What type of information do we collect?
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, pasWhen you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.sword, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

 

 

How do we collect information?
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

 

 

Why do we collect such personal information?
We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 
To comply with any applicable laws and regulations.

 

 

How do we store, use, share and disclose your site visitors' personal information?
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

 

How do we communicate with your site visitors?
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

 

 

How do we use cookies and other tracking tools?
Standard uses for browser cookies

Website servers set cookies to help authenticate the user if the user logs in to a secure area of the website. Login information is stored in a cookie so the user can enter and leave the website without having to re-enter the same authentication information over and over. More information

Session Cookies are also used by the server to store information about user page activities so users can easily pick up where they left off on the server's pages. By default, web pages really don't have any 'memory'. Cookies tell the server what pages to show the user so the user doesn't have to remember or start navigating the site all over again. Cookies act as a sort of “bookmark” within the site. Similarly, cookies can store ordering information needed to make shopping carts work instead of forcing the user to remember all the items the user put in the shopping cart.

Persistent or tracking Cookies are also employed to store user preferences. Many websites allow the user to customize how information is presented through site layouts or themes. These changes make the site easier to navigate and/or lets user leave a part of the user's “personality” at the site. For Information on session and persistent and tracking cookies, see here

Cookie security and privacy issues

Cookies are NOT viruses. Cookies use a plain text format. They are not compiled pieces of code so they cannot be executed nor are they self-executing. Accordingly, they cannot make copies of themselves and spread to other networks to execute and replicate again. Since they cannot perform these functions, they fall outside the standard virus definition.

Cookies CAN be used for malicious purposes though. Since they store information about a user's browsing preferences and history, both on a specific site and browsing among several sites, cookies can be used to act as a form of spyware. Many anti-spyware products are well aware of this problem and routinely flag cookies as candidates for deletion after standard virus and/or spyware scans.See here for some privacy issues and concerns.

The way responsible and ethical web developers deal with privacy issues caused by cookie tracking is by including clear descriptions of how cookies are deployed on their site. If you are a web developer and need advice on implementation of cookies and a privacy policy, you can contact us by the enquiry form at the bottom of the page. These privacy policies should explain what kind of information is collected and how the information is used. Organizations utilising and displaying a proper and useful cookie's policy and privacy policy include: LinkedIn Networkadvertising.org and Dealspotr

Most browsers have built in privacy settings that provide differing levels of cookie acceptance, expiration time, and disposal after a user has visited a particular site. Backing up your computer can give you the peace of mind that your files are safe.

Other cookie-based threats

Since identity protection is highly valued and is every internet users right , it pays to be aware of what threat cookies can pose.

As cookies are transmitted back and forth between a browser and website, if an attacker or unauthorized person gets in between the data transmission, the sensitive cookie information can be intercepted. Although relatively rare, this can happen if the browser is connecting to the server using an unencrypted network like an non-secured WiFi channel.Internet security is only attainable if you regualrly use a anti-virus protection programme.See our anti virus protection section.

Other cookie-based attacks involve exploiting faulty cookie-setting systems on servers. If a website doesn't require browsers to use encrypted channels only, attackers can use this vulnerability to trick browsers into sending sensitive information over insecure channels. The attackers then siphon off the sensitive data for unauthorized access purposes.

New Laws for the use of cookies and other technologies that store online user information.

On May 26th 2011, new rules governing the use of cookies by websites comes into force in Europe.

Rather than the "Opt out" option for website visitors, websites will need to specifically gain the consent of their visitor and they must "Opt In" to be able to store cookies on their computer or other devices.This is expected to be difficult to manage and enforcement will more than likely be done subtlely and with encouragement rather than with the threat of fines and penalties.

Businesses in the EU have some great resources that can help them with their cookie compliance. The European Union has a internet handbook that explains to businesses their requirements under the legislation and has a 'cookie kit" to help them comply.

 

 

What does the new law say?
The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.
6 (1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment--
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) has given his or her consent.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
“(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information--
(a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
(b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.

 

 

More information on the new changes can be found here.

Key tips for safe and responsible cookie-based Web browsing
Due to their flexibility and the fact that many of the largest and most-visited websites use cookies by default, cookies are almost unavoidable. Disabling cookies will lock a user out of many of the most widely-used sites on the Internet like Youtube, Gmail, Yahoo mail, and others. Even search settings require cookies for language settings. Here are some tips you can use to ensure worry-free cookie-based browsing:

Customize your browser's cookie settings to reflect your comfort level with cookie security or use our guide to delete cookies.

