Terms of service
- Terms of Service
- Business Agreement
- Pricing Terms
- Acceptable Use
- Data Processing Agreement
Datamolino Terms of Service
Last Modified: November 18, 2020
Thank you for using Datamolino! These terms of service (the “Terms”) govern your access to and use of Datamolino (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document, you are bound by these Terms when using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Datamolino and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. Datamolino may sub-contract or assign the provision of any and all of the Services. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.
Your Data & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to Datamolino (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we either directly or through our subcontractors redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Datamolino has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing Your Data
The Services provide features that allow you to share your data with others. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. Datamolino has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Datamolino, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Datamolino, are responsible for maintaining and protecting all of your data. Datamolino will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you do not have the legal capacity to enter into contracts. By agreeing to these Terms, you are representing to us that you have full legal capacity to enter into contracts and that your capacity is not limited by age or any form of judicial or administrative restriction.
Your Datamolino account
You must provide us accurate information when you create your Datamolino account. Your Datamolino account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Datamolino with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Datamolino of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Datamolino, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
Some use of our Service may require you to download a client software package (“Software”). Datamolino hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
Datamolino Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other applicable laws of both the Slovak Republic and foreign countries. These Terms do not grant you any rights to use the Datamolino trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Datamolino Acceptable Use Policy.
Datamolino respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
811 03 Bratislava
The Services may contain links to third-party websites or resources. Datamolino does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Datamolino is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Datamolino will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATAMOLINO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT DATAMOLINO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF EUR 20 OR THE AMOUNTS PAID BY YOU TO DATAMOLINO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Limitations on Use of Services.
Datamolino may impose reasonable limitations on bandwidth usage for the Services. You acknowledge and agree that Datamolino may suspend or discontinue, without prior notice to you and at the sole discretion of Datamolino, some or all of its Services, making the Services unavailable to you or other users. If Datamolino deems it necessary to discontinue the services it provides due to the highly unlikely event of Datamolino’s closure, you will receive at least 7 days notice before your account is closed.
You acknowledge and agree that if Datamolino disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.
Datamolino has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that Datamolino can set these limits at any time, at Datamolino’s sole discretion. Datamolino may remove any data or user accounts at any time and for any reason at the sole discretion of Datamolino.
You acknowledge and agree that Datamolino is not an accounting service and, whilst we strive to attain extremely high levels of accuracy, we cannot guarantee the accuracy or correctness of the information extracted from your documents. You agree that you will check the accuracy and correctness of the data entered by Datamolino before using this data.
You acknowledge that Datamolino makes no guarantee whatsoever regarding processing time, though the entire process usually takes under 3 business days. If you send in illegible invoices or receipts they may not be processed correctly into your Datamolino account. You recognize that all invoices and receipts may not be entered correctly into your account, and that Datamolino does not guarantee proper tagging or data entry on any invoices or receipts.
Datamolino does not guarantee the accuracy of automatically processed information. Some states do not allow some types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE LAW OF THE SLOVAK REPUBLIC, EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE STATE COURTS OF THE SLOVAK REPUBLIC, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Datamolino with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Datamolino’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Datamolino may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Datamolino and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Last Modified: May 22, 2018
Datamolino s.r.o. (“us”, “we”, or “our”) operates the domain datamolino.com and all its subdomains (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the datamolino.com and dtmln.com website and its subdomains operated by Datamolino s.r.o.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
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).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies.We use Session Cookies to operate our Service.
- Preference Cookies.We use Preference Cookies to remember your preferences and various settings.
- Security Cookies.We use Security Cookies for security purposes.
Use of Data
Datamolino s.r.o. uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Datamolino s.r.o. may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Datamolino s.r.o. 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.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
When we share data, it may be transferred to, and processed in, countries other than the country you live in. These countries may have laws different to what you’re used to. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Datamolino s.r.o. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Datamolino s.r.o. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Datamolino s.r.o.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We support Do Not Track (“DNT”) where possible. Some third party services that we use to track website usage and manage our digital advertising to not support DNT. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Datamolino s.r.o. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you.Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification.You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object.You have the right to object to our processing of your Personal Data.
The right of restriction.You have the right to request that we restrict the processing of your personal information.
