: (a) any patents or patent applications including any applications for same; (b) any trademarks (whether or not registered) including any applications for registration of the same; (c) inventions, discoveries, topography rights, utility models and improvements whether or not capable of protection by patent or registration; (d) copyright or design rights (whether registered or unregistered); (e) database rights; (f) any goodwill in any trade or service name, trading style or get-up; and (g) any and all other intellectual or proprietary rights;
“One-off license” means you're purchasing a license for the version that is current at the time of purchase. This means you can use that version permanently with no further cost, but the license does not include updates or technical support.
“Order” means Your order for the purchase of the Services made through the Website;
“Personal Data” means “personal data” as that term is defined in the Data Protection Act 1998, General Data Protection Regulation and Data Protection Bill relating to the processing of personal data;
“Privacy Statement” means the document or a statement, which the Customer creates with the use of technological tools offered by Security Trend Ltd regarding General Data Protection Regulation and Data Protection Bill requirements associated with Customer´s online activities (eg. Website, mobile app, etc)
“Privacy statement creation wizard” means the service offered by Security Trend Ltd and purchased by Customer to reflect Customer´s policy for Customer´s user´s personal data processing activities through the Customer´s website in order to comply with the General Data Protection Regulation and Data Protection Bill requirements for the Right to be informed;
"Services" means the products and services which Security Trend Ltd agrees to provide to You after Our acceptance of your Order;
“Special category data”Means personal data consisting of information as to the racial or ethnic origin of the data subject, his political opinions, his religious beliefs or other beliefs of a similar nature, whether he is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992), his physical or mental health or condition, his sexual life and sexual orientation. The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.
"Website security services" means vulnerability scanning by port and port connections scanning, website cleaning, malware alert, security updates check and check of existence of certain files, checking versions and responses to certain requests, unnecessary services check, testing of forms and application responses, SSL/TLS encryption presence check, web application firewall and daily backup services;
3 Your Account
3.1 Prior to placing an Order, You are required to set up an Account with Security Trend Ltd via our Website quick-gdpr.co.uk. To open an Account, you need to provide your name, company web site link and email address. No payment is required and by opening an Account, You are not required to make any purchase.
3.3 Security Trend Ltd shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the Customer's access credentials.
4 Contract Formation
4.1 To place an Order through the Website or by telephone You must set up an Account.
4.2 By setting up an Account and/or submitting an Order requesting the provision of Services by Security Trend Ltd, the person setting up the Account and/or submitting the Order confirms that they are at least 18 (eighteen) years of age and that they have the appropriate authority from any third party for whom they are acting to enter into this Agreement.
4.4 Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. Depending on the selected service, different warranties will apply.
4.5 No Order shall be deemed to be received by Security Trend Ltd until You receive an Order Confirmation email from Security Trend Ltd. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the Customer.
4.6 Security Trend Ltd reserves the right to offer discounts and various promotions or add taxes throughout the year. For more details on current promotions, the Customer is asked to contact us via the contact information contained herein.
4.4 By submitting an Order, You agree to be bound by the terms of this Agreement. This Agreement shall constitute a legally binding agreement between Security Trend Ltd and You for the supply of the Services described in Your Order.
5 Right to Use the Services; License Grant; Ownership.
5.1 Subject to Customer’s compliance with the provisions of the Agreement, Customer is granted a nonexclusive, non-transferable, sublicensable, revocable, fee bearing, limited right to access and make use of the Services for Customer’s purposes. Customer may sell, license (or sublicense), assign, lease, pledge, transfer, or share any of its rights under this Agreement with Customer’s users under Security Trend Ltd previous consent; (ii) Customer agrees not to alter, copy, decompile, disassemble, modify, reverse engineer of the Services and/or accompanying documentation, or grant any third party the right to do so; or (iii) violate any applicable laws or use the Services for any activities or content that is illegal under applicable law. Customer can translate the services or prepare any derivative work under written agreement with Security Trend Ltd.
5.2 All intellectual property rights evidenced by or embodied in the Services, are owned exclusively by Security Trend Ltd and its suppliers. The rights granted to Customer are limited to those expressly stated in this Agreement. No additional rights or licenses are being granted.