If you are very comfortable with cookies and you are the only person using your computer, you may want to set long expiration time frames for storing your personal access information and browsing history.

If you share access on your computer, you may want to set your browser to clear private browsing data every time you close your browser. While not as secure as rejecting cookies outright, this option lets you access cookie-based websites while deleting any sensitive information after your browsing session.

 

 

Install and keep antispyware applications updated

Many spyware detection, cleanup applications, and spyware removers include attack site detection. They block your browser from accessing websites designed to exploit browser vulnerabilities or download malicious software.

Make sure your browser is updated

If you haven't already, set your browser to update automatically. This eliminates security vulnerabilities caused by outdated browsers. Many cookie-based exploits are based on exploiting older browsers' security shortcomings.

Cookies are everywhere and can't really be avoided if you wish to enjoy the biggest and best websites out there. With a clear understanding of how they operate and how they help your browsing experience, you can take the necessary security measures to ensure that you browse the Net confidently.

 

 

How can visitors withdraw their consent?
If you don’t want us to process your data anymore, please contact us at thomas-v-admin@gemscreationart.com or send us mail to: gems.crea.art.be@gmail.com

Privacy policy updates
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

 

 

 

 

PRIVACY POLICIES

NOW GONNA HOOVER ALL YOU PRIVACY POLICIES THROUGH OURS THIRD PARTY APPLICATIONS , APPLIED TO IMPROVE THE FLOW , THE WORKFLOW, THE SHARING , THE ANALIZES OF DATA PROMPTLY ACCEPTED BY TH USER OF OUR WEBSITE .
PLEASE TAKE A TIME TO READ AND UNDERSTAND ALL WHAT ITS DESCRIBE HERE .

DON'T FORGET THAT THE ONLY ACT TO ENTER IN OUR WEBSITE IS TAKE AS A SIGNATURE AND ACCEPTING ALL OF THAT CONDITIONS AND POLICIES

AFTER ALL THE PARAGRAPHS FOR THIRD PARTY APPS , WE GONNA GO HOOVER THE PRIVACY POLICIES OF THE MAIN WEBSITE OWN BY

"GEMS CREATION ART®" ™

 

GOOGLE ANALITYCS FULL DESCRIBE OF UPDATE SOME INTRA DATA IN THE SITE 


  • Google Measurement Controller-Controller Data Protection Terms

  • The Measurement Services customer agreeing to these terms (“Customer”) has entered into an agreement with either Google or a third party reseller (as applicable) for the provision of the Measurement Services (as amended from time to time, the “Agreement”) through which services user interface Customer has enabled the Data Sharing Setting.

  • These Google Measurement Controller-Controller Data Protection Terms (“Controller Terms”) are entered into by Google and Customer. Where the Agreement is between Customer and Google, these Controller Terms supplement the Agreement. Where the Agreement is between Customer and a third party reseller, these Controller Terms form a separate agreement between Google and Customer.

  • For the avoidance of doubt, the provision of the Measurement Services is governed by the Agreement. These Controller Terms set out the data protection provisions relating to the Data Sharing Setting only but do not otherwise apply to the provision of the Measurement Services.

  • Subject to Section 8.2 (Processor Terms), these Controller Terms will be effective, and replace any previously applicable terms relating to their subject matter, from the Terms Effective Date.

  • If you are accepting these Controller Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Controller Terms; (b) you have read and understand these Controller Terms; and (c) you agree, on behalf of Customer, to these Controller Terms. If you do not have the legal authority to bind Customer, please do not accept these Controller Terms.

  • Please do not accept these Controller Terms if you are a reseller. These Controller Terms set out the rights and obligations that apply between users of the Measurement Services and Google.


  • 1. Introduction

  • These Controller Terms reflect the parties’ agreement on the processing of Controller Personal Data pursuant to the Data Sharing Setting.


  • 2. Definitions and Interpretation


  • 2.1

  • In these Controller Terms:

  • “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.

  • "Confidential Information" means these Controller Terms.

  • “Controller Data Subject” means a data subject to whom Controller Personal Data relates.

  • “Controller MCCs” means the terms at privacy.google.com/businesses/controllerterms/mccs, which are standard data protection clauses for the transfer of personal data to controllers established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the EU GDPR.

  • “Controller Personal Data” means any personal data that is processed by a party pursuant to the Data Sharing Setting.