The right to data portability.You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent.You also have the right to withdraw your consent at any time where Datamolino s.r.o. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
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 to monitor and analyze the use of our Service.
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.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://www.google.com/intl/en/policies/privacy/
Mixpanel is provided by Mixpanel Inc
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout– for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://www.google.com/intl/en/policies/privacy/
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal or Braintree
incorporated and registered in England with company number 11752182 whose registered office is at 92 Campden Hill Road, London, England, W8 7TH. Crezco is regulated by the Financial Conduct Authority (the “FCA”) as Authorised Payment Institution with the Firm Reference Number 925173.
We use CREZCO as a Payment Initiation Service Provider to allow users to pay their suppliers. This means we share relevant account data and bank account details necessary to initiate the payment with your banking provider using Open Banking APIs.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: firstname.lastname@example.org
Datamolino for Business Agreement
Last Modified: May 22, 2018
This Datamolino for Business Agreement (the “Agreement”) is between Datamolino s.r.o., a limited liability company organised under the laws of the Slovak Republic, with its registered seat at Zochova 6-8, 81103 Bratislava, the Slovak Republic, Company ID No. 47 327 961, registered in the Commercial Registry of District Court Bratislava I, section Sro, entry No. 91128/B (“Datamolino”) and Customer or End User, as applicable. This Agreement governs access to and use of the Datamolino for Business services and any client software (the “Services” or “Datamolino for Business”).
The Customer ordering the Services: If you are ordering the Services, then by clicking “I Agree,” signing your contract for the Services or using Datamolino for Business, you agree to this Agreement as a „Customer“. If you are agreeing to this Agreement for use by an organization, you are agreeing to this Agreement on behalf of that organization. You must have the authority to bind that organization to this Agreement, otherwise you must not sign up for the Services.
End Users: If you are using the Services as an “End User”, then by clicking “I Agree” or using Datamolino for Business you agree to this Agreement (especially note sections 1 and 13) and the Datamolino Terms of Service. To the extent this Agreement conflicts with the Datamolino Terms of Service, this Agreement controls. Please take note that in this Agreement, you are agreeing that your Administrator may be able to control account information and access to your Datamolino for Business account.
1. End Users.
Accounts. When joining a Datamolino for Business account, an End User may join with a new account or convert an existing personal account into a Datamolino for Business account. It’s important to note that once an End User’s personal account becomes a Datamolino for Business account, it will be subject to the Administrator’s control. End Users must use the Services in compliance with any employment obligations and the Customer’s terms and policies. You must provide us accurate information when you create your account. Your Datamolino account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Datamolino with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
Administrator Control. An End User’s Administrator may have the ability to access, disclose, restrict, or remove information in or from an End User’s Datamolino for Business account. Administrators may also have the ability to monitor, restrict, or terminate access to an End User’s Datamolino for Business account. An End User may not be able to disassociate his or her Datamolino for Business account from the organization.
2. Customer Obligations.
Customer Administration of the Services. Customer may specify End Users as “Administrators” through the administrative console. Customer is responsible for: (i) maintaining the confidentiality of passwords and Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrator use of the Services complies with this Agreement. Datamolino’s responsibilities do not extend to the internal management or administration of the Services for Customer.
Unauthorized Use & Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of the Services. The Services are not intended for use by End Users that do not have a full legal capacity to enter into contracts, or whose legal capacity is limited by age or any form of judicial or administrative restriction. Customer will ensure that it does not allow any person that does not have a full legal capacity to enter into contracts, or whose legal capacity is limited by age or any form of judicial or administrative restriction, to use the Services. Customer will promptly notify Datamolino of any unauthorized use of, or access to, the Services.
Restricted Uses. Customer will not (i) sell, resell, or lease the Services or (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury. Customer, not Datamolino, is responsible for any applicable vertical or industry-specific regulation compliance.
Third Party Requests.
“Third Party Request” means a request from a third party for records relating to an End User’s use of the Services including information in or from an End User or Customer Datamolino for Business account. Third Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users permitting a disclosure.
Customer is responsible for responding to Third Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third Party Requests and will contact Datamolino only if it cannot obtain such information despite diligent efforts.
Datamolino will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Datamolino’s receipt of a Third Party Request; (B) comply with Customer’s commercially reasonable requests regarding its efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Datamolino may, but will not be obligated to do so.
