Terms of Service
Data Processing Addendum (DPA)
Dear Valued Customer,
Clickaround is a promotion & trading medium for Clickaround Ltd
Here are the answers to some of your questions about this much talked about GDPR.
Clickaround Ltd has always been a supporter of privacy and takes pride in always being proactively compliant with data privacy laws and regulation. Rest assured, we?ve been gearing up for this new European data protection regulation for months.
The General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, and applies to all EU-based businesses as well as anyone who has customers or contacts in the EU.
Following are some of the steps taken by us in order to keep Clickaround and our customers GDPR-compliant:
Added a Data Processing Addendum (DPA): To make you and us GDPR-compliant, we have also added a DPA that you can review right here.
Applied for EU-US Privacy Shield: We?ve promptly applied for Privacy Shield Certification which helps keep users protected.
Created a privacy team: We have trained our staff and made them ready to answer your privacy questions, complaints or requests at sales@Clickaround. Our team is also there to support you in your compliance requirements and will provide you with the guidance you may need for your DPIAs (Data Protection Impact Assessment).
Enhanced confidentiality: We have added confidentiality terms and conditions in the contracts of all the existing staff members who are involved in the processing of your personal data and changed the policies and agreements for future as well.
Drafted a new Data Breach Policy: In the highly unlikely scenario of a data breach, and also as GDPR instructs, we?ve created a data breach policy with the intent and readiness to notify supervisory authorities and affected users within 72 hours.
Additionally, we are continuing with the following.
Offer opt-out mechanisms: There will always be an option to opt-out of our marketing communications by following the clear ?Unsubscribe? links in our emails.
Continued Upgradation: We will keep on getting best-of-class Physical security and technical infrastructure, as well as take technical and organizational actions to keep your data secure.
Continued Enhancement: We'll keep enhancing our service features so that you can move, copy or transfer your personal data in a safe and secure way across different services. We'll also keep supporting the GDPR rights of our customers and their end users.
We hope this makes our transition into GDPR smoother. If you have any questions, please email sales@Clickaround
This master subscription agreement (hereinafter “MSA”) is an agreement between you or the entity that you represent (hereinafter “You” or Your” and Clickaround the business management Software as a Service (hereinafter “Clickaround Ltd ” or “Service”). The MSA governs your usage of Clickaround Ltd , Clickaround and any other media related agreement connected legally to Clickaround Ltd from the date of signing up for the service. By signing up to a Clickaround Ltd service , you agree to the terms of this agreement. This Agreement was last updated on May 24, 2018. It is effective between You and Us as of the date of You accepting this Agreement.
This section contains a list of terms and their meaning within this agreement:
We, Us or Our
These refer to Clickaround Ltd the company who you are contracting with. All legal inquiries should be directed to Clickaround Ltd, 14 Srahanarry, Bangor Erris , Co Mayo, Ireland.
You or Your
These refer to the company or other legal entity for which you are accepting this Agreement and subsidiaries of that company or entity.
This refers to the collection of online, web-based applications and tools provided by Us. Also our websites and platforms are referred to as Services. Third Party Applications are not part of this category.
This refers to all electronic data or information submitted by you to the Service, while using the service.
This refers to online, web-based applications and offline software products that are provided by third parties that interoperate with the Services, and are commonly understood as third-party applications, including but not limited to those listed on the Partner-list.
1. Acceptance of Terms
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates and users to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if do not agree with the terms and conditions in this agreement, you should not accept this agreement and may not use our services.
You must meet your country’s legal age requirements to enter into a binding agreement in order to accept the Terms.
2. Provided Services
This section covers the services that are being provided by Clickaround.
2.1 Provision of the service
In order to access the service, you need to sign up for a user account and provide all the information required in the signup form. We shall make the Clickaround service available to you pursuant to this agreement. You agree that Your acceptance hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.
2.2 User subscriptions
User subscriptions are for designated users and should not be shared or used by more than one user. You can create new users by creating new employees in Clickaround Ltd . Consult the Getting started-guide and other relevant sources to understand more about this.