  • “Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

  • “Data Sharing Setting” means the data sharing setting which Customer has enabled via the user interface of the Measurement Services and which enables Google and its Affiliates to use personal data for improving Google’s and its Affiliates’ products and services.

  • "EU GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

  • “End Controller” means, for each party, the ultimate controller of Controller Personal Data.

  • “European Controller Personal Data” means Controller Personal Data of Controller Data Subjects located in the European Economic Area or Switzerland.

  • “GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

  • “Google” means:


  • (a) where a Google Entity is party to the Agreement, that Google Entity.


  • (b) where the Agreement is between Customer and a third party reseller and:


  • (i) the third party reseller is organised in North America or in another region outside Europe, the Middle East, Africa, Asia and Oceania, Google LLC (formerly known as Google Inc.);


  • (ii) the third party reseller is organised in Europe, the Middle East or Africa, Google Ireland Limited; or


  • (iii) the third party reseller is organised in Asia and Oceania, Google Asia Pacific Pte. Ltd.

  • “Google End Controllers” means the End Controllers of Controller Personal Data processed by Google.

  • “Google Entity” means Google LLC, Google Ireland Limited or any other Affiliate of Google LLC.

  • “Measurement Services” means Google Analytics, Google Analytics 360, Google Analytics for Firebase, Google Optimize or Google Optimize 360, as applicable to the Data Sharing Setting for which the parties agreed to these Controller Terms.

  • “Policies” means the Google End User Consent Policy available at https://www.google.com/about/company/user-consent-policy.html.

  • “Processor Terms” means:


  • (a) where Google is a party to the Agreement, the processor terms available at https://privacy.google.com/businesses/processorterms/; or


  • (b) where the Agreement is between Customer and a third party reseller, such terms reflecting a controller-processor relationship (if any) as agreed between the Customer and the third party reseller.

  • “Terms Effective Date” means, as applicable:


  • (a) 25 May 2018, if Customer clicked to accept or the parties otherwise agreed to these Controller Terms before or on such date; or


  • (b) the date on which Customer clicked to accept or the parties otherwise agreed to these Controller Terms, if such date is after 25 May 2018.

  • “UK Controller Personal Data” means Controller Personal Data of Controller Data Subjects located in the UK.

  • “UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.


  • 2.2

  • The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Controller Terms have the meanings given in the GDPR, and the terms “data importer” and “data exporter” have the meanings given in the Controller MCCs.


  • 2.3

  • Any examples in these Controller Terms are illustrative and not the sole examples of a particular concept.


  • 2.4

  • Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.


  • 2.5

  • If these Controller Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.


  • 2.6

  • References in the Controller MCCs to the “Google Ads Controller-Controller Data Protection Terms” shall be deemed to mean the “Google Measurement Controller-Controller Data Protection Terms”.


  • 3. Application of these Controller Terms


  • 3.1 Application of Data Protection Legislation

  • These Controller Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Controller Personal Data.


  • 3.2 Application to Data Sharing Setting

  • These Controller Terms will only apply to the Data Sharing Setting for which the parties agreed to these Controller Terms (for example, the Data Sharing Setting for which Customer clicked to accept these Controller Terms).


  • 3.3 Duration

  • These Controller Terms will apply from the Terms Effective Date and continue while Google or Customer processes Controller Personal Data, after which these Controller Terms will automatically terminate.


  • 4. Roles and Restrictions on Processing


  • 4.1 Independent Controllers

  • Subject to Section 4.4 (End Controllers), each:


  • (a) is an independent controller of Controller Personal Data under the Data Protection Legislation;


  • (b) will individually determine the purposes and means of its processing of Controller Personal Data; and


  • (c) will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Controller Personal Data.


  • 4.2 Restrictions on Processing

  • Section 4.1 (Independent Controllers) will not affect any restrictions on either party’s rights to use or otherwise process Controller Personal Data under the Agreement.


  • 4.3 End User Consent

  • Customer will comply with the Policies in relation to the Controller Personal Data shared pursuant to the Data Sharing Setting and at all times will bear the burden of proof in establishing such compliance.


  • 4.4 End Controllers

  • Without reducing either party’s obligations under these Controller Terms, each party acknowledges that: (a) the other party’s Affiliates or clients may be End Controllers; and (b) the other party may act as a processor on behalf of its End Controllers. The Google End Controllers are: (i) for European Controller Personal Data processed by Google, Google Ireland Limited; and (ii) for UK Controller Personal Data processed by Google, Google LLC. Each party will ensure that its End Controllers comply with the Controller Terms, including (where applicable) the Controller MCCs.