Communication Setting Management. Customer is responsible for maintaining all “opt-in/out” settings for communications from or via Datamolino for all of Customer’s End Users. Customer will use reasonable efforts to answer any requests from End Users regarding such settings.
Provision of Services. Customer may access and use the Services made available by Datamolino under this Agreement.
Facilities and Data Transfer. Datamolino will use commercially reasonable efforts to ensure that all facilities used to store and process Customer Data meet commercially reasonable security standards. By using the Services, Customer consents to transfer, processing, and storage of Customer Data. “Customer Data” means any data and content stored or transmitted via the Services by Customer or End Users.
Modifications to the Services. Datamolino may update the Services from time to time. If Datamolino changes the Services in a manner that materially reduces their functionality, Datamolino will inform Customer, unless Customer has opted-out of communications of that type from Datamolino.
Assignment of Services. Datamolino may sub-contract or assign the provision of any and all of the Services. By agreeing to this Agreement, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.
Limitations on Use of Services. Datamolino may impose reasonable limitations on bandwidth usage for the Services. You acknowledge and agree that Datamolino may suspend or discontinue, without prior notice to you and at the sole discretion of Datamolino, some or all of its Services, making the Services unavailable to you or other users. If Datamolino deems it necessary to discontinue the services it provides due to the highly unlikely event of Datamolino’s closure, you will receive at least 7 days notice before your account is closed. You are not required to inform Datamolino if you stop using the Services, and may stop using the Services at any time.
You acknowledge and agree that if Datamolino disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.
Datamolino has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that Datamolino can set these limits at any time, at Datamolino’s sole discretion.
Datamolino may remove any data or user accounts at any time and for any reason at the sole discretion of Datamolino.
You acknowledge and agree that Datamolino is not an accounting service and, whilst we strive to attain extremely high levels of accuracy, we cannot guarantee the accuracy or correctness of the information extracted from your documents. You agree that you will check the accuracy and correctness of the data entered by Datamolino before using this data.
You acknowledge that Datamolino makes no guarantee whatsoever regarding processing time, though the entire process usually takes under 5 business days. If you send in illegible invoices or receipts they may not be processed correctly into your Datamolino account. You recognize that all invoices and receipts may not be entered correctly into your account, and that Datamolino does not guarantee proper tagging or data entry on any invoices or receipts.
Datamolino does not guarantee the accuracy of automatically processed information.
Customer will, at its own expense, respond to questions and complaints from End Users or third parties relating to use of the Services. Customer will use reasonable efforts to resolve support issues before escalating them to Datamolino.
Of End User Accounts by Datamolino. If an End User (i) violates this Agreement or the Datamolino Terms of Service; (ii) uses the Services in a manner resulting in excessive support requests; or (iii) uses the Services in a manner that Datamolino reasonably believes will cause it liability, then Datamolino may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then Datamolino may do so.
Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then Datamolino may automatically suspend use of the Services. Datamolino will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency. “Security Emergency” means: (i) use of the Services that do or could disrupt the Services, other customers’ use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third party access to the Services.
6. Intellectual Property Rights.
Reservation of Rights. THIS AGREEMENT DOES NOT GRANT DATAMOLINO ANY RIGHTS TO CUSTOMER’S OR END USERS’ FILES OR THE INTELLECTUAL PROPERTY RIGHTS EMBODIED IN THOSE FILES EXCEPT FOR THE LIMITED RIGHTS EXPRESSLY SET FORTH IN THIS AGREEMENT THAT ARE NEEDED TO RUN THE SERVICES. This Agreement does not grant Customer or End Users (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the Datamolino trademarks, logos, domain names, or other brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
Limited Permission. Datamolino may need Customer permission to do things that Customer or End User ask Datamolino to do with Datamolino for Business accounts, for example, hosting files, or sharing them at Customer or End User’s direction. This includes product features visible to Customer or End User, for example, image thumbnails or document previews. It also includes design choices made to technically administer the Services, for example, how the Service redundantly backs up data to keep it safe. Customer grants Datamolino the permissions Datamolino needs to do those things solely to provide the Services and for Datamolino to meet its obligations and exercise its rights under this Agreement. This permission also extends to third parties Datamolino works with to provide the Services, for example Amazon, which provides Datamolino’s storage space (again, only to provide the Services).
