Legal

Last updated 7/24/2019

1. Introduction

The purpose of this Privacy Policy is to explain how Infostarters (we, us, company) gathers and uses personal data of visitors to our site and our clients; how we store and use this data, and what your rights are as a data subject. Complementary with our Terms of Service, this document outlines our duties as a data controller and processor.

1.1. Owner and Data Controller Contact Information

Infostarters

Bulevar Oslobođenja 54
Novi Sad
Vojvodina, Serbia
master@infostarters.com

1.2. Definitions of Terms

Personal data – any information relating to an identified or identifiable natural person (‘data subject’). Basically, any data that can identify or point in the direction of a living person.

Usage Data – is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Controller – can be the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Infostarters is a controller when handling data provided by our newsletter subscribers; data needed to communicate with our clients, and usage data meant to help us optimize the Website for our users.

Processor – can be a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller. Infostarters is a processor, for instance, when analyzing User/Client Data to provide our clients with the services they requested.

Processing – is any operation or set of operations which are performed on personal data or on sets of personal data, whether by automated means or manually.

User/Client Data – for any personal data you upload, transmit or connect while using Infostarters services – the natural person or persons to which this data relates are your data subjects and you are the data controller. In our Terms and Conditions and Privacy Policy, we refer to this data as User/Client Data.

Authorised Users – employees, agents, consultants or independent contractors of the client who are authorized by the client to use the Services and the documentation

2. Types of Data Collected, What We Use it for, and Our Legal Basis

The following section will define what kind of data we are likely to collect. We will also explain what we use that data for, and what is our legal basis for doing so.

2.1. Usage Data

Usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.

2.2. Account data

Account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.

2.3. Inquiry Data

Infostarters may process information contained in any inquiry you submit to us regarding our services (“inquiry data”). The inquiry data may be processed for the purposes of offering, marketing and selling relevant services to you. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.

2.4. Correspondence Data

We may process information contained in or relating to any communication that you send to us. Correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.

2.5. Notification Data

Infostarters may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters. Notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.

2.6. Transaction Data

We may process information relating to transactions, including purchases of services, that you enter into with us and/or through our website. Transaction data may include first and last names, your email address, billing contact information and credit card number. Transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests.

2.7. Legal Claims Data

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3. Data Storage, Access and Deletion

Personal data we handle in the roles of controller and processor is protected and monitored. Actions taken with the data are logged, as are the user accounts taking those actions. In case of data breaches, objections, data erasure requests, lawful basis disputes, etc. we need to be able to provide an accurate and consistent record of data interactions.

Before we collect any kind of personal data, send data collecting cookies your way, or make major changes in the way we handle your data, we will ask for your permission. This will be reflected in the design of our website, including different forms and text input fields, as well as sections triggering automatic data retrieval and storage (“privacy by design”).

You will, in plain terms, be informed about what we exactly need from you, why we need it, and what the risks and benefits of allowing us to collect your data are. Site’s architecture will ensure that you can never give out your data inadvertently, without being fully aware of what you are consenting to and without being able to review and remove your consent.

Your information collected through Infostarters Services may be stored and processed in the United States, Europe, or any other country in which Infostarters or its subsidiaries, affiliates or service providers maintain facilities. Infostarters may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Economic Area (EEA) or other regions with laws governing data collection and use, please note that we will generally not transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

If such transfers to countries without an adequacy decision by the European Commission turned out to be necessary, Infostarters puts appropriate safeguards through contractual obligations.

3.1. Data Disclosure

We may disclose your personal data to the following persons:

Disclosure of information within Infostarters: We limit access to your personal data to employees who reasonably need to process such information as described under this policy. In this situation we:

  • shall take commercially reasonable steps to ensure the reliability and appropriate training of any Authorized Employee.
  • shall ensure that all Authorized Employees are made aware of the confidential nature of Personal Data and have executed confidentiality agreements that prevent them from disclosing or otherwise processing, both during and after their engagement with processor, any Personal Data except in accordance with their obligations in connection with the Services.
  • shall take commercially reasonable steps to limit access to Personal Data to only Authorized Individuals.

Disclosure of information to particular third parties: We may disclose your personal data to the following third parties:

  • other members of our group (which means our subsidiaries, our parent company and its subsidiaries, for the purposes outlined in this Privacy Policy
  • to contractors, service providers, and other third-parties we use to support our business. These entities have to be GDPR compliant, are bound by contractual obligations to keep personal information confidential and can use it only for the purposes for which we disclose the information to them.

Disclosure of information in certain circumstances: We may also disclose your personal data:

  • in the event we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or asset;
  • if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligations, or in order to enforce or apply our terms for use of the Infostarters website and other agreements; or to protect the rights, property or safety of Infostarters, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Beyond this, we will not share your personal data with any other person without your consent.

