General Terms and Conditions
1. General Terms
a. This document contains the terms and conditions for the use of Retargeting Biz services, the retargeting.app platform, including the sections of the Retargeting Biz site that refer to or govern services or aspects of any kind related to the activity regulated in this contract, as well as any type of service offered by Retargeting Biz through any channel, site, domain or subdomain that it manages (hereinafter referred to as "Terms and Conditions"). It determines the conditions under which the beneficiaries can access and use the services offered by Retargeting Biz and can initiate and develop commercial relations with it.
b. Within the meaning of the present Terms and Conditions:
"Provider", Retargeting Biz or “Retargeting.biz” hereinafter refers to S.C. Retargeting Biz SRL, with its registered office in 49th Nicolae Caramfil St., 1st Floor, District 1, 077190, Romania, VAT Number: RO34270947, Identification Number: J40/3525/23.03.2015, email: firstname.lastname@example.org, phone: +40-724-470-432;
In this contract, Retargeting Biz refers to the retargeting.app platform, the applications with any module or component, the sites, domains and subdomains belonging to or managed by Retargeting Biz.
"Service" refers to any services offered by Retargeting Biz through the platform, sites, applications with any other modules or components and/or other subdomains or domains that Retargeting Biz uses to fulfill its contractual obligations;
"Application" refers to retargeting.app;
"Site" refers to www.retargeting.biz, with all its pages, domains and subdomains;
Regulation (EU) no. 679 of 27 April 2016 (Regulation) refers to the normative act of the European Parliament and of the Council which regulates the protection of individuals with regards to the processing of personal data and on the free movement of such data (GDPR);
"User" means any person visiting or accessing www.retargeting.biz;
"Beneficiary" refers to any person (including any user) who creates an account on retargeting.app and/or wishes to use in any way or currently uses the Retargeting Biz services;
"Personal data controller" means the natural or legal person, public authority, agency or any other body which, alone or together with others, sets out the purposes and means of the processing of personal data. In the relations governed by the Regulation between Retargeting Biz and the beneficiaries of its services, the latter have the capacity of personal data operators;
"Person empowered by the personal data controller" refers to the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. In the relations governed by the Regulation between Retargeting Biz and the beneficiaries of its services, the authorized person is Retargeting Biz, which, based on the contractual relations with the Beneficiary, takes over and processes on his behalf personal data of the persons concerned;
"Data subject" refers to an identified or identifiable natural person, directly or indirectly, particularly by reference to certain personal data belonging to him. In the relations governed by the Regulation between Retargeting Biz and the Beneficiary, the data subjects may be visitors to the Beneficiary's website, registered users of the Beneficiary's website and/or its customers. Moreover, this can be the chosen service, Beneficiary's employees, own associates and administrators of the Beneficiary, the natural persons with whom he contracts or the natural persons who have certain qualities and/or perform certain functions within the commercial partners of the Beneficiary, etc .;
"Consent of the data subject" refers to any manifestation of the free, specific, informed and unambiguous will of the data subject by which he accepts, by an unequivocal statement or action, that the personal data concerning him be processed. In the relations governed by the Regulation between Retargeting Biz and the Beneficiary, the Beneficiary has the obligation to obtain the consent of the data subjects for the purpose of processing their personal data;
"Recipient" refers to the natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. Furthermore, to this end, the Provider may provide certain pieces personal data, pertaining to the data subjects, to recipients such as those indicated in point 5.4. of these Terms and Conditions;
"Personal data" refers to any information concerning an identified or identifiable natural person (data subject). In the relations governed by the Regulation between the Provider and the Beneficiary, personal data made available by the Beneficiary to the Provider or captured by the Provider on the Beneficiary's website and processed on his behalf may consist of any of the elements shown in point 5.1. of these Terms and Conditions;
"Processing" refers to any operation or set of operations performed on personal data or personal data sets, with or without the use of automated means, such as the collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, disclosure by transmission, dissemination or otherwise made available, alignment or combination, restriction, deletion or destruction. In the relations governed by the Regulation between the Provider and the Beneficiary, the processing may consist of any of the operations shown in point 5.2. of these Terms and Conditions;
"Traffic spam" refers to the traffic on the beneficiary's website registered by accessing the website by robots or through other online sources;
"Robots" refer to website access systems without the human component, meant to access each page of the website imitating actions of the beneficiary's clients (eg spider bots from google who access the site to check if it can run promotion campaigns);
"Premium Account Management Service" refers to an extra service through which the provider deals exclusively with the beneficiary's promotion campaigns. The service includes the creation and maintenance of campaigns, the creation of personalized content for all the services provided by the provider for the beneficiary, the reporting to the beneficiary of the results and the active communication with the beneficiary throughout the service. The services included in this package are detailed in Article 2 v. of the Terms and Conditions. The Premium account management service can be recurrently activated at the choice of the Beneficiary and deactivated only by his expressed request to the support department;
"Soft Self Service" refers to the fact that the Beneficiary is solely responsible for the verification and activity of the account on https://retargeting.biz and https://my.retargeting.app;
"Newsletter" is the service of sending emails to a subscriber base;
"SMS" is the service of sending SMS messages to a subscriber base;
"Popups" is the display of banner messages in the site;
"Push Notifications" are messages displayed to the subscriber base for push notifications;
"Recommendation Engine" represents customized product displays according to certain predefined criteria;
"Facebook and Google ads" represent automated campaigns made through Retargeting Biz;
"Confidential information" refers to any information related to the activity of one of the parties that is not publicly available and with which the other party comes into contact during negotiations or during the contract, as well as information invented, conceived, developed, created, produced , including but not limited to analysis, business plans, information collected, computer programs, databases, concepts, creations, data on current and/or potential customers, lists of suppliers or other business partners, reports or other information, data, models, documentation, drawings, remuneration data and any other financial information regarding sales, products, flowcharts, forecasts, formulas, hardware or hardware configuration data, ideas, know-how, manuals, methods, notes , operating procedures, schemes, processes, projections, protocols, records, images, software, specifications, studies, strategies, surveys, techniques, technical specifications e, provided by any means and presented in any form (hereinafter referred to as “Information”), which one party makes available to the other party. "Confidential Information" also refers to any information relating to the existence and content of relations between the Parties, as well as any other business or technical data, or the names of employees, disclosed in the negotiation or conduct of relations between the Parties, whether in written, verbal or electronic or in any other tangible or intangible form or medium; whether or not it bears the express mention "confidential information" or "proprietary information".
c. Failure to comply with these Terms and Conditions or any of their provisions requires the User/Beneficiary to immediately stop accessing Retargeting Biz. Continuing to access Retargeting Biz, on any of its pages and/or using the service, as well as any of its components, constitutes full and unconditional acceptance of the Terms and Conditions and any provisions thereof.