When subscribing to this Service, You agree to: a) provide true and complete information about yourself in the signup form and b) maintain and promptly update that information as true and complete. If we have reason to believe that you have provided false or incomplete information, we may delete your account and prevent you from using the Services now or in the future.
2.3 Usage Limitations
Services may be subject to other limitations, such as, but not limited to, limits on disk space, API load, Page views, etc.
3. Clickaround Ltd (www.Clickaround) service users
This section identifies the categories of users and acceptable usage conditions for each category of users:
3.1 Categories of Users
This section defines the various categories of users:
End users – This category of users use Clickaround to manage and run their business. This category has two subcategories:
Entrepreneurs, business owners, promoters – If you own a business or are thinking of starting a business, Clickaround is the service for you.
Employees – If you are an employee of a business that uses Clickaround, you can become a user of Clickaround for that employer.
Competitors – These are competitors of Clickaround or those who intend to compete with Clickaround.
Data Aggregators – These are users who intend to aggregate information from Clickaround for any purpose.
3.2 Conditions of usage for End Users
You agree to allow access only to your employees (including yourself) to your firm in Clickaround.
You shall not give access to the service to any third party representative. You are not allowed to provide any service based on the Service without a prior written permission from us. Using the Services for illegal purposes or spamming is strictly prohibited.
3.3 Conditions of usage for Competitors
If you are a competitor of Clickaround or intend to compete with Clickaround, you may not access our services, except with our prior written consent.
3.4 Conditions of usage for Data Aggregators
If you are a data aggregator, you are not allowed to use Clickaround on another user’s behalf, even if that user provides their credentials to you. If you need to aggregate data from Clickaround, you should become our affiliate and work with us to get your service implemented.
4. Third-Party Providers and Clickaround Service Provider Network Services
This section covers all the clauses covering services provided/performed by third parties, but are either advertised in or integrated into the Clickaround service.
4.1 Community Ratings
In the Clickaround community, participants may rate or comment about products, services and service providers. These ratings are not reflective of Clickaround’s opinions about them and cannot be construed as either our recommendation to use or not use a particular product or service or provider.
4.2 Signing up for third-party services and products
At various points in the business process, Clickaround might offer third party applications for sale or subscription. Any acquisition/use by you of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between you and any third-party provider, is solely between you and the applicable third-party provider. We do not warrant or support third-party products or services, whether or not they are designated by us as “certified” or otherwise, except as specified in the signup form.
4.3 Third-party applications and your data
If you subscribe to a third-party service for use with Services, you acknowledge that we may allow providers of those third party applications to access your data as needed by both Clickaround and the third-party service to interact meaningfully. We are not responsible for any disclosure, creation, modification or deletion of your data resulting from any such access by third-party providers.
4.4 Availability of third-party services
Service features that interoperate with third-party services depend on the availability of such services. If a provider de-supports or ceases to make an API available to us, Clickaround may cease to support that provider.
4.5 Performance of third-party services
Third-party service integrations may impact the speed at which a particular transaction can be performed in Clickaround. We are do not take any responsibility of this.
5. Fees, and payment for purchased third-party services
This section covers all the fees, and payments for purchased third-party services.
5.1 User fees
The Paid Service Offerings is provided to you at the price and under terms stated in Golfpro’s website. Except as otherwise specified herein or in Clickaround website.
Fees are quoted and payable in the currency quoted in Clickaround.
Fees are based on services purchased. Additional fees could apply based on actual usage.
Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise mentioned in section 5.5.
We reserve the right to change the fees and to start charging for use of Services that are currently available free of charge. You will not be charged for using any Services unless you choose to opt for a paid plan.
User subscription fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof.
