Terms and Conditions
Last updated July 10, 2024
The EnsuranceOffer Terms and Conditions (“Terms”) is a legal
agreement includes claims related to our clients, vendors, and
Marketing Partners, which are third party beneficiaries of this
arbitration agreement, and using the Service, you are agreeing to
comply with and be bound by these Terms. Additionally, when using
the Website and the Service, you agree to abide by any applicable
posted guidelines for all of Company’s services, which may change
from time to time, and to comply with all applicable laws and
regulations. If you object to any of the terms or conditions of
these Terms, any guidelines, or any subsequent modifications
thereto or become dissatisfied with Company or the Website in any
way, you should immediately discontinue use of the Website. These
Terms (as may be modified by EnsuranceOffer from time to time)
will remain in full force and effect as long as you are a user of
the Website, and in the event of termination of any membership,
service, or feature, you will still be bound by your obligations
under these Terms, including any indemnifications, waivers,
warranties, and limitations of liability.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF
AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO
NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. It is your
responsibility to periodically review these Terms. Company
reserves the right, at any time, to change the Terms by publishing
notice of such changes on the Website. Any use of the Services by
you after Company’s publication of any such changes will
constitute your acceptance of these Terms, as modified. You agree
that Company is permitted to access and use any other information
provided by you to perform the Service and, if necessary, to
access such information to obtain contact information in order to
provide notifications relating to the Service provided to you by
the Company.
SERVICES
EnsuranceOffer provides users with a wide selection of pricing quotes for various goods and services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information (“Services”) provided by EnsuranceOffer, Inc.
TERMINATION
EnsuranceOffer may terminate a participant’s use of the Services and destroy any data within the Services if EnsuranceOffer deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that EnsuranceOffer may delete registration data and all related information as well as any data used by Third-Party Services. EnsuranceOffer may also prohibit the user’s further access to the Services, with or without prior notice.
DEALINGS WITH MERCHANTS
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. EnsuranceOffer is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, product, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. EnsuranceOffer’s Privacy Policy, is applicable only when you are on our Site. Once you link to another website, its Privacy Policy applies to any personal information you supply. Your transactions and other dealings with third party merchants or advertisers found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.
CONSENT TO FUTURE COMMUNICATIONS AND EMAIL OFFERS
When participants use the Services, they agree that EnsuranceOffer may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. EnsuranceOffer. may share participants’ information with third parties for marketing purposes, unless participants opt out, as described in the EnsuranceOffer Privacy Policy . Such communications from EnsuranceOffer may be transmitted to participants by (automatic) telephone calls, email offers, or any other method of communication. Please see the EnsuranceOffer Privacy Policy for information regarding EnsuranceOffer’s collection, use, and disclosure of this information. By using the Services, the participant accepts and agrees to the EnsuranceOffer Privacy Policy , which is incorporated herein by reference. Participant further acknowledges and agrees that any costs associated with receiving future marketing communications are the sole responsibility of participant.
REGISTRATION REQUIREMENTS
Participants attest that any personal information collected from the participants through the Services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If EnsuranceOffer determines in its sole discretion that the registered information is not accurate or complete, then EnsuranceOffer is entitled to delete the participant’s data and prohibit the participant’s further use of the Services.
YOUR REPRESENTATIONS AND WARRANTIES
By accessing or using the Services, you represent and warrant that:
- you are at least 18 years old
- you have not violated and will not violate these Terms
- you have not previously been suspended or removed from the Service
- you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement
- you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services’ intended purpose
NO COMMERCIAL USE
EnsuranceOffer is for personal use only. Organizations and
businesses may not become participants and should not use the
Services or EnsuranceOffer for any purpose. You hereby agree not
to reproduce, copy, sell, resell, or use the Services (or any part
of it) or access to the Services for commercial purposes.
Company grants each user a limited, revocable, non-exclusive
license to access the Site and Services in order to, as
applicable, view or make legitimate inquiries to us regarding our
Services, all in accordance with these Terms. Any other use of the
Site is expressly prohibited. This limited license does not
include any right of collection, aggregation, copying,
duplication, display or derivative use of the Site nor any right
of use of data mining, robots, spiders or similar data gathering
and extraction tools without our prior written permission;
provided, however, that a limited exception from the foregoing
exclusion is provided to general purpose Internet search engines
and non-commercial public archives that use tools to gather
information for the sole purpose of displaying hyperlinks to the
Site, provided that they each do so from a stable IP address or
range of IP addresses using an easily identifiable agent and
comply with our robots.txt file.
PROPRIETARY RIGHTS
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of EnsuranceOffer or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without the prior written consent of EnsuranceOffer. The data, data feeds, content, organization, graphics, designs, and other material featured on EnsuranceOffer or provided through the Services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to EnsuranceOffer. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without the prior written consent of EnsuranceOffer. All rights are reserved.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, EnsuranceOffer IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION. PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. EnsuranceOffer MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR EnsuranceOffer WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, EnsuranceOffer, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS. THIRD-PARTY SERVICES DISCLAIMER ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF EnsuranceOffer (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT EnsuranceOffer IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
LIMITATION OF LIABILITY
EnsuranceOffer WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES. THE MAXIMUM TOTAL LIABILITY OF EnsuranceOffer TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD). UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF EnsuranceOffer FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
USE OF EnsuranceOffer OR THE SERVICES OUTSIDE OF THE UNITED STATES
EnsuranceOffer and the Services are intended for use within the United States, if not explicitly stated within contest rules provided. International use can only be considered if such contest rules include use outside of the United States. As per the Registration Requirements listed in these Terms and Conditions, there are some states within the United States that are limited from participation. If participants from locations outside of the United States or within states and territories that are void of participation (see the Registration Requirements above), then those participants chose to participate in the Services or access any of the content on EnsuranceOffer or Third-Party Services at their own risk. Participants accept all risk associated with use of the Services and assume to comply with the laws and regulations within their own jurisdictions
ARBITRATION OF DISPUTES
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in New York, New York. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.
WAIVER OF CLASS ACTION RIGHTS
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
DMCA COMPLIANCE
The company is committed to full compliance with the Digital
Millennium Copyright Act of 1998, as amended (“DMCA”), at all
times and maintain a repeat offender policy which may result in
the termination of your right to use the Services if you violate
such policy. If you believe that your work has been copied, posted
or otherwise made available through the Services in a way that
constitutes copyright infringement, please notify our DMCA
Copyright Agent of your complaint, as set forth in the DMCA.
Please consult the DMCA to confirm these requirements. You must
provide our DMCA Copyright Agent with the following information in
writing, to the extent required by the DMCA: (a) an electronic or
physical signature of the person authorized to act on behalf of
the copyright owner that is allegedly infringed; (b) a description
of the copyrighted work that you claim has been infringed (or, if
multiple copyrighted works on a site are covered by a single
complaint, a representative list of the allegedly infringing works
on the site); (c) identification of the material that is claimed
to be infringing and to be removed, and information reasonably
sufficient to permit us to locate the material; (d) information
reasonably sufficient to permit us to contact you, such as your
address, telephone number and e-mail address; (e) a written
statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement by you,
made under penalty of perjury, that the above information in your
notice and complaint is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. Please
be aware that the foregoing information in your complaint may be
forwarded to the person who provided the allegedly infringing
content. The foregoing information must be submitted to Company’s
DMCA Copyright Agent as follows:
EnsuranceOffer, Inc., 44 Wall Street, Suite 505, New York, NY
10005 Attn: Copyright Agent Email: info@EnsuranceOffer.com
Pursuant to Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity is infringing
may be subject to liability. If you believe that your material has
been mistakenly removed or disabled, you may submit a counter
notice by notifying our DMCA Copyright Agent at the address
provided above. Pursuant to Section 512(f) of the DMCA, any person
who knowingly materially misrepresents that material or activity
was removed or disabled by mistake or misidentification may be
subject to liability.
GENERAL
The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further
rights hereunder. Company shall not be liable for any failure to
perform its obligations hereunder where such failure results from
any cause beyond Company’s reasonable control. If any provision of
this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not
assignable, transferable or sub-licensable except with Company’s
prior written consent. This Agreement shall be governed by and
construed in accordance with the laws of the state of New York
without regard to the conflict of laws provisions thereof. Both
parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject
matter of this Agreement, and that all modifications must be in a
writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint venture, or employment is
created as a result of this Agreement, and you do not have any
authority of any kind to bind Company in any respect whatsoever.
Neither you nor we shall be held responsible for any delay or
failure in performance hereunder caused by acts of God (or natural
disasters), terrorism, strikes, embargoes, fires, war, or other
causes beyond the affected party’s reasonable control. You agree
that any claim or cause of action arising out of or related to
this Agreement or your use of the Services must be filed within
two (2) years after such claim or cause of action arose or be
forever barred. Use of the Services is void where prohibited by
law.
TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT
OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED
EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK,
USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
EnsuranceOffer DATA PROCESSING ADDENDUM
This Data Processing Addendum (“Addendum”) supplements the Terms
of Service, between the Client identified in the signature block
below (“Client”) and EnsuranceOffer, Inc (“Company”), is dated the
later of (i) May 25, 2020 or (ii) the date of last signature of a
party below, and is hereby incorporated by reference into the
Agreement. All capitalized terms not otherwise defined in this
Addendum will have the meaning given to them in the Agreement. In
the event of any inconsistency or conflict between this Addendum
and the Agreement, this Addendum will govern. Client and Company
agree as follows:
1. Personal Information. In connection with providing the
Services, Company will be Processing Personal Information on
behalf of Client. “Personal Information” means information that
relates, directly or indirectly, to an identified or identifiable
person (a “Data Subject”), which may include names, email
addresses, postal addresses, or online identifiers, that Client
provides or submits in connection with using the Services.
Specific categories of Personal Information that Company will
Process in connection with the Agreement are set forth in Schedule
1 (Scope of Processing). As between Client and Company, all
Personal Information is the sole and exclusive property of Client.
2. Company and Client Responsibilities. The parties acknowledge
and agree that: (a) Company is a processor of Personal Information
under Applicable Law (defined below); (b) Client is a controller
of Personal Information under Applicable Law; and (c) each party
will comply with the obligations applicable to it under Applicable
Law with respect to the Processing of Personal Information.
3. Company Responsibilities. As part of the Services, Company will
use commercially reasonable efforts to Process Personal
Information. “Process” or “Processing” means any operation or set
of operations which is performed on Personal Information, whether
or not by automated means, such as the access, collection, use,
storage, disclosure, dissemination, combination, recording,
organization, structuring, adaption, alteration, copying,
transfer, retrieval, consultation, disposal, restriction, erasure
and/or destruction of Personal Information. The company will use
commercially reasonable efforts to:
a) Process Personal Information solely in accordance with Client’s
documented instructions;
(b) Process Personal Information in accordance with laws, rules,
and regulations that apply to Company’s provision, and Client’s
use, of the Services, including the General Data Protection
Regulation (EU) 2016/679 (“GDPR,” and collectively, “Applicable
law”);
(c) not disclose or otherwise make available in any form any
Personal Information to any third party without first, except to
the extent prohibited by Applicable Law, (i) notifying Client of
the anticipated disclosure (so as to provide Client the
opportunity to oppose the disclosure and obtain a protective order
or seek other relief); (ii) obtaining Client’s prior consent to
the disclosure; and (iii) imposing contractual obligations on the
third party recipient that are at least equivalent to those
obligations imposed on Company under this Addendum;
(d) amend, correct, or erase Personal Information at Client’s
written request and provide a means for Client to update and make
accurate Personal Information Processed by Company;
(e) notify Client of any third party request (by a Data Subject or
otherwise) to (i) restrict the Processing of Personal Information;
(ii) port Personal Information to a third party; or (iii) access,
rectify, or erase Personal Information. Company will use
commercially reasonable efforts to assist Client, at Client’s
reasonable written request, in complying with Client’s obligations
to respond to requests and complaints directed to Client with
respect to Personal Information Processed by Company;
(f) at the reasonable written request of Client, cooperate and
assist Client in conducting a data protection impact assessment;
(g) ensure that Company personnel Processing Personal Information
are subject to obligations of confidentiality; and
(h) keep all Personal Information compartmentalized or otherwise
logically distinct from other information of Company or its
personnel, suppliers, customers or other third parties.
Company will use commercially reasonable efforts to inform Client
if Company becomes aware or reasonably suspects that Client’s
instructions regarding the Processing of Personal Information may
breach any Applicable Law.
4. Subcontractors. The company will not engage another processor
to process Client’s Personal Information without authorization
from Client. Company will be responsible to Client for any
material failure of such processor to fulfill Company’s data
protection obligations as set forth in this Agreement. Client
hereby provides its general written authorization for Company’s
use of subcontractors to Process Personal Information on behalf of
Client, which may be updated from time to time by Company. Client
consents to any such updates.
5. Data Transfers. The company will use commercially reasonable
efforts not to transfer or cause to be transferred, any Personal
Information from one jurisdiction to another without Client’s
prior written consent. Where Client consents to such transfer, the
transfer will be in accordance with Applicable Law. The company
has certified its compliance to the EU-U.S. Privacy Shield
Framework Principles (collectively, the “Principles”) with the
U.S. Department of Commerce (the “Department”). The company will
provide commercially reasonable assistance to Client in responding
to requests from the Department or other applicable data
protection regulators in the U.S. and European Union related to
compliance with the Principles. Upon request of the Department,
Company may disclose the terms of this Addendum to the Department.