d. By registering, the User fully and unconditionally accepts the provisions of these Terms and Conditions and agrees to use the service in accordance with them, including the use of the service for a trial period, if the Provider facilitates this. Users who create an account on Retargeting Biz understand and agree that use of their account, as well as any access to or visit to the retargeting.app platform or any of its pages, and/or use of the Service and any component thereof constitutes a full and unconditional acceptance of the Terms and Conditions and any provisions thereof; non-acceptance of the Terms and Conditions by the users aforementioned, entails the obligation to stop accessing Retargeting Biz. If there is no commercial relationship between the beneficiary and the third party at the time of accessing the Retargeting Biz service, the beneficiary may set up a third party account in accordance with point 1 of Article b, in which through the provider the beneficiary is exempted from any business relationship with that third party.
e. The Beneficiaries undertake to provide, when registering on www.retargeting.biz, when accessing and using the service, as well as any access and use of Retargeting Biz, valid data and information, to provide or benefit from Retargeting Biz services.
f. Beneficiaries understand and accept that in the event of a breach in any way and in any capacity of any provision of the Terms and Conditions, the Provider will be able to choose, in its sole discretion, the total or partial suspension of Beneficiary\'s access to any Retargeting service. biz, such as: not posting any content sent by the Beneficiary, for posting to Retargeting Biz; permanent ban on access to one or more facilities offered by Retargeting Biz; cancellation of the account of the User/Beneficiary on Retargeting Biz, without warnings or notifications and without requiring other formalities in this regard.
g. The beneficiary is obligated to protect themselves from spam traffic and robots, defined above. Thus, in the event that the volume of traffic that is taken by the provider includes spam and robots, the Beneficiary is solely responsible for this. In order to remove any other interpretation, the Beneficiary will not be able to invoke under any circumstances the fact that the takeover by the provider of the volume of traffic on the beneficiary's servers includes spam traffic and robots as well.
h. The services offered under these Terms and Conditions are automated targeting and marketing services, including personalized communications for information society providers. This is not limited to profiling the Beneficiary's users, and based on said profiling, includes launching communication with users through personalized e-mail content, personalized real-time pop-up messages, push notifications, SMS triggers, relevant content recommendations and/or or personalized ads on the site through referral engines or off-site by integrating with other providers (eg Facebook, Google or Instagram). Due to the intrinsic nature of these services, they are offered only in a B2B format - only for businesses or individuals acting in their professional capacity.
i. Beneficiary subscriber lists are stored on a secure server by Retargeting Biz. In any case, we will not alienate your lists, contact the people on your lists, sell to people on your lists, own the lists or share the lists with anyone else, unless required by law or expressly permitted by the Beneficiary. If someone on your list files a complaint or contacts us, the complaint will be forwarded to the Beneficiary and the Provider will wait for instructions on how to proceed. Only authorized employees have access to view the Distribution Lists. Any personal data from the Beneficiaries will be processed in accordance with the Data Processor Contracting Rules.
2. Specific terms on using the service
b. Retargeting Biz Services is based on a technology-based application that profiles visitors to a website and their behavior in accordance with the settings created and applied. Monitoring can target up to 40 parameters in real time, based on the activity of visitors to the website.
c. Depending on the parameters set, through Retargeting Biz Services the Provider manages to identify why visitors perform (or not) certain actions and then communicates with them in a personalized manner by sending each one a message on the website, via e-mail/SMS and/or personalized ads through external communication channels (Facebook, Google, etc), through which they will meet their needs, thus increasing the conversion rate.
d. Through Retargeting Biz Services, e-mails, dynamic recommendations or SMS are sent through its own platform or through third-party platforms.
e. Through Retargeting Biz Services, the information is captured on the Beneficiary's website and sent to the user in another form; however, the content is not affected by its basic parameters (for example: name, price). This is because the Provider does not intervene in the content of the Beneficiary of the website, as the entire responsibility belongs to the Beneficiary for the content of its website.
f. Retargeting Biz Services lead to the storage of visitor information for 6 months; data older than 6 months is automatically deleted. Any Beneficiary has access, at any time, to a database with personalized information about its users through the support department of the Provider.
g. If by using Retargeting Biz Services a visitor is monitored on 2 different sites, the Provider will not use the information from one website for the other website. For each website, the information is stored separately.
h. Using Retargeting Biz Services: in the case of sending e-mails on behalf of the Beneficiary's company, the sender may appear as follows: The name of the beneficiary through a third party.
i. By offering Retargeting Biz Services, the Provider does not sell or rent its databases.
k. Recipients are solely responsible for the email addresses and telephone numbers uploaded to the database for providing the service and for the content of the messages sent. Under no circumstances will the Beneficiary be able to invoke or extend in any way, and to any extent, the liability to the Provider for the content of e-mails or SMS sent following the provision of services, because the Provider only provides a technical service and has the role of hosting services for the information provided by the Beneficiary. In the case of the Premium Account Management service, the Provider's responsibility is to accurately process the information on the Beneficiary's website, in accordance with the instructions provided by him. The provider's liability is limited to the performance of the services provided, and not to the content and information transmitted or taken from the Beneficiary, which falls entirely under the responsibility of the Beneficiary.
l. Please note that SMS will be sent only between the hours 9:00 - 21:00, local time of the Beneficiary.
m. The provider is not responsible for performing the services requested by the Beneficiaries and performed directly on the Provider's platform. The Provider has no control over the content of the e-mails or SMS sent and cannot verify or monitor in any way whether the services provided comply with the legal provisions to be observed by the Beneficiary. The provider cannot be held liable for any direct or indirect damages caused by the use of the site or service. All responsibility lies with the Beneficiary. In the case of the Premium Account Management service, mentions from art. k. are applied.
n. Custom advertising services are based on the integration between the Provider and other third parties (such as Google or Facebook). In order to provide this service to the Beneficiary, they must provide programmatic access to his or her Facebook or Google advertising account or create a new advertising account as part of this process. It is worth mentioning that similarly with other services, these are automated tools, so they will be influenced by the actions or inactions of the Beneficiary. It is up to the Beneficiary to decide if and when to use these tools. Thus, the Provider is not responsible for any damage, direct or indirect, caused by the use of the site or service. The responsibility lies entirely with the Beneficiary.