6. Prohibited Uses.
7. Customer Identity and Authority.
7.1 Customer will be required to provide accurate and up to date information in all electronic or hardcopy registration forms submitted to Security Trend Ltd in connection with the Services.
7.2 By accepting Services, Customer agrees not to impersonate or misrepresent in any way its affiliation or authority to act on behalf of any person, company, or other entity.
7.3 By accepting these Terms or subscribing to the Services, the Customer agents using the Services or accepting these Terms, certify that he/she/it is authorized to act on behalf of the Customer, and are authorized by Customer as a representative of an individual, business or other legal entity having contractual usage rights granted by Web Host or an Internet Service Provider (ISP) owning or licensed to use, any and all IPs and the associated Devices to which you direct the Services to be performed.
7.4 Customer agrees to cooperate with Security Trend Ltd in reasonable measures to verify the identity and authority of persons using the Services.
8. Term of Service
8.1 The services offered by Security Trend Ltd are distributed under the following license types:
8.1.1 Services for “Basic”industries or sectors
These services are intended for companies processing personal data, but not processing, on a large scale, of special categories of personal data or the processing of personal data relating to criminal convictions and offences, or when the processing of special category data is occasional.
22.214.171.124 “Basic business”subscription. This service includes all the services listed in paragraphs 126.96.36.199-188.8.131.52
plus 12 months technical support, automatic live updates to the privacy statement and plugins if the regulation
8.1.2 Services for “Sensitive business”or sectors
These services are intended for companies processing special categories of personal data on a regular basis.
184.108.40.206 The One-Off license for Privacy statement creation for “Sensitive business”. This service is intended for companies processing special categories of personal data on a regular basis, and not using any profiling of natural person software on the web sites, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes. If any profiling software is used on the Customer´s web site, it´s under Customer´s responsibility to modify the Privacy statement default text in order to reflect the personal data processing policy related to personal data obtained from the Customer´s web site visitors. Under the use of One-off license the Privacy statement text, is provided as it is and will not be a subject of any updates if the legislation changes or the Customer modifies the way of processing the personal data of his web site users.
220.127.116.11 “Sensitive business” subscription. This service includes all the services listed in paragraphs
18.104.22.168-22.214.171.124 plus 12 months technical support, automatic live updates to the privacy statement and plugins if
the regulation changes and compliance audit by Security Trend specialist.
8.1.3 Website security services subscription consisting in vulnerability scanning by port and port connections scanning, website cleaning, malware alert, security updates check and check of existence of certain files, checking versions and responses to certain requests, unnecessary services check, testing of forms and application responses, SSL/TLS encryption presence check, web application firewall and daily backup services;
8.2 Customer agrees that the Agreement shall remain in effect for as long as Customer subscribes to, or uses the Services.
8.3 Automatic Renewal. Security Trend Ltd shall automatically renew the Services for the same subscription period unless cancelled by Customer. Customer’s account will be automatically charged each subscription period in advance. Customer agrees that subscription based Services will automatically renew at the end of each subscription period, at the then current list price for the Service.
8.4 Termination of the Services
8.4.1 Customer agrees that this agreement can only be terminated by Customer after the expiration of the subscription Term, after Customer has stopped using the Services and has paid all funds owed to Security Trend Ltd.
8.4.2 Both Security Trend Ltd and Customer may terminate this Agreement immediately on written notice if the other party: ceases (or threatens to cease) to trade, has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or passes a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of the liabilities of it) or a court of competent jurisdiction makes an administration order or liquidation order or similar order, or enters into any voluntary arrangement with its creditors, or is unable to pay its debts as they fall due.
8.4.3 Security Trend Ltd can terminate this agreement at any time by giving Customer 30 (thirty) days prior written notice with or without cause, if there is a reason to believe that Customer is violating the Terms in any way, or if the Service is permanently discontinued.
9. Customer´s conduct and responsibilities
9.1 Customer will use the Services in a fair and transparent manner in accordance with the law.
9.2 It remains the exclusive responsibility of the Customer to ensure their operations are in accordance with the information provided in the Privacy statement creation wizard and that all the provided information by Customer and displayed in Privacy statement is correct.
9.3 It remains the exclusive responsibility of the Customer to ensure their responses to any data subject´s enquiries related to personal data processing by Customer are compliant with General Data Protection Regulation and Data Protection Act.
