Terms and Conditions

Effective Date: 2022-11-01

THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between AppScenic Ltd, a business organized under the laws of the United Kingdom, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).

Article 1 – DEFINITIONS:

1. A) The parties referred to in this Agreement shall be defined as follows:
2. I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
3. II) You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.

III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.

1. B) The Course details are as follows:
2. I) Course Name: “AppScenic Academy” or “Next Level Dropshipping Course”
3. II) Course Description:

This course will teach you how to start and run a successful dropshipping business.

III) Total Course Fees (“Fees”): Full pricing can be found on our website https://academy.appscenic.com/ and can change periodically.

All prices are in US dollars.

1. IV) Course URL: https://academy.appscenic.com/courses/

Article 2 – ASSENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.

Article 3 – AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Article 4 – LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.

Article 5 – COURSE TERMS:

The Course does not have a structured start date, which means you may begin it at any time.

At the completion of the Course, you will receive a certificate evidencing your participation in and completion of the Course.

The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:

1. A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
2. B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
3. C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
4. D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

Article 6 – INTELLECTUAL PROPERTY:

You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

Article 7 – CONTENT YOU POST:

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website (“User Contributions”). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Article 8 – YOUR OBLIGATIONS:

As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:

Incorporate a legal business. Create and manage an online store. Create advertising campaigns.

Article 9 – PAYMENT & FEES:

As noted above, the total Fees for the Course are currently as follows: $495 (US dollars) for the lifetime plan and $149  (US dollars) for the yearly plan if not specified otherwise here https://academy.appscenic.com/

Payment plans are available for the payment of the Course Fees. Such payment plans are structured as follows (if no promotion/offer is currently running): $149(US dollars) yearly

Article 10 – ACCEPTABLE USE:

You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.

1. a) You further agree not to use the Course or the Website:
2. I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
3. II) To violate any intellectual property rights of the Course Provider or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

1. IV) To perpetrate any fraud;
2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

Article 11 – AFFILIATE MARKETING & ADVERTISING:

We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

Article 12 – NO LIABILITY:

The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.

Article 13 – REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
2. b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Article 14 – DATA LOSS:

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.

Article 15 – INDEMNIFICATION:

You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.

Article 16 – SPAM POLICY:

You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 17 – MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Article 18 – ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Article 19 – SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Article 20 – TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

Article 21 – NO WARRANTIES:

You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.

Article 22 – LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Article 23 – GENERAL PROVISIONS:

1. A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
2. B) GOVERNING LAW: This Agreement shall be governed by the laws of the UK, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only.
3. D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
4. E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
5. F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
6. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
7. H) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
8. I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
9. J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].

Privacy Policy

Your privacy is our priority!

LET’S INTRODUCE OURSELVES!

Our organization makes the website academy.appscenic.com. Our application is available on Shopify, Capterra, Trustpilot and other providers.

Company: APPSCENIC LTD, a UK limited liability company, doing business as AppScenic – Data collector

Headquarters: 35 Westegate, Huddersfield, North Yorkshire, HD1 1PA, UK; Email address: [email protected]

1. APPSCENIC PRIVACY POLICY – PRINCIPLES AND PURPOSE

Correct information about our users and their personal data safety is very important for us.

We are going to explain, in detail, hereinafter, our privacy policy.

This privacy policy discloses the privacy practices for Academy.AppScenic.com (the “website”), including AppScenic’s policies on the collection, use, and disclosure of information, purpose, access and update of your personal information in connection with your use of the site and what are your rights in this relationship.

Please take the time to thoroughly read this Privacy Policy and all our information about our activity of collecting or processing personal information in order for you to be fully aware of how and why we are using your information. This Privacy Policy is intended to be read together with the other policies that we provide under the law.

When you access or use the website or the services we provide (under appscenic.com or any of its subdomains *.appscenic.com), you agree to the terms and conditions of this Privacy Policy.

Personal data is any information about a person that is able to determine, directly or indirectly, the identification of the respective person. That includes the name, any number of identification, any information about his home address, location, or any other online means to identify, such as accessing an internet device, IP address, or information collected through cookies.

In this process of collecting and using your personal data, we took all technical measures in order for you to agree to our policies by being fully aware of the consequences of your commitment. Thus, we use ISO 27001, CyberEssentials and PCI DSS that assure high standards of protection of our users. 3. THE PURPOSE OF ASKING FOR YOUR PERSONAL DATA

Our aim is an educational one as well as a commercial one in order for us to maintain you fully informed with our offers by fully complying with the European Regulation concerning personal data (GDPR).

Our privacy policy gives you information on how we collect and process your personal data through your use of the website, App, and the services we provide, including any information you may provide when you sign up for a demo of our services, when you create an account or a profile with us, when you purchase or use our services, when you submit updates, when you search for or use our website or App, when you contact our customer service, when you respond to one of our demands for suggestions, when you subscribe to our email alerts when you take part to our chats, public forums or surveys and other forms of interplay. 4. OUR SERVICES SHOULD NOT BE USED BY CHILDREN UNDER 16 YEARS OLD

Please take into consideration that the website, App, or services are not intended for children under 16 years old. Do not use or provide any information on the website, App, or services, or any other use of our services if you are under 16! If we learn that we have collected unknowingly, by any means, personal information from a child under 16 without verification of parental consent, we will immediately delete that information. Please contact us if you know that we have received any information from or about a child under 16. 5. APPSCENIC ACTS AS CONTROLLER AS WELL AS PROCESSOR

As long as AppScenic collects information about you due to the use of our provided services, AppScenic acts as the controller and is responsible for your personal data. If AppScenic holds information about you due to its presence in content uploaded by our customers, we act as a processor on behalf of such customers and the terms of this privacy policy will not apply to such information. 6. CHANGES ON OUR PRIVACY POLICY WILL BE NOTIFIED TO YOU

The present content of this Privacy Policy has been uploaded on July 21, 2021. AppScenic reserves the right to change this Privacy Policy at any time as long as we immediately inform on the website about the changes made. You will be informed about the new content and the date of the modification of the terms of the policies so that you will be able to understand quickly what are the changes we have made. 7. YOUR DUTY TO INFORM US CORRECTLY ABOUT YOUR PERSONAL DATA

Under the law, you have the obligation to inform us correctly about your personal data and also, in order to keep our relationship efficient, it is important that you inform us in due time about the changes in your personal data.

AppScenic uses links to third-party websites, plug-ins and applications. By accessing the links you may allow third-parties to collect or share information about you. AppScenic has no control of these third-parties websites therefore we are not responsible for their privacy policies.

You can contact us at this email address: [email protected] and we shall provide to you all the information that we collected about you. Also, upon your request, we shall delete all information that we have collected about you.

If you are under the European Union Regulation, please note that you have the right to file a complaint at any time to your local supervisory authority for data protection issues. Nevertheless, please give us the chance to deal with your problems before you complain to the authority as we are fully committed to deal and quickly solve any of your concerns.

2. DATA APPSCENIC COLLECTS ABOUT YOU

We collect all personal data as has been mentioned above at point I.A. It does not include data that cannot be related to an identifiable person.

AppScenic may collect, use, store and transfer different kinds of personal data about: 

•  Identity Data: first name, last name, username, or similar identifier;
• Contact Data: email address and telephone numbers, billing address and delivery address;
• Financial Data: payment card details;
• Transaction Data: details about payments to and from you and other details of services you have purchased from us;
• Technical Data: your login data, browser type and version, internet protocol (IP) address, your mobile device’s unique ID number time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website or on which the App is installed and used;
• Profile Data: your username and password, purchases or orders made by you, your location, preferences, feedback and survey responses;
• Usage Data: data about how you use our Website, App, other App(s) and Services, such as the buttons, controls, products and ads you click on, pages of our App or Website that you visit, the time spent on those pages, your search questions, the dates and times of your visits or use, but also about the products that you are tracking through the App and Service, how many times  you use those products, and other related data regarding such usage by you;
• Marketing and Communications Data: your preferences in receiving marketing from us and our third-parties and your communication preferences. AppScenic collects, uses and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be obtained from your personal data but is not considered personal information under the provisions of the law if this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Also, we do not collect any data about criminal convictions and offenses.  If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities

If you fail to provide personal information.

We need to collect personal information by law, or under the terms of a contract we have with you. If you do not provide that information when requested, we may not be able to perform the contract we have or are trying to conclude with you. In this situation, we may have to cancel a service you have with us, but, at that time, we will notify you if this is the case.

3. HOW APPSCENIC COLLECTS YOUR PERSONAL DATA 

We use different methods to collect data from and about individuals:

• Direct interplay by you

You may give us identity, contact and banking data by filling in forms, linking through your account or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide or allow to access when you:

• create an account and profile with us;
• buy one of the services;
• subscribe to our email alerts;
• fill in one of our online forms to receive our reports and case studies;
• sign up for a demo of our services;
• apply for marketing to be sent to you;
• download or otherwise access one of our magazines, videos, e-books;
• contact our customer service;
• provide us some feedback.

4. HOW APPSCENIC USES YOUR PERSONAL DATA 

We will only use your personal information when the law allows us to. Mostly, we will use your personal data in the following situations:

• when we have to execute the contract we have concluded or we are about to conclude.
• when it is necessary for our legitimate interests or those of a third-party and your interests and fundamental rights do not pass over those interests.
• when we need to respect the law or other regulatory provisions.

Lawful grounds that we will recline upon to process your personal data are: 

• Legitimate Interest – this means the interest of our business in managing our business to be able to assure you the best service and most secure experience. AppScenic is committed to protecting you against any potential impact on you and your rights before we process your personal data for our legitimate interests. Unless we have your consent or are otherwise required or permitted by law, we do not use your personal information for activities where our interests are passed over by the impact on you. We are at your disposal if you need to find out more about how we assess our legitimate interests against any potential impact on you
• Execution of Contract – this means processing your information where it is necessary for the execution of a contract to which you are a party or to take steps at your request before entering into such a contract.
•  Comply with a legal or regulation mandatory provision – this means processing your personal data in respect of the law and regulations applicable in the case.
• Consent – this means you have consented to our use of data in this manner.

We may ask for your express consent for certain uses, and you are free to withdraw that consent at any time. Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

• Purposes for which we will use your personal information 

We have determined a description of all the ways we plan to use your personal information, and which of the legal bases we recline upon to do so. It is important to know that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your information. Feel free to contact us for any questions related to the list below.

• Purpose and information of the activity type 

Lawful grounds for processing including basis of legitimate interest to register you as a new customer: 

a. Identity; b. Contact.

Execution of a contract with you to allow your use of the service: a. Identity; b. Technical; c. Contact; d. Financial; e. Transaction. 

Performance of a contract with you to process and deliver your order including: 

a. Manage payments, fees and charges.

Collect and recover money owed to us: 

a. Identity; b. Contact; c. Financial; d. Transaction e.

Marketing and Communications:

a. Performance of a contract with you;

b. Necessary for our legitimate interests (to recover debts due to us).

In order to manage our relationship with you we should be able to conclude and execute a contract with you: 

a) Notifying you about changes to our terms or

b) Necessary to comply with a legal obligation Privacy Policy c) Necessary for our legitimate;

d) Asking you to leave a review or take a survey interest (to keep our records updated and to study how customers use our services).

To enable you to partake in a prize draw, competition, or complete a survey:

a. Identity;

b. Contact;

c. Profile;

d. Marketing and Communications;

d. Usage.

Marketing and Communications: 

a. Performance of a contract with you;

b. Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business).

To administer and protect our business and this Website and App including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data: 

a. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise);

b. Necessary to comply with a legal obligation.

To use data analytics to improve our website, services, customer relationships and experiences:

a. Identity;

b. Contact;

c. Technical.

Necessary for our legitimate interests to define types of customers for our services, to keep our Website and Mobile App updated and relevant, to develop our business and to inform about our strategy.

To make suggestions and recommendations to you about services that may be of interest to you:

a. Technical b. Usage (a. Identity; b. Contact; c. Technical; d. Usage; e. Profile)

Necessary for our legitimate interests to develop our services and grow our business or where have otherwise consented to such usage.

• Marketing

We established a system in order to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. You have the possibility to opt out of receiving any further marketing or advertising emails from us through the mechanism provided to you. We may send you targeted advertising through the service.

