Terms of Use

Ellinopoula Ltd provides www.ellinopoula.com (the " Site”) through which we offer our online educational services (the " Services”). Please read the following terms and conditions ("Terms of Use") carefully. These Terms of Use govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms of Use, all text, graphics, images, music, software, audio, video, information or other materials available through the Site ("Content" ), and constitute a binding legal agreement between you and Ellinopoula Ltd.

You acknowledge and agree that by accessing or using the site or the services or by downloading or posting any content from or on the site or through the services, you are indicating that you have read, understand and agree to be bound by these terms of use, whether or not you have registered with the site. If you do not agree to these terms of use, then you have no right to access or use the site, services or content.

Modification

Ellinopoula Ltd. reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top the page. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site

Eligibility and Account Registration

In order to access certain features of the Site and the Services, you must register to create an account ("Account") and become an "Ellinopoula User." This applies both to Parents and Partners. To become an Ellinopoula User you must be at least 18 years old. Any registration by anyone under 18 is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older.

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ellinopoula reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Ellinopoula of any unauthorized use of your Account.

Accounts and Paid Features

Ellinopoula offers a free Account (no fees) and the option to enhance your account with subscriptions and paid features ("Paid Features"). When you select to take advantage of Ellinopoula ‘s paid Features, you will be required to provide customary billing information such as name, billing address, and payment information and select the products you want to purchase.

Payment Terms

You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

Pricing policy:

Ellinopoula is a subscription-based service that offers the following membership packages:

For the Premium Package:

Monthly: $19.99/€19.99 per month

Quarterly: 10% discount

Yearly: 20% discount

For the Basic Package:

Monthly: $9.99/€9.99 per month

Quarterly: 10% discount

Yearly: 20% discount

Add an additional child to your household account: $4.99/€4.99 per month

We offer a 30-day free trial for new users. Sign up to begin your trial period today.

A subscription remains active and automatically renewed at each billing cycle until it is cancelled or requested to be cancelled by the user

No Refunds:

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

Privacy

See Ellinopoula’s Privacy Policy for information and notices concerning Ellinopoula’s collection and use of your personal information. By accepting these Terms of Use you consent to the collection, use, and disclosure of information as outlined in our Privacy Policy.

Ownership

The Site, Services and the Content are protected by copyright, trademark, and other laws of Cyprus and foreign countries. Except as expressly provided in these Terms of Use, Ellinopoula and its licensors exclusively own all right, title and interest in and to the Site, Services and the Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, advertisement or other proprietary rights notices incorporated in or accompanying the Site, Services or the Content.

Content License

Subject to your compliance with the terms and conditions of these Terms of Use, Ellinopoula grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or the Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ellinopoula or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at support@ellinopoula.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ellinopoula Ltd and you hereby irrevocably assign to Ellinopoula Ltd and agree to irrevocably assign to Ellinopoula Ltd all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Ellinopoula Ltd request and expense, you will execute documents and take such further acts as Ellinopoula Ltd may reasonably request to assist Ellinopoula Ltd to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Ellinopoula Ltd can remove any comments from the website at its discretion.

General

You agree not to do any of the following while using the Site, Services or the Content:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);

Use, display, mirror, frame or utilize framing techniques to enclose the Site, Services or any individual element or materials within the Site, Ellinopoula’s name, any Ellinopoula’s trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page or the Application, without Ellinopoula’s express written consent;

Access, tamper with, or use non-public areas of the Site, Ellinopoula’s computer systems, or the technical delivery systems of Ellinopoula’s providers;

Attempt to probe, scan, or test the vulnerability of any Ellinopoula system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ellinopoula or any of Ellinopoula’s providers or any other third party (including another user) to protect the Site, Services, or the Content.