3.2. User-Submitted Data

You are legally responsible for all information, data, text, software or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). The company is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to backup your Content regularly and frequently.

You hereby grant Infostarters a limited license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 13.4., you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.

By accepting this Privacy Policy, you also accept that we can use your company’s logo for informational and referral purposes in our website (infostarters.com ) or in other publications mentioning Infostarters.

3.3. Data Retention

Personal data that we process for any purpose shall be kept until such time as we receive a request for deletion from you.

4. Cookies and Third-Party Services

This cookies policy applies to your use of our website, infostarters.com. We use cookies to distinguish you from other users of our site. This helps us provide you with a good experience when browsing our site.

By continuing to use our platform, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device’s hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies required for the operation of our platform. They include, for example, session cookies which enable you to log into secure areas of our platform, or simply to browse our site as intended.

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our platform when they are using it. This helps us to improve the way our platform works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our platform.

Except for essential cookies, all cookies will expire after 1 year.

While some of the functionality cookies can be used without your expressed consent, like security and load-balancing cookies; there are those that we cannot send your way before first getting your consent. In our case, this includes Hotjar cookies, which you can choose to opt out of, if you wish, and still be able to use our platform.

4.1. Third-Party Services

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

We may use third-party Service Providers for:

1) Monitoring and analyzing the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Hotjar

Hotjar is used to track and record user behavior on our Website, and is meant to help us improve our service. You can view their GDPR compliance page here: https://www.hotjar.com/legal/compliance/gdpr-commitment

Facebook Pixel

By analyzing visitor actions, Facebook Pixel lets us know if our Facebook ads are effective, and helps us improve our service. You can find their privacy policy here https://www.facebook.com/privacy/explanation

LinkedIn Insights Tag

Also used to track user behavior and help us adjust our ads and service accordingly. You can find their privacy policy here: https://www.linkedin.com/legal/privacy-policy

2) Payments processing

PayPal

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing - wire transfer and PayPal.

We will not store or collect your payment card details. That information is provided directly to our third-party payment processor - PayPal, whose use of your personal information is governed by their Privacy Policy .

5. Data Security, Privacy by Design

In order to ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect in association with the Service. Please be aware, however, that no data transmission over the Internet or other networks can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security or integrity of any information you transmit to us or that you authorize us to collect on your behalf. You transmit information to us and authorize us to collect information on your behalf, at your own risk. Once we receive your information, we make reasonable efforts to protect it from unauthorized access, disclosure, alteration, or destruction. If you have any questions about security on our Site, you can contact us at master@infostarters.com .

Despite us doing everything in our power to ensure the safety of your personal data, intrusions are always possible. In order to maximize the privacy of your data, and to minimize the impact of possible breaches, we are required to:

  • Perform regular risk assessments, ensuring we are aware of the potential impact of security breaches.
  • Segment our data and keep a close record of who has access to which data segments, not only to compartmentalize the potential damage but also to be able to establish culpability.
  • Inform you (or your data controller, if we are only processing the data) of any security breaches.
  • Adapt our policies and their implementation to ensure maximum security.
  • Encrypt all sensitive data (tokens, keys).
  • Pseudonymize 3rd party data.

5.1. Security Breaches

If we are the data controller, when Infostarters learns of a security systems breach, we will attempt to notify the data subject electronically within 72 hours so they can take appropriate protective steps. If we are the data processor, we will attempt to inform the controller of the breach, without undue delay. Infostarters may post a notice through the Service if a security breach occurs. If this happens, you will need a web browser enabling you to access the Service. Infostarters may also notify you via email in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

6. Your Rights as a Data Subject

As a data subject, ie. someone whose personal data we are using, you have the following rights (some of which are relevant to us only when we are in the position of data controller):

Right to be informed

Refers to your right to be informed if we start collecting your data, why we are collecting it and where the data is coming from, in a timely and clear fashion. As consent or contract is the most common basis for our data collection, in most cases, where required, we will ask for your consent before starting to keep any kind of track of your data. Depending on the data we need and the type of our relationship with the data subject in question, we will ask for their consent through a site pop-up, an email, or another appropriate method.

Right of access

Should you send a request to access your data, held by us, we have one month to comply. You can make the request verbally, or in writing, and are to be granted access to your data without having to pay us a fee. You can make the request at master@infostarters.com.

Right to rectification

If you feel that some of your personal data that we are storing is incorrect, you can make a verbal or written request to have us make the necessary corrections. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. We have one month to respond, but can also contest that the data is accurate and that there is no need for correction, should we determine there is grounds for such refusal to comply.

Right to erasure – right to be forgotten

If you want your data removed from our database, you have the right to demand it be erased. If your written or verbal request is valid, we will have one month to comply with it. You can ask for data to be erased if we obtained it on the grounds of your consent and you are no longer willing to provide it; if we no longer need it for whatever it was originally needed for, and in a number of other cases.

