Terms and conditions

Last Updated: 10th of February 2025

Definitions

Business Day = Monday-Friday, excluding Romanian legal/bank holidays

Business Hours = 8 AM to 5 PM CET (Central European Time)

Effective Date = the earlier of:

• The date when Client creates an account and accepts these Terms;
• The date when Client first uses any part of the Service;
• The date specified in the order form signed by both parties, if applicable;
• The date when Client makes the first payment for the Service, if applicable.

For the avoidance of doubt, if Client has multiple accounts or orders, each may have its own Effective Date.

License = may refer either to a paid or to a free/trial license for the Product.

Product/Service = Software Omniconvert, representing a web-based application that offers tools and mechanisms for the conversion optimization process, customizing the messages offered to its visitors, depending on various parameters acquired by the application with reference to them, may perform polls and an efficient analysis of the marketing channels.

Owner/Provider = Omniconvert SRL, a Romanian limited liability company, VAT Code: RO 31411197, Registration no. in the Trade Registry: J40/3841/2013, Headquarters: 14 Vasile Stroescu street, District 2, Bucharest, Romania, Poscode: 021374, Share capital: 10.000 RON, email: [email protected].

Client/You = a legal entity, the user of the Product, as specified in this Agreement.

Agreement = this License Agreement entered into by You and the Owner. These Terms and Conditions may be accompanied by a separate agreement governing the provision of the Product and/or other services or products. In the event of any inconsistency between these Terms and Conditions and the provisions of such a separate agreement, the terms of the separate agreement shall prevail.

Package = license versions, differentiated depending on the term of license and volume of services included in the respective version, as mentioned here.

This Agreement refers to the use of the Product and to any update or change to the application supplied to you together with the taken over license. By accessing the account, by installing, purchasing or using the Product in any way you acknowledge that you have fully understood and accepted the terms of this Agreement.

This Agreement is a legal agreement entered between You, either an individual or a legal entity, and the Owner for the use of the Owner’s Product as identified above. All these are protected by the Romanian and international copyright laws and/or treaties. By installing, copying or otherwise using the Product, you agree to be bound by the terms of this Agreement.

Limitations/ Prohibited Activities

The Provider reserves the right to suspend or terminate access to the Product/Service if Client's use:

(a) Involves illegal activities under Romanian, EU or international laws;

(b) Relates to products or services in the following categories:

- Adult entertainment or pornographic content

- Gambling or betting services

- Products or services promoting hate speech or discrimination

- Illegal substances or products

- Any other activities prohibited by applicable laws

(c) Creates security risks to the Service or other clients;

(d) Violates third-party intellectual property rights.

In case there is a possibility for remedial action, the Provider may provide a written notice specifying the violation and allow a 5 business days term to remedy such violation before termination. The Service shall be terminated in case the violation is not remedied in the specified term.

The Client may appeal the termination within 5 business days, in writing to [email protected]. The Provider shall consider Client's written details and shall respond within 15 business days. During appeal, Client's data shall be preserved. 

License

The Product is protected by the applicable Romanian, EU and international copyright laws and treaties.

The Provider grants Client a non-exclusive, limited, non-transferable license to:

(a) Use the Service

(b) Access and utilize all features included in relevant subscription tier

(c) Interface with authorized third-party services, if applicable.

The Owner reserves all other rights over the Product. Unless applicable law gives You more rights despite the limitation of the present Agreement, You may use this Product only as expressly permitted in this Agreement. The time of execution of this Agreement is the time when you have confirmed the acceptance of the Agreement by creating an account. Where You electronically send the acceptance of the firm offer to contract made by the Owner, the latter will confirm receiving such acceptance by sending a return receipt by electronic mail at the address indicated by You when you initially accessed the Product.

License Restrictions

Client shall not:

(a) Sublicense, sell or distribute the Service

(b) Modify or create derivative works

(c) Reverse engineer the Product

(d) Use the Service to create competing products

(e) Exceed usage limits in the subscription tier

License Term and Termination

(a) The License granted under this Agreement commences on the Effective Date and remains in effect for the applicable subscription period.

(b) Terminates automatically if:

- Client breaches material terms, as specified in these terms and conditions

- Subscription expires without renewal.

(c) Additionally, either party may terminate this Agreement if the other party Fails to cure any material breach of this Agreement (including failure to pay fees) within thirty (30) days after receiving written notice. The termination shall be effective upon the expiration of the relevant term, without the need for court intervention or any other formalities. This is without prejudice to any other provisions in this Agreement that may specify different termination rights or conditions.

Upon termination, access rights cease immediately.

Term of the Trial license

The Owner grants You the following personal, non-exclusive, limited, non-transferable license, for good and valuable consideration, which cannot be sub-licensed, in order to use for personal purposes the Product for 30 days, in accordance with the selected Package.

You will benefit from certain rights of use of the Product during the license period, which will only become effective on the first day of installation of the Product.

You will benefit from certain rights of use of the Product during the license period, which will only become effective on the first day of installation of the Product and will remain effective throughout the license, in accordance with the purchased Package.

The Product will be automatically deactivated at the end of the license period. After the deactivation, you will no longer have access to the stored information, prior results and obtained services.

Other Trial Licenses may be granted under the purchased Package, which will be subject as such to the provisions of this Agreement.

Product takeover

By accepting the terms and conditions of this Agreement you agree to take over the Product. For these purposes, you need an email and a password. An account will be created for you on the basis of this information.

The previous installation of a script–code line in the source code of your website is required.

The executed Agreement, if applicable, will be stored by the Owner and will be subsequently available to you at request.

Services and Liability

Service Level Agreement (SLA)

(a) Service Availability: 99.9% uptime guarantee

(b) Excluded from calculation:

- Scheduled maintenance

- Force majeure events

- Client-caused outages

Technical Support

Depending on the selected Package, the Owner may offer certain technical assistance/support services during the License in respect of the Product, as follows here. Support may be limited or unavailable for Clients in payment default.

Response Times and Updates for paid plans and trial Clients

- Critical Issues: Initial response within 2 Business Hours; updates every 6 Business Hours

- High Priority Issues: Initial response within 4 Business Hours; updates every 12 Business Hours

- Normal Priority Issues: Initial response within 8 Business Hours; updates every 16 Business Hours

- Low Priority Issues: Initial response within 12 Business Hours; updates every 24 Business Hours

The response times mentioned above are calculated during our standard support hours, which are provided only on Business Days during Business Hours. Issues reported outside these hours are addressed when customer support resumes.

The response times mentioned above are calculated during our standard support hours, which are provided only on Business Days during Business Hours. Issues reported outside these hours are addressed when customer support resumes.

Issue Definitions

With respect to the above:

Critical Issue shall mean an issue that results in:

• Complete Service unavailability for all users
• Data loss or data corruption
• Security breach or unauthorized access
• Complete failure of core features affecting all Client’s users
• System-wide performance degradation making the Service unusable

Examples include but are not limited to:

• Service completely down
• Unable to login across all browsers/devices
• Data breaches

High Priority Issue shall mean an issue that severely impacts Client’s operations but have either:

• A temporary workaround available, or
• Affect only certain critical features.