Suggestions. While we appreciate it when users send us feedback, we may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions Customer or End Users send Datamolino or post in Datamolino’s forums without any obligation to Customer or End Users.
Customer List. Datamolino may include Customer’s name in a list of Datamolino customers on the Datamolino website.
7. Third Party Services.
If Customer uses any third-party service with the Services, (a) the service may access or use Customer’s or End User’s information; (b) Datamolino will not be responsible for any act or omission of the third party, including the third party’s use of Customer’s or End User’s information; and (c) Datamolino does not warrant or support any service provided by the third party.
THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER DATAMOLINO NOR CUSTOMER MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. DATAMOLINO MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION IN OR FROM AN END USER OR CUSTOMER SERVICES ACCOUNT. Datamolino is not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information in or from an End User or Customer Services account. Datamolino has no responsibility or liability for the deletion or failure to store any information in or from an End User or Customer Services account.
9. Fees & Payment.
Fees. Customer will pay, and authorizes Datamolino to charge using Customer’s selected payment method, for all applicable fees. If Customer enrolls in the annual billing plan, fees are refundable within the first 30 days of the Services. Otherwise, fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to Datamolino. Datamolino may suspend or terminate the Services if fees are 30 days past due.
Auto Renewals and Trials. IF CUSTOMER’S ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, DATAMOLINO MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS CUSTOMER NOTIFIES DATAMOLINO THAT CUSTOMER WANTS TO CANCEL OR DISABLE AUTO RENEWAL. Datamolino may revise Service rates by providing Customer at least 30 days notice prior to the next charge.
Taxes. Customer is responsible for all taxes. Datamolino will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Datamolino with an official tax receipt or other appropriate documentation.
10. Term & Termination.
Term. This Agreement will remain in effect until Customer’s subscription to the Services expires or terminates, or until the Agreement is terminated.
Termination for Breach. Either Datamolino or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
Termination at Will. Customer may terminate this Agreement at any time by disabling Customer’s Services account via the Services administrative console.
End User Termination. End Users may stop using the Services at any time. If an End User’s Datamolino for Business account is converted into a personal account, this Agreement will terminate for that account with respect to the End User except that the Datamolino Terms of Service will continue to apply.
Effects of Termination. If this Agreement terminates: (i) the rights granted by Datamolino to Customer will cease immediately (except as set forth in this section); (ii) the rights granted by Datamolino to End User will cease immediately; (iii) Datamolino may provide Customer access to its account at then-current rates so that Customer may export its information; and (iv) after a commercially reasonable period of time, Datamolino may delete any data relating to Customer’s account. The following sections will survive expiration or termination of this Agreement: 1(c) (Administrator Control), 2(e) (Third Party Requests), 6 (Intellectual Property Rights), 8 (Disclaimers), 9 (Fees & Payment), 10(d) (End User Termination), 10(e) (Effects of Termination), 11 (Indemnification), 12 (Limitation of Liability), and 13 (Miscellaneous).
By Customer. Customer will indemnify, defend, and hold harmless Datamolino from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding: (i) Customer Data; (ii) Customer’s use of the Services in violation of this Agreement or Acceptable Use Policy; or (iii) use of the Services by Customer’s End Users.
By Datamolino. Datamolino will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a claim by a third party against Customer to the extent based on an allegation that Datamolino’s technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent, or trademark right of the third party. In no event will Datamolino have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials not furnished by Datamolino, and (ii) any content, information, or data provided by Customer, End Users or other third parties.
Possible Infringement. If Datamolino believes the Services infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Datamolino may: (i) obtain the right for Customer, at Datamolino’s expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Datamolino does not believe the options described in this section are commercially reasonable then Datamolino may suspend or terminate Customer’s use of the impacted Services (with a pro- rata refund of pre-paid fees for the Services).
