N-iX Terms and Conditions
We may modify, update, add or remove provisions of the Terms and Conditions from time to time. The new version of these Terms and Conditions comes into effect from the date they are placed on the Website. Your continued use of the Website following any such modification will mean that you have read and accepted the new version of these Terms and Conditions.
DAvailability of the Website
We will use reasonable efforts to ensure that the Website is uninterruptedly available to you. However, from time to time the Website may be completely or partially unavailable for reasons beyond our control or for planned and unplanned maintenance. You acknowledge and agree that there may be errors and bugs in the Website.
Your interaction with the Website
Using our Website you acknowledge and agree:
- not to use our Website or any Content for any unlawful purpose;
- not to send us any inaccurate, incomplete, false, abusive, harmful (including malware and viruses) or otherwise objectionable information through the contact forms provided by the Website;
- not to use any device or software to crash, delay, or otherwise damage the operation of the Website;
- not to change or delete any Content, which you have no authority to change or delete;
- not to attempt any actions to gain unlawful or unauthorized access to the Website code, computer systems or networks connected to any server associated with the Website;
- not to submit to us materials that are copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, unless you have a valid legal basis to do so;
- not to publish anywhere any falsehoods or misrepresentations that could damage our business reputation;
- not to communicate to us your personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life;
- not to publish any advertisements or solicitations of business, including but not limited to, on our behalf, unless specifically authorized by us in writing.
Intellectual Property Rights
All Content, commercial names, trademarks, logos and other materials displayed on the Website are protected by applicable copyrights, trade dress, trade secrets, trademarks, other proprietary rights and are owned by N-iX, its affiliates, licensors or other providers of such materials. All such rights are reserved.
You are allowed to use our Website for your information purposes as well as in order to approach us with requests and other appropriate communication. You are not allowed to use any copyrighted materials, trademarks or logos displayed on the Website without our prior explicit written approval.
You acknowledge and agree that any information you provide to us via the Website, including, but not limited to your comments, feedback, ideas, inventions, automatically become our property, you automatically forfeit your rights to any intellectual property you submit to us, such information shall be deemed to be non-confidential and we shall be free to use such information at our sole discretion.
Links to third-party resources
Our Website may contain links to third-party websites and other resources provided by third parties. We are not responsible for, and have no control over, the content of such links.
Our Website may contain downloadable materials as well as links to other websites of third parties. Our Website, the Content and downloadable materials are provided on an “as is” and “as available” basis without representations and warranties of any kind, whether expressed, implied or statutory, to the fullest extent permissible pursuant to applicable law, including but not limited to, implied warranties of merchantability, title, non-infringement of third-party rights and fitness for a particular purpose.
We do not represent or warrant that the Website, the Content or downloadable materials will be secure, complete, uninterrupted or error-free, or that the Websitethe, the Content or downloadable materials is free of any harmful components and, therefore, will not be liable for any loss or damage caused to your equipment in connection with your use of our Website, the Content or downloadable materials or any other website linked to it.
Our Website may contain certain forecasts, projections, goals, “forward-looking statements”, which include information about possible or assumed future results of our business or plans. You may be able to identify such statements by words such as “believe”, “may”, “anticipate”, “intend”, “should”, “estimate”, “continue” ,“predict”, “potential”, “plan”, “expect” or other similar expressions. These statements are not guarantees or warranties of any future performance or business and you should place no reliance on them.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall we or our affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, or any Content or downloadable material, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, loss of data, and whether caused by tort.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. In such a case, the total liability of us to you for all losses and damages will not be greater than USD 1 (one US dollar).
To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our affiliates, officers, directors, employees, representatives, agents, and licensees harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, liabilities, losses and expenses relating to or arising from the Website, your use of the Website, your fraud in connection with your use of the Website, violation of any applicable law, your willful misconduct, and any breach by you of these Terms and Conditions.