Examples include but are not limited to:

• Major features not functioning for the majority of Clients
• Significant performance degradation
• Integration failures with critical third-party services
• Incorrect data processing but without data loss

Normal Priority Issue shall mean an issue that:

• Impacts individual features or functions
• Has acceptable workarounds available
• Affects a limited number of client
• Does not affect core functionalities

Examples include but are not limited to:

• Non-critical feature malfunctions
• Minor UI/UX issues affecting functionality
• Performance issues affecting specific features
• Documentation inconsistencies causing confusion
• Non-critical integration issues

Low Priority Issue shall mean an issue that:

• Is cosmetic in nature
• Creates a minor inconvenience
• Has an easy workaround
• Does not impact core functionalities of the Product

Examples include but are not limited to:

• Minor visual bugs
• Feature enhancement requests
• Documentation updates
• Non-urgent questions
• Optimization suggestions

Priority Level Determination

(a) Initial priority level is set by Client when reporting the issue

(b) Provider sets the priority level based on impact

(c) In case of disagreement, parties shall discuss in good faith to determine the appropriate priority level

(d) Priority levels may be adjusted during issue resolution based on:

• Discovery of additional impact
• Implementation of temporary workarounds

Liability

The Owner will not be liable for any scenario, conversion or parameter that You have created, provided or inputted into the database of the Product. Even if the version received by You contains certain predefined scenarios ("templates") and a set of predefined messages, the Owner assumes no liability for the results obtained pursuant to the use of such scenarios or messages.

The Owner has no obligation to censor in any way the information or messages created by You and hosted by the Owner’s. If the Owner believes that the messages created by and belonging to You are harmful to the moral and legal rules, the Owner may censor their content and refuse to host such messages.

The Owner may modify the Product without prior notice, may terminate the license or limit the access thereto by You or any other user.

The Owner may permanently or temporarily limit the access to the Product at its convenience, without prior notice and without assuming any liability, if the Owner believes that You have infringed the provisions of this Agreement.

You have available the following technical means in order to identify and correct the errors occurred upon the data inputting: http://help.omniconvert.com

Force Majeure

Neither party is liable for failures caused by:

(a) Natural disasters

(b) War or civil unrest

(c) Power or internet failures

(d) Government actions

(e) Other events beyond reasonable control.

Fees

The License is granted to You against the payment of a fee. If you have entered into this Agreement, you understand that you are subject as well to the Price List. That You can access here. The Owner has the right to add new services against the payment of a fee, or additional taxes and rates, or to change the current prices and fees, at any time, with a 30 days prior notice. Late payments incur 0.1% daily interest.

If the Owner elects to suspend or terminate this Agreement, you understand that no sum paid in relation to the period while You used the Product will be refunded.

All the taxes, charges and fees related to Your payments made by debit or credit cards, through a bank account or any other methods will be in charge of You.

Product Upgrades

The updates and upgrades of the Product will be performed, in accordance with the selected Package, free of charge by the Owner, and You will not have the right to refuse the installation thereof.

Intellectual Property Rights

All rights, title and interest in and to the Product, including all associated copyrights (such as code, images, photos, logos, animations, video, audio content, music, text and algorithm), as well as any accompanying printed material and any copies, are the exclusive property of the Owner. The Owner and the Product are protected under the applicable Romanian, EU and international copyright laws and treaties. Accordingly, You have to treat the Product as any other copyrighted material.

You are not permitted to sublicense, rent, sell, lease, share the Product license.

Additionally, You may not reverse engineer, decompile, disassemble, create derivative works, modify, translate or otherwise attempt to access the source code of the Product.

By accepting this Agreement, You grant the Owner the right to display the Owner’s logo on Your website free of charge for the duration of the license.

Limitation of Warranty

Without limiting the provisions of the Service Level Agreement (SLA), the Owner does not warrant that the Product is free from any operational defects. The Owner also does not warrant uninterrupted of error-free operation, nor that any errors can be corrected. Furthermore, the Owner does not warrant that the Product will fully meet Your requirements.

Unless otherwise explicitly agreed in this Agreement, the Owner makes no other warranties, express or implied, referring to the Products, improvements, maintenance or support related thereto, or to any other provided materials (tangible or intangible). The Owner assumes no liability, or gives no implied warranties and terms, including without limitation implied warranties of merchantability, warranties for any damages or losses caused by force majeure, discontinuation of works, loss of data, errors or defects of the devices, warranties of fitness for a particular purpose, warranties of title, non-interference, accuracy of data, information content, system integration or non-infringement by filtering of any third party rights, the deactivation or removal of their software. The afore-mentioned provisions will be enforced in accordance with the applicable law.

Damage Liability Waiver. Limitation of Liability

Any person who uses, tests or evaluates the Product assumes the risk related to its quality and performance. The Owner assumes no liability in any case whatsoever for any damages, including without limitation direct or indirect damages caused by the use, performance or delivery of the Product, even if the Owner has been advised of the existence or possibility of such damage.

The aggregate total liability of the Owner towards You for any cause of action related to or arising from the Services shall always be limited to the fees and expenses paid by You to the Owner under this Agreement during the three (3) months immediately preceding the date on which the event giving rise to the claim occurred, but no more than You have paid in total.

To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, but not limited to, tort, contract, or strict liability) shall the Owner be liable for any loss of production, loss or corruption of software or data, loss of profits or contracts, loss of business or revenue, loss of operational time, loss of goodwill or reputation, or any losses arising from events beyond the Owner’s reasonable control, whether directly or indirectly caused. The Owner shall also not be liable for any indirect, special, incidental, punitive, or consequential loss, damage, cost, or expense of any kind.

The above limitations shall not apply to loss or damage resulting from gross negligence or willful misconduct.

The foregoing exclusions and limitations will apply whether or not you agree to use, evaluate or test the Product.

The Owner assumes no liability for the information collected, received or synthesized by the Product or for the results of the Product. This information is Your property, the Owner may only perform operations using such information. You have the obligation to comply with the laws concerning the obtaining, storage or sending such information to the Owner.

Some jurisdictions do not allow the exclusion or limitation of indirect, incidental or consequential damages, so certain parts of this limitation may not apply to You.

Indemnity

You agree to indemnify and hold the Owner, along with its subsidiaries, officers, directors, employees, and partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from (i) Your breach of this Agreement, (ii) Your use of the Services (including any actions taken by a third party using Your account), or (iii) Your violation of any law or the rights of a third party.

In the event of such a claim, suit, or action (“Claim”), the Owner will make reasonable efforts to provide notice to You using the contact information associated with Your account. However, failure to deliver such notice shall not eliminate or reduce Your indemnification obligations under this Agreement.

Consent for Electronic Communication

The Owner may need to send you legal notices and other communications referring to the services of subscription to the Product and its maintenance, or the use of information that you make available to us (the "Communications"). The Owner will send communications via email. By expressing your consent on the content of this Agreement you accept to receive solely electronic communications.

Data Collection Technologies

The data provided by You (name, e-mail address, password) will, if collected, be used solely for the purposes of performing the subject matter of this Agreement. Your data or of the results obtained by using the Product will be used only on the basis of Your consent. You will be solely liable for the use of the password related to this application. The Owner will not be liable if the identification data given solely to You will be used by third parties not authorized by You. The Owner performs no other verification of the user who connects to the Product application by inputting the account name and password, and requests modifications, conversions or any other operation.

Integration with other services

Omniconvert does not access, store or use in any way data from the services is integrated with, such as Google Analytics, Kissmetrics, Mixpanel, Hotjar or others.

Confidentiality

Definition of Confidential Information

"Confidential Information" includes, but is not limited to, any and all non-public information related to a party’s business, including specific business details, security information, technical processes and formulas, software, product designs, sales data, costs, price lists, unpublished financial information, business plans, marketing data, and any other proprietary or confidential information, whether or not explicitly marked as confidential or proprietary.