General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE DATAMOLINO AND CUSTOMER’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
12. Limitation of Liability.
Limitation on Indirect Liability. EXCEPT FOR DATAMOLINO OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER DATAMOLINO NOR CUSTOMER WILL BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
Limitation on Amount of Liability. DATAMOLINO’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF EUR 100,000 OR THE AMOUNT PAID BY CUSTOMER TO DATAMOLINO HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Terms Modification. Datamolino may revise this Agreement from time to time and the most current version will always be posted on the Datamolino website. If a revision, in Datamolino’s sole discretion, is material, Datamolino will notify you (for example to the email address associated with the applicable account). Other revisions may be posted to Datamolino’s blog or terms page, and you are responsible for checking such postings regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may cancel the Services. If the revision is material and Customer cancels before the effective date of the revision, Datamolino will refund a pro-rated amount of any fees Customer paid in advance for the Services for the unused portion of the term. If End User does not agree to the revised Agreement terms, End User must stop using the Datamolino for Business account. Customer may grant approvals, permissions, extensions and consents by email.
Entire Agreement. The Agreement, including Customer’s invoice, the Datamolino Terms of Service constitute the entire agreement between you and Datamolino with respect to its subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Agreement, the Datamolino Terms of Service.
Governing Law. THE AGREEMENT AND SERVICES WILL BE GOVERNED BY THE LAW OF THE SLOVAK REPUBLIC EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF THE SLOVAK REPUBLIC, AND THE PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
Severability. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect.
Notice. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to you may also be sent to the applicable account email address, and are deemed given when sent. Notices to Datamolino must be sent to Datamolino s.r.o., Zochova 6-8, 81103 Bratislava.
Waiver. A waiver of any default is not a waiver of any subsequent default.
Assignment. Customer may not assign or transfer any part of this Agreement without the written consent of Datamolino. Datamolino may not assign this Agreement without providing notice to Customer, except Datamolino may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
No Agency. Datamolino and Customer are not legal partners or agents, but are independent contractors.
Force Majeure. Neither Datamolino nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer’s End Users are not third party beneficiaries to Customer’s rights under this Agreement.
Export Restrictions. The export and re-export of data via the Services may be controlled by the relevant government authority. The Services may not be used in certain countries that are subject to an embargo by the relevant government and Customer must ensure that Administrators and End Users do not use the Services in violation of any export restriction or embargo by their respective governments. In addition, Customer must ensure that the Services are not provided to persons to which such services may not be provided based on the legislation by which the Customer is bound.
Pricing Terms and Conditions
Last Modified: Oct. 4, 2018
Datamolino offers you the option of using the Datamolino for Business account for the range of services defined at Datamolino’s website. By doing so, your account will be converted to a Premium Account and will not be subject to some of the restrictions placed on Free Accounts as described below.
Datamolino accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Datamolino for Business Account you select. If any fee is not paid in a timely manner, or Datamolino is unable to process your transaction using the credit card information provided, Datamolino reserves the right to revoke access to your Datamolino account and Files. If you do not bring your Datamolino balance current within five (5) days after Datamolino provides you with notification that your account is in arrears, Datamolino reserves the right to use our discretion to delete some or all of Your Files, and to convert your Datamolino for Business Account to a Free Account (which is subject to the restrictions described below).
The fees for your Datamolino for Business Account will be billed monthly or annually from the date you elect, or convert to, a Datamolino for Business Account, unless and until you cancel your account. Click on the link on your “Account” page to see the commencement date for your next renewal period. Datamolino will automatically bill your credit card at the end of each month or year on the calendar day corresponding to the end of the month when you’ve commenced to use your Datamolino for Business Account. In the event your Datamolino for Business Account billing cycle ended on a day not contained in a given month or year, Datamolino will bill your credit card on the last day of such month or year. For example, if your Datamolino for Business Account monthly billing cycle ended on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include differing amounts of documents processed on top of your selected plan, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Datamolino may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade your Datamolino for Business Account to a different level of service, the commencement date of your plan will not change, we will only apply the upgraded level of service retroactivally for your benefit. For example, if you begin your monthly billed Datamolino for Business Account on February 15th, your next payment would be due on March 15th. On March 22, you upgrade your Datamolino for Business Account to a higher level of service (upgrade) and pay the new amount associated with the upgraded Premium Account you have selected at the end of the next running billing cycle – i.e. on April 15.
Datamolino may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account” page. If your credit card reaches its expiration date, your continued use of the Datamolino constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
In the absence of any pre-payment options being available on the Datamolino website, Datamolino reserves the right to bill its Services on a regular basis (e.g. monthly) for the Services that Datamolino has provided.