o. In the case of using services for product recommendations on the website or off-site, the Provider has the duty to notify the Beneficiary that the recommendations on the website refer to a fully automated tool that helps online stores to provide fully personalized recommendations by studying the behavior of online store visitors. The performance of this service is influenced by the quality and quantity of data provided by the Beneficiary and not by certain actions / inactions performed by the Provider. The Beneficiary must decide if, when and how to include or exclude this service on the website. Thus, the Provider cannot be liable for any damage, direct or indirect, caused by the use of the Site or the Service. The responsibility lies entirely with the Beneficiary.
o. As for the email sending service to a subscriber base, also called “Newsletter”, this is an extra service that will be billed separately depending on the number of emails sent by the recipient using the resources supplied by the Provider, after purchasing the service. The Beneficiary has the possibility to upload the subscriber database to the account or from the Provider's “platform”; the database that will be used for the purpose of sending emails. The Beneficiary is solely responsible for the integrity of the database and will ensure that it transmits the correct and verified information to the Provider. The recipient is also responsible for the content sent via emails.
o. The Provider imparts the Beneficiary with an archive of banner or template graphics, as well as the structure for generating dynamic, personalized newsletters, which will self-generate through dynamic recommendations and artificial intelligence.
p. We may view, copy, and internally distribute content from the Beneficiaries Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We may use these Tools to find Beneficiaries who violate these Terms or any applicable laws.
q. The recipient is responsible for keeping the account name and password confidential. This includes liability for any account to which you have access, whether or not you have authorized its use. The Beneficiary will immediately notify Retargeting Biz of any unauthorized use of its accounts. Retargeting Biz is not responsible for any loss caused by stolen or hacked passwords. Retargeting Biz does not have access to the current password, and for security reasons, Retargeting Biz can only reset the password.
r. Retargeting.biz doesn’t know the inner workings of the Beneficiary organization or the nature of personal relationships, therefore Retargeting Biz does not arbitrate disputes over who holds an account. Retargeting Biz can decide who has an account based on the content of the emails in that account, and if there are multiple people or entities identified in the content, then Retargeting Biz will rely on the contact information listed for that account.
s. When the Beneficiary sends email marketing, it bounces around from server to server as it crosses the Internet. Along the way, server administrators may read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Retargeting Biz services.
u. The Beneficiary guarantees that its use of Retargeting Biz will comply with all laws and regulations applicable to him.
The Premium account management service is a separately charged service and includes:
Personalized marketing strategy, created by digital marketing specialists and our Google and Facebook certified specialists;
Complete account and campaign setup;
Custom texts for emails, pop-ups, push notifications, SMS notifications, Google and Facebook/Instagram campaigns;
Custom designs for campaigns;
Constant monitoring of the account, observations and recommendations from the specialist, up to 4 hours / month;
Manual optimization of campaigns;
Personalized e-commerce consulting for organic growth and customer loyalty;
Recommendations adapted to special events (Black Friday, Summer Sales, Christmas, etc.);
Detailed segmentation and targeting of audiences;
Periodic reporting of results;
Regular face-to-face meetings (or teleconferences);
3. Price of services and invoicing
a. The prices of Retargeting Biz Services are available on this webpage - https://retargeting.biz/pricing and do not include VAT. VAT will be added to EU customers based on the Member State VAT rate where the customer is located unless a valid VAT number is provided. If you opt to pay for the Retargeting Biz services on an annual basis, a discount percentage will be applied to the invoice. In the case of EU Customers, VAT will follow the relevant legal provisions from the billing date.
b. The Provider shall immediately send the invoice after the card payment is made, and its value represents the amount related to the billing cycle already completed.
c. The invoice and the payment are automatic and cannot be modified, so there is the possibility of withdrawing a larger or smaller amount. In this case, the Provider undertakes to refund the difference (if more money has been withdrawn) within 5 days and the Beneficiaries are obliged to pay the Provider the difference (if the amount withdrawn is less), also within 5 days.
If the money differences described above are not transferred by the Provider or Beneficiary within 5 days, the guilty party will owe daily delay penalties of 0.5% of the amount due. Switching to a more expensive or cheaper package is done automatically, based on the number of sessions in the last 30 days recorded on the pages where the Retargeting Biz script was added and all the provisions of art 1.f being applicable.
The Provider will notify the Beneficiary of the transition to a higher or lower subscription by email, when the threshold has been exceeded.
d. The purchase of a package of services implies a commitment from the Beneficiary for a period of 1 calendar month. The parties expressly agree that this contract shall take effect after the first calendar month, for successive periods of 30 days, until its termination in one of the ways provided for in letter “i” of this section.
The invoicing interval is 30 calendar days, the invoice being issued on the next calendar day (day 31) of the 30 contractual days, for the services consumed by the customer during the respective period (post delivery invoicing). The invoice contains the equivalent value of the monthly subscription, calculated according to the volume of traffic had by the customer in the 30 contractual days, and the equivalent value of the additional services used by the customer during that period (SMS, newsletter, recommendation engine and Premium Account Management)
e. Payments are processed by the STRIPE payment processor. Please note that the first entry of the card will be the amount of 1 EUR, which is used to validate the card with which the monthly payments will be made automatically.
Each addition of a card involves revalidation and a payment of 1 EUR.
f. If the Beneficiary does not pay the invoice issued automatically within 30 days, another invoice will be issued manually and sent to the Beneficiary who must pay it within 5 days of receiving it. Otherwise, the necessary measures will be taken to collect/recover the debt.
The payment system is designed to debit the card between 08:00 and 16:00. If there is not enough balance, for 7 days, it will be tried daily, twice a day, to debit the main or secondary card associated with the Beneficiary's account within the Provider's platform. During this period, the account activity will function normally, without any limitation of the platform's functionalities. After the 7 days grace period, the Beneficiary's account will be suspended and will remain in this state for a maximum of 15 calendar days.
The reactivation of the account will be performed only when the Beneficiary makes the payment of the outstanding invoice. If by this time the payment is still not received, the Provider will close the Beneficiary's account from the Retargeting Biz platform, and will recover the outstanding balance (last invoice, representing the subscription and additional services) by other legal means.
The billing date is not influenced by the grace period or the period in which it was suspended. If the customer pays the invoice during the grace period or when the account is suspended, the next payment invoice will be 30 calendar days from the last invoice, with the Beneficiary practically paying for the actual traffic during the contract period, plus the value of additional services consumed.
Example: The beneficiary activates on March 15 with 1 eur. On April 15, the Provider invoices the subscription and additional services for the period March 15-April 14 (30 days). On May 16, another invoice will be issued for the period April 15 - May 15 (30 days). If the Beneficiary does not pay the invoice issued on May 16 for the period April 15-May 15, neither in the grace period, nor in the one in which the account is suspended, that invoice remains outstanding and carries penalties of 0.5% per day, and the value penalties may exceed the amount of the outstanding invoice.
When the account is closed, regardless of the reason, the last invoice will be issued for the contractual period of 30 days in which the announcement of the intention to end the collaboration occurred. The last invoice issued and unpaid carries penalties of 1% per day, and the value of the penalties may exceed the amount of the outstanding invoice.
In the following situations: payment error, grace period of 7 days or suspended account period of 15 days, the Beneficiary is automatically informed by the Provider by email or SMS about the status of his account. This information is of a contractual nature.
g. For any attempt to defraud the payment system, the Beneficiary must contact the card issuing bank.
h. If your package includes services from other providers, these services are not included in the monthly prices listed and specified at https://retargeting.biz/en/prices. In principle, these include payment for SMS, payment of emails and payment of servers required for Recommendation Engine type displays.
i. As long as you’re a Beneficiary or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges from said credit card. You will replace the information for any credit card that expires with information from a valid credit card. Anyone using a credit card agrees that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. Payment can be made using one or more cards and if the main card cannot be debited, one of the secondary cards will be debited. PCI COMPLIANCE - we have the capacity to keep the payment page and the connection is secure, as we do not save the cards and we do not have access to their data. If, for some reason, we are unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
j. The termination of this contract operates in one of the following cases: the agreement of the parties, the expiration of the term, or unilateral termination or termination. The latter two cases require expressed written notification in this regard. In the event that the contract terminates by unilateral termination or by termination, the Beneficiary will owe the payment of services for the entire contractual month in which he was notified of the unilateral termination / termination.
For example, if the contract period was March 10 - April 9 (30 days), and on March 25 the contract is terminated by unilateral termination / termination, payment for services will be due for the entire period of 30 days, not only for the period March 10-25.
k. The Premium Account Management service will be billed extra.
l. The Recommendation Engine, and the sending of SMS and emails, are additional services, which are charged according to the volume of monthly submissions, in accordance with the contractual reference period. The prices are displayed on the Provider's website, in the page https://retargeting.biz/pricing.
4. Intellectual property rights
a. Notwithstanding the preceding provisions, the Provider or its partners do not own those materials for which another right holder was indicated on https://www.retargeting.biz, or another holder or another source, information provided by Users/Beneficiaries, or opinions and/or comments of any type expressed by the Users/Beneficiaries of the Site regarding materials of any type posted on https://www.retargeting.biz or regarding the Site content in general.
b. The content and graphics on https://www.retargeting.biz belong to the Provider and its partners and represent the content of Retargeting Biz
c. The Beneficiary agrees to comply with all copyright and intellectual property rights that Retargeting Biz and its partners hold / in connection with Retargeting Biz, its content, service, or any form or component thereof or in connection with their use.
d. Copying, downloading, reproducing, publishing, transmitting, partial or full sale or modified distribution of the content on https://www.retargeting.biz and https://my.retargeting.app or anything else belonging to Retargeting Biz, for purposes other than related to this contract or explicitly indicated by the Provider are prohibited.
e. The provider Retargeting Biz reserves the right to sue any person and/or entity that violates any of the clauses mentioned above.
f. Any Beneficiary who transmits information or materials towards Retargeting Biz in any way, must ensure he does not infringe in any way the copyright, intellectual property or any other type of rights that a third party may invoke in connection with the materials and information sent by any means to Retargeting Biz. The Beneficiaries who transmit by any means information and materials understand and accept that the breach in any way of this obligation cannot in any way imply the responsibility of the Provider, but only that of the respective persons.
g. Any copyright-related claim shall be sent by email to email@example.com.
h. It is strictly prohibited to use the Retargeting Biz Services to send any content with vulgar or obscene language, containing unlawful text, threatening, abusive, indecent, racist, chauvinist or that could discriminate any person in any way, or that would violate any human rights and freedoms of third parties according to the legislation in force.
i. Users / Beneficiaries understand and accept that Retargeting Biz only provides them with a direct marketing platform and that they are solely responsible for any materials, data and information posted or sent to Retargeting Biz, regardless of the form or section in which they appear; either for their use, access to or use of the service and for any facility offered by Retargeting Biz and for any legal and/or commercial derivative effect.
5. Processing of personal data as a data controller
5.1. Types of personal data processed:
The Provider processes personal data belonging to identified or identifiable individuals made available to it by the Beneficiary or captured by the Provider from the Beneficiary's website, an entity which, in turn, is provided by visitors to the Beneficiary's website, or by other data subjects. For this purpose, the Beneficiary guarantees the Provider regarding the meeting of at least one of the conditions of legality of data processing, conditions provided by art. 6 para. 1 of the GDPR (the visitor of the Beneficiary's website or another category of data subject has given his consent for the processing of his personal data, the processing is necessary for the execution of a contract to which the data subject is a party or to make requests to the data subject before concluding a contract, the processing is necessary in order to fulfill a legal obligation incumbent on the Provider, etc.).
date of birth;
delivery or invoicing address;
IP address (including possible location);
user actions on the Beneficiary's website, including those granted by the Beneficiary to the user, such as: discount code, discount value, transport cost, total order value, individual price of ordered products, product variations, products;
information captured through cookies, such as: device, OS, IP location, timestamps related to page visit, page visit, category visit, brand visit, click on the picture, mouse over cart, mouse over price, scroll up, scroll down, add to cart, remove from cart, select variation, add to wishlist, comment, like on facebook, visited helppage page, product ids in cart, price categories, promotion tag, email action, push notification action , sms action, pop-up action.
5.1.2. Special personal data:
These data usually belong to the legal representative of the Beneficiary and can be the data made available to the Provider by the Beneficiary in order to engage and conduct business relations (data from the IC of the legal representative of the Beneficiary - name, surname, domicile, place of birth, date of birth, CNP, picture, serial number and number of the CI, date of issue, issuer of the CI, etc.). These personal data can sometimes look like the associates or proxies of the Beneficiary, respectively the data of the associates and proxies mentioned in the identity cards, the registered office documents, the constitutive documents of the Beneficiary (name, surname, domicile, place of birth, date of birth, CNP- the number, series and number of the CI, the date of issue, the issuer of the CI, the data regarding the contributions of the associates within the company, the share of participation in the profits and losses of the associate, the rights and obligations of the associates, the information regarding the participation and exercise the vote of the associates, his signature) etc.
Also, the personal data made available to the Provider by the Beneficiary may concern, as the case may be, natural persons with whom the Beneficiary contracts or natural persons who have certain qualities or perform certain functions (delegated persons, etc.) within the Beneficiary's business partners. (as the case may be, name, surname, quality, position, contact data, data regarding the accounts, his signature) etc. The situation in which the personal data processed by the Provider belongs to the Beneficiary itself is not excluded, as long as he is a natural person who acts as a trader.
5.1.3. Personal data of a special nature / belonging to vulnerable categories of data subjects (eg minors):
The Retargeting Biz service is not intended to collect data of a special nature or belonging to certain categories of vulnerable data subjects, so that the Provider warns the Beneficiary not to use it for this purpose.
It is possible that the Beneficiary, if he has activities in a certain specific field, may technically be able to use certain parts of the Provider's services without his knowledge.
The following collection and processing of personal data is excluded: criminal convictions and crimes or related security measures or those provided in art. 9 para. 1 of the GDPR: personal data revealing racial or ethnic origin, political opinions, religious denominations or philosophical beliefs or trade union membership and processing of genetic data, biometric data for the unique identification of a natural person, health data (more at least when the processing of health data is necessary for the purpose of fulfilling the obligations and exercising specific rights of the Beneficiary or of the data subject in the field of employment and social security and social protection, in accordance with the provisions of Article 9 paragraph 2 letter b of the GDPR) or data on the sexual life or sexual orientation of an individual.
5.2. The purpose of processing personal data:
a) The processing of personal data is performed in order to provide automated targeting and marketing services, as they are detailed according to the Terms and Conditions available on the website Retargeting.biz. and for statistical purposes. In order to provide automated targeting and marketing services, the Provider is authorized by the Beneficiary to:
• Collect, process and directly host the personal data specified in point 5.1. received from the Beneficiary or captured by the Provider from the Beneficiary's website, by integrating the codes provided by the Provider into the Beneficiary's website, and to use this data in order to profile the own users of the Beneficiary's website.
• Communicate, on behalf of the Beneficiary, with his visitors or clients, on the basis of actions and / or profiling, as appropriate, by:
automatic sending of emails based on profiling
automatic display of pop-ups in the Beneficiary's website, based on profiling
display push notification in browser, based on profiling (automatic or manual)
automatic SMS sending based on profiling
display of products in the dynamic section of the site
offering personalized ads through Facebook, Google or Instagram.
Therefore, the activity of the Provider is not limited to profiling the Beneficiary's users, this being followed by the launch of communication with the respective users through personalized e-mail content, personalized real-time pop up messages and push notifications, etc.
5.3. The basis for the processing by the Provider of personal data:
The processing of personal data of data subjects is necessary for the execution of the contract between the Provider and the Beneficiary. The provision of the Provider or the capture by the Provider from the Beneficiary's website of personal data is mandatory for the performance of the service contract between the Provider and the Beneficiary, otherwise the impossibility of its execution. Certain processing of personal data may also be required by applicable law, including tax and accounting law.
5.4. Recipients of personal data processed by the Provider:
The processed information will be used only by the Provider, but could be disclosed to its partners and public authorities, in accordance with the law. The provider has the right to disclose / disclose certain personal data, including confidential information, as the case may be, at the request of an authority, public institution or court, or another third party authorized by law, by virtue of a legal obligation or other conditions provided by law. Therefore, the personal data made available to the Provider by the Beneficiary or captured by the Provider on the Beneficiary's website could be disclosed to the state authorities (ANAF, Territorial Labor Inspectorate, National Authority for Supervision of Personal Data Processing, etc.). ), employees of the Provider or legal advisers, suppliers (for example, Facebook, Google or Instagram), as well as service providers of the Provider (for example, banks, invoicing and invoicing service provider, etc.) who are directly related to achieving the purpose for which these data are provided, only if this communication is necessary for the correct fulfillment of the assumed contractual obligations, as well as for the observance of the obligations deriving from the law.
All the persons who will have subsequent access to the data provided by the Beneficiary have the obligation of confidentiality in this respect. Also, the Provider may communicate personal data made available to him by the Beneficiary or captured by the Provider on the website of the Beneficiary and bailiffs or public authorities with special investigative powers, without the latter being recipients in the sense GDPR (eg personal data requested by courts, prosecutors, criminal prosecution bodies, if necessary to conduct an investigation).
The processing may be performed by the Provider through other authorized persons recruited by it as follows:
Hetzner (Germany) - for hosting services;
ANY MEDIA DEVELOPMENT SRL (Romania) - for SMS sending services;
OneSignal, USA - for push notification services. OneSignal is certified in the US-EU PrivacyShield program;
Amazon and Twilio (EU) - for email sending services;
Facebook and Google (EU) - for ads campaigns;
other possible collaborators from the EU, EEA or country with an appropriate level of protection recognized by a decision of the European Commission and who have security standards at least at the level of those provided by the Provider in accordance with Article 28 (4) of the RGPD.
For future secondary proxies, the Provider receives a general authorization to subcontract with any other proxy from the EU, EEA or country with an adequate level of protection recognized by a decision of the European Commission, based on a similar contract.
5.5. Duration of processing by the Provider of personal data:
The processing of personal data by the Provider will be done according to the instructions of the Beneficiary, until reaching the purposes of processing listed in these Terms and Conditions and / or imposed by applicable Romanian law, without this time exceeding the duration of contractual relations, subject to retention of certain information after the conclusion of the contractual relationship, in situations where the applicable law or the legitimate interests of the Provider so require. In no case will the Provider store for more than 6 months the information about the visitors of the Beneficiary's site; data older than 6 months will be automatically deleted, in accordance with the provisions of point 2.f above.
5.6. Technical and organizational measures for personal data security:
The Provider processes the personal data made available to it or captured from the Beneficiary's website in a way that ensures their adequate security, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage. In this sense, the Provider has implemented in its current activity a series of appropriate organizational and technical measures, among which we mention:
• the access to the spaces in which the Provider carries out its activity is controlled by the guard personnel, and these spaces are monitored with a system of cameras and protected by a high-performance anti-burglary alarm system, entering the premises by using cards;
• restricting access to computer systems, by using access credentials (username, password), passwording accounts, banning the use of the same password for all accounts;
use of antivirus protection solutions;
avoiding the opening of suspicious attachments received by e-mail, the prohibition of downloading any software on computers;
the ability to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident;
the interdiction of the disclosure of confidential information by telephone, by e-mail or other means of communication;
Another aspect is related to the training of the Provider’s employees, so that they are informed and can make the right decisions. All staff members are subject to the obligation of confidentiality regarding personal data. The Provider’s staff has the right to manage personal data only following the Provider’s instructions and only in connection with and in the interest of service responsibilities.
Personal data will be processed with tools in electronic format or in any case automated or on paper, in accordance with appropriate methods and tools, to ensure the security and confidentiality of data, according to GDPR. All technical, organizational, logistical and procedural security measures are taken, so as to guarantee an adequate level of protection under the conditions provided by the legal regulations, allowing only the access of the authorized persons.