5.2 Invoicing and Payment
You will provide us with valid and up-to-date credit card information or bank account information. You authorize us to charge your credit card or bank account for the initial subscription term and any subsequent renewals. Such charges shall be made in advance, either annually or monthly or quarterly, depending on the nature of the fee. For example, if the fee is a monthly fee you will be billed monthly. If you cancel your subscription at any point, your account will be active until the end of the period that you already paid for. Cancellations will be effective from the next subscription period or until the time the current subscription is completed.
5.3 Suspension of Service and Acceleration
If our attempt to charge your credit card or bank account results in a denial, we may, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the paid services until such amounts are paid in full.
Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all taxes associated with your purchases. If we have the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be charged to the same credit card or bank account you provide. If you are eligible for any waivers, you have to handle that with the tax authorities for appropriate refunds.
Clickaround (clickaround ltd) will stop monthly or yearly automatic billing on any proxy account or other Clickaround (clickaround ltd) account or service provided when you opt out of the Paid services. If you sign up for a monthly service and request the service to be cancelled, your account will no longer be rebilled starting with the date of your notification. The Paid Plan service will still be active until the renewal date; at which time the account will be downgraded to a Plan that is free. We will then stop billing your account. Clickaround Ltd will refund any charges made, if your request was placed before your rebill date and your account was still charged.
Annual plan fees that are discounted are non refundable.
6. Proprietary Rights
This section details your and our proprietary rights.
6.1 Reservation of Rights
Subject to the limited rights expressly granted herewith, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than what is expressly set forth herein.
You shall not:
Permit anyone except you and your employees to access the services without our permission.
Create derivative works based on the services.
Copy, frame or mirror any part or content of the services, other than for your own internal purposes.
Reverse engineer our software and services.
Access the services in order to:
Build a competitive product or service.
Copy any features, functions or graphics of the services.
6.3 User generated content
You are solely responsible for the photos, profiles (including your name and image), messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share content on the Service that you did not create or that you do not have permission to post.
You understand and agree that we may, but are not obligated to, review the Service and may delete or remove (without notice) any content in our sole discretion, for any reason or no reason, that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you transmit to, post, or store on the Service.
As between us and you, you own all rights, title and interest in and to all of your data. Notwithstanding this unconditional ownership, if the service is not used by you for more than 180 days consecutively, Clickaround (clickaround ltd) may decide to delete your data. Unless you permit the use of your content for commercial, marketing or any similar purpose, we will not use, reproduce, adapt, modify or publish any content created by you or stored in your Clickaround Ltd -account. We do have the right to access, copy, store, transmit, reformat or distribute the content of your account, if it is required to provide the Services to you.
6.4 Feature requests
Clickaround Ltd encourages users to suggest their ideas for improving the service. We shall have all rights to such requests, suggestions, and any content that is part of that request.
7. Information Protection
You are responsible for all activities that occur in your user account. If there is any unauthorized use of your user account, you should inform us immediately. You are expected to keep your username, password and other sensitive information confidential. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account.
8. Illegal Activities
You are not allowed to use the Service for illegal purposes and/or activities, or to promote illegal activities.
You are not allowed to use the Service or our website(s) to harass, abuse, harm or discriminate others.
You will be solely responsible for the activities you use the Services for, and the content you upload or create in the Service. We will take no responsibility to monitor the conduct of any User of the Service. Using the service for transmission of “spam”, “junk mail”, “chain letters”, “phishing” or for unsolicited mass distribution of email is forbidden.
If we have reason to believe that you are using the Services for illegal or unauthorised action, we may eliminate your account and prevent you from using the Services now or in the future.
9. Warranties and Disclaimers
9.1 Our Warranties We warrant that:
All articles – whether promoting Clickaround (clickaround ltd) usage or general business advice – are provided on an “as is” basis. Clickaround does not make any warranties – expressed or implied – by publishing these articles on our site.
All the third party services, either software based or not, will be governed by individual agreements between you and the third party service providers. Clickaround Ltd does not make any warranties – express or implied – by creating the integration between Clickaround (clickaround ltd) and the various service provider network participants.
For any breach of such warranty, your exclusive remedy shall be as provided in Section 12.2 (Termination for Cause) and Section 5.5 (Refunds).
9.2 Your Warranties
You warrant that you will use the service in accordance with the usage policies outlined in Section 2 and the policies mentioned throughout this Agreement. You also warrant that you will not use the service to do anything unlawful. In cases where you are found to be in conflict the law, Clickaround Ltd will always take the side of the law and abide by the law, including releasing information about your activities, data to the appropriate legal authority. For any breach of such warranty:
Clickaround Ltd may suspend your account in all the Clickaround (clickaround ltd) firms that you have access to.
Your firm may be disallowed to use Clickaround (clickaround ltd).
You may be disallowed to open new accounts in Clickaround Ltd .
9.3 Mutual Warranties
Each party represents and warrants that:
It has the legal power to enter into this Agreement.
Will obey the factors and clauses stated in this Agreement.
We disclaim all warranties of any kind. Except as expressly provided herein, either party makes no warranties of any kind, express, implied, statutory or otherwise. This disclaimer applies to everything including warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. You use the Service solely on your own risk. We make no warranty that the services are uninterrupted, timely or secure. Any advice or information, written or oral, given to you by Clickaround Ltd , our employees or representatives does not create any warranty not stated in the terms expressly.
We take no responsibility and shall have no liability, for any incorrect or inaccurate content posted related to Clickaround Ltd , whether stated by us, any User, Partner or other Person.
10. Limitation of Liability
IN NO EVENT SHALL Clickaround BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT.
Clickaround (clickaround ltd) WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR LOSS OF PROFITS, INFORMATION OR OTHER LOSS ARISING OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE. IN ANY EVENT OUR ENTIRE LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, 25% OF THE TOTAL ANNUAL DOLLAR AMOUNTS PAID AS FEES TO USE THE SERVICE.
10.1 Force Majeure
Either Party’s performance will be excused, if and to the extent reasonably necessary, in the event that an act of God, war, civil commotion, fire, explosion, or other force majeure event that occurs without the fault or negligence of the non-performing Party prevents timely performance under the Agreement.
By agreeing to this Agreement, you agree to indemnify and hold harmless Clickaround, our employees, suppliers and affiliates from and against any losses, damages, fines and expenses, arising out of or relating to any claims that you have used the Service in violation of any law, provisions of the terms or any other claim related to your use of Services, except where such use is authorized by Clickaround (clickaround ltd).
12. Term and Termination
The term of this Agreement will commence on the date you accept it and shall remain in full force and effect for one year unless terminated pursuant to the provisions of this Section. Thereafter, this Agreement will be renewed automatically for successive one-year periods unless terminated pursuant to the provisions of this Section.
12.2 Termination for Cause
We reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms.
This Agreement and/or any Work Order(s) issued under it may be terminated by either Party by written notice to the other Party in the event such other Party materially breaches any of its material obligations as set forth in this Agreement and/or any Work Order(s) issued under it and fails to cure such breach within thirty (30) days after written notice thereof from such notifying Party. The termination will occur as follows:
Clickaround (clickaround ltd) will terminate user/firm by suspending the user/firm. The termination of user account may include denial of access to all Services, deletion of information in your user account, and deletion of all data in your user account.User/firm can terminate Clickaround (clickaround ltd) usage by simply not using the service. Clickaround Ltd reserves the right to delete or clean up any unused accounts.
12.3 Termination for Convenience.
The Client may terminate this Agreement for convenience any time by not using the service. Annual Plan fees that are discounted are non refundable.
Provisions of this Agreement which by their express terms or context impose continuing obligations on the Parties will survive the expiration or termination of this Agreement for any reason.
13. General Provisions
This section contains all the general provisions of this agreement.
13.1 Export Compliance
Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions including ireland in providing and using the Services. Without limiting the foregoing:
Each party represents that it is not named on any U.S. government or Irish list of persons or entities prohibited from receiving exports.