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing an Ellinopoula’s trademark, logo URL or product name without Ellinopoula’s express written consent;

Use the Site, Services, or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or the Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or the Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Ellinopoula will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Ellinopoula may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Ellinopoula has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ellinopoula reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Ellinopoula, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Copyright

Ellinopoula respects copyright law and expects its users to do the same. Ellinopoula has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Ellinopoula Copyright/DMCA Policy, for further information.

Links

The Site and the Service may contain links to, or direct you to, third-party websites or resources. You acknowledge and agree that Ellinopoula is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ellinopoula of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms of Use, Ellinopoula will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. Ellinopoula reserves the right to revoke your access to and use of the Site, Services, and the Content at any time, with or without cause. In the event Ellinopoula terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time through your Account settings.

Disclaimers

The site, services, content and the application are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing Ellinopoula explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Ellinopoula makes no warranty that the site, services, or the content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ellinopoula makes no warranty regarding the quality of any products, services or content purchased or obtained through the site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site, services or the application.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using and or accessing the site, content, services or the application. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the site, content, services or the application. Immediately discontinue use of the site. Content, services or the application and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

No advice or information, whether oral or written, obtained from Ellinopoula or through the site, services, or the content will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services. You understand that Ellinopoula does not screen or inquire into the background of any users of the site or services, nor does Ellinopoula make any attempt to verify the statements of users of the site or services. Ellinopoula makes no representations or warranties as to the conduct of users of the site or services or their compatibility with any current or future users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Ellinopoula, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services, content, and the application remains with you. Neither Ellinopoula nor any other party involved in creating, producing, or delivering the site, services, or the content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ellinopoula has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Ellinopoula is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Ellinopoula will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the services or the application.

In no event will Ellinopoula aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application exceed the amounts you have paid to Ellinopoula for the use of the site, services and its content giving rise to a claim in the twelve months preceding the date of such claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ellinopoula and you.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Propriety Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Ellinopoula used herein are trademarks or registered trademarks of Ellinopoula. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between Ellinopoula and you regarding the Site, Services, Content and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Ellinopoula and you regarding the Site, Services, and the Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Ellinopoula’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Ellinopoula may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Data Protection

  1. Definitions
    • 1.1 The following definitions and rules of interpretation apply in this Clause.

      Appropriate Technical and Organisational Measures: has the meaning given to such term in Data Protection Legislation (including, as appropriate, the measures referred to in Article 32(1) of the GDPR).

      Authorised Person: the personnel authorised on Your behalf to provide instructions to Us in relation to the Processing provisions in this Clause.

      Business Day: a day other than a Saturday, Sunday or public holiday in USA when banks are open for business.

      Business Purpose: the provision of the Services.

      Data: any data or information, in whatever form, including but not limited to images, still and moving, and sound recordings.

      Data Controller: has the meaning given to such term in Data Protection Legislation.

      Data Processor: has the meaning given to such term in Data Protection Legislation.

      Data Protection Legislation: means the Data Protection Acts 1988 and 2003 and Directive 95/46/EC, any other applicable law or regulation relating to the processing of personal data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 ("E-Privacy Regulations"), as such legislation shall be amended, revised or replaced from time to time, including by operation of the General Data Protection Regulation (EU) 2016/679 ("GDPR") (and laws implementing or supplementing the GDPR, and laws amending or supplementing the E-Privacy Regulations).

      Data Protection Officer: a data protection officer appointed pursuant to Data Protection Legislation.

      Data Subject: an individual who is the subject of Personal Data (including any User).

      Delete: to remove or obliterate Personal Data such that it cannot be recovered or reconstructed.

      EEA: European Economic Area.

      GDPR: General Data Protection Regulation (EU) 2016/679.

      Normal Business Hours: 10.00am to 6.00 pm in Oakland CA, USA.

      ODPC: Office of the Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.

      Our System: any information technology system or systems owned or operated by Us to which Your Data is delivered or on which the Services are performed.

      Personal Data: has the meaning set out in Data Protection Legislation and relates only to personal data, or any part of such personal data, in respect of which You are the Data Controller, and in respect of which We are the Data Processor.

      Personal Data Breach: means any "personal data breach" as defined in the GDPR in respect of the Personal Data which is caused by Us.

      Processed Data: any of Your Data that has been Processed by Us.

      Processing: has the meaning given to such term in Data Protection Legislation, and Processed and Process shall be interpreted accordingly.

      Representatives: a Party’s employees, officers, representatives, advisers or subcontractors involved in the provision or receipt of the Services.

      Restricted Transfer: any transfer of Personal Data to countries outside of the EEA which are not subject to an adequacy decision by the European Commission, where such transfer would be prohibited by Data Protection Legislation.

      Security Features: any security feature, including any encryption, pseudonymisation, key, PIN, password, token or smartcard.

      Specific Instructions: instructions meeting the criteria set out in Clause 2.1 of this Section.

      Standard Contractual Clauses: the contractual clauses dealing with the transfer of Personal Data outside the EEA, which have been approved by (i) the European Commission under Data Protection Legislation, or (ii) by the ODPC or an equivalent competent authority under Data Protection Legislation.

      Sub-processor: has the meaning given to such term in Clause 12.1 of this Section.

      Term: the duration of the provision of the Services

      Your Data: the Your Data (NPD) and Your Data (PD).

      Your Data (NPD): all Data uploaded during the Term by You or any User from time to time in respect of use of the Services other than Your Data (PD).

      Your Data (PD): the Personal Data uploaded during the Term by You or any User from time to time in respect of use of the Services, and any other Personal Data Processed by Us on behalf of You or any User.

  2. Services
    • 2.1 We shall not act on any specific instructions given by You from time to time during the Term in respect of Processing unless they are:
    • 2.2.1 in writing (including by electronic means); and
    • 2.2.2 given by an Authorised Person
    • 2.3 We shall Process Your Data (PD) for the Business Purpose only and in compliance with Your instructions from time to time, which may be:
    • 2.3.1 Specific Instructions; or
    • 2.3.2 the general instructions set out in this Agreement unless required to do otherwise by law, in which case, where legally permitted, We shall inform You of such legal requirement before Processing.
    • 2.4 The types of Personal Data to be Processed pursuant to this Agreement shall include (but shall not be limited to) Personal Data uploaded by you or other Users through use of the Services, and may be any information, data or materials provided or utilized by you or Users in connection with the Services, including, without limitation, user credentials, and any other Personal Data contained in your or User’s websites, applications or in tests created by you or a User in connection with the Services; and the categories of Data Subject to whom such Personal Data relates shall include Users.
  3. Parties' obligations
    • 3.1 We shall:
    • 3.1.1 only make copies of the Your Data to the extent reasonably necessary for the Business Purpose (which, for clarity, may include for generating logs in relation to your use of the Services, back- up, mirroring (and similar availability enhancement techniques), security, disaster recovery and testing the Services); and
    • 3.1.2 not extract, reverse-engineer, re-utilise, use, exploit, redistribute, re-disseminate, copy or store Your Data other than for the Business Purpose.
    • 3.2 We shall notify You in writing without delay of any situation or envisaged development that shall in any way change the ability of Us to Process Your Data (PD) as set out in this Agreement.
    • 3.3 In general, Your Data and any logs created by us relating to Your Data will be kept and stored for 60 days from the date of upload/creation, after which point it will then be automatically deleted by Us. Notwithstanding this, we shall, at Your cost and taking into account the nature of Our Processing of Personal Data, promptly comply with any written request from You requiring Us to amend, transfer or Delete any of Your Data in advance of the expiration of this 60 day period. You may also retrieve and delete Your Data using our API.
    • 3.4 At Your request and cost, We shall provide to You a copy of all Your Data held by Us in a commonly used format.
    • 3.5 At Your request and cost, taking into account the nature of Our Processing of the Personal Data and the information available, We shall provide to You such information and such assistance as You may reasonably require, and within the timescales reasonably specified by You, to allow You to comply with Your obligations under Data Protection Legislation, including but not limited to assisting You to:
    • 3.5.1 comply with Your own security obligations with respect to the Personal Data;
    • 3.5.2 discharge Your obligations to respond to requests for exercising Data Subjects’ rights with respect to the Personal Data;
    • 3.5.3 comply with Your obligations to inform Data Subjects about serious Personal Data Breaches;
    • 3.5.4 carry out data protection impact assessments and audit data protection impact assessment compliance with respect to the Personal Data; and
    • 3.5.5 the consultation with the ODPC following a data protection impact assessment, where a data protection impact assessment indicates that the Processing of the Personal Data would result in a high risk to Data Subjects.
    • 3.6 Any proposal by Us to in any way use or make available Your Data other than as provided for pursuant to this Agreement shall be subject to prior written approval of You.
    • 3.7 You acknowledge that We are under no duty to investigate the completeness, accuracy or sufficiency of (i) any instructions received from You, or (ii) any Your Data.
    • 3.8 You shall:
    • 3.8.1 ensure that You are entitled to transfer Your Data (PD) to Us so that We may lawfully process and transfer (if applicable) Your Data (PD) in accordance with this Agreement;
    • 3.8.2 ensure that the relevant Data Subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by Data Protection Legislation;
    • 3.8.3 notify Us in writing without delay of any situation or envisaged development that shall in any way influence, change or limit the ability of Us to process Your Data (PD) as set out in this Agreement;
    • 3.8.4 ensure that Your Data (PD) that You instructs Us to Process pursuant to this Agreement is:
    • (a) obtained lawfully, fairly and in a transparent manner in relation to the Data Subject (including in respect of how consent is obtained);
    • (b) collected and processed for specified, explicit and legitimate purposes, and not further processed in a manner incompatible with those purposes;
    • (c) adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
    • (d) accurate, and where necessary kept up to date;
    • (e) erased or rectified without delay where it is inaccurate, having regard to the purposes for which they are processed;
    • (f) kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data are processed (subject to circumstances where Personal Data may be stored for longer periods insofar as it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, and subject to the implementation of Appropriate Technical and Organisational Measures);
    • (g) processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using Appropriate Technical and Organisational Measures; and
    • 3.8.5 provide such information and such assistance to Us as We may reasonably require, and within the timescales reasonably specified by Us, to allow Us to comply with Our obligations under Data Protection Legislation.
    • 3.9 Your Data (PD) passed to Us for Processing shall not be kept by You for a period that is longer than necessary.
  4. Our employees
    • 4.1 We shall take reasonable steps to ensure the reliability of all Our employees who have access to Your Data (PD), and to ensure that such employees have committed themselves to a binding duty of confidentiality in respect of Your Data (PD).
  5. Records
    • 5.1 We shall keep at Our normal place of business records (including in electronic form) relating to all categories of Processing activities carried out on behalf of You, containing:
    • 5.1.1 the general description of the security measures taken in respect of the Personal Data, including details of any Security Features and the Appropriate Technical and Organisational Measures;
    • 5.1.2 the name and contact details of Us; any sub-supplier; and where applicable Our representatives; and where applicable any Data Protection Officer appointed by Us;
    • 5.1.3 the categories of Processing by Us on behalf of You; and
    • 5.1.4 details of any non-EEA Personal Data transfers, and the safeguards in place in respect of such transfers
  6. Audits
    • 6.1 Subject to Clause 6.2, 6.3 and 6.5, and to the extent required by Data Protection Legislation, You shall have the right to examine and review the use by Us of Your Data provided to Us by You only for the purpose of ascertaining that Your Data has been used and Processed in accordance with the terms of this Agreement.
    • 6.2 An audit under this Clause 6 shall be carried out on the following basis: (i) You must first contact Us by email asking for evidence of compliance with Our obligations under this Agreement, and We shall respond to such email within 30 Business Days; (ii) if We have not responded to Your email with a response which is reasonably satisfactory to You within such 30 Business Day period then, no more than once in any twelve (12) month period and during Normal Business Hours during the course of one Business Day You may audit Our Processing of Your Personal Data at a location agreed by Us. You shall bear the reasonable expenses incurred by Us in respect of any such audit and any such audit shall not interfere with the normal and efficient operation of Our business. We may require, as a condition of granting such access, that You (and representatives of You) enter into reasonable confidentiality undertakings with Us.
    • 6.3 The scope of any examination and review by You of the use by Us of the Personal Data shall be agreed in writing prior to the commencement of any such examination and review.
    • 6.4 In the event that the audit process determines that We are materially non-compliant with our obligations under this Section, You may, by notice in writing, deny further access to Your Data.
    • 6.5 To the extent permitted under Data Protection Legislation, We may demonstrate Our and, if applicable Our Sub-processors’, compliance with Our obligations under this Section through Our compliance with a certification scheme or code of conduct approved under Data Protection Legislation.
  7. Data Subject Requests
    • 7.1 Taking into account the nature of Our Processing of the Personal Data and at Your cost, We shall assist You by employing Appropriate Technical and Organisational Measures, insofar as this is possible, in respect of the fulfilment of Your obligations to respond to requests from a Data Subject exercising his/her rights under Data Protection Legislation.
    • 7.2 We shall, at Your cost, notify You as soon as reasonably practicable if We receive:
    • 7.2.1 a request from a Data Subject for access to that person’s Personal Data (relating to the Services);
    • 7.2.2 any communication from a Data Subject (relating to the Services) seeking to exercise rights conferred on the Data Subject by Data Protection Legislation in respect of Personal Data; or
    • 7.2.3 any complaint or any claim for compensation arising from or relating to the Processing of such Personal Data.
    • 7.3 We shall not disclose the Personal Data to any Data Subject or to a third party other than at the request of You, as provided for in this DPA, or as required by law in which case We shall to the extent permitted by law inform You of that legal requirement before We discloses the Personal Data to any Data Subject or third party.
    • 7.4 We shall not respond to any request from a Data Subject except on the documented instructions of You or an Authorised Person or as required by law, in which case We shall to the extent permitted by law inform You of that legal requirement before We respond to the request.
  8. Data Protection Officer
    • 8.1 We shall appoint a Data Protection Officer, if required to do so pursuant to Data Protection Legislation, and provide You with the contact details of such Data Protection Officer.
    • 8.2 You shall appoint a Data Protection Officer, if required to do so pursuant to Data Protection Legislation, and provide Us with the contact details of such Data Protection Officer.
  9. Security
    • 9.1 We shall, in accordance with Our requirements under Data Protection Legislation, implement Appropriate Technical and Organisational Measures to safeguard the Your Data (PD) from unauthorised or unlawful Processing or accidental loss, alteration, disclosure, destruction or damage, and that, having regard to the state of technological development and the cost of implementing any measures (and the nature, scope, context and purposes of Processing, as well as the risk to Data Subjects), such measures shall be proportionate and reasonable to ensure a level of security appropriate to the harm that might result from unauthorised or unlawful Processing or accidental loss, alteration, disclosure, destruction or damage and to the nature of the Personal Data to be protected.
    • 9.2 We shall ensure that Your Data provided by You can only be accessed by persons and systems that are authorised by Us and necessary to meet the Business Purpose, and that all equipment used by Us for the Processing of Your Data shall be maintained by Us in a physically secure environment.
    • 9.3 You shall make a back-up copy of Your Data as often as is reasonably necessary and record the copy on media from which Your Data can be reloaded in the event of any corruption or loss of Your Data.
  10. Breach reporting
    • 10.1 We shall promptly inform You if any of Your Data is lost or destroyed or becomes damaged, corrupted, or unusable, or if there is any accidental, unauthorised or unlawful disclosure of or access to any of Your Data. In such case, We will use Our reasonable endeavours to restore Your Data at Your expense (save where the incident was caused by Our negligent act or omission, in which case it will be at Our expense), and will comply with all of Our obligations under Data Protection Legislation in this regard.
    • 10.2 We must inform You of any Personal Data Breaches, or any complaint, notice or communication in relation to a Personal Data Breach, without undue delay. Taking into account the nature of Our Processing of the Personal Data and the information available to Us and at Your cost We will provide sufficient information and assist You in ensuring compliance with Your obligations in relation to notification of Personal Data Breaches (including the obligation to notify Personal Data Breaches to the ODPC within seventy two (72) hours), and communication of Personal Data Breaches to Data Subjects where the breach is likely to result in a high risk to the rights of such Data Subjects. Taking into account the nature of Our Processing of the Personal Data and the information available to Us and at Your cost, We shall co-operate with You and take such reasonable commercial steps as are directed by You to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
  11. Restricted transfers
    • 11.1 A Restricted Transfer may not be made by Us (other than transfers to our Affiliates and by any agents and contractors for the purposes of performing the Services, and You shall endeavour to obtain explicit consent from relevant Data Subjects in respect of such potential transfers) without the prior written consent of You (such consent not to be unreasonably withheld, delayed or conditioned), and if such consent has been obtained (or is unnecessary), such Restricted Transfer may only be made where there are Appropriate Technical and Organisational Measures in place with regard to the rights of Data Subjects (including but not limited to the Standard Contractual Clauses, Privacy Shield, binding corporate rules, or any other model clauses approved by the ODPC).
    • 11.2 Subject to Clause 11.3, in the event of any Restricted Transfer by Us to a contracted Sub- processor, to any Affiliate of You or otherwise ("Data Importer") for which your consent has been obtained (or is unnecessary), We and You shall procure that (i) You (where the Restricted Transfer is being made at the request of You) or Us acting as agent for and on behalf of You (where the Restricted Transfer is being made at the request of Us), and (ii) the Data Importer, shall enter into the Standard Contractual Clauses in respect of such Restricted Transfer.
    • 11.3 Clauses 11.1 or 11.2 shall not apply to a Restricted Transfer if other compliance steps (which may include, but shall not be limited to, obtaining explicit consents from Data Subjects) have been taken to allow the relevant Restricted Transfer to take place without breach of applicable Data Protection Legislation.
  12. Sub-processors
    • 12.1 You agree and acknowledge that We may have Your Data Processed by any of Our Affiliates and by any agents and contractors for the purpose of providing the Service (a "Sub-processor"). If you object to such sub-processing arrangements, then You should confirm this to Us and, if you do so confirm, You acknowledge that You may no longer be able to avail of some or all of Our Services.
    • 12.2 We must enter into a data processing contract with the Sub-processor which places the same data protection obligations on the Sub-processor as We have in this Agreement (in particular, providing sufficient guarantees to implement Appropriate Technical and Organisational Measures in such a manner that the Processing will meet the requirements of Data Protection Legislation).
    • 12.3 With respect to each Sub-processor, We shall, before the Sub-processor first Processes Your Data (PD), ensure that the Sub-processor is capable of providing the level of protection for Your Data (PD) required by this Agreement.
    • 12.4 We will remain fully liable to You in respect of any failure by the Sub-processor to fulfil its data protection obligations in this regard.
  13. Warranties
    • 13.1 We warrant and undertake to You that:
    • 13.1.1 We will Process Your Data in compliance with our obligations under Data Protection Legislation;
    • 13.1.2 We will maintain Appropriate Technical and Organisational Measures against the unauthorised or unlawful Processing of Your Data (PD) and against the accidental loss or destruction of, or damage to, Your Data (PD); and
    • 13.1.3 We will discharge Our obligations under this Section with all due skill, care and diligence.
    • 13.2 You hereby warrant and undertake that:
    • 13.2.1 You have complied with and shall comply with Your obligations under Data Protection Legislation;
    • 13.2.2 You have the right to transfer (or to authorise Users to transfer) Your Data (PD) to Us in accordance with the terms of this Agreement;
    • 13.2.5 Your instructions that are set out in this Section accurately reflect the instructions of the Data Controller to the extent that We are a Data Processor on behalf of the Data Controller;
    • 13.2.6 You shall and shall cause, appropriate notices to be provided to, and valid consents to be obtained from, Data Subjects, in each case that are necessary for Us to Process (and have Processed by Sub-processors) Personal Data under or in connection with this Agreement, including Processing outside the EEA on the basis of any of the legal conditions for such transfer and Processing set out in Clause 11 above;
    • 13.2.6 You shall and shall cause, appropriate notices to be provided to, and valid consents to be obtained from, Data Subjects, in each case that are necessary for Us to Process (and have Processed by Sub-processors) Personal Data under or in connection with this Agreement, including Processing outside the EEA on the basis of any of the legal conditions for such transfer and Processing set out in Clause 11 above;
    • 13.2.7 You shall not, by act or omission, cause Us to violate any Data Protection Legislation, notices provided to, or consents obtained from, Data Subjects as a result of Us or Our Sub-processors Processing the Personal Data; and
    • 13.2.8 notwithstanding anything contained in this Agreement, You shall pay in immediately available funds Our costs incurred or likely to be incurred, at Our option in advance under this Section (where matters are to be at Your cost).
  14. Indemnity
    • 14.1 You (the "Indemnifying Party") agree to indemnify and keep indemnified and defend at Your own expense Us (the "Indemnified Party") against all costs, claims, damages or expenses incurred by the Indemnified Party or for which the Indemnified Party may become liable due to any failure by the Indemnifying Party or its employees or agents to comply with any of its obligations under this Section and/or under Data Protection Legislation.
    • 14.2 If any third party makes a claim against the Indemnified Party, or notifies an intention to make a claim against the Indemnified Party, the Indemnified Party shall: (i) give written notice of the claim against the Indemnified Party to the Indemnifying Party as soon as reasonably practicable; (ii) not make any admission of liability in relation to the claim against Indemnified Party without the prior written consent of the Indemnifying Party; (iii) at the Indemnifying Party’s request and expense, allow the Indemnifying Party to conduct the defence of the claim against the Indemnified Party including settlement; and (iv) at the Indemnifying Party’s expense, co-operate and assist to a reasonable extent with the Indemnifying Party's defence of the claim against the Indemnified Party.
  15. Limitation of liability
    • 15.1 Unless required to do so by the ODPC or any other competent supervisory authority, We shall not make any payment or any offer of payment to any Data Subject in response to any complaint or any claim for compensation arising from or relating to the Processing of Your Data, without the prior written agreement of You.
    • 15.2 You acknowledge and agree that We are reliant on You for direction as to the extent to which We are entitled to use and process Your Data (PD). Consequently, We will not be liable for any claim brought by a Data Subject arising from any action or omission by Us, to the extent that such action or omission resulted directly from Your instructions and/or the transactions contemplated by this Section.
  16. Consequences of termination on Your Data.

    Upon termination or expiry of this Agreement, at the choice of You, We shall Delete or return all Your Data to You and Delete existing copies of Your Data, unless legally required/entitled to store Your Data for a period of time. If You make no such election within a ten (10) day period of termination or expiry of this Agreement, We may Delete any of Your Data in our possession; and if You elect for destruction rather than return of Your Data, We shall as soon as reasonably practicable ensure that all Your Data is Deleted from Our System, unless legally required/entitled to store Your Data for a period of time.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by Ellinopoula via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Ellinopoula to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ellinopoula. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

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