The provider has taken all necessary measures to protect the integrity of the processed databases and we refer, without limiting the enumeration, to SSL, FIREWALL, ENCRYPTION and limiting the access of employees.
Retargeting Biz runs using over 30 servers, all on a Linux operating system. Access to these servers is limited to a maximum of 4 people. Access is based only on a private SSH key. The systems are monitored 24 hours a day. Automatic alerts are received by email and sms when trying to use / access unauthorized systems or events that have not happened before on the server occur, all based on a machine learning algorithm. All passwords are hashed. All email addresses, including those captured from customer websites, are encrypted with a private key. All database servers are only accessible with private security keys and they are only accessible via VPN. All equipment is protected by hardware routers with integrated firewalls. Retargeting Biz servers have total anti-bot protection.
The Provider will not alienate the Beneficiary's lists, will not contact the people on these lists, will not contract with people on the Beneficiary's lists, own the lists or share the lists with any other party, unless required by law or expressly permitted to Benefit. If someone on the Beneficiary's list files a complaint or contacts the Provider, they will submit the request to the Beneficiary and wait for instructions on the procedure to follow. Only authorized employees have access to view the Distribution Lists. Any personal data from the Beneficiary will be processed in accordance with the rules of Regulation (EU) no. 679 of April 27, 2016.
The Provider undertakes that throughout the contract to ensure the training of authorized personnel to process personal data on the confidentiality of such data.
The Provider also undertakes:
• not to copy, reproduce, distribute or disclose, in whole or in part, to any natural or legal person, any of the personal data processed and / or aspects related to them, with the exceptions mentioned in these Terms and Conditions ;
• not to reuse personal data or information and / or documents containing personal data and of which he has become aware in the performance of the contract, in any way and for any other purpose not provided for in this contract, neither in his own interest nor in the interest to another third party, neither for free nor for a fee.
5.7. Data security breach and technical assistance mechanism:
Depending on the purpose of the services provided, the Provider will assist the Beneficiary in notifying him, as soon as possible, without undue delay and if possible no later than 2 working days from the date of the detection of a data security breach, violation occurred in the Provider’s computer systems and/or in the processing performed by the Provider’s for the Beneficiary, as follows:
The provider will take all possible measures, from a technical point of view, to identify the cause and to stop as soon as possible the situation that led to a breach of data security;
The provider will save and/or capture all possible technical information, in order to prove the situation of data security breach produced, the conditions and causes in which it occurred and the effects produced both on personal data and from the perspective of data subjects whose personal data have been affected, as far as possible, from a technical point of view;
The provider will take all possible technical measures to remedy a possible future situation of identical and / or similar data security breach, as appropriate and as far as technically possible;
The Provider shall centralize all the information provided for in point 5.7 a-c and make it immediately available to the Beneficiary;
The Provider is not a substitute for the Beneficiary, which has the exclusive obligation to notify the National Supervisory Authority, in which case the Provider will support the Beneficiary as follows:
The Provider shall promptly respond to any request received from the Beneficiary and/or the national supervisory authority, within the time limit imposed by the authority and/or within 2 working days, in relation to the Beneficiary;
The Provider shall make available to the Beneficiary and / or the national supervisory authority all necessary information and / or devices to be checked, in case of a control, within the time limit imposed by the authority and / or within 2 working days, in relation to The beneficiary;
The Provider will perform, at the request of the Beneficiary, the transmission of the notification to the targeted personnel, by email; any other form of communication imposed by the authority will be made exclusively by the Beneficiary, at his expense, unless the fault of the Provider is found.
5.8. Cooperation between Beneficiary and Provider:
The Provider acts on the basis of the instructions given by the Beneficiary, under its authority, and processes the personal data of the data subjects, as they are obtained by the Beneficiary. If the Provider collects personal data, it does so only in the name and on behalf of the Beneficiary.
In relation to the Beneficiary, the Provider never establishes the purposes or means of processing personal data, even in the situation where it advises the Beneficiary on various means of processing.
The Beneficiary has the task to analyze and choose the appropriate legal basis on which it is based when processing personal data, including those sent to the Provider to be processed by him, as his proxy, respectively obtaining the consent of data subjects. for the processing of personal data or the use of another legal basis.
The Beneficiary and the Provider delimit their responsibilities for ensuring the protection of personal data (eg ensuring the confidentiality or security of processing), depending on the access and effective control exercised over the data, both contractually and technically.
In all situations where the Beneficiary is the one who has to execute an obligation, such as, for example, informing the data subject about the personal data breach, the Provider cannot be held liable by the Beneficiary's inactions within the scope of that obligation. For clarification, the Beneficiary is the one who has the obligation to identify the appropriate legal bases for obtaining, making available to the Provider or capturing by the Provider from the Beneficiary's website the personal data of the data subjects and the processing of these data. In this sense, for example, the Beneficiary is the one who may enter into possession of such personal data as a result of access by visitors, registered users of the Beneficiary's website or its customers, who accept the policy of terms and conditions of The beneficiary, or by signing employment contracts with his employees, contracts with commercial partners, etc. Therefore, all this inevitably implies the establishment by the Beneficiary of contacts with various individuals, regardless of whether they are visitors, registered users of the Beneficiary's website or its customers, its employees, legal representatives or delegates of commercial partners, etc., and the development of legal relations with the respective natural persons can be done only by using personal data belonging to them.
5.9.1. The beneficiary has the following rights:
a. receive information or verify, directly or through a mandated auditor, how the Provider implements appropriate technical and organizational measures so that the processing of personal data complies with the requirements of the RGPD and ensures the protection of the data subject's rights. The verification will take place on the basis of a prior notification, formulated in writing, including by email, sent 10 working days before the verification;
b. to receive assistance from the Provider , in order to fulfill his obligation to respond to requests regarding the exercise by the data subject of his specific rights.
5.9.2. The provider has the following rights:
a. to recruit secondary proxies;
b. covering the costs generated by ensuring the assistance of the Beneficiary in the situations provided in points 5.7.e and 5.9.1.b
c. to use statistical information containing only anonymized data, resulting from the activities performed under this contract and / or the entire activity of the Provider, for its own purposes of research, analysis and promotion of the Provider’s services.