  • 5. Data Transfers


  • 5.1 Data Transfers

  • Subject to Section 5.2, either party may transfer Controller Personal Data to third countries if it complies with the provisions on the transfer of personal data to third countries in the Data Protection Legislation.


  • 5.2 Transfers of UK Controller Personal Data to Google

  • To the extent that Customer transfers UK Controller Personal Data to Google, Customer as data exporter will be deemed to have entered into the Controller MCCs with Google LLC (the applicable Google End Controller) as data importer and the transfers will be subject to the Controller MCCs, because Google LLC is established in the USA and such transfers are therefore to a third country that is not subject to an adequacy decision under the UK GDPR. For clarity, to the extent Customer transfers European Controller Personal Data to Google, the Controller MCCs are not required because Google Ireland Limited (the applicable Google End Controller) is established in Ireland and such transfers are therefore permitted under the Data Protection Legislation.


  • 5.3 Additional Commercial Clauses for the Controller MCCs

  • Sections 5.4 (Contacting Google) to 5.7 (Third Party Controllers) are additional commercial clauses relating to the Controller MCCs as permitted by Clause VII (Variation of these clauses) of the Controller MCCs. Nothing in Sections 5.4 (Contacting Google) to 5.7 (Third Party Controllers) varies or modifies any rights or obligations of the parties to the Controller MCCs.


  • 5.4 Contacting Google

  • Customer may contact Google Ireland Limited and/or Google LLC in connection with the Controller MCCs at https://support.google.com/policies/troubleshooter/9009584 or through such other means as may be provided by Google from time to time, including for the purposes of:

  • (a) Clause II(e) of the Controller MCCs, to the extent Google LLC acts as data importer and Customer acts as data exporter under the Controller MCCs; and

  • (b) requesting an Audit pursuant to Section 5.6 (a) (Reviews, Audits and Certifications of Compliance) below.


  • 5.5 Responding to Data Subject Enquiries

  • For the purpose of Clause I(d) of the Controller MCCs, the applicable data importer will be responsible for responding to enquiries from data subjects and the authority concerning the processing of applicable Controller Personal Data by the data importer.


  • 5.6 Reviews, Audits and Certifications of Compliance

  • (a) If the Controller MCCs apply under this Section 5 (Data Transfers), the applicable data importer will allow the applicable data exporter or a third party inspection agent or auditor appointed by the data exporter to conduct a review, audit and/or certification as described in Clause II(g) of the Controller MCCs (“Audit”) in accordance with this Section 5.6 (Reviews, Audits and Certifications of Compliance).

  • (b) Following receipt by the data importer of a request for an Audit, the data importer and the data exporter will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, the Audit.

  • (c) The data importer may charge a fee (based on the data importer’s reasonable costs) for any Audit. The data importer will provide the data exporter with further details of any applicable fee, and the basis of its calculation, in advance of the Audit. The data exporter will be responsible for any fees charged by any third party inspection agent or auditor appointed by the data exporter to execute the Audit.

  • (d) The data importer may object to any third party inspection agent or auditor appointed by the data exporter to conduct any Audit if the inspection agent or auditor is, in the data importer’s reasonable opinion, not suitably qualified or independent, a competitor of the data importer or otherwise manifestly unsuitable. Any such objection by the data importer will require the data exporter to appoint another inspection agent or auditor or conduct the Audit itself.

  • (e) The data importer will not be required either to disclose to the data exporter or its third party inspection agent or auditor, or to allow the data exporter or its third party inspection agent or auditor to access:

  • (i) any data of any customers of the data importer or any of its Affiliates;

  • (ii) any internal accounting or financial information of the data importer or any of its Affiliates;

  • (iii) any trade secret of the data importer or any of its Affiliates;

  • (iv) any information that, in the data importer’s reasonable opinion, could: (A) compromise the security of any systems or premises of the data importer or any of its Affiliates; or (B) cause the data importer or any Affiliate of the data importer to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to the data exporter or any third party; or

  • (v) any information that the data exporter or its third party inspection agent or auditor seeks to access for any reason other than the good faith fullfilment of the data exporter’s obligations under the Data Protection Legislation.


  • 5.7 Third Party Controllers

  • To the extent Google LLC acts as data importer and Customer acts as data exporter under the Controller MCCs under Section 5.2 (Transfers of UK Controller Personal Data to Google), Google notifies Customer for the purpose of Clause II(i) that UK Controller Personal Data may be transferred to the third party data controllers described in applicable Help Centre articles for the Measurement Services.