Infostarters will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Infostarters will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods. You can make the request at master@infostarters.com.

Right to restrict processing

Where personal information is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise, or defense of legal claims. This right includes restricting the processing of your personal information to only include storage of your personal information (e.g. during the time when Infostarters assesses whether you are entitled to have personal information erased). You can make the request at master@infostarters.com.

Right to data portability

If we are using your personal data, you have the right to expect us to be prepared to safely and promptly send that data to you, or, if technically feasible, to a third party of your choice, in a machine-readable format. This right only applies to us when we are in the position of a data controller. You can make the request at master@infostarters.com.

Right to object

Where we are relying on legitimate interest to process personal information, you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or where we need to process the personal information for the establishment, exercise, or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis. You can notify us of your objection at master@infostarters.com.

Right not to be subject to automated decision-making

Mostly related to profiling and automated marketing campaigns. Data subjects have the right to demand to be exempt from such practices, while we are obliged to give them means of easily communicating their desire to be excluded.

Right to withdraw consent

Where you have provided us with your consent to process personal information, you have the right to withdraw such consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You can do this by:

  • Using opt-out options to limit the personal information you provide to us or our third-party partners,
  • Contacting us at master@infostarters.com.
  • Following the unsubscribe instructions included in emails

7. Outgoing Third-Party Links

Infostarters site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make our blog and our social media accounts available to you. Please understand that any information that is disclosed and/or shared on these platforms becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information and any other information you consider private.

8. Eligibility

Our services are only available to persons over 16 years of age, so we are never in the position of the controller of personal data of a child.

If you believe we might have any information from or about a child under 16 years old, please contact us at master@infostarters.com.

9. Changes to the Privacy Policy

Infostarters reserves the right to make any and all necessary changes to this Policy at any time and for any reason. We will notify you of any changes and/or modifications to the Policy by updating the “Last Modified” date on this Policy, or when required, directly by asking for your consent. You are encouraged to periodically review this Policy to stay informed of updates. You shall be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policy by your continued use of Infostarters services after the date such revised Policy is posted, except in cases where your explicit consent is required.

10. Warranties and Liability

Infostarters hereby disclaims all warranties. The company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of or inability to use, the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted, timely, virus or error-free, or that data displayed by the services will be accurate or reliable.

Likewise, Infostarters’ liability to you is limited. To the maximum extent permitted by law, in no event shall the company, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or services of company. You hereby agree that company’s liability to you will not exceed any fees paid by you to the company for the service. This limitation shall apply regardless of whether the damages arise out of breach of contract or any other legal theory or form of action.

11. Terms of Service

By using Infostarters and signing up as a Client, you agree to be legally bound by these Terms of Service, including those terms incorporated by reference. Please read the following carefully. If you do not accept these Terms of Service, you may not use our services. Infostarters may revise these terms at any time.

  • The Client can hire Us for one or more of our base services, the exact price of which is agreed only after we are provided the brief, and which can be renegotiated should the Client requirements change.
  • After the initial brief, the Client has the right to ONE FREE revision before the delivery of the final product. Additional changes will be charged separately and calculated based on an hour's work fee. The price of an hour depends on the type of project, and the Client will be informed about the cost before we proceed with the work on your project.
  • Deadlines are usually agreed upon on an individual project basis, but if no special terms are arranged, the Client will receive the first design within 5 days from the moment the brief is delivered.
  • If at any time between the brief delivery and project finalization the Client becomes unresponsive and impossible to reach, we may suspend the project until we receive your confirmation of intent. In these cases, we cannot be held accountable for the deadlines that were previously agreed upon.
  • Payment is conducted upon project completion unless otherwise agreed beforehand.

The Client will have the right to see the watermarked design for approval presented on our platform.

After the Client accepts the final design, payment is conducted before the delivery of the final project.

  • Final project delivery is a standardized file package that contains all the necessary digital formats the Client will use for their future reproduction and distribution in print and digital media.

11.1 Artwork Ownership

Once the payment is made, ownership (copyright and title) of the final artwork becomes the property of the Client. Normally, we reserve the right to use the final product or design elements from its development in our Portfolio and other pages on our website, but we would be ready to waive this right should you explicitly demand it. Regardless of our agreement regarding the final product, we retain the copyright to all concepts, comprehensives, or other preliminary materials which are not selected by the Client or are not included in the final delivery.

11.2 Termination

Infostarters reserves the right to terminate the service if the Client is unresponsive, uncooperative, or fails to comply with the stipulated Terms of Service in any way we find detrimental to the successful completion of the project.

Should you require any additional information, or wish to find out how any of our terms would apply to your particular case, feel free to contact us.

12. Contact

If you have any questions about this Privacy Policy or Terms of Service, you can contact us by email at master@infostarters.com

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