You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
13.2 Relationship of the Parties
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency and fiduciary or employment relationship between the parties.
13.3 The Agreements
13.4 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
13.6 Arbitration and attorney fees
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and the governing body for the Irish marketplace for business conducted in Ireland.
Any such disputes shall be arbitrated on an individual basis, and shall not be consolidated in any disputes, claims or controversies of any other party. The arbitration shall be conducted in California and the governing body for the Irish marketplace for business conducted in Ireland.. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this agreement following your breach of this agreement.
13.7 Communication from Clickaround (Clickaround Ltd)
We may communicate with you through emails, newsletters and service announcements. You can unsubscribe from our Newsletter but you will not be able to opt-out from receiving service announcements and administrative messages.
Clickaround (Clickaround Ltd). You agree not to display or use, in any manner, the Clickaround (Clickaround Ltd) without our prior permission.
15. Modification of terms
This Agreement supersedes any previous Agreement to which you and Clickaround may have been bound. This Agreement may be modified by Clickaround in its sole discretion from time to time and such modifications will become part of this Agreement and will be effective once posted by Clickaround on the Website. You should review the Website and this Agreement from time to time for any modifications. Your continued use of the Service will be taken as your agreement to the modified Terms.
End of Agreement:
You can address any comments or questions regarding this agreement to sales£Clickaround
This Agreement was last updated on May 24, 2018.
Effective on May 18, 2018
This privacy statement describes how Clickaround (Clickaround Ltd). collects and uses the personal information you provide on our Web site: Clickaround. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
If you have questions or concerns regarding this policy, you should first contact us at sales@Clickaround.
Collection and Use of Personal Information
We collect the following personal information from you
Contact Information such as name, email address, mailing address, phone number
Billing Information such as credit card number and billing address.
Unique Identifiers such as user name, account number, password
Preferences Information such as product wish lists, order history, marketing preferences
Information about your business such as company name, company size, business type.
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
We use this information to
Fulfill your order
Send you order confirmation
Assess the needs of your business to determine suitable products
Send you requested product or service information
Send product updates or warranty information
Respond to customer service requests
Administer your account
Send you a catalog
Send you a newsletter
Send you marketing communications
Respond to your questions and concerns
Improve our Website and marketing efforts
Conduct research and analysis
Display content based upon your interests
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at sales@Clickaround.
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information
As required by law such as to comply with a subpoena, or similar legal process.
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If Clickaround (Clickaround Ltd). is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
To any other third party with your prior consent to do so.
Sharing with trusted third parties
We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf.
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).
Communicating with you
We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services.
These contacts may include:
Text (SMS) messages
Automated phone calls or text messages.
You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into your account and visiting “Account Settings” page.
If you make use of a service that allows you to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at privacy@Clickaround.com.
Transfer of personal data abroad
Third Party E-Commerce Solutions Provider
Our shopping cart is hosted by our e-commerce solutions provider. They host our ordering system and collect your billing information directly from you for the purpose of processing your order. This company does not use this information for any other purpose.
Cookies and Other Tracking Technologies
Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
We use a third party to gather information about how you and others use our Web site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.
Links to Other Web Sites
Our Site includes links to other Websites whose privacy practices may differ from those of Clickaround (Clickaround Ltd)..
If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Website you visit.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at sales@Clickaround.
We provide two means for you to make a purchase on our site. You can either use our order from or a third party payment option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.
We will retain your information as long as your account is active or as needed to provide you services.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at sales@Clickaround. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Usage of 3rd Party Services for Data Sources
We use multiple web analytics tools provided by service partners such as Google Analysis, Facebook Audiences, Facebook Connect, G2Crowd, Drift and PureChat to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information, and have live chat capability with our visitors.
We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside.