Obligations of Confidentiality

Each party agrees to use the other party’s Confidential Information solely as necessary to fulfill its obligations under this Agreement. Each party shall take all reasonable precautions, at least equivalent to those it applies to protect its own confidential information, to prevent unauthorized duplication, disclosure, or use of such Confidential Information, except:

(i) where disclosure is made to its employees, agents, or subcontractors who require access to fulfill the party’s obligations under this Agreement, provided such individuals or entities are bound by confidentiality obligations at least as stringent as those set forth herein; or

(ii) where disclosure is required by applicable law, regulation, or court order, provided that, if legally permitted, the receiving party will promptly notify the disclosing party and use commercially reasonable efforts to ensure that such disclosure is treated as confidential.

Exclusions from Confidential Information

Confidential Information does not include information that the receiving party can demonstrate:

(i) was already publicly available or known to the receiving party at the time of disclosure;

(ii) was independently developed by the receiving party without reference to or use of the disclosing party’s Confidential Information and without breaching this Agreement; or

(iii) was lawfully obtained by the receiving party from a third party without breach of any confidentiality obligation.

General

This Agreement will be governed by the laws of Romania and by the international copyrights laws and treaties. The Romanian courts will have exclusive jurisdiction and venue in respect of any disputes which might arise out of this License Agreement.

If any part of this Agreement will be deemed invalid, the validity of the remaining parts hereof will not be affected.

This Agreement comprises certain legal rights. The laws of your state or country may confer other rights. At the same time, you may have other rights referring to the party from which you purchased the Product.

The Product and its symbol are registered trademarks of the Owner. All the other registered trademarks used within the Product or related materials are the property of their legal holders.

The license will be canceled immediately, without notice, if you default any of its terms or conditions. In the event of the license cancellation, you will not be entitled to the refund of any amounts paid to the Owner or any of its distributors. The terms and conditions pertaining to confidentiality and restrictions of use will survive the cancellation of the license for any reason.

The Owner may revise these terms at any time, and any revised terms will apply automatically to the corresponding software versions of the Product. This Agreement is concluded in English.

Complaints

You may submit any complaints about the Product to 14 Vasile Stroescu street, District 2, Bucharest, Romania, Postcode: 021374 or by email at [email protected].

Omniconvert Reveal – Terms and Conditions

v1 from 18.11.2020

1. GENERAL TERMS

1. This document contains the terms and conditions for using the Omniconvert Reveal Service (hereinafter referred to as "Terms and Conditions"). Omniconvert Reveal is a retail data analytics software that helps ecommerce businesses understand, monitor and leverage their customer data.
2. Within the meaning of the present Terms and Conditions:
   • “Omniconvert Reveal” software or “Service” hereinafter refers to access to Omniconvert Reveal as defined at https://www.omniconvert.com/reveal/, available directly or via an ecommerce platform (such as Shopify, Magento etc.) as an add-on application/extension, or through performing a custom integration, by generating some data feeds or using the API;
   • "Provider" or “Omniconvert” hereinafter refers to Omniconvert SRL, VAT ID: RO 31411197, J40/3841/2013 Address: Str. Vasile Stroescu nr 14, District 2, Postal code: 021374, Bucharest, Romania, Social capital: 10.000 RON
   • "Beneficiary" hereinafter refers to any legal person who creates an account with Omniconvert Reveal , uses the Service or wants to use it, in any way.
3. By registration, the Beneficiary entirely and unconditionally accepts the provisions of these Terms and Conditions and understands to use the Service pursuant thereto, including the use of the Service for a Trial period. Beneficiaries who create an account with Omniconvert Reveal understand and accept that using their account, as well as any access or visit of the Service, as well as any component thereof constitutes an acceptance, entirely and unconditionally, of the Terms and Conditions and of any provision thereof; non-acceptance of the Terms and Conditions by Beneficiaries mentioned above draws their obligation to stop accessing the Service.
4. Beneficiaries undertake to provide, when registering with Omniconvert Reveal, when accessing and using the Service, as well as in any access and use of the Service, valid, accurate, reliable and correct data and information, properly benefit from Omniconvert Reveal services.
5. Beneficiaries understand and accept that in case of violation in any way and to any extent of any of the provisions of the Terms and Conditions, the Provider shall be able to choose, at its sole discretion, to fully or partially suspend the access of the Beneficiary to the Service, or not to publish any content sent by the Beneficiary, for posting, to Omniconvert Reveal, or to permanently ban the access to one or several facilities offered by the Service, or to cancel the account of the Beneficiary on Omniconvert Reveal, without any warnings or notice and without requiring any other formalities in this regard.
6. This Service is dedicated to ecommerce shop owners that are looking to leverage retail analytics and their customer data to grow their business. Due to the inherent nature of these services, these are offered only in a B2B format – only to businesses or private persons acting in their professional quality.
7. The Beneficiaries’ customer data is stored within the secured Omniconvert infrastructure. All personal data from the Beneficiaries will be processed according to the Data Processing Annex.

In brief, we don’t, under any circumstances, sell your data, contact people, market to people on your data, steal your data, or share your data with any other party, unless it’s specifically allowed by you.

2. SPECIFIC TERMS ON USING THE SERVICE OMNICONVERT REVEAL

1. Beneficiaries may benefit from services offered by the Provider by opening an account and thus becoming a Beneficiary.
2. In order to use the Omniconvert Reveal service, the Beneficiary must either import its data in our service, as described in our technical documentation, or install an application/extension/module that connects the platform the Beneficiary uses with our service (eg: Shopify, Magento, BigCommerce etc.). The Omniconvert Reveal service will present the Beneficiaries data related to its customers, products, categories, and orders placed. It then transforms the raw data into customer insights, segments customers based on their behaviour and also computes other relevant information that is being displayed in the Reveal web interface and also available via API. All this is meant to help you build your customer retention strategy by focusing on optimizing Customer Lifetime Value
3. To use Omniconvert Reveal services, the data provided by the Beneficiary is being presented in a different visualization, however it doesn’t affect, alter or modify the integrity of the Beneficiary’s data. Given that the Provider does not alter or modify the Beneficiary's data integrity, the entire liability belongs to the Beneficiary for the content of its provided data, including sending the data to other services that the Beneficiary is using.
4. The Provider bears no responsibility for the decisions taken based on your interpretation of the data from Reveal. Although we aim to ensure your efforts have the maximum impact towards getting to know your customers better, the decisions taken in relation to your customers are yours and the Provider cannot be held liable for any direct or indirect damage caused by using the Service. The entire liability belongs to the Beneficiary.
5. Omniconvert may publish, in an anonymised form, any data, screenshots or case studies from our Beneficiaries’ account without their consent, except if they object to this usage in writing to Omniconvert.
6. Omniconvert may use statistical data from the accounts of the Beneficiaries in order to improve its services or to create benchmarks for internal use or for public presentations of relevant aggregated information for the selected domains. These will be always based on aggregated data that would be impossible to link to one or several Beneficiaries.
7. Omniconvert may also use the logo of the Beneficiary using the Service, their website address and/or name of the company in order to showcase the list of clients, except if the Beneficiary objects in writing.
8. The Beneficiary is responsible for keeping the account names and passwords confidential. This includes the responsibility for any account that you have access to, whether or not you have authorized its use. The Beneficiary shall immediately notify Omniconvert of any unauthorized use of its accounts. Omniconvert is not responsible for any losses due to stolen or hacked passwords. Omniconvert doesn’t have access to your current password for security reasons, thus Omniconvert may only reset your password in case it is forgotten.
9. The Beneficiary is the only one responsible for providing access and credentials (e.g API keys) to other companies where the Beneficiary has an account and wants Omniconvert to send the selected data from the Service account to another account that belongs to another company. This option is technically available for the companies that are listed in the Reveal documentation, in the Reveal dashboard, or by performing custom integrations that pull data out of Reveal via API and send it elsewhere.
10. Omniconvert doesn’t know the inner workings of the Beneficiary organization or the nature of personal relationships, therefore Omniconvert doesn't arbitrate disputes over who owns an account. Omniconvert may decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then Omniconvert will rely on the contact information listed for that account.
11. The Beneficiary represents and warrants that its use of Omniconvert Reveal will comply with all laws and regulations applicable to its activities.
12. The Provider may offer a free trial version for certain periods of time, but not all features of the Service might be available. This offer would be usually valid only for new clients and may be withdrawn for any reason by the Provider. This offer may be presented on a public webpage or be offered in a personalized offer to certain Beneficiaries.
13. The Provider may also provide Demo accounts, available free of charge, for relevant Beneficiaries. All data imported in these accounts is not real and is being presented for information purposes only to understand the benefits of the Service.
14. The prices of Omniconvert Reveal Services may be available on the Service presentation webpage or will be identified in a personalized offer to Beneficiaries and do not include VAT. VAT will be added to EU customers during checkout.
15. The Beneficiary will pay in advance for the Service. The lack of confirmed payment to Omniconvert will lead to the automatic suspension of access to the Service. The access will be restored once the Service has been paid.

3. INTELLECTUAL PROPERTY RIGHTS

1. Notwithstanding the preceding provisions, the Provider or its partners do not own those materials for which another right holder was indicated on Omniconvert Reveal, or another holder or another source, information provided by Beneficiaries, or opinions and/or comments of any type expressed by the Beneficiaries of the Site regarding materials of any type posted on Omniconvert Reveal or regarding the Site content in general.
2. The content and graphical elements of Omniconvert Reveal, including but not limited to, belong to the Provider and its partners and represent the content of Omniconvert.
3. The Beneficiary undertakes to comply with all copyright and any other intellectual property rights which the Provider and its partners hold on/in relation to Omniconvert, its content, Service, any module or component thereof or in connection with their use.
4. The copy, takeover, reproduction, publication, transmission, sale, partial, full or modified distribution of the content of Omniconvert Reveal or any part thereof for purposes other than personal or that expressly indicated by the Provider are prohibited.
5. The Provider reserves the right to sue any person and/or entity that violates in any way the above provisions.
6. Any Beneficiary that sends in any way information or materials to Omniconvert Reveal undertakes not to prejudice in any way the copyright, intellectual property rights or any other rights that a third party could invoke in connection to materials and information send in any way to Omniconvert Reveal and Beneficiaries that send in any in any way information or materials understand and accept that violation in any way of this obligation cannot engage in any way the liability of the Provider, but only the liability of the respective persons.
7. Any copyright-related claim shall be sent by email to [email protected]

4. PERSONAL DATA

4.1 Processing of personal data as a Data Processor

In accordance with the EU legal framework on data protection (GDPR), the Provider is a Data Processor that processes the personal data of the Beneficiary (which is the Data Controller). A specific data processing contract between the two entities – based on art 28 of the GDPR is available as Data Processing Annex - Annex 1 for these Terms and Conditions and can also be found in the Beneficiaries account.

4.2. Processing of personal data as a Data Controller

1. According to the provisions of the Romanian applicable legislation on data protection, Omniconvert Reveal has the obligation to manage the personal data in a secure technical environment and only for the notified purposes the personal data of the Beneficiaries, in order to be able to use the services requested by the Beneficiary and provided by the Data Controller. Please note that our Service and services are exclusively Business to Business (B2B) and, for these services, we do not target any physical persons or individual Beneficiaries for both our services. However, we might collect personal data as contacts of our Beneficiaries.
2. Within the limits mentioned above, Omniconvert, as a Data Controller, processes the personal data the Beneficiary supplies freely and in an informed manner for the following purposes: publicity and marketing, contracts and invoicing and for the administration of the service Omniconvert Reveal. The data is gathered using automated and non-automated means. More details are available in the Privacy Policy.
3. It is necessary for the Beneficiary to provide us with its personal data, as this data is indispensable for the processing. In case you do not agree with the processing, the consequence is that you will not be able to access the Service. For marketing and publicity purposes, Omniconvert Reveal may process only the following personal data: IP address, email, address, name and surname and phone number. Omniconvert may also use cookies in their own service for its marketing purposes, as you are informed on the Omniconvert website.
4. The information processed is to be used only by the Data Controller and it may be disclosed to our contractual partners and public authorities, according to the law. We process the collected personal data when this is needed for the purposes mentioned above through other companies that are considered Data Processors and have strict contractual obligations to keep the confidentiality of the processed data and to offer at least the same level of security as Omniconvert does. Data Processors have the obligation not to allow third parties to process personal data on behalf of Omniconvert and to access, use and/or keep the data secure and confidential.
5. The data processed may be transferred internationally, according to the applicable legal provisions.
6. According to the current legislation, the data subjects have the right to access data, right to rectification, right to erasure, and the right not to be subject to automated decisions. Data subjects also have the right to restrict personal data processing and to request the deletion of the collected personal data, as well as the right to data portability and to reject profiling. To exercise these rights, send a written request, dated and signed to the email address: [email protected] The data subjects also have the right to lodge a complaint with a competent data protection supervisory authority and the right to address a court.

5. LINK TO OTHER SERVICES

1. Beneficiaries/understand and accept that Omniconvert Reveal may contain links or reference to other internet sites, including the sites of product and/or service providers to which the advertising banners posted on Omniconvert Reveal or advertising microsites, personal sites (blogs) send, but without limited to, which are considered by the Provider useful in relation to the content of Omniconvert Reveal, but which are not under its control or guidance.
2. The Provider is exempt from any liability regarding the content or opinions expressed on all internet sites mentioned above, as well as their correctness and accuracy, and Beneficiaries understand and accept that these internet sites are not monitored, controlled or verified in any way by the Provider. Including a link or reference to other internet sites does not involve their service in any way by the Provider. At the time when Beneficiaries access such internet sites, they do so at their own risk, knowing that the use of services offered by these sites is subject to conditions set by the administrators of these sites.

