VERSION DATE: 27 October 2018
We have updated our Terms of Service. These Terms will be effective from November 1, 2018.
Summary of changes
27 October 2018
3.2.7 Added 'query, trace' as use cases and included 'others personal data' to make it clearer.
3.2.8 Included 'intermediary data processors'.
20 May 2018
We have updated our terms to reflect the requirements of the European data protection law known as the General Data Protection Regulation (GDPR).
We have clarified and extended the Terms of Service.
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These Terms of service (the "Agreement") is made between PCommerce E-handel AB ("We", "PandaCommerce") and You as a User of our services ("You", "User"), either as a person or representative of an entity or organisation.
PandaCommerce develops online services related to e-commerce ("Service") enabling users to publish and manage web shops and conduct online/internet sales of goods and services to consumers ("Customer").
By signing up for the PandaCommerce Service, You agree to be bound by the following terms and conditions.
PLEASE READ CAREFULLY. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO OUR TERMS AND CONDITIONS BELOW. YOU ARE ADVISED TO CHECK THE TERMS OF THIS SERVICE AGREEMENT FROM TIME TO TIME.
1 General conditions
1.1 We reserve our right to update and change the terms and conditions of the Agreement at any time by making it available on our public site or by notifying You directly. You will be deemed to have agreed to such changes through Your continued use of the Service.
1.2 We reserve the right to modify and update the Service for any reason at any time without prior notice. We update our Service continuously with enhancements, fixes, and new functionality. Although we strive never to make changes that are not backward compatible, it's Your responsibility to ensure that Your use of the Service is compliant with any new or enhanced functionality.
1.3 You must comply with all applicable laws in connection with the Service, including laws related to data privacy, international communications, and the transmission of technical or personal data. You acknowledge that We exercise no control over the content of the information transmitted.
1.4 We reserve the right to suspend Your access to the Service at any time without prior notice if we have reason to believe that You are violating the Terms of Service.
1.5 The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services. We are not liable to you for any claims made by third parties towards you.
2 Service terms
2.1 During signup for the Service You must provide your real name with address and billing information.
2.2 When entering a Service subscription plan You will be charged for the Service and the Service period will automatically be renewed when the subscription period ends.
2.3 We might authorize and reserve the subscription amount for the Service up to three days prior to the subscription renewal to prevent an unnecessary service outage.
2.4 To terminate the Service subscription You remove the billing information from your account, and We will not charge you again for the subscribed Service. You can also contact email@example.com to terminate Your Service subscription.
2.5 You have the right to at any time and without prior notice terminate your Subscription and remove your content from the Service.
2.6 You are responsible for keeping your account passwords secure. We are not liable for any loss or damage from your failure to maintain the security of your User accounts.
2.7 You are responsible for all online activity and uploaded content related to your User account. Ownership of all content shall stay with You, or the third party having ownership to such content.
2.8 You hereby grant us a worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display and otherwise use the content to provide the Services on your behalf.
3 Data processing
The objective of personal data processing by PandaCommerce is for the performance of the Service.
3.1 Your personal data
Your personal data concerns information about You or the entity which You represent and the User accounts for your personnel.
3.1.1 PandaCommerce is the Data Controller of Your personal data.
3.1.2 Your personal data is used as reasonably necessary to provide You and your Customers a Service.
3.1.3 Your personal data is used for marketing and analytical purposes regarding the usage of the Service.
3.1.4 Your personal data is used for logging and auditing purposes concerning the security of the Service.
3.1.5 We will retain Your personal data during your Service subscription unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes. When the retainment period ends We will purge Your personal data through anonymization.
3.1.6 After anonymization of Your personal data We may use it for any purposes whatsoever.
3.2 Customer personal data
Your Customer personal data concerns information about your Customer.
3.2.1 PandaCommerce is Your data processor in respect of your Customer personal data.
We process Your Customer data, in accordance with and on Your behalf as reasonably necessary to deliver the Service to You and your Customers.
3.2.2 If PandaCommerce is required by law to process your Customer personal data for any other purpose, We will provide You with prior notice of this requirement, unless prohibited by law from providing such notice.
3.2.3 By default We will retain your Customer personal data until your Service subscription ends unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes. When the retainment period ends We will purge your Customer personal data through anonymization.
3.2.4 After anonymization of Your Customer personal data We may use it for any purposes whatsoever.
3.2.5 You may provide us with documented directives on how to process Your Customer personal data provided that the instructions are functionally compliant with the Service.
3.2.6 If You do not have the ability to correct, amend, block or delete Your or your Customer personal data yourself through the use of the Service, We shall comply with any commercially reasonable request to facilitate such actions to the extent We are legally permitted to do so.
3.2.7 If We receive a request from your Customer to correct, amend, block, query, trace or delete its own or others personal data, We shall not respond to any such request unless We have Your written consent to do so and We are legally permitted to do that. Any costs arising from pursuing such assistance is Your responsibility.
3.2.8 We shall provide You with commercially reasonable cooperation and assistance in the handling of a Customer request for the access of personal data, to the extent legally permitted if You do not have access to such Customer data yourself through the Service or intermediary data processors.
3.3 Data protection
3.3.1 PandaCommerce ensures that its personnel with access to Your personal data or your Customer personal data is limited to persons providing You services in accordance with this Agreement.
3.3.2 You may restrict access to Customer personal data yourself by using account roles for your personnel engaged with the administrative functions of the Service.
3.3.3 PandaCommerce ensures that its personnel engaged in the processing of personal data are well informed of the confidential nature of the data, have appropriate knowledge of the responsibilities and have written confidentiality agreements.
3.3.4 PandaCommerce shall implement and maintain appropriate technical and organizational measures to keep Your and your Customer data secure and protect it against unauthorized or unlawful processing and accidental loss, destruction or damage.
3.3.5 In the event of any detrimental change or security breach, PandaCommerce shall provide a notification to You with any necessary documentation or by publication on our website.
3.3.6 If You install or use a personal data sub-processor service in conjunction with our Service it's Your responsibility to make sure that the service is compliant with the European data protection legislation.
3.3.7 Personal data is stored within the European Economic Area. As part of providing the Service, this personal data may be transferred to other regions, including the United States. Such transfers will be completed in compliance with European data protection legislation.
3.3.8 You acknowledge and agree that We use data sub-processors to process personal data. Where our use of any specific sub-processor to process the personal data must comply with European data protection legislation and must be governed by a contract between PandaCommerce and Subprocessor.
3.3.9 You may at any time request for our usage of sub-processors, and We shall provide it to You.
PandaCommerce have appointed a data protection officer where data protection requirements require such appointment. The designated person may be reached at firstname.lastname@example.org.
The terms of this Agreement shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
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