9.4 Unless the SiteSecure subscription service is used by the Customer, it remains the exclusive responsibility of the Customer to ensure its web site and electronic communication is secure.
9.5 Unless DPO365 subscription service is used by the Customer, it remains the exclusive responsibility of the Customer to ensure its organisation is compliant with the General Data Protection Regulation and Data Protection Act.
9.6 In case of non-compliance of the Templates with the law and/or activity of the Customer, the Customer is obliged to refrain from using the Service.
9.7 Security Trend Ltd shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the Customer's access credentials to Customer´s web site devices and control or any other Customer´s actions breaching Customer´s web site security.
10. Disclaimer of warranty
10.1 The services and all its contents are provided to Customer “as is”. The company makes no warranties or representations, express or implied, including, but not limited to, the implied warranties of merchantability, compliance of the Customer´s organisation to General Data Protection Regulation, Data Protection Act or any other regulations, directives or acts.
10.2 Under no circumstances will Security Trend Ltd or its affiliates be liable for any damages or injury, including any direct, indirect, incidental, consequential, punitive, special or other damage resulting from any circumstance involving the services (included but not limited to breach of security, damages or injury caused by error, defamatory, offensive or illegal content published by the Customer on the web site operated by Customer, delay in operation or transmission, error, defect, failure of performance, failed Internet connections, computer virus, troyan horse, worm or other harmful component, interruption, line failure, lost data, misdirected or redirected transmissions, omission, unauthorised use of the Customers web site.
10.3 Under no circumstances will Security Trend Ltd or its affiliates be liable for any damages or injury, including any direct, indirect, incidental, consequential, punitive, special or other damage resulting from any incorrect or misleading information provided by the Customer in the Privacy statement.
10.4 Customer also explicitly agrees that Security Trend Ltd or its affiliates shall have no liability or obligation, whether arising from contract, warranty or otherwise, for any loss of revenue, profit, data, use of time, or for any incidental, consequential, special or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by Law. This limitation applies to all claims or causes of action including but not limited to those occurring from service availability, your privacy statement content, your access and use of third party services or any other matter related to the Services.
By agreeing to these Terms, the Customer also agrees that Security Trend Ltd will collect and use Customer´s personal information in accordance with Security Trend Ltd Privacy Statement.
12. Confidentiality. Except as provided in Security Trend Ltd Privacy Statement, Security Trend Ltd and Customer agree, that for a period of one (1) year following the expiration or termination of the Services, to hold each other’s Confidential Information (as defined below) in confidence and neither party will disclose any of that information to any third party without the prior written consent of the disclosing party. The parties additionally agree to use such Confidential Information of the disclosing party only for the purpose of performing the party’s obligations of this Agreement. Further, the receiving party shall use the same degree of care it would use with respect to its own Confidential Information in order to prevent the unauthorized disclosure to a third party, but can in no event use less than reasonable care.
13. Authorization to Enter this Agreement. When requesting Services, Customer represents and warrants that he/she/it has full right, power, capacity, and authority to act on behalf of the affected parties. Customer further states that he/she/it has the needed permission with Customer’s company owner or representative, Web Host, technology team, and/or any other affected party, for creation of the privacy statement and has all the required information for the privacy statement creation, and Security Trend Ltd and its affiliates to regularly conduct remote security scans. Customer also further states that such security scans are legal in your locale. Upon request, Customer agrees to provide Security Trend Ltd any material required to verify the above- stated Customer authority and authorization.
14. Modification of Terms and Services.
14.1 Security Trend Ltd reserves the right to change these Terms from time to time. The modified Terms will be posted on this page. Customer should check this page from time to time for updates.
14.2 Customer agrees that its use of the Services after the modification will be deemed full and adequate acceptance of the modified Terms. Security Trend Ltd also reserves the right to change, discontinue or make temporarily unavailable the Services.
14.3 Any new or modified features of the Services, unless explicitly stated otherwise, are subject to these Terms.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
16. Governing Law. Any controversy or claim arising out of or relating to this Agreement, the formation of
this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort,
shall be governed by the substantive laws of United Kingdom and Wales. Any claim brought pursuant to this
Agreement shall be brought in a court of competent jurisdiction within the United Kingdom and Wales and venue
for any such claim shall be proper in the
17. Force Majeure.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.