LIMITATION OF LIABILITY

1. Considering that the Provider provides a hosting platform for data analysis and presentation, the Beneficiary assumes all civil and criminal liability for the content of data submitted and the consequences of using them.
2. Under no circumstance, regardless of circumstances invoked, shall the Provider be held liable before the Beneficiary in relation to services for any additional amount compared to the amounts actually paid by the Beneficiary to the Provider.
3. By using the services, the Beneficiary declares that it has the right to send that data to Omniconvert and it has complied with all relevant personal data legislation. The Beneficiaries agrees that this data would be processed according to the Data Processing Annex.
4. The Provider assumes no obligation and does not guarantee, implicitly or deliberately, for services rendered. The Provider shall make all reasonable efforts to ensure the provision of services and try to correct errors and omissions as soon as possible.
5. The Provider does not offer any guarantees and has no responsibility for the result of services rendered at the request of the Beneficiary, for information made available through Omniconvert Reveal by Beneficiaries and in no circumstance can it be held liable for any loss or damage that may result from the use of either section of Omniconvert Reveal, of the Service or from the impossibility to use it, regardless of its cause, or from the misinterpretation of any provision of Omniconvert Reveal.
6. Beneficiaries understand and accept that the Provider makes available for Beneficiaries a hosting platform, so all services and facilities related to the use of Omniconvert Reveal, as well as all data, information contained therein are provided "as is", "as available", and Beneficiaries use them at their own risk. Beneficiaries understand and accept that the Service made available on Omniconvert Reveal is provided "as is", "as available" and use it at their own risk. Beneficiaries understand and accept that rendering the Service may be affected by certain objective conditions. Consequently, the Provider cannot be held liable regarding any information and data included in the content of Omniconvert Reveal or received from Beneficiaries, including but without limitation to those regarding offers, services, data and information related to the use of the Service, or any other activity regarding the use and access of the Service and/or of Omniconvert Reveal, as well as any other legal effect deriving therefrom.
7. Beneficiaries understand and accept that the Provider is exempt from any liability in the event of any stoppage, interruption, hindering, malfunctions or errors in the operation of Omniconvert Reveal, in case of technical failures of any kind or any errors in the provision of the Service, and in any situation in which it wouldn't be proven with certainty that any errors or technical problems of the above are due directly and exclusively to the serious fault of the Provider.
8. Expressly, Beneficiaries understand and accept that the Provider is exempt from any liability for any direct or indirect damage, including but not limited to loss of profits, commercial venue or other intangible losses, resulting from the use of the Service or any other aspect in connection with the Service and use of Omniconvert Reveal in any way or any legal consequences deriving from it.
9. In cases of force majeure, the Provider and/or operators, directors, employees, branches, subsidiaries and its representatives shall be entirely exempt from liability. Force majeure cases include, but are not limited to, errors in operation of technical equipment of the company, no functioning of the internet connection, denial of service attacks, no functioning of telephone connections, computer viruses, hacking attacks of any type and interference with any malicious software, unauthorized access in the Omniconvert Reveal systems, operational errors, strike etc.
10. Beneficiaries agree to protect, insure and fully compensate the Provider and/or its operators, directors, employees, branches, subsidiaries and representatives against any demands, claims, actions, charges, losses, damages, costs (including but not limited to attorney's fees, fees for experts and consultants or executors, legal fees, notary or performance fees), costs, judgments, decisions, fines, regulations or other obligations arising from or related to any other action of the Beneficiary in connection with the use of the Services or any other matter in connection with the Service.

6. DURATION AND TERMINATION

1. These Terms and Conditions will become effective at the date of their acceptance by the Beneficiary, for an indefinite period of time.
2. The contractual relationship between Omniconvert and the Beneficiary under these Terms and Conditions will be terminated:
   1. by written consent of both Parties;
   2. by termination by either Party, at the expiry of the 30 days term from the notification date, based upon a written notification sent to the other Parties without any other formality or the intervention of the court of law if either Party breaches any of the obligations stipulated in the Terms and Conditions and does not remedy the breach within the period specified in the notification:
   3. by unilateral termination by either Party, complying with a written notice by email of 60 (sixty) days, case in which the Party cannot request damages, compensations or other financial actions to stop the contractual reports.
   4. by not accessing the Beneficiary account on the Omniconvert Reveal platform or not sending data to Omniconvert Reveal in 13 consecutive months.
3. The termination of the contractual relationships, regardless of the way, has no effect on the already outstanding obligations between the Parties.

9 . GOVERNING LAW. DISPUTES

Rights and obligations of Beneficiaries and of the Provider, set forth in the Terms and Conditions, and all legal effects the Terms and Conditions produce shall be construed and governed in accordance with Romanian law in force. The applicable law in relations arising between the Provider and Beneficiary/Beneficiary/other party is the Romanian law. The law applicable to any report or effect arising from the Service or accessing Omniconvert Reveal is the Romanian law. Any dispute or claim arising out of these Terms and Conditions will be resolved by mutual agreement. In the event that it can not be settled by mutual agreement in 30 days from the first notification, the dispute arising out of or in connection with these Terms and Conditions will be settled by an independent arbiter selected by both parties. In case when the parties may not agree in appointing an independent arbiter in 14 days, the dispute will be settled by the competent court in Bucharest.

10. AMENDMENT TO TERMS AND CONDITIONS

The Provider is entitled to amend at any time and in any way any of the provisions of the Terms and Conditions or the Terms and Conditions entirely, without any prior notice and without being required to fulfill any other formality before Beneficiaries. Any amendment shall be considered as fully and unconditionally accepted by any Beneficiary by simply using or accessing any facility offered by Omniconvert Reveal or by using the services, or accessing Omniconvert Reveal, occurred at any moment after the amendment was made, and non-acceptance of any change draws the obligation of the respective Beneficiary to immediately stop accessing Omniconvert Reveal and or using in any way the Service.

1. The present Terms and Conditions must be construed and understood in connection with its appendixes:

Annex 1 - Data Processing Annex Annex 2 – Privacy Policy Omniconvert.com available at Privacy & Security The present Terms and Conditions – version 1.0 were published by the Provider on its service on 1.07.2020 and are accessible at the web page https://www.omniconvert.com/privacy-security/#reveal-terms-conditions.

Annex 1

Data Processing Annex

The present data protection agreement between Omniconvert and the Beneficiary is an annex to the Terms and Conditions Omniconvert Reveal between the two parties and aims to clarify the roles and responsibilities for data protection from both parties, based on obligations imposed by the art 28 from EU Regulation 2016/279 (GDPR). In the context of this contract, the Beneficiary is the Data Controller and Omniconvert is the Data Processor for all the personal data sent by the Beneficiary to the Service as defined in the Terms and Conditions. “Applicable Law” shall mean (i) any data protection laws or regulations in the jurisdiction in which the Personal Data is hosted; (ii) Directive 95/46/EC of October 24, 1995, on the protection of individuals with regard to the Processing of Personal Data and on the free movement of such data; and (iii) Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (the “GDPR”). In the current agreement all definitions from GDPR Article 4 will apply accordingly.

1. Subject matter and duration

The Subject matter results from the Terms and Conditions between the contracting parties. The duration of this agreement corresponds to the duration of the Terms and Conditions.

1. Nature and Purpose of the processing of Data

The processing of personal data by the Data Processor for the Data Controller is presentation of the Beneficiary’s data related to its customers, products, product categories, and orders placed. The Service then transforms the raw data you have into customer relevant information which is being displayed in the Reveal dashboard and exposed over the API, in order to build the Beneficiary’s customer retention strategy. The processing includes all operations performed on the collected personal data, only by automated means such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure or destruction.

1. Collected data

The data collected for the purposes of this agreement includes all data listed in Omniconvert Reveal technical documentation that has been processed by the Beneficiary in their ecommerce business. It is highly recommended to the Data Controller to anonymise or pseudonymised all personal data before sending it to the Omniconvert Reveal Service, depending on the actual need in using this data in the Service or further using them within another service offered by another Data Processor. The Data Processor offers several methods and explanations how to do that and what are the advantages and disadvantages in using anonymised or pseudonymised data, depending on the Data Controllers needs – some of the methods are described publicly, but contact Omniconvert directly for further suggestions. 

1. Categories of data subjects

The categories of data subjects are customers of the Data Controller.

1. Specific Instructions

5.1. The Data Controller instructs the Data Processor on processing all personal data specified in article 3 in order to provide the services in the Terms and Conditions Omniconvert Reveal. 5.2. The Data Controller instructs the Data Processor to directly transfer certain data (that might include personal data) to other companies selected by the Data Controller, by providing them with relevant credentials (e.g. API keys) for each of them, be it by entering these credentials within the application, or by explicitly requesting them in writing. The other companies for which this feature is technically available are provided in the Reveal documentation or in the Reveal dashboard, or should be requested in writing (for custom point-integrations). For the avoidance of the doubt, these companies are not sub-processors based on this contract.