Cancelling Your Account
Your Datamolino for Business Account will continue in effect unless and until you cancel your Datamolino for Business Account or we terminate it. You must cancel your Datamolino for Business Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Datamolino will bill the monthly or yearly fees associated with your Datamolino for Business Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Datamolino for Business Accounts are post-paid and are non-refundable. DATAMOLINO DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Datamolino for Business Account at anytime, and cancellation will be effective as of the date your running billing cycle ends. For example, if your billing cycle starts on March 15 and you cancel your Datamolino for Business Account on March 19, your cancellation will be effective on April 15. If you wish to cancel your Datamolino for Business Account you may do so via your “Account” page. Should you elect to cancel your Datamolino for Business Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees and you will still be charged a fee for the billing cycle during which you have canceled your Datamolino for Business Account.
By signing up for a Datamolino for Business Account and providing Datamolino with your payment account information, you hereby agree to these payment terms and conditions.
Datamolino allows you to use a Datamolino account with limited service offering free of charge. Datamolino reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then Datamolino may delete any or all of Your Files without providing additional notice.
For further information regarding your Datamolino for Business or Free Account, please see the Datamolino Terms of Service.
We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you store using Datamolino.
We encrypt the files that you store on Datamolino using the AES-256 standard, which is the same encryption standard used by banks to secure customer data. Encryption for storage is applied after files are uploaded, and we manage the encryption keys.
Datamolino uses Amazon S3 for data storage. Amazon stores data over several large-scale data centers. According to Amazon, they use military grade perimeter control berms, video surveillance, and professional security staff to keep their data centers physically secure.
You can find more information about Amazon’s security at the Amazon Web Services’ website.
Amazon and Datamolino also employ significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.
Your files are sent between Datamolino’s desktop clients and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.
Your files are sent between Datamolino’s mobile apps and our servers over a secure channel using 256-bit SSL encryption where supported.
Your Data is Backed Up
Datamolino and Amazon keep redundant backups of all data over multiple locations to prevent the remote possibility of data loss.
We guard your privacy to the best of our ability and work hard to protect your information from unauthorized access.
If you choose to access Datamolino using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you shouldn’t use them to access Datamolino. For example, third-party apps might not employ encryption when transmitting data, might collect information that Datamolino does not, and might use information differently than Datamolino does.
Compliance with Laws and Law Enforcement
I think I’ve found a security exploit. Where do I report security concerns?
We take a number of measures to ensure that the data you store on Datamolino is safe and secure. While we’re very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning Datamolino’s services or software. For a direct line to our security experts, report security issues to email@example.com.
We’ll fully credit anybody whose reports lead to the improvement of Datamolino security. A list of those who have contributed reports leading to a bug or security issue can be found on our special thanks page.
Datamolino Acceptable Use Policy
Datamolino is used by many customers, and we are proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the Datamolino services. For example, you must not, and must not attempt to, use the services to do the following things.
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Datamolino (or our service providers’) computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- abuse Datamolino referrals to get more credit for referrals than deserved;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others.
A fair use policy applies also if, in the reasonable opinion of Datamolino, your use of documents upload is excessive, we may ask you to reduce your usage or temporarily limit the service for you. If you fail to reduce your usage, we reserve the right to block your account and/or extract data from your documents with delay.
GDPR Data Processing Agreement
Last Modified: May 22, 2018
This GDPR Data Processing Agreement (DPA) forms part of the Terms of Service available at https://www.datamolino.com/terms-of-service or such other location as the Terms of Service may be posted from time to time, entered into by and between the Customer and Datamolino s.r.o. (Datamolino), pursuant to which Customer has accessed Datamolino’s Services as defined in the applicable Terms of Service. The purpose of this DPA is to reflect the parties’ agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.
If the Customer entity entering into this DPA is not party to the Terms of Service, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement executes this DPA.
This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Customer and referenced in the Terms of Service, and any such individually negotiated agreement or addendum shall apply instead of this DPA.
In the course of providing the Services to Customer pursuant to the Terms of Service, Datamolino may process personal data on behalf of Customer. Datamolino agrees to comply with the following provisions with respect to any personal data submitted by or for Customer to the Services or collected and processed by or for Customer through the Services. Any capitalized but undefined terms herein shall have the meaning set forth in the Terms of Service.
Data Processing Terms
In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.
“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation;
The parties agree that Customer is the data controller and that Datamolino is its data processor in relation to personal data that is processed in the course of providing the Services. Customer shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Datamolino pursuant to the Terms of Service.
The subject-matter of the data processing covered by this DPA is the Services ordered by Customer through Datamolino’s website and provided by Datamolino to Customer via www.datamolino.com or app.datamolino.com, or as additionally described in the Terms of Service or the DPA. The processing will be carried out until the term of Customer’s ordering of the Services ceases. Further details of the data processing are set out in Annex 1 hereto.
In respect of personal data processed in the course of providing the Services, Datamolino:
- shall process the personal data only in accordance with the documented instructions from Customer (as set out in this DPA or the Terms of Service or as otherwise notified by Customer to Datamolino (from time to time). If Datamolino is required to process the personal data for any other purpose provided by applicable law to which it is subject, Datamolino will inform Customer of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
- shall notify Customer without undue delay if, in Datamolino’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;
- shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected;
- may hire other companies to provide limited services on its behalf, provided that Datamolino complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Datamolino has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Datamolino remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Datamolino transfers personal data will have entered into written agreements with Datamolino requiring that the subcontractor abide by terms substantially similar to this DPA. A list of subcontractors is available to the Customer below in Annex 2. If Customer requires prior notification of any updates to the list of subprocessors, Customer can request such notification in writing by emailing firstname.lastname@example.org. Datamolino will update the list within thirty (30) days of any such notification if Customer does not legitimately object within that timeframe. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Datamolino’s reasonable opinion, such objections are legitimate, the Customer may, by providing written notice to Datamolino, terminate the Terms of Service.
- shall ensure that all Datamolino personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause;
- at the Customer’s request and cost (and insofar as is possible), shall assist the Customer by implementing appropriate and reasonable technical and organisational measures to assist with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Datamolino reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Datamolino reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- at the end of the applicable term of the Services, upon Customer’s request, shall securely destroy or return such personal data to Customer;
- may transfer personal data from the EEA to a service provder outside the EEA provided that Datamolino maintains safeguards in place to ensure the personal data remain protected;
- shall allow Customer and its respective auditors or authorized agents to conduct audits or inspections during the term of the Terms of Service, which shall include providing reasonable access to the premises, resources and personnel used by Datamolino in connection with the provision of the Services, and provide all reasonable assistance in order to assist Customer in exercising its audit rights under this Clause. The purposes of an audit pursuant to this Clause include to verify that Datamolino is processing personal data in accordance with its obligations under the DPA and applicable Data Protection Legislation. Notwithstanding the foregoing, such audit shall consist solely of: (i) the provision by Datamolino of written information (including, without limitation, questionnaires and information about security policies) that may include information relating to subcontractors; and (ii) interviews with Datamolino’s IT personnel.Such audit may be carried out by Customer or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality. For the avoidance of doubt no access to any part of Datamolino’s IT system, data hosting sites or centers, or infrastructure will be permitted;
- If Datamolino becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Datamolino in the course of providing the Services (an “Incident”) under the Terms of Service it shall without undue delay notify Customer and provide Customer (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer content. Datamolino shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
- Datamolino shall provide information requested by Customer to demonstrate compliance with the obligations set out in this DPA.
Details of the Data Processing
Datamolino shall process information to provide the Services pursuant to the Terms of Service. Datamolino shall process information sent by Customer’s end users identified through Customer’s implementation of the Services. As an example, in a standard programmatic implementation, to utilize the Services, Customer may allow the following information to be sent by default as “default properties:”
Types of Personal Data
When it comes to users of our Service:
- phone number
When it comes to the files that users of our Service submit to us, we process the following data, some of which may be considered as personal data:
- IP address used during login to our Service
- Invoice Supplier and Customer data in the extent of: name, supplier id, tax id, vat id, bank account details, street, city, postal code, country.
- Invoice contents in the extent of: full invoice text, invoice description, invoice line items, invoice number, SEPA reference, variable symbol, specific symbol, issue date, tax date, due date. currency, currency rate, invoice quantities, sums and applicable taxes.