Additional Policy Information
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Correcting and Updating Your Personal Information
To review and update your personal information to ensure it is accurate, contact us at sales@Clickaround.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Compliance process with respect to international data privacy
Data Protection Addendum
You may review our full Data Protection Addendum (DPA) below
Effective on May 24, 2018
www.Clickaround Clickaround Ltd – EU – DATA PROTECTION ADDENDUM
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement. Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Principal Agreement. Except where the context requires otherwise, references in this Addendum to the Principal Agreement are to the Principal Agreement as amended by, and including, this Addendum.
In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
“Applicable Laws” means (a) European Union or Member State laws with respect to any Company Personal Data in respect of which any Company Group Member is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Company Personal Data in respect of which any Company Group Member is subject to any other Data Protection Laws;
“Company Affiliate ” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Company, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
“Company Group Member ” means Company or any Company Affiliate;
“Company Personal Data ” means any Personal Data Processed by a Contracted Processor on behalf of a Company Group Member pursuant to or in connection with the Principal Agreement;
“Contracted Processor ” means Clickaround (Clickaround Ltd) or a Subprocessor;
“Data Protection Laws ” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
“EEA ” means the European Economic Area;
“EU Data Protection Laws ” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
“GDPR ” means EU General Data Protection Regulation 2016/679;
“Restricted Transfer ” means:
A transfer of Company Personal Data from any Company Group Member to a Contracted Processor; or
An onward transfer of Company Personal Data from a Contracted Processor to a Contracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of the Standard Contractual Clauses to be established under section 12 below;
“Services ” means the services and other activities to be supplied to or carried out by or on behalf of Clickaround (Clickaround Ltd) for Company Group Members pursuant to the Principal Agreement;
“Standard Contractual Clauses ” means the contractual clauses set out in Annex 2, amended as indicated (in square brackets and italics) in that
Annex and under section 13.4;
“Vendor Affiliate ” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Clickaround, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
The terms, “Commission ”, “Controller ”, “Data Subject ”, “Member State ”, “Personal Data ”, “Personal Data Breach ”, “Processing ” and “Supervisory Authority ” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
Clickaround (Clickaround Ltd) warrants and represents that, before any Clickaround Ltd Affiliate Processes any Company Personal Data on behalf of any Company Group Member, Clickaround (Clickaround Ltd) entry into this Addendum as agent for and on behalf of that Clickaround (Clickaround Ltd) Affiliate will have been duly and effectively authorised (or subsequently ratified) by that Clickaround (Clickaround Ltd) Affiliate.
Processing of Company Personal Data
Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall:
Comply with all applicable Data Protection Laws in the Processing of
Company Personal Data; and
Not Process Company Personal Data other than on the relevant Company Group Member’s documented instructions unless Processing is required
by Applicable Laws to which the relevant Contracted Processor is subject, in which case Clickaround Ltd or the relevant Clickaround (Clickaround Ltd) Affiliate shall to the extent
permitted by Applicable Laws inform the relevant Company Group Member of that legal requirement before the relevant Processing of that Personal Data.
Each Company Group Member:
Instructs Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate (and authorises Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate to instruct each Subprocessor) to:
Process Company Personal Data; and
In particular, transfer Company Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement; and
Warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in section 3.2.1 on behalf of each relevant Company Affiliate.
Annex 1 to this Addendum sets out certain information regarding the Contracted Processors’ Processing of the Company Personal Data as required by article 28(3) of the GDPR (and, possibly, equivalent requirements of other Data Protection Laws). Company may make reasonable amendments to Annex 1 by written notice to Clickaround Ltd from time to time as Company reasonably considers necessary to meet those requirements. Nothing in Annex 1 (including as amended pursuant to this section 3.3) confers any right or imposes any obligation on any party to this Addendum.
Clickaround Ltd and Clickaround Ltd Affiliate Personnel
Clickaround Ltd and each Clickaround Ltd Affiliate shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
Taking 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 natural persons, Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
In assessing the appropriate level of security, Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
Clickaround (Clickaround Ltd) has no subprocessors for processing personal data. Clickaround (Clickaround Ltd) itself processes Company Personal Data and carry out adequate due diligence to ensure that it is capable of providing the level of protection for Company Personal Data required by the Principal Agreement.