1. Obligations of the Data Controller

• confirms and guarantees that, in relation to the processing of personal data for this contract, it acts as a Data Controller;
• complies with Applicable Law when processing personal data, and only gives lawful instructions to Data Processor;
• guarantees that data subjects have been informed of the uses of personal data as required by Applicable Law, including sharing their data with the Data Processor, if required;
• confirms it relies on a valid legal ground for the processing of personal data under Applicable Law, including if required obtaining consent from data subjects;
• complies with Data Subject requests to exercise their rights of access, rectification, erasure, data portability, restriction of processing, and objection to the processing;
• implements appropriate technical and organizational measures to ensure, and to be able to demonstrate, that the processing of personal data is performed in accordance with Applicable Law, including for securing the transfer of data from its data subjects to the Data Processor;
• cooperates with Data Processor to fulfill their respective data protection compliance obligations in accordance with Applicable Law;
• by providing an API key for integration or explicitly requesting a point-integration with other data processors according to art. 5.2, it confirms and guarantees its instruction to send the selected data to these companies and that the security of the transfer is being guaranteed by the Data Controller or the other data processors. It also confirms that it has a proper legal basis for transferring the personal data to these companies.

1. Obligations of the Data Processor

The Data Processor only processes personal data on behalf of the Data Controller in accordance with its specific instructions as mentioned in Article 5 and not for any other purposes than those specified in Article 2 or as otherwise agreed by both parties in writing. For the avoidance of doubt, the Data Controller authorizes the Data Processor to use statistical data, based on information from the accounts of the Beneficiaries in order to improve its services or to create benchmarks for internal use or for public presentations of relevant aggregated information for the selected domains. These will be always based on aggregated data that would be impossible to link to one or several Data Controllers or to any personal data proceed based on this agreement. The Data Processor will promptly inform the Data Controller if, in its opinion, the Data Controller’s instructions infringe GDPR, and/or if the Data Processor is unable to comply with the Data Controller’ instructions. The Data Processor will notify the Data Controller without undue delay after becoming aware of a personal data breach when the data is processed by the Data Processor. The Data Processor will take reasonable steps to mitigate the effects and to minimize any damage resulting from the personal data breach. The Data Processor will assist the Data Controller in complying with data security, data breach notifications, data protection impact assessments and prior consultations with supervisory authorities requirements under GDPR, if necessary, taking into account the nature of the processing and the information available to the Data Processor. To the extent authorized under Applicable Law, the Data Controller shall be responsible for any costs arising from the Data Processor’s provision of such assistance. The Data Processor, taking into account the nature of the processing, will assist the Data Controller by appropriate technical and organizational measures, as far as this is possible, to fulfill the Data Controller’s obligations to respond to data subjects’ requests to exercise their rights as provided under Applicable Law. When the Terms and Conditions will be terminated, the Data Processor will delete or anonymize all personal data in maximum 30 days from the expiration date, unless the Controller will ask them to keep it or if the Romanian laws prevent it from returning or destroying all or part of the personal data or requires storage of the personal data (in which case the Data Processor must keep them confidential).

1. Sub-processors

8.1. Data controller agrees with the usage of the following specific sub-processors by the Data Processors for IT services: Digital Ocean, USA (and has signed adequate Standard Contractual Clauses) on its servers from the Netherlands . 8.2. By this article the Data Controller gives a general authorization to the Data Processor to share personal data to future Sub-Processors under the conditions set below:

• The Data Processor guarantees the existence of an agreement with its Sub-Processors which imposes on the Sub-Processor the same data protection obligations as provided by the Data Processor under this agreement or by Applicable Law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures to ensure the processing will meet requirements under Applicable Law, to the extent applicable to the nature of the service provided by the Sub-Processors. Where the Sub-Processor fails to fulfill its data protection obligations under such agreement, the Data Processor shall remain fully liable towards the Data Controller for the performance of the Sub-Processor’s obligations under such agreement.
• The Data Processor guarantees that all the Sub-Processors will process data exclusively within a Member State of the European Union (EU), within a Member State of the European Economic Area (EEA) or in any state with an adequate data protection regime as recognized by the European Commission or have signed adequated SCCs;
• The Data Processor shall inform the Data Controller of any addition or replacement of Sub-Processors and allow the Data Controller to reasonably object to such changes by notifying the Data Processor in writing within 5 business days after receipt of the Data Processor’s notice of the addition or replacement of a Sub-Processor. The Data Controller’s objection should explain the reasonable grounds for the objection.

1. Security of the processing and confidentiality

The Data Processor must implement appropriate technical and organizational measures to ensure standard industry security measures appropriate to the risk, according to art 28 and 82 from GDPR. In assessing the appropriate level of security, the Data Processor must take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of data subjects and the risks that are presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed. The Data Processor shall take steps to ensure that any person acting under its authority who has access to personal data is bound by enforceable contractual or statutory confidentiality obligation. In the case of transferring data to other companies as requested by the Data Controller per art 5.2. the Data Processor is responsible for the security of the data only until the data has left its server.

1. Data Protection Audit

10.1. Upon prior written request by any Data Controller, the Data Processor agrees to cooperate and within reasonable time provide to any Data Controller with:

• (a) a summary of the audit reports demonstrating the Data Processor’s compliance with its obligations under this Exhibit, after redacting any confidential and commercially sensitive information; and
• (b) confirmation that the audit has not revealed any material vulnerability in the Data Processor’s systems, or to the extent that any such vulnerability was detected, that Data Processor has fully remedied such vulnerability.

10.2. If the above measures are not sufficient to confirm compliance with GDPR or reveal some material issues, subject to the strictest confidentiality obligations, the Data Processor allows the Data Controller to request an audit of Data Processor’s data protection compliance program by external independent auditors, which are jointly selected by the parties. The external independent auditor cannot be a competitor of Data Processor, and the parties will mutually agree upon the scope, timing, and duration of the audit. The audit may not start with less than 30 days from the first request of the Data Controller. The Data Processor will make the result of the audit of its data protection compliance program available to the Data Controller. The Data Controller must fully reimburse the Data Processor for all expenses and costs for such an audit.

1. Liability to data subjects.

11.1. Each party agrees that it will be liable to data subjects for the entire damage resulting from a violation of Applicable Law. 11.2. If one party paid full compensation for the damage suffered, it is entitled to claim back from the other party that part of the compensation corresponding to the other party’s part of responsibility for the damage. For that purpose, both parties agree that Data Controller will be liable to data subjects for the entire damage resulting from a violation of GDPR with regard to processing of personal data for which it is a Data Controller, and that Data Processor will only be liable to data subjects for the entire damage resulting from a violation of the obligations of GDPR directed to the Data Processor or where it has acted outside of, or contrary to Data Controller’s lawful instructions. 11.3. The Data Processor will be exempted from liability if it’s proven that it doesn’t have any responsibility in the event giving rise to the damage.

1. Enforcing this agreement

This current arrangement will be in force starting with the date of entry into force of the Terms and Conditions, until it is superseded by a new arrangement.

Cookie Policy of www.omniconvert.com

Cookies consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User's consent.

Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

Technical Cookies and Cookies serving aggregated statistical purposes

Activity strictly necessary for the functioning of the Service

This Website uses Cookies to save the User's session and to carry out other activities that are strictly necessary for the operation of this Website, for example in relation to the distribution of traffic.

Activity regarding the saving of preferences, optimization, and statistics

This Website uses Cookies to save browsing preferences and to optimize the User's browsing experience. Among these Cookies are, for example, those used for the setting of language and currency preferences or for the management of first party statistics employed directly by the Owner of the site.

Other types of Cookies or third parties that install Cookies

Some of the services listed below collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by the Owner - depending on how they are described - without the help of third parties.

If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed information.

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

AdEspresso conversion tracking (Creative Web Srl)

AdEspresso conversion tracking is an analytics service provided by Creative Web Srl that connects data from the Facebook advertising network with actions performed on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: Italy – Privacy Policy.

Facebook Ads conversion tracking (Facebook pixel) (Facebook, Inc.)

Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Website. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy. Privacy Shield participant.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out.

Google Ads conversion tracking (Google Inc.)

Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy. Privacy Shield participant.

HubSpot Analytics (HubSpot, Inc.)

HubSpot Analytics is an analytics service provided by HubSpot, Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out .

Hotjar Form Analysis & Conversion Funnels (Hotjar Ltd.)

Hotjar is an analytics service provided by Hotjar Ltd.
Hotjar honors generic Do Not Track headers. This means your browser can tell its script not to collect any of your data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.

Personal Data collected: Cookies and Usage Data.

Place of processing: Malta – Privacy Policy – Opt Out.

LinkedIn conversion tracking (LinkedIn Corporation)

LinkedIn conversion tracking is an analytics service provided by LinkedIn Corporation that connects data from the LinkedIn advertising network with actions performed on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

Twitter Ads conversion tracking (Twitter, Inc.)

Twitter Ads conversion tracking is an analytics service provided by Twitter, Inc. that connects data from the Twitter advertising network with actions performed on this Website.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

Woopra (Woopra)

Woopra is an analytics service provided by Woopra Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

Content commenting

Content commenting services allow Users to make and publish their comments on the contents of this Website.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when Users do not use the content commenting service.

Disqus (Disqus)

Disqus is a content commenting service provided by Big Heads Labs Inc.

Personal Data collected: Cookies, Usage Data and various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy – Opt out.

Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

YouTube video widget (Google Inc.)

YouTube is a video content visualization service provided by Google Inc. that allows this Website to incorporate content of this kind on its pages.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

Managing landing and invitation pages

This type of service helps with building and managing landing and invitation pages, i.e., pages for presenting a product or service, where you may add your contact information such as an email address.
Managing these pages means that these services will handle the Personal Data collected through the pages, including Usage Data.

Instapage (Instapage, Inc.)

Instapage is a landing page management service provided by Instapage, Inc., that allows this Website to collect the email addresses of Users interested in its service.
Instapage allows the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of the created landing pages.

Personal Data collected: Cookies, email address and Usage Data.

Place of processing: US – Privacy Policy.

Remarketing and behavioral targeting

This type of service allows this Website and its partners to inform, optimize and serve advertising based on past use of this Website by the User.
This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.
In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.

Google Ads Remarketing (Google Inc.)

Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google Inc. that connects the activity of this Website with the Google Ads advertising network and the DoubleClick Cookie.

Users can opt out of Google's use of cookies for ads personalization by visiting Google's Ads Settings.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out. Privacy Shield participant.

Google Ad Manager Audience Extension (Google Inc.)

Google Ad Manager Audience Extension is a remarketing and behavioral targeting service provided by Google Inc. that tracks the visitors of this Website and allows selected advertising partners to display targeted ads across the web to them.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out. Privacy Shield participant.

Facebook Custom Audience (Facebook, Inc.)

Facebook Custom Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network.

Personal Data collected: Cookies and email address.

Place of processing: US – Privacy Policy – Opt Out.

Facebook Remarketing (Facebook, Inc.)

Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out.

LinkedIn Website Retargeting (LinkedIn Corporation)

LinkedIn Website Retargeting is a remarketing and behavioral targeting service provided by LinkedIn Corporation that connects the activity of this Website with the LinkedIn advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out.

Remarketing with Google Analytics (Google Inc.)

Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google Inc. that connects the tracking activity performed by Google Analytics and its Cookies with the Google Ads advertising network and the Doubleclick Cookie.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out. Privacy Shield participant.

Twitter Remarketing (Twitter, Inc.)

Twitter Remarketing is a remarketing and behavioral targeting service provided by Twitter, Inc. that connects the activity of this Website with the Twitter advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out.

Twitter Tailored Audiences (Twitter, Inc.)

Twitter Tailored Audiences is a remarketing and behavioral targeting service provided by Twitter, Inc. that connects the activity of this Website with the Twitter advertising network.

Personal Data collected: Cookies and email address.

Place of processing: US – Privacy Policy – Opt Out.

Tag Management

This type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.
This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.

Google Tag Manager (Google LLC)

Google Tag Manager is a tag management service provided by Google LLC.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

Traffic optimization and distribution

This type of service allows this Website to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between this Website and the User's browser.
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information User are transferred.

Cloudflare (Cloudflare)

Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.
The way Cloudflare is integrated means that it filters all the traffic through this Website, i.e., communication between this Website and the User's browser, while also allowing analytical data from this Website to be collected.

Personal Data collected: Cookies and various types of Data as specified in the privacy policy of the service.

Place of processing: US – Privacy Policy.

User database management

This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Website, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving this Website.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Website.

Intercom (Intercom Inc.)

Intercom is a User database management service provided by Intercom Inc. Intercom can also be used as a medium for communications, either through email, or through messages within this Website.

Personal Data collected: Cookies, email address, Usage Data and various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

How to provide or withdraw consent to the installation of Cookies

In addition to what is specified in this document, the User can manage preferences for Cookies directly from within their own browser and prevent – for example – third parties from installing Cookies.
Through browser preferences, it is also possible to delete Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.
Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party's privacy policy, or by contacting the third party.

Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

Owner and Data Controller

Omniconvert SRL, VAT ID: RO 31411197, J40/3841/2013 Address: Str. Vasile Stroescu nr 14, District 2, Postal code: 021374, Bucharest, Romania

Owner contact email: [email protected]

Since the installation of third-party Cookies and other tracking systems through the services used within this Website cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies

Small sets of data stored in the User's device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Website, if not stated otherwise within this document.

Latest update: August 31, 2018

iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.

Show the complete Privacy Policy

Privacy Policy for job applicants Omniconvert

Version 1.0 from 1.02.2022

This privacy policy applies to the personal data processed by Omniconvert during its recruitment process.

This document does not apply to any personal data processed by Omniconvert from its website or services/products. All the definitions from GDPR (EU Regulation 679/2016) will apply accordingly.

1. Data Collection

Omniconvert is the data controller for the recruitment activity. Omniconvert is Omniconvert SRL, VAT ID: RO 31411197, J40/3841/2013 Address: Str. Vasile Stroescu nr 14, District 2, Postal code: 021374, Bucharest, Romania.

During the recruitment process, we collect and process information that is necessary for this process that is usually your contact information and all your personal data included in your CV, application form or cover letter. If you are invited to an interview, we will collect and evaluate the data you provide in that case.

The legal basis for our processing of your personal data is your application for the conclusion of an employment contract with us (6(1)(b) GDPR) and, in case you want your data or CV to be included in our applicant pool, your consent (6(1)(a) GDPR). If there are any complaints to our recruitment process, the data will be used in order to comply with our legal obligations.