  • 6. Liability


  • 6.1 Liability Cap

  • If Google is:


  • (a) party to the Agreement and the Agreement is governed by the laws of:


  • (i) a state of the United States of America, then, notwithstanding anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Controller Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of indemnification claims from the Agreement’s limitation of liability will not apply to indemnification claims under the Agreement relating to the Data Protection Legislation); or


  • (ii) a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Controller Terms will be subject to the exclusions and limitations of liability in the Agreement; or


  • (b) not party to the Agreement, to the extent permitted by applicable law, Google will not be liable for Customer’s lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, even if Google or its Affiliates have been advised of, knew or should have known that such damages do not satisfy a remedy. Google’s (and its Affiliates’) total cumulative liability to Customer or any other party for any loss or damages resulting from claims, damages or actions arising out of or relating to these Controller Terms will not exceed $500 (USD).


  • 6.2 Liability if the Controller MCCs Apply

  • If the Controller MCCs apply under Section 5 (Data Transfers), then: (a) if Google is party to the Agreement, the total combined liability of: (i) Google and Google LLC towards Customer; and (ii) Customer towards Google, Google LLC and Google Ireland Limited; under or in connection with the Agreement and the Controller MCCs combined will be subject to Section 6.1(a) (Liability Cap). Clause III(a) of the Controller MCCs will not affect the previous sentence.

  • (b) if Google is not party to the Agreement, the total combined liability of: (i) Google and Google LLC towards Customer; and (ii) Customer towards Google, Google LLC and Google Ireland Limited; under or in connection with these Controller Terms and the Controller MCCs combined will be subject to Section 6.1(b) (Liability Cap). Clause III(a) of the Controller MCCs will not affect the previous sentence.


  • 7. Third Party Beneficiaries

  • Where Google LLC is not a party to the Agreement but is a party to the Controller MCCs, Google LLC will be a third-party beneficiary of Sections 4.4 (End Controllers), 5.2 (Transfers of UK Controller Personal Data to Google) to 5.7 (Third Party Controllers), and 6.2 (Liability if the Controller MCCs Apply). To the extent this Section 7 conflicts or is inconsistent with any other clause in the Agreement, this Section 7 will apply.


  • 8. Priority


  • 8.1 Effect of these Controller Terms

  • If Google is party to the Agreement and there is any conflict or inconsistency between the Controller MCCs, the Additional Terms for Non-European Data Protection Legislation, and the remainder of these Controller Terms and/or the remainder of the Agreement then, subject to Sections 4.2 (Restrictions on Processing) and 8.2 (Processor Terms), the following order of precedence will apply: (a) the Controller MCCs; (b) the Additional Terms for Non-European Data Protection Legislation; (c) the remainder of these Controller Terms; and (d) the remainder of the Agreement. Subject to the amendments in these Controller Terms, the Agreement between Google and Customer remains in full force and effect.


  • 8.2 Processor Terms

  • These Controller Terms will not replace or affect any Processor Terms. For the avoidance of doubt, if Customer is party to the Processor Terms in connection with the Measurement Services, the Processor Terms will continue to apply to the Measurement Services notwithstanding that these Controller Terms apply to Controller Personal Data processed pursuant to the Data Sharing Setting.


  • 9. Changes to these Controller Terms


  • 9.1 Changes to Controller Terms

  • Google may change these Controller Terms if the change:


  • (a) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or


  • (b) does not: (i) seek to alter the categorisation of the parties as independent controllers of Controller Personal Data under the Data Protection Legislation; (ii) expand the scope of, or remove any restrictions on, either party’s rights to use or otherwise process Controller Personal Data; or (iii) have a material adverse impact on Customer, as reasonably determined by Google.


  • 9.2 Notification of Changes

  • If Google intends to change these Controller Terms under Section 9.1(a) and such change will have a material adverse impact on Customer, as reasonably determined by Google, then Google will use commercially reasonable efforts to inform Customer at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect. If Customer objects to any such change, Customer may switch off the Data Sharing Setting.


  • 10. Additional Provisions


  • 10.1

  • This Section 10 (Additional Provisions) will only apply where Google is not party to the Agreement.


  • 10.2

  • Each party will comply with its obligations under these Controller Terms with reasonable skill and care.


  • 10.3

  • Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of exercising its rights or performing its obligations under these Controller Terms or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.