6. Security Safeguards. The company will use commercially
reasonable efforts to implement and maintain appropriate technical
and organizational measures consistent with industry standards to
protect and ensure the confidentiality and integrity of Personal
Information.
7. Records and Audits. The company will keep at its normal place
of business records of its Processing of Client Personal
Information. At Client’s reasonable request and with advance
written notice, Company will use commercially reasonable efforts
to make available to Client such records and information as is
necessary to demonstrate its compliance with Applicable Law with
respect to Personal Information and allow Client or an independent
third party to conduct an audit to verify such compliance. Any
such audit will be conducted (a) on reasonable advance written
notice to Company; (b) no more than once per year; (c) during
Company’s standard business hours; and (d) in such a manner to
minimize disruption to Company’s operations. Any information
provided by Company in connection with such audit must be
protected as Company’s confidential information subject to a
separate non-disclosure agreement entered into between Company and
the recipient of such information before such audit. To request an
audit, Client must submit a detailed audit plan at least 90 days
in advance of the proposed audit date describing the proposed
scope, duration, and start date of the audit. The client will bear
the costs of such audit.
8. Security Breach. If Company has actual or constructive notice
of any actual or potential Security Breach (defined below),
Company will take commercially reasonable efforts to, without
undue delay: (a) notify Client of the Security Breach and any
third-party legal processes relating to the Security Breach; (b)
help Client investigate, remediate, and take any necessary action
regarding the Security Breach and any dispute, inquiry,
investigation, or claim concerning the Security Breach; and (c)
provide Client with assurance that such Security Breach will not
recur. “Security Breach” means any unauthorized access to Company
owned or controlled networks or systems where Personal Information
resides or any misuse or unlawful or accidental loss, destruction,
alteration, or unauthorized Processing of Personal Information
under Company’s possession or control. This obligations in this
Section do not apply to incidents that are caused by Client or
Client’s personnel or users.
9. Return or Destruction of Personal Information. Upon written
request by Client or when Company no longer is required to Process
Personal Information to fulfill its obligations under the
Agreement, Company will use commercially reasonable efforts to (a)
cease all use of Personal Information; and (b) return all Personal
Information to Client or, at Client’s option, destroy all Personal
Information and all copies thereof, except to the extent that
Company is required under Applicable Law to keep a copy of
Personal Information for a specified period of time.
10. DISCLAIMER. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT
THIS ADDENDUM IS LEGALLY SUFFICIENT TO MEET CLIENT’S NEEDS UNDER
APPLICABLE LAW, INCLUDING THE GDPR. COMPANY EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, THROUGH A COURSE OF DEALING, OR OTHERWISE THAT THIS
ADDENDUM WILL COMPLY WITH OR SATISFY ANY OF CLIENT’S OBLIGATIONS
UNDER APPLICABLE LAW, INCLUDING THE GDPR. CLIENT FULLY UNDERSTANDS
THAT IT IS SOLELY RESPONSIBLE FOR COMPLYING WITH ALL OF ITS
OBLIGATIONS IMPOSED BY APPLICABLE LAW. THE PARTIES AGREE THAT
THERE WILL BE NO PRESUMPTION THAT ANY AMBIGUITIES IN THIS ADDENDUM
WILL BE CONSTRUED OR INTERPRETED AGAINST THE DRAFTER.
SCHEDULE 1
Scope of Processing
Subject Matter of Processing: The context for the Processing of
Personal Information is the Company’s provision of Services under
the Agreement.
Duration of Processing: The Processing will begin on the effective
date of the Agreement and will end upon the expiration or
termination of the Agreement.
Nature and Purpose of Processing: Company specializes in lead
generation services. The client, as a client of Company, uses the
Services to process Personal Information of its customers or
contacts for marketing and sales purposes. Company stores the
Personal Information on its servers and processes such Personal
Information only for the purposes of, and in accordance with, the
instructions of Client and does not make any decisions itself as
to the use, updating, or deletion of Personal Information.
Types of Personal Information: The Personal Information concern
the following categories of data: contact details including name,
address, telephone or mobile number, fax number and email address;
date of birth;; details of goods and/or services which
customers/potential customers purchased or enquired about; IP
address; place of employment; occupation; personal interests; age;
and other Personal Information collected and provided by Client in
connection with Client’s use of the Services.
Categories of Data Subjects: The Personal Information transferred
concerns the following categories of data subjects: customers and
prospective customer of Client and other marketing contacts
determined by Client in connection with Client’s use of the
Services.
We may update this Policy.
From time to time we may change our privacy policies. We will
notify you by email or by means of a notice on the website or app
of any material changes to our Policy as required by law. We will
also post an updated copy on our website. Please check our site
periodically for updates.
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