Any claim relating to the Website shall be interpreted in accordance with, and governed by, the laws of Malta and any dispute of any sort that might arise between you and us in connection with your use of the Website shall be subject to exclusive jurisdiction of the courts of Malta.
Waiver and Severability
Our failure to exercise any right under these Terms and Conditions or to enforce any provisions hereof shall not be deemed a waiver of any of our right and will not restrict us in any way to exercise that right later.
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, you agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms and Conditions remain in full force and effect.
These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Website.
We ensure that the personal data are not retained longer than necessary in relation to the purpose for which they are processed. In order to ensure compliance with this principle, we define the retention periods applicable to each processing operation. The following elements are considered when determining the retention period:
- legal obligations;
- recommendations of supervisory authorities;
- best practices;
- our operational needs
Different retention periods apply for different types of personal data. Following the end of the relevant retention period, we will delete or anonymise your personal data.
Your Privacy Rights
Your principal privacy rights include: right to be informed about collection and use of personal data, right to access your personal data, right to rectification, right to erasure, right to restrict processing, right to object to processing, right to data portability, right to complain to a supervisory authority and right to withdraw consent.
To exercise your rights, please contact us (see “Contact Information” section below). When you send us a request to exercise a right, you are asked to specify as far as possible the scope of the request, the type of right exercised, the personal data processing concerned, and any other useful element, in order to facilitate the examination of your request. In addition, in case of reasonable doubt, you may be asked to prove your identity.
We will do our best to answer to your requests as soon as possible or within a reasonable period taking into account the complexity of the request, but in case we are processing a large number of requests the answer may take us longer than you might expect.
If at any point you believe the information we process on you is incorrect or incomplete you can submit a request to see this information and even have it corrected, ported to you or deleted by contacting us at email@example.com.
At any time you may withdraw your consent or object to data processing by contacting us at firstname.lastname@example.org. In case you withdraw your consent it will not affect the lawfulness of processing based on consent before its withdrawal.
Name: N-IX Ltd.
Postal address: 157 Archbishop Street, office 3.4, Valletta VLT 1440, Malta
Phone number: +442037407669.
Data Protection Officer: Mariia Zavalska, e-mail: email@example.com
How To Complain
Please contact us if you have any query or concern about our use of your information (see below “Contact Information”).
For official legal escalation you have the right to lodge a formal complaint with UK or EU official bodies:
- the Information Commissioner in the UK if you are a website user from UK;
- a relevant data protection supervisory authority in the EEA state of your habitual residence, place of work or of an alleged infringement of data protection laws in the EEA.
The UK’s Information Commissioner may be contacted at Link or by telephone: 0303 123 1113.For a list of EEA data protection supervisory authorities and their contact details see here.
Notice For California Residents
Under CCPA, you have the following rights regarding your personal information:
Right to know what personal information we collect about you and the purposes of that collection, as well as know how your personal information is used: you have the right to know what personal information about you we collect, the sources from which it is collected, and the purposes for which we collect it.
Right to know with whom we share your personal information: you have the right to know whether we share your personal data with any third parties. We may share your personal information with third parties who help us run our business.
Right to know whether any of your personal information is sold: we do not sell or rent out your personal information.
Right to “Opt-Out of Sale” of your personal data: we do not sell your personal data to third parties and therefore do not offer an “opt-out” mechanism.
Right to access, request, and receive personal information: you have the right to request which personal data was collected about you and receive a copy of such information. We will disclose and deliver the required information to you in the manner described in the CCPA after receiving a verifiable request from you.
Right to request deletion of your personal data: you have the right to request deletion of your data from our systems to the extent provided by the CCPA.
We will not discriminate against you for exercising any of your CCPA rights. Please contact us if you have any further questions regarding your rights under the CCPA (see the “Contact Information” section for contact details). This should be a verifiable consumer request related to your personal information. The verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. All requests must be labeled “California Resident Request” on the email subject line.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will reply within 45 days of request receipt. If we need more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically.