BESEDO LTD PRIVACY POLICY (‘Policy’)

19th July, 2016

Besedo Ltd (‘The Operator’), a private limited liability company registered under the laws of Malta with company number C 43619, having its registered address situated at Level 2 The Emporium, C. De Brocktorff Street, Msida, Malta, knows that You care about how information about You is used and shared, and is committed to protecting Your personal data and information and comply with the applicable data protection laws. The Operator strives for its’ services to be safe and enjoyable for everyone, and this Policy aims to help You understand what information the Operator might collect about You and how the Operator makes use of such information.

By visiting www.besedo.com (the ‘Website’), including any of its sub-domains and links thereon, (and by accessing or using any Service offered by the Operator through the Website, or which is available for download through third party applications), You are accepting and consenting to the practices that are adopted by the Operator, and which are described in this Policy.

The Operator complies with the Data Protection Act, Chapter 440 of the laws of Malta, (the ‘Applicable Law’), which laws transpose the relevant European Union directives on the subject. Any personal information that is provided to, or gathered by the Operator is controlled by the Operator, thereby acting as the data controller in terms of the Applicable Law.

The Operator is responsible for the collection and processing of personal data from the Website and ensures that Your personal data is processed fairly, lawfully, in accordance with good practice and collected only for specific purposes which are known and accepted by You when You make use of the Website and Services. In this regard, the Operator is a registered Data Controller in line with the Applicable Law.

If You do not agree with any conditions of this Policy, You shall not make further use of the Website and Services. In such case, You are kindly requested to leave the Website and refrain from making any further use of any Services offered by the Operator.

Information Gathered

The information gathered by the Operator helps the Operator personalise and continually improve the experience on the Website and the Services provided to You. The Operator uses the information to improve the Website infrastructure and Services that are offered, and to prevent or detect fraud or abuses.

Personal data is received, stored and processed by the Operator only when You consent and submit such information through the Website or the Services being provided therein. You can choose not to provide certain information but in that case you might not be able to take advantage of some of the features of the Website and Services. The information that You provide is used for purposes such as responding to your requests, or queries, customising future services for You and communicating with You.

Certain types of information are processed whenever You interact with the Operator (including for instance through the use of “cookies”, or through email confirmations when You open emails, if your terminal supports such functionality).

Personal Data Security

Your personal data which is stored at the Operator may only be accessed by the Operator’s employees as well as the affiliates of the Operator in possession of the required clearance. All persons who have access to such personal data are required to comply with the terms of this Policy and are contractually obliged to keep such information strictly confidential even after appointment within the Operator has been terminated.

The Operator is reasonably committed to take all possible organisations and technical measures to protect Your personal data from illegal or accidental access, destruction, alteration, blocking, copying, distribution, as well as other illegal actions from third parties. The Operator seeks to adopt the best practices when it comes to the principles of personal data processing and email communication with You. This is in place in order to assure You that Your personal data is, at all times:

a. processed in accordance with Your rights, in a fair and lawful manner;
b. obtained only for specific and lawful purposes;
c. adequate, relevant and not excessive to its purpose;
d. kept in an accurate and updated form;
e. stored securely;
f. not kept longer than is necessary for the purpose; and
g. utilised for marketing purposes based on the ‘opt-in’ principle.

The Operator shall only transfer personal data to third countries only if such third country has an adequate level of personal data protection, or if such transfer is required for conclusion or performance of any Service requested by You, in accordance with the Applicable Law.

Disclosure of personal data

The only time that the Operator may disclose Your personal data which is stored at its servers is when ordered to do so by virtue of an official decision which is derived from an authority in accordance with the Applicable Law, or when so ordered by the Data Protection Commissioner. Furthermore, the Operator may also disclose Your personal data when You are directly and/ or indirectly involved in a crime that involves the Website and the Services of the Operator.

Website Traffic Information

The Operator may collect, and You hereby provide Your explicit consent to such collection, information on the pages of the Operator’s Website that You visit, including, but not limited to, IP addresses, geolocation data, the type of browser You use, details of any links which direct You to the Website and the times You access the Operator’s Website. This information is used in order for the Operator to understand Your preferences better and to manage the load on servers, so as to improve services and Your experience generally.

Customer Service Correspondence

If You forward any queries to the Operator, personal data may be retained by the Operator for customer service purposes, to keep records of the Operator’s relationship with You, to measure and improve customer service, and to investigate potential fraud and violations of the Operator’s terms and conditions. Over time, such records may be deleted if permitted by law.

Questionnaires, Surveys and Profile Data

The Operator may, from time to time, offer optional questionnaires and surveys for such purposes as market research, collection of demographic information or assessing Your interests and needs. The use of the information collected in such surveys will be explained in detail in the survey itself. If personally identifiable information is collected from You, and if the survey or questionnaire is not anonymous, You will be given notice of how the information will be used prior to Your participation in the survey or questionnaire.

Direct Marketing

As outlined by this Policy, the Operator may obtain contact details for electronic mail in relation to the sale of its products or its Services and therefore may use such details for direct marketing of its own similar products or services. In all correspondence, You shall have the opportunity to unsubscribe from receiving direct marketing free of charge.

Cookies

By visiting the Operator’s Websites and/or using the Operator’s Services with Your browser settings adjusted to accept cookies tells the Operator that You want to use the Operator’s Website and Services and that You consent to the Operator’s use of cookies and other technologies to provide them to You as described in this Policy. See below for information on how to modify the settings in your browser to notify You when You receive a new cookie or disable cookies altogether.

Cookies are small text files stored on Your computer and used to track what You do through Your use of the Website and Services. The information collected is primarily aimed at developing the Website, Services and their performance. Please note that the cookie will not identify You personally – only the browser that is installed on Your computer, tablet or mobile that you use for the visit.

There are two types of cookies: permanent cookies and session cookies.

Permanent Cookies

A persistent cookie remains on Your computer for a specified period of time. These are used to improve the Website and/ or Services by receiving statistics related to how You use the site, such as which articles are read and how You move in navigation. The statistics can also be about You, Your interests or Your Internet device (computer, tablet or mobile), and is mainly used for the well-functioning of the Website and/ or Services that You expect.

Session Cookies

A session cookie is temporarily stored in Your computer’s memory while You are browsing the Website and/ or making use of the Services. Session cookies disappear when You close Your browser. The Website and/ or Services make use of session cookies to handle the information You provide when You make use of the Website and/ or Services.

Cookies may also be used by the Operator for additional purposes, including:

i. Identifying You when you sign-in to the Website or Services;
ii. To provide You with product recommendations, to display personalised content, to recognise You as a registered member; amongst other customised features and services the Operator provides;
iii. Keeping track of Your specified preferences. This allows the Operator to honour Your likes and dislikes, such as whether or not You would like to see certain online advertisements;
iv. Conducting research and diagnostics to improve the Operator’s content, products and services;
v. Preventing fraudulent activities; and
vi. Improving security.

The “Help” or “FAQs” on the menu bar of most browsers will explain how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie and how to disable cookies altogether. Additionally, You can disable or delete data used by browser add-ons by amending the add-on settings.

However please note that cookies allow You to take advantage of some of the Operator’s essential features that facilitate Your experience. It is therefore recommended that You leave them turned on. If You do leave cookies turned on, be sure to sign off when You finish using a shared computer.

Cookies may also be collected by third-party service providers (such as PayPal, Google Analytics, Facebook) offering services through the Website or the Services. If you limit the use of cookies, Your ability to use such third-party services may be limited. We recommend that You read the privacy policy of the respective service-providers to understand why and how they collect cookies.

Shared Information

Information about You and other users is an important part of the Operator’s business and the Operator is not in the business of selling it to third parties.

The Operator may be required to release personal information when it is believed by the Operator that the release is appropriate or necessary to comply with the law or an enforcement order; or to enforce or apply the Operator’s Terms of Service and other agreements; or protect the rights, property or safety of the Operator, the Operator’s users or third-parties, including for fraud protection and credit risk. This excludes selling, renting, sharing or otherwise disclosing personally identifiable information, including from You, for commercial purposes in a way that is contrary to the commitments made in this Policy.

To ensure proper provision of Services, the Operator has the right to transfer Your personal data to third parties that provide hosting services, services related to the sending of emails and similar service providers. These third parties have the right to use the received personal data for the sole purpose of providing the Services to You and are bound by the terms of this Policy and by other agreements that ensure the proper use of Your personal data which is furnished.

You further accept that the Operator shall have the right to transfer Your personal data to any affiliates of the Operator for the purpose of appropriate and high-quality provision and improvement of the Website and the Services and for the performance of the Services and this Policy.

If the Operator decides to merge with another company in the future, through processes such as re-organisation and/ or merger and/ or sale and/ or acquisition and/ or liquidation, and/ or through any other process, Your personal data may be transferred along with the Operator or its part, or it may be sold as part of the Operator.

Other than as set out above, You will receive notice when information about You might be transferred to third parties and You will have an opportunity to choose not to share such information.

If personal information is transferred to countries outside of the European Economic Area in the course of sharing information as set out above, the Operator will ensure that the information is transferred in accordance with this Policy and as permitted by the Applicable Law.

The Operator strives to protect the security of Your information during transmission by using encryption software. The Operator maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable information. The Operator’s security procedures may require proof of Your identity before any personal information (including about You) is disclosed to You.

It is important for You to take all necessary measures against unauthorised access to Your password and to Your computer, and it is strongly advisable to sign off when You finish using a shared computer.

Links to Third-Party Web sites

The Website and Services may include third-party advertising and links to other websites and/ or services. The Operator does not provide any personally identifiable customer information to these advertisers or third-party linked websites who work on their own behalf. The Operator does not have access to or control over cookies or other features that they may make use of, and their information practices are not covered by this Policy.

Your Access Right

You may access a broad range of information about Your interactions with the Website and Services for the purpose of viewing and, in certain cases, updating that information. As a data subject You may ask the Operator, as the data controller, to confirm whether any of Your personal data is being processed.

Notices and Revisions

If You have any concern about Your privacy, You are kindly requested to forward an e-mail to the Operator on hi@implio.com containing a detailed description of Your concerns. The Operator will do its best to resolve such issues within a reasonable time.

You have the right to object to the processing and collection of Your personal data, and to withdraw Your consent at any time, except where otherwise determined by the Applicable Law. Whenever You withdraw consent, You acknowledge and accept that this may have a negative influence on the quality of the Website and Services as well as may cause the impossibility of access to the Website or Services. You further agree that the Operator shall not be held liable with respect to any loss and/ or damage to Your personal data.

The Operator’s business changes constantly and the Policy and the Terms of Service will thereby also change to take account of the new changes in the Website and Services. The Operator will provide notice by e-mail containing reminders of notices and updates, unless You have instructed it not to. However, it remains Your ultimate responsibility to check the Website and Service policies and Terms of Service periodically to be informed of any recent changes.

Indemnity

You shall fully indemnify the Operator, and any of its affiliates, against all claims, losses, damages and demands arising out of your use and access of the Website and Services.

Waiver

Failure or neglect to enforce, from the Operator’s side, at any time, any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights herein, nor in any way affect the validity of the whole or any part of this policy, nor prejudice our rights to take subsequent action.

Entire Policy

This Policy represents the entire agreement between You and the Operator in relation to its subject matter and supersedes and voids all prior agreements between such parties relating to such subject matter.

Severability

In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

Law and Forum

The parties hereby agree that this Policy, together with any other documents with which this Policy forms an integral part, shall be governed by and construed in accordance with the laws of Malta and shall be subject to the jurisdiction of the Courts of Malta.