5.10.1. The Provider has the following obligations:
a. to process personal data exclusively through the services covered by this contract, in accordance with the legal instructions and requirements of the Beneficiary, in accordance with this contract and in accordance with the relevant regulations in force;
b. to respect the confidentiality of personal data and information that may be given personally and about which he became aware during the execution of this contract;
c. to establish, in agreement with the Beneficiary, the specific deadlines for carrying out the processing activities arising from the contract and to respect the deadlines for carrying out the processing activities established by the Beneficiary;
d. to inform the Beneficiary about the status and progress of the processing activities, by any means of communication agreed between the parties;
e. to provide assistance to the Beneficiary according to these Terms and Conditions;
f. to send for settlement to the Beneficiary any request received (eg request, notification, complaint, etc.), in connection with personal data that have been collected and processed by the Provider, based on the commercial contract between the parties, within a maximum of 5 days calendars from its receipt;
i. to delete or return to the Beneficiary all personal data, after the cessation of the provision of services related to processing and to dispose of existing copies, in accordance with these Terms and Conditions, subject to retention of certain information including after the conclusion of contractual relations, in situations which the applicable law or the legitimate interests of the Provider require.
j. to make available to the Beneficiary all the information necessary to demonstrate compliance with the obligations imposed on him by the RGPD;
k. to allow audits, including inspections performed by the Beneficiary or other mandated auditor, to be carried out and to contribute to them with the necessary information.
5.10.1. The Provider has the following obligations:
a. to process personal data exclusively through the services covered by this contract, in accordance with the legal instructions and requirements of the Beneficiary, in accordance with this contract and in accordance with the relevant regulations in force;
b. to respect the confidentiality of personal data and information that may be given personally and about which he became aware during the execution of this contract;
5.11.1. The Provider is liable for the damage caused by the processing if it has not complied with the obligations of the RGPD which are specifically incumbent on it and according to the collaboration rules provided in these Terms and Conditions.
5.11.2. The Provider shall be liable for any damage caused by the processing if it has acted outside or contrary to the instructions of the Beneficiary.
5.11.3. If the Provider has recruited a secondary proxy and the latter does not comply with its data protection obligations, the Provider remains fully liable to the Beneficiary for the fulfillment of the secondary proxy's obligations. In all these cases, the Provider’s liability is to be limited only to the proven value of the actual damage created, and not to the value of the entire contract.
5.12. Exemption from liability
The Beneficiary agrees to release the Provider from any liability for damages arising from:
a) non-compliance with the contract due to events that exceed any liability of the Provider;
b) non-compliance with the contract due to some actions of the Beneficiary;
c) the observance of the Beneficiary's instructions or the non-observance of the Beneficiary's instructions justified in advance by a notification regarding its illegality;
d) lack or vitiation of the consent of the data subjects regarding the processing of their personal data.
5.13. Data protection officer
The Data Protection Officer of the Provider is:
Attention: The person in charge of data protection at Retargeting Biz
Address: Nicolae Caramfil no. 49, floor 1, Sector 1, Bucharest, 077190, Romania
The beneficiary has the possibility to nominate a data protection officer in his account on the Retargeting Biz platform.
a) All information that is made available to the parties during the negotiations, in connection with requests for quotes, with the conclusion and performance of commercial contracts, as well as in connection with any other pre-contractual, contractual or post-contractual relationship that may be established between the Parties, is confidential and is, at all times, the property of the party disclosing them.
b) The Beneficiary has no right to copy, multiply, disclose to any other person, company, or corporation, any of the information related to the code, logic and algorithm of the system on the software used https://retargeting.app, https://www.retargeting.biz, domains, subdomains and applications that the Provider owns and/or manages, data on hardware or hardware configurations, ideas, know-how, manuals, methods, notes, operating procedures, schemes, processes, projections, protocols, records, images, software, specifications, studies, strategies, surveys, techniques, technical specifications or other confidential information, as defined in point 1.b of these Terms and Conditions.
c) The Provider has no right to copy, multiply, disclose to any other person, company, corporation any of the information related to the Beneficiary's website, products, pricing policy, business strategy, financial information and any other type of information that does not has the character of public information, except with the prior consent of the Beneficiary.
d) The Parties shall not copy, reproduce, distribute or disclose, in whole or in part, this information to third parties and shall not use it for any purpose other than as intended by the Parties. The information may not be transmitted by electronic means or any other means of communicating the information to third parties, the transmission or placement in the media without addressee being considered a violation of the confidentiality of information that implicitly harms the owner of that information.
7. Link to other websites
a. Beneficiaries understand and agree that Retargeting Biz may contain links or references to other sites, including product sites and/or service providers to which the advertising banners are posted on the following URLs: https://www.retargeting.biz or https: //my.retargeting.app, which advertise but are not limited to, microsites, personal sites (blogs), which are considered by the Provider as useful in connection with the Content on https://www.retargeting.biz or https://my.retargeting.app. However, these are not under his control or leadership.
b. The Provider is exempt from any liability of its content, opinions expressed on all sites mentioned above, as well as their correctness and accuracy. Moreover, the Beneficiaries understand and accept that these Internet pages are not monitored, controlled or verified in any way, shape or form by the Provider. When the Beneficiaries access such pages, they do so at their own risk, knowing that the use of the services offered by these sites is subject to the conditions imposed by the administrators of these Internet pages.
8. Limitation of liability
a. The Beneficiary assumes full responsibility, regardless of its nature (civil, criminal, etc.) for the content of SMS, e-mails sent, the content on the site, but also the content of dynamic promotion campaigns made available to the Beneficiary by the Provider. The Provider cannot be held liable for any SMS or e-mail sent, the Beneficiary being solely liable to users, to any third party and to the authorities for compliance with legal provisions and for any direct or indirect damages, material or moral, caused by possible alleged infringements of the rights of third parties, for any legal consequences arising therefrom or for any infringements of the law, regardless of whether the basic service provided for in point 2.e or the Premium account management service provided for in point 2.v is provided.