We recommend that your application does not contain sensitive personal data, such as personal data disclosing racial or ethnic origin, religion, trade union membership, sexual orientation, health data, etc.

The information we ask for is used to assess your suitability for employment. You don’t have to provide what we ask for but it may affect your application if you don’t.

If you qualify for a job, we might need to ask you for more information that is required by the national legislation in order to sign a work contract with you.

2. Data Use

The data that we might collect as described above will be used only for the recruitment process to progress your application with a view to offering you an employment contract with us, or to fulfill legal requirements as the next step, if necessary. We may also use the

On our website, you also have the option of explicitly agreeing that we may process your data beyond the current application procedure. With your consent, we will add your CV in our applicant pool and we may then notify you of new job advertisements or vacancies interesting to you.

Final recruitment decisions are made by hiring managers and members of our recruitment team. We take account of all the information gathered during the application process and we may also check your credentials and job references, if we deem necessary. We might also ask you to take a personality test, in order to know how you will fit in our team. We do not use automated decision making software in the selection process.

If we will hire you, we might need to ask for additional personal data in order to comply with the applicable legal obligations

1. Transferring Your Data

Sometimes, we may cooperate with other third party service providers, that are data processors, who help us in the recruitment process. We have all necessary contracts and agreements in place with these providers to ensure all the legal and privacy protection that is required. Thus, your data may be thus shared with a personality test provider, email marketing provider or hosting provider. All these providers are in the European Union or any other jurisdiction, which offers adequate level of personal data protection according to European Union standards (art 45 GDPR) or other appropriate safeguards, including Standard Contractual Clauses (art 46.2 GDPR).

In principle, we will not reveal any personal data about its users to third parties without the exceptions mentioned above.

Exceptionally, we may reveal personal data to competent authorities, upon their legal request according to the applicable laws or when this is necessary to protect the rights and interests of our clients and Omniconvert.

Also, if you use the other platforms (for example Linkedin, BestJobs, Glassdoor, Hipo, etc.) to submit your CV or applications, please take note of the fact that those platforms are data controllers and they might collect some of your personal data for other purposes, please check their respective privacy policies for more details. Omniconvert will process only for the purposes specified in art 2 above the personal data it has access to.

4. Storing Data

We will keep your data for only as long as deemed necessary for the purpose that was intended or and / or as legally required.

Thus we will only store and use your data for as long as it is necessary to decide on the establishment of an employment relationship with you. In principle your applicant data will be deleted 12 months after completion of the application process.

As an exception, if you have agreed to the storage of your data in the applicant pool, your applicant data will be deleted when you withdraw your consent.

5. Your rights under GDPR

GDPR provides you with a number of legal rights and some of these rights are listed above in previous paragraphs and below are additional rights explained.

Right of access – You have the right at any time to ask us for a copy of the personal information that we hold about you, and to check that we are lawfully processing it.

Right of rectification – If personal information that we hold about you is not accurate or is out of date and requires amendment or correction you have a right to have the data rectified or completed.

Right of erasure – In certain circumstances, you have the right to request that personal information we hold about you is erased (e.g. if the information is no longer necessary for the purposes for which it was collected or processed).

Right to object to or restrict processing – In certain circumstances, you have the right to object to our processing of your personal information. For example, if we are processing your information on the basis of our legitimate interests, and there are no compelling legitimate grounds for our processing which override your rights and interests.

Right of data portability – In certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format.

Right to withdraw consent – In the case where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. You can exercise this right by unsubscribing in each mail or contacting us by [email protected].

Exercising your rights

As explained above, you can exercise your right to withdraw consent, and any other rights under GDPR, by informing us by email at [email protected] Alternatively, you can write to us at the address set out above, or inform us if you prefer to speak to us by telephone or other means.

You also have the right to lodge a complaint with a competent supervisory authority or to complain in a competent court of law.

The privacy policy has been adopted on the date mentioned in the title of the document and will be modified each time is necessary without prior or future notice of the changes. The new version will enter into force when published on the website and it will be marked accordingly. The present document is available at https://www.omniconvert.com/privacy-policy-job-applicants-omniconvert/.

About GDPR

GDPR (General Data Protection Regulation) is the single and most important regulation in the European Union law that concerns the privacy and data protection of consumers within the EU.

GDPR was adopted as a regulation in April 2016 and will come into effect starting the 25th of May 2018. Its mission is to protect all EU residents, so the GDPR applies to all companies based in the EU but also to all companies based outside the EU that handle monitor and hold personal data of EU consumers, collected from within the EU space.

This protection is achieved through several high-level obligations imposed on businesses that handle personal data:

1. The requirement to thoroughly inform the user, in simple language, of what data will be collected, and how will that data be used, by explicitly stating:

• • how will the data be used;
  • duration of storage;
  • and most importantly, all the third parties that will handle the data;

2. The obligation to provide access to stored data::

• • how will the data be used;
  • duration of storage;
  • and most importantly, all the third parties that will handle the data;

3. The obligation to provide data integrity - once the data was collected, it must be kept safe and its loss must be prevented;

4. The obligation to provide data portability, so that the user is not locked-in to a vendor;

These high-level obligations are transposed into more detailed requirements concerning:

1. Organizational aspects, such as appointing a Data Protection Officer or holding periodic training for employees 
2. Drafting clear policies within the company to allow access to data and detailing how to handle breaches and incidents
3. Technical aspects, mainly targeting security and actual access to data
4. Product design, by implementing “privacy by default” and “privacy by design” principles, which enforce opting-in to collecting data and suggest minimizing the collection of data in the initial setup, then opting-in for more afterward

GDPR was adopted as a regulation in April 2016 and will come into effect starting the 25th of May 2018. Its mission is to protect all EU residents, so the GDPR applies to all companies based in the EU and outside the EU that monitor and hold the personal data of EU consumers collected from within the EU space.

How is Omniconvert preparing for GDPR?

The privacy and security of our users have always been one of our top concerns. This is why we constantly work to maintain very high standards in our product and daily operations.

GDPR has allowed us to enhance our platform, internal procedures, and processes further.

All for the benefit of our clients and their users.

Below, we briefly present the steps we are taking to ensure the security of our clients’ data and compliance with GDPR. For a more detailed description of each task, please click here.

Omniconvert GDPR compliance roadmap

Organizational

• • Appoint the DPO - Done
  • Update T&C - Done
  • Data breach report compile - Done
  • Training on GDPR compliance - Done
  • Periodic evaluation for organizational and technical measures - Done
  • Enforce employee computer security - Done

Policy

• • Revise internal documents and policies - Done
  • Data Protection Impact Assessment - Done
  • Security incident response templates - Done
  • Regulate internal access to personal data - Done
    
  • Handling data responses to users - Done

Technical

• • Restrict access to servers from public locations - Done
  • Use HTTPS for pages that handle sensitive information - Done
  • Review and categorize currently stored data - Done
  • Penetration tests performed - Done
  • Resolve security issues and implement recommendations - Done
  • Revise stored data - Done
  • Unified platform access for company accounts - Done
  • Integrate Active Directory for access - Done

Product

• • Implement user opt-in mechanism - Done
  • Log the consent - Done
  • General consent request - Done
  • Allow user revoke the right of using his data - Done
  • Re-ask the user for consent if necessary - Done
  • Additional consent request - Done
  • Platform audit logs / update - Done
  • Keep operations registry per customer - Done
  • Publish new consent text - Done
  • Expose/delete info for users - Done

If you have any questions regarding GDPR and Omniconvert, do not hesitate to contact us at [email protected]