  • 10.4

  • To the fullest extent permitted by applicable law, except as expressly provided for in these Controller Terms, Google makes no other warranty of any kind whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement.


  • 10.5

  • Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.


  • 10.6

  • If any term (or part of a term) of these Controller Terms is invalid, illegal, or unenforceable, the rest of these Controller Terms will remain in effect.


  • 10.7

  • (a) Except as set forth in section (b) below, these Controller Terms will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules and regulations, and California law, rules and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Controller Terms.

  • (b) Where the Agreement is between Customer and a third party reseller, and the third party reseller is organised in Europe, the Middle East or Africa, these Controller Terms will be governed by English law. Each party agrees to submit to the exclusive jurisdiction of the English courts in relation to any dispute (whether contractual or non-contractual) arising out of or in connection with these Controller Terms.

  • (c) In the event the Controller MCCs apply and provide for governing law that differs from the laws outlined in sections (a) and (b) above, the governing law set forth in the Controller MCCs will apply solely with respect to the Controller MCCs.

  • (d) The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Controller Terms.


  • 10.8

  • All notices of termination or breach must be in English, in writing and addressed to the other party’s Legal Department. The address for notices to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).


  • 10.9

  • No party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Controller Terms. No party may assign any part of these Controller Terms without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of these Controller Terms; (b) the assigning party remains liable for obligations under these Controller Terms if the assignee defaults on them; (c) in the case of Customer, the assigning party has transferred its Measurement Services account(s) to the assignee; and (d) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.


  • 10.10

  • The parties are independent contractors. These Controller Terms do not create any agency, partnership, or joint venture between the parties. These Controller Terms do not confer any benefits on any third party unless they expressly state that they do.


  • 10.11

  • To the extent permitted by applicable law, these Controller Terms state all terms agreed between the parties. In entering into these Controller Terms no party has relied on, and no party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in these Controller Terms.

  •  


  • Appendix 1: Additional Terms for Non-European Data Protection Legislation

  • The following Additional Terms for Non-European Data Protection Legislation supplement these Controller Terms:


  • LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms (“LGPD Controller Addendum”)

  • For the purposes of these Controller Terms:


  • (a) references in the LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms shall be deemed to be references to these Google Measurement Controller-Controller Data Protection Terms; and where Customer has entered into an agreement with a third party reseller for the provision of the Measurement Services then, notwithstanding any contrary provision in the LGPD Controller Addendum, the LGPD Controller Addendum will supplement these Controller Terms that form a separate agreement between Google and Customer and will not affect any agreement between: (i) Google and the third party reseller, or (ii) the third party reseller and Customer.

  • Google Measurement Controller-Controller Data Protection Terms, Version 1.4

  •  

  • 16 August, 2020


  • Previous versions

  • 12 August, 2020

  • 4 November, 2019

 
 
Terms of service #3rd party App sections

Welcome to Facebook!

 

  • Facebook develops technologies and services that connect everyone, create communities and grow businesses. These Terms govern your use of Facebook, Messenger, and other products, features, applications, services, technologies, and software that we offer (Facebook Products or Products), except where we expressly state that separate conditions (not these) apply. These products are provided by Facebook Ireland Limited.

  •  

  • We do not charge you for the use of Facebook or any other products and services included in these Terms. Instead, companies and organizations pay us to show you advertisements for their products and services. By using our Products, you agree that we will show you advertisements that we believe are relevant to you based on your interests. We use your data to define which ads to show you.

  •  

  • We do not sell your data to advertisers or share directly identifying information (such as your name, email address, or any other contact information) with advertisers unless expressly authorized by you. Instead, advertisers give us information, such as the type of audience they want to show their ads to, and we show those ads to people who might be interested. We send advertisers reports on the performance of their ads to help them understand how people interact with their content. Check out Section 2 below for more information.

  •  

  • Our Data Use Policy explains how we collect and use your data to define the ads you see and provide you with all the services described below. You can also access your Settings at any time to review the privacy options available to you regarding our use of your data.

  •  

  • Coming back to the top

  • 1.

  • The services we provide

  •  

  • Our mission is to allow everyone to create a community and bring the world together. To advance this mission, we provide you with the products and services described below:

  •  

  • We provide you with a personalized experience:

  •  

  • your Facebook experience is unlike anyone else's. Whether it's posts, news, events, ads, and other content you see in News Feed or on our video platform, or Pages you subscribe to and other features you can use, such as Frontpage, Marketplace, and Search. We use the data we have, for example about the connections you make, t