• Promotional offers from us

We may use your identity, contact, technical, usage and profile data to form a view on what you may want or need, or what may be of your interest. This is how we decide which products, services and offers may be relevant for you. We will send to you marketing communications, at your express request. If you bought services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing, you will get a promotional offer from us.

• Third-party marketing

We will get your express opt-in consent before we share your personal information with any company outside our company for marketing purposes. That includes service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisements to you.

• Opting out

At any time, you can demand us or third-parties to stop sending you marketing messages by contacting us the moment you decided it. Even if you opt out of getting these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.

• Cookies (website only)

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, take in consideration that some parts of this Website may become inaccessible or not function properly. For more information about the cookies please click here.

• Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at [email protected]. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA BY US OUTSIDE OF THE SERVICES 

We may have to share your personal information with the parties set out below for the purposes set out in the table in paragraph 4 above. Third-Party categories :

• Service providers who provide IT and system administration services;
• Social networking sites to which you have linked your account;
• Professional advisers including lawyers, bankers, auditors and insurers based outside UK and EU, mainly in USA, who provide consultancy, banking, legal, insurance and accounting service;
• Regulators and other government authorities, acting as processors or joint controllers based in Canada, the United States, UK and in the EEA who require reporting of processing activities in certain circumstances;
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.

We require all third-parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

6. INTERNATIONAL DATA TRANSFERS

All international data transfers are subjected to the provisions of the EU Decision 2021/915 of 4 June 2021 on the standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.

Any transfer of data to a third country or an international organisation by our processors is done only on the basis of documented instructions from the AppScenic or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.

We share your personal data within our company and to our third-party service providers such as Amazon Web Services or other providers. This could determine transferring your information internationally, including without limitation, if you are based in the European Union, transferring your data outside the European Economic Area (EEA). Many of our external third-parties are also located outside the European Economic Area (EEA) so their processing of your personal data will imply a transfer of information outside the EEA. We have established a similar degree of protection with suitable safeguards for the transfer of your personal information out of the EEA thus complying with the GDPR requirements. You may contact us at any time if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 7. DATA SECURITY 

We have implemented adequate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Also, we limit the access to your personal data to those employees, agents, contractors and other third-parties who have a business need to know. They will only process your personal data in accordance with our specific instructions, being subjected to a duty of confidentiality. We have implemented procedures to deal with any personal data breach. In this situation, you will be immediately notified of the breach, together with any applicable regulator, in accordance with our legal obligations.

8. DATA STORAGE 

We will only store and use your personal data for as long as necessary to fulfil the purposes we collected it for. This comprises also the reaching of the purposes of satisfying any legal, accounting, or reporting requirements. The suitable retention period for personal data is determined by several factors: the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In accordance with the law, we have to store basic information about our customers relative to contact, identity, financial and transaction data for six years after they stop being customers for tax and other legally required purposes. In some circumstances, you can ask us to erase your data. In other, such as research or statistical purposes, we may anonymize your personal data so as to eliminate any association with you in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS 

You have rights under data protection laws concerning your personal information. You may have the right to:

• Request access to your personal information – “data subject access request”). This permits you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This allows you to have any incomplete or inaccurate information we store about you corrected after verification of the correctness of the new information you provide to us.
• Request to delete your personal information. This gives you the possibility to ask us to remove personal information as long as there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. It is important to be aware that we may not always be able to comply with your request of deleting all data about you that we store because of specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data in case we are relying on legitimate interest or those of a third party and there is something about your particular situation which makes you want to oppose processing on this ground as you consider it affects your fundamental rights and freedoms. You also have the right to object if we are processing your personal data for direct marketing purposes. We may find ourselves in a situation that proves that we have compelling legitimate grounds to process your information which passes over your rights and freedoms.
• Request restriction of processing of your personal data. As a result, you may ask us to suspend the processing of your personal data in the following scenarios:
  • (a) if you want us to determine the information’s accuracy;
  • (b) our use of the information is unlawful but you do not want us to erase it;
  • (c) you need us to hold the information even if we no longer demand it as you need it to establish, exercise or defend legal claims;
  • (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
• Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
• If you wish to exercise any of the rights set out above, please contact us using the details set out above.

No fee is usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Effective date: November 1, 2022