Data Subject Rights
Taking into account the nature of the Processing, Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall assist each Company Group Member by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company Group Members’ obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws
Clickaround (Clickaround Ltd) shall:
Promptly notify Company if any Contracted Processor receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
Ensure that the Contracted Processor does not respond to that request except on the documented instructions of Company or the relevant
Company Affiliate or as required by Applicable Laws to which the Contracted Processor is subject, in which case Clickaround (Clickaround Ltd) shall to the extent
permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.
Personal Data Breach
Clickaround shall notify Company without undue delay upon Clickaround (Clickaround Ltd) or any Subprocessor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow each Company Group Member to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
Clickaround (Clickaround Ltd) shall co-operate with Company and each Company Group Member and take such reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
Data Protection Impact Assessment and Prior Consultation
Clickaround Ltd and each Clickaround (Clickaround Ltd) Affiliate shall provide reasonable assistance to each Company Group Member with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required of any Company Group Member by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
Deletion or return of Company Personal Data
Subject to sections 10.2 and 10.3 Clickaround and each Clickaround (Clickaround Ltd) Affiliate shall promptly and in any event within 6 years otherwise by applicable laws of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date ”), delete and procure the deletion of all copies of those Company Personal Data.
Subject to section 10.3, Company may in its absolute discretion by written notice to Clickaround (Clickaround Ltd) within 6 years otherwise by applicable laws of the Cessation Date require Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate to (a) return a complete copy of all Company Personal Data to Company by secure file transfer in such format as is reasonably notified by Company to Clickaround; and (b) delete and procure the deletion of all other copies of Company Personal Data Processed by any Contracted Processor. Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall comply with any such written request within 6 years otherwise by applicable laws of the Cessation Date.
Each Contracted Processor may retain Company Personal Data to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws and always provided that Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall ensure the confidentiality of all such Company Personal Data and shall ensure that such Company Personal Data is only Processed as necessary for the purpose(s) specified in the Applicable Laws requiring its storage and for no other purpose.
Clickaround Ltd shall provide written certification to Company that it and each Clickaround (Clickaround Ltd) Affiliate has fully complied with this section 10 within 6 years otherwise by applicable laws of the Cessation Date.
Subject to sections [11.2 to 11.4], Clickaround (Clickaround Ltd) and each Clickaround (Clickaround Ltd) Affiliate shall make available to each Company Group Member on request all information necessary to demonstrate compliance with this Addendum, and shall allow for and contribute to audits, including inspections, by any Company Group Member or an auditor mandated by any Company Group Member in relation to the Processing of the Company Personal Data by the Contracted Processors.
Information and audit rights of the Company Group Members only arise under section 11.1 to the extent that the Principal Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law (including, where applicable, article 28(3)(h) of the GDPR).
[A Company Group Member may only mandate an auditor for the purposes of section 11.1 if the auditor is identified in the list set out in Annex 3 to this Addendum, as that list is amended by agreement between the parties in writing from time to time. Clickaround (Clickaround Ltd) shall not unreasonably withhold or delay agreement to the addition of a new auditor to that list.]
[Company or the relevant Company Affiliate undertaking an audit shall give Clickaround (Clickaround Ltd) or the relevant Clickaround (Clickaround Ltd) Affiliate reasonable notice of any audit or inspection to be conducted under section 11.1 and shall make (and ensure that each of its mandated auditors makes) reasonable endeavours to avoid causing (or, if it cannot avoid, to minimise) any damage, injury or disruption to the Contracted Processors’ premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection. A Contracted Processor need not give access to its premises for the purposes of such an audit or inspection:
To any individual unless he or she produces reasonable evidence of identity and authority;
Outside normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis and Company or the relevant Company Affiliate undertaking an audit has given notice to Clickaround (Clickaround Ltd) or the relevant Clickaround (Clickaround Ltd) Affiliate that this is the case before attendance outside those hours begins; or
For the purposes of more than [one] audit or inspection, in respect of each Contracted Processor, in any [calendar year], except for any additional audits or inspections which:
Company or the relevant Company Affiliate undertaking an audit reasonably considers necessary because of genuine concerns as to Clickaround 's or the relevant Clickaround (Clickaround Ltd) Affiliate’s compliance with this Addendum; or
A Company Group Member is required or requested to carry out by Data Protection Law, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Laws in any country or territory, where Company or the relevant Company Affiliate undertaking an audit has identified its concerns or the relevant requirement or request in its notice to Clickaround or the relevant Clickaround Ltd Affiliate of the audit or inspection.