To remove any possible misinterpretation, the Provider will never be held liable, as it either has no control over the content of e-mails or SMS sent and cannot check or monitor in any way whether or not the services provided comply with the legal provisions that must be observed by the Beneficiary. The situation encountered in the case of the basic service offered to the Beneficiary, or the Beneficiary is the one who assumes exclusively the responsibility after receiving the consultancy of the Provider of the Premium account management service. Therefore, in no case will the Beneficiary be able to invoke or extend in any way and in any measure the responsibility to the Provider for the content of messages, e-mails, campaigns, etc. sent for the purpose of providing automated targeting and marketing services.
b. Under no circumstance, regardless of the situation invoked, will the Provider be held liable to the Beneficiary, in connection with the Services, for any additional amount compared to the amounts actually paid by the Beneficiary to the Provider. The Beneficiary has the obligation to check the situation of the account on https://my.retargeting.app, according to point 1 article b. The provider provides the Beneficiary with a soft self service. The beneficiary has the responsibility to verify the concordance between the amounts set in the account on https://my.retargeting.app and the third party Facebook and Google within 3 days and may send the discrepancy to the provider to be corrected.
c. By using the Services, the Beneficiary declares that it has all legal rights to the databases with personal names to which SMS messages and e-mails will be sent, as that information in the databases has been legally obtained, in accordance with the applicable national law, with the rights of third parties and with any legal provisions in force and that the SMS and e-mails are in accordance with the legal provisions in force. Beneficiaries agree that this data will be processed in accordance with the Rules for contracting data processors.
d. The Provider does not assume any obligation and does not guarantee, implicitly or deliberately, that, as a result of the services provided, the Beneficiary will obtain a certain result. In this sense, it is self-evident that the nature of the Provider’s obligations are limited to the scope of due diligence obligations, within the meaning of art. 1481 (2) of the Romanian Civil Code, and not as a result. Due to the current internet infrastructure, the Provider cannot guarantee that the e-mails sent are actually received by all users. The provider will make every reasonable effort to ensure the facilitation of the services and will try to correct any errors and omissions as soon as possible.
e. The Provider does not offer any guarantee and has no responsibility for the result of the services provided at the request of the Beneficiary, for the information made available through https://www.retargeting.biz and retargeting.app by Users/Beneficiaries. To that end, the Provider cannot be held liable for any loss or damage that may result from the use of each section, sequence, or page on https://www.retargeting.biz, the service or the inability to use it, regardless of its cause or misinterpretation of any provision of https://www.retargeting.biz.
f. Users/Beneficiaries understand and accept that the Provider provides Users/Beneficiaries with a hosting platform, so that all services and facilities related to the use of the retargeting.app, as well as all data and information contained therein, are provided "as is" , “As available”, and Users/Beneficiaries use them at their own risk. Users/Beneficiaries understand and agree that the Service made available on Retargeting Biz is made available on an "as is", "as available" basis and to use it at their own risk. Users/Beneficiaries understand and accept that the provision of the service may be affected by certain objective conditions, as well as any services offered through Retargeting Biz, and these are provided in accordance with the principle "as is", "as available" and Users/Beneficiaries use the services at their own risk.
Accordingly, the Provider cannot be held liable for any information and data included in the content of retargeting.app or received from users, including but not limited to, those related to offers, services, data and information related to the use of service or any other activity related to the use and access of the service and/or of https://www.retargeting.biz and retargeting.app, as well as any other legal effects derived therefrom.
g. User/Beneficiaries understand and accept that the Provider is exempt from any liability in case of interruption, interruption, impediment, malfunctions or errors in the operation of the site https://www.retargeting.biz and the retargerting.app. The provider is also exempt from any liability In case of technical defects or errors of another nature in the provision of the Service, and in any situation in which it would not be proven with certainty that any errors or technical problems of the above are directly and exclusively the fault of the Provider.
H. Users/Beneficiaries expressly understand and agree that the Provider is exempt from any liability for any direct or indirect damages, including, but not limited to, loss of profit, business or other intangible losses resulting from the use of the Service, or any other aspect related to the service and the use of retargeting.app in any way, or any legal consequences arising therefrom.
i. Beneficiaries understand and agree that the Provider is exempt from any liability for messages sent, and the subsequent content sent to the Users through the Service
j. In cases of force majeure, the Provider and/or the operators, directors, employees, branches, subsidiaries and its representatives are totally exempt from liability. Cases of force majeure include, but are not limited to, errors in the technical operation of the company's equipment, failure of the Internet connection, denial of service attacks, malfunction of telephone connections, computer viruses, hacking attacks of any kind and any interference with any software, malicious attacks, unauthorized access to Retargeting Biz systems, operational errors, strike, etc. In this context, the Provider has taken all necessary measures to protect the integrity of the processed databases i.e. SSL, FIREWALL, ENCRYPTION and limiting the access of employees. In the event of cyber attacks, malicious software access, or unauthorized access to the Beneficiary's account, the Provider is not responsible for their consequences which may damage the integrity of the databases or create damage to the Beneficiary's account.
k. Users/Beneficiaries agree to fully protect, insure and compensate the Provider and/or its operators, directors, employees, subsidiaries and representatives against any claims, actions, fees, losses, damages, costs (including but not limited to attorneys' fees, fees for experts and consultants or executors, legal fees, notaries or performance fees), judgments, decisions, fines, regulations or other obligations arising out of or in connection with any other action of the User/Beneficiary, in connection with use of the Services or any other matter relating to the Service.
9. GOVERNING LAW DISPUTES
The rights and obligations of the Users/Beneficiaries and the Provider, provided in the Terms and Conditions and all legal effects resulting from the Terms and Conditions will be interpreted and regulated in accordance with the Romanian legislation in force. The law applicable in the relations between the Provider and the User/Beneficiary/Third party is the Romanian law. The law applicable to any report or effect resulting from the Service or by accessing https://www.retargeting.biz and the retargeting.app is Romanian law. Any dispute arising out of or relating to these Terms and Conditions will be settled amicably. In case of impossibility to reach an agreement, the dispute will be established by the competent court in Romania from the Provider's headquarters. If one of these provisions is null and void, the other provisions will continue to have effect. The clause without legal effects will be replaced with another, allowed by law and corresponding to the economic purpose considered by the clause that has become unwritten.
These provisions are supplemented with the provisions of the civil code, as well as with the relevant Romanian legislation. By accepting these terms and conditions, each and all of their clauses are expressly confirmed, there being no objections and no legal provisions regarding standard, unusual or abusive clauses.
Any notification or communication the transmission of which is necessary or provided by these terms and conditions will be considered valid and effective if it is given in writing and delivered by post, courier services or electronic means of communication (fax or e-mail). If the communication/notification is sent by electronic means of communication (fax or e-mail), it will be considered received on the first working day after the day on which it was sent, and if the notification/communication is sent after 5 PM, it is considered received the next working day after the one in which it was sent.
11. AMENDMENT TO TERMS AND CONDITIONS
The Provider is entitled to modify at any time and in any way, any of the provisions of the Terms and Conditions or the Terms and Conditions in full, without any prior notice and without being required to complete any other formality to Users/Beneficiaries. Any amendment will be considered fully and unconditionally accepted by any User/Beneficiary by simply using or accessing any facility offered by Retargeting Biz, by using the Services or by accessing https://www.retargeting.biz at any time after an amendment to the Terms and Conditions. Failure to accept any change entails the obligation of the respective User/Beneficiary to immediately stop accessing the Beneficiary's account from the retargeting.app and/or using the Service in any way.