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Thank you for visiting our Site - Last Updated : 15 Mar 2022 - Version 1
ANNEX A – ADDITIONAL TERMS
DATA SHARING TERMS
3. In these Data Sharing Terms the following words and phrases shall have the following meanings, unless inconsistent with the context or as otherwise specified:
"Data Protection Legislation" means all laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security, integrity and protection of Personal Data in force from time to time in those parts of the world in which the parties operate and/or Process Personal Data (either directly or through a third party);
"Data Controller", "Personal Data" and "Process/Processing" shall be interpreted in accordance with applicable Data Protection Legislation; and
"Individual Data" means any and all Personal Data relating to the data subjects as provided by Mindsprint, whether on or through the Site or otherwise, including non-Personal Data that may, in combination with any other data made available on the Site, amount to Personal Data.
“parties” means you and Mindsprint and “party” means either you or Mindsprint, as the context so requires.
“SCC” means the European Commission’s standard contractual clauses for the transfer of Personal Data from the European Union to processors established in third countries (Data Controller-to-Processor transfers), as set out in the Annex to Commission Decision 2010/87/EU.
4. Mindsprint shall retain ownership of Individual Data shared with you regardless of the right to access and use granted to you and you shall not use Individual Data without Mindsprint’s express written permission or in a manner inconsistent with any such permission granted to you. Further, when using Personal Data and/or Mindsprint Data, you shall clearly attribute the source of such Personal Data and/or Mindsprint Data if requested by Mindsprint in a manner approved by Mindsprint.
6. You shall undertake to procure all necessary consents from the relevant data subjects and Mindsprint for use of Individual Data by you for purposes beyond the current Permitted Use. If you wish to confirm whether a proposed use is a Permitted Use or wish to obtain additional consents, you may contact us and inquire accordingly.
7. You acknowledge that the Individual Data has been collected in a lawful manner in accordance with applicable Data Protection Legislation, Mindsprint’s Privacy Statement and any personal information collection notice provided to data subjects, a copy of which shall be provided to you upon request.
9. Each party acknowledges, as independent Data Controllers, that they may respectively use third party Processors to process Personal Data in connection with the Permitted Use. In doing so, you shall comply with Mindsprint’s Privacy Statement and will ensure that any third party Processors, authorised by you to process any Individual Data are subject to appropriate confidentiality obligations, will comply with their obligations as Processors under applicable Data Protection Legislation and will promptly notify you (who shall promptly notify Mindsprint) in the event of a data breach.
10. Each party shall promptly provide the other party such reasonable cooperation, information and assistance as required from time to time to enable such other party to comply with its obligations under applicable Data Protection Legislation.
11. The parties shall not knowingly perform their obligations under these Data Sharing Terms in such a way as to cause the other party to breach any of its obligations under applicable Data Protection Legislation.
12. Each party shall at all times have in place appropriate technical and organisational security measures so that Individual Data is protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.
13. If any party is provided with anonymised Individual Data, that party will not attempt to reverse-engineer, recreate, combine with any other dataset, or otherwise reidentify any data subject from the anonymized Individual Data.
14. Where you are established in the United Kingdom or the European Union or are otherwise bound by the General Data Protection Regulation 2016/679 (GDPR), you will not (and will not permit your contracted Processors to) transfer or otherwise process Individual Data outside the European Economic Area (EEA) unless it complies with section 9 above, the GDPR and any other applicable Data Protection Legislation.
15. If any Individual Data transfer between Mindsprint and you legally requires execution of SCC in order for Mindsprint or you to comply with applicable Data Protection Legislation, the parties will complete and execute the SCC and take all other actions required to legitimise the transfer.
16. Each party will be liable to the other party for damages it causes by any breach of these Data Sharing Terms. Liability as between the parties is limited to actual damages suffered. Indirect or consequential losses, loss of profits, loss of reputation and punitive damages are specifically excluded. Each party will be liable to data subjects for damages it causes by any breach of third-party rights under these Data Sharing Terms.
17. Without prejudice to any rights that have accrued under these Data Sharing Terms or any of its rights or remedies, either party may terminate these Data Sharing Terms with immediate effect by giving written notice to the other party if the other party commits a breach of these Data Sharing Terms.
19. No waiver of any breach of any provision of these Data Sharing Terms or performance obligations hereunder shall be effective unless specifically made in writing.
ANNEX B – ACCEPTABLE USE POLICY
1. PROHIBITED USES
You may use the Site only for lawful purposes.
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors, or any individual, in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer hardware or software.
You also may not:
Access without authority, interfere with, damage or disrupt: (i) any part of the Site; (ii) any equipment or network on which the Site is stored; (iii) any software used in the provision of the Site; or (iv) any equipment or network or software owned or used by any third party.
2. CONTENT STANDARDS
These content standards apply to any and all material which you send through or contribute to the Site (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter and these standards apply to each part of any Contribution as well as to its whole.
Be genuine and well-intentioned;
Be accurate (where they state facts);
Be genuinely held (where they state opinions); and
Comply with Applicable Law.
Contributions must not:
Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
Be likely to deceive any person;
Be made in breach of any legal duty owed to a third party;
Promote any illegal activity;
Be threatening, abusive or invade another person’s privacy, cause annoyance, inconvenience or needless anxiety, or place (or potentially place) any individual in physical danger or harm;
Be likely to insult, harass, upset, embarrass, alarm or annoy any other person;
Be used to impersonate any person or to misrepresent your identity or affiliate with any person;
Give the impression that they emanate from us if it is not the case;
Refer to or promote any third party companies or products;
Make any endorsements;
Offer to sell or buy any goods or services; or
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use the Site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
Issue a warning to you;
Commence legal proceedings against you for reimbursement of all costs, damages and losses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
Take further legal action against you; and/or
Disclose such information to law enforcement authorities as we may deem necessary.
We exclude all liability, to the extent permitted by law, for actions taken in response to breaches of this Acceptable Use Policy. The responses described in the Acceptable Use Policy are not limited, and we may take any other action as we reasonably deem appropriate.
4. CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time. It is your responsibility to periodically review this Acceptable Use Policy for any updates, which shall come into effect upon publication. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site.