- Metadata connected to file uploads in the extent of: who uploaded the file, what file was uploaded, which channel was used to upload the file (web, email, api, mobile app), email address of the user that uploaded files to our service.
Additional detail regarding what information Customer may send to Datamolino can be found in the Terms of Service.
Categories of Data Subjects
Users of the Customer’s services.
The provision of Services by Datamolino to Customer. Customer support and advertising of services to Datamolino users and Customers.
The subcontractors and subprocessors of Datamolino
Intercom – to provide customer support and chat and to send certain marketing and support emails, United States
DoubleClick by Google – to help manage our digital marketing activities, United States
Google AdWords Conversion – to see if our ad campaigns are effective, United States
Facebook Custom Audience – to provide relevant advertisements, United States
Facebook Connect – social media, United States
Google Dynamic Remarketing – to provide relevant advertisements, United States
Google AdWords User Lists – to provide relevant advertisements, United States
Google Analytics – to analyse the use of our site and improve it, United States
Hotjar – to see how users interact with our marketing site, United States
Linkedin – to help manage our digital marketing activities, United States
Mixpanel – to analyse user actions on our site and services that we provide, United States
Segment – to provide deeper usage analytics of our site and services that we provide, United States
IP Mappers – to provide you with our contact information relevant to your geolocation, United States
GA Audiences – to analyse traffic to our site, United States
AppSignal – to monitor technical performance of our site and services, Netherlands
This notice talks about the cookies and similar tracking technologies that we use across the websites we operate and all the services we provide to you.
What cookies/tracking technologies do we use?
A cookie is a small text file that’s placed on your computer or mobile device when you visit one of our websites. Some are persistent cookies (cookies that remain on your hard drive for an extended period of time) and some are session ID cookies (cookies that expire when you close your browser).
We also use other tracking technologies like tracking pixels (for example Facebook pixel). These are small graphics files that contain a unique identifier that enable us to recognise when someone has visited our websites or opened an email that we have sent them.
Cookies help us keep you logged in to our service, target advertisements, analyse site usage of our site and improve user experience.
Some cookies are third party cookies (such as Google and Facebook cookies) which help us deliver targeted advertising. They enable us to use advertising networks to manage our advertising on other websites. Other third party cookies allow us to use site analytics and improve user experience.
The Following Cookies are Used in the Site:
Below is a list of cookies that we use on our websites and services. The types of cookies we use are always changing. Check back regularly to make sure you stay up to date. If you think we’ve missed a cookie, please let us know.
Datamolino – these are technical cookies necessary to run the app.datamolino.com site and keep track of your session
Google Tag Manager – this controls some scripts that we deploy to the site. Disabling GTM may break the site for you.
DoubleClick by Google – to help manage our digital marketing activities
Google AdWords Conversion –to see if our ad campaigns are effective
Facebook Custom Audience – to provide relevant advertisements
Facebook Connect – social media
Google Dynamic Remarketing – to provide relevant advertisements
Google AdWords User Lists – to provide relevant advertisements
Intercom – to provide you with helpful customer support chat
Google Analytics – to analyse the use of our site and improve it
Hotjar – to see how users interact with our marketing site
Mixpanel – to analyse user actions on our site and services that we provide
Segment – to provide deeper usage analytics of our site and services that we provide
IP Mappers – to provide you with our contact information relevant to your geolocation
GA Audiences – to analyse traffic to our site
NewRelic – to monitor technical performance of our site and services
AppSignal – to monitor technical performance of our site and services
Advocately – to ask you about how satisfied you are with our service
How can you control cookies?
You can set your browser to „Do Not Track“ this indicates that you do not want to be tracked. We respect this user setting where possible. (The following services respect the Do Not Track browser setting: Hotjar)
You can also use plugins such as Ghostery to control which trackers are allowed in your browser. Please not that some cookies are necessary for us to run the service and blocking all cookies from Datamolino may break the site.
Mixpanel – you can opt out of tracking here: https://mixpanel.com/optout/ Please note, that we will not be able to provide you with customer support in some cases if you opted out of tracking.
To opt-out of Google Analytics, you can use official Google Add-on https://tools.google.com/dlpage/gaoptout
You can manage your cookie settings by following your browser’s instructions. Here are some links that might be of assistance:
- Google Chrome
- Microsoft Internet Explorer
- Mozilla Firefox