Subject to section 12.3, each Company Group Member (as “data exporter”) and each Contracted Processor, as appropriate, (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any Restricted Transfer from that Company Group Member to that Contracted Processor.
The Standard Contractual Clauses shall come into effect under section 12.1 on the
The data exporter becoming a party to them;
The data importer becoming a party to them; and
Commencement of the relevant Restricted Transfer
Section 12.1 shall not apply to a Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, for the avoidance of doubt, do not include obtaining consents from Data Subjects), is to allow the relevant Restricted Transfer to take place without breach of applicable Data Protection Law.
Governing law and jurisdiction
Without prejudice to clauses 7 (Mediation and Jurisdiction) and 9 (Governing Law) of
the Standard Contractual Clauses:
The parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Principal Agreement with respect to any disputes or
claims howsoever arising under this Addendum, including disputes regarding its existence, validity or termination or the consequences of its nullity; and
this Addendum and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Principal Agreement.
Order of precedence or any Clickaround (Clickaround Ltd) Affiliate’s obligations under the Principal Agreement in relation to the protection of Personal Data or permits Clickaround (Clickaround Ltd) or any Clickaround (Clickaround Ltd) Affiliate to Process (or permit the Processing of) Personal Data in a manner which is prohibited by the Principal Agreement. In the event of any conflict or inconsistency between this Addendum and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
Subject to section 13.2, with regard to the subject matter of this Addendum, in the event of inconsistencies between the provisions of this Addendum and any other agreements between the parties, including the Principal Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this Addendum, the provisions of this Addendum shall prevail.
Changes in Data Protection Laws, etc, with inclusion to the trading standards and data protection law of the EU, USA and Ireland markets with inclusion of all countries that Clickaround may trade in the future.
By at least [30 (thirty) calendar days’] written notice to Clickaround Ltd from time to time make any variations to the Standard Contractual Clauses (including any Standard Contractual Clauses entered into under section 12.1), as they apply to Restricted Transfers which are subject to a particular Data Protection Law, which are required, as a result of any change in, or decision of a competent authority under, that Data Protection Law, to allow those Restricted Transfers to be made (or continue to be made) without breach of that Data Protection Law; and
Propose any other variations to this Addendum which Company reasonably considers to be necessary to address the requirements of any Data Protection Law.
If Company gives notice under section 13.4.1:
Clickaround (Clickaround Ltd) and each Clickaround Ltd Affiliate shall promptly co-operate (and ensure that any affected Subprocessors promptly co-operate) to ensure that equivalent variations are made to any agreement put in place and
Company shall not unreasonably withhold or delay agreement to any consequential variations to this Addendum proposed by Clickaround (Clickaround Ltd) to protect the Contracted Processors against additional risks associated with the variations made under section 13.4.1 [and/or 13.5.1].
If Company gives notice under section 13.4.2, the parties shall promptly discuss the proposed variations and negotiate in good faith with a view to agreeing and implementing those or alternative variations designed to address the requirements identified in Company’s notice as soon as is reasonably practicable.
Neither Company nor Clickaround (Clickaround Ltd) shall require the consent or approval of any Company Affiliate or Clickaround (Clickaround Ltd) Affiliate to amend this Addendum pursuant to this section 13.5 or otherwise.
Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provisi