This is an Agreement between you, as a Client and IDH MEDIA LTD, a company incorporated under laws of Ireland, with its registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland, entered into the Registrar of Companies under the company number 563441, VAT EU: IE 3376160DH (hereinafter “IDH MEDIA”). Client and IDH MEDIA are each a “Party” or together the “Parties”.
The Agreement describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products and online services (collectively referred to as the “Services”) we make available through.
By accessing the Services through your user account you acknowledge that you have read and agreed to the Terms within the Agreement. If you do not agree to all Terms listed within, then you may not access the Services.
IDH MEDIA reserves the right to update or replace any part of these Terms at any time.
Your use of the Services
- IDH MEDIA provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Services during the Term of your licence subject to the Terms. In return, you agree you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Services.
- IDH MEDIA will provide support for the Services, including account management and on-boarding assistance. IDH MEDIA agrees to host, maintain and support the Services and make them available to you via the Internet, pursuant to Terms of this Agreement.
- You acknowledge and agree that IDH MEDIA may disable access to the Services in case of non-payment or other material breach of the Terms within, as a result of which you may be prevented from accessing your files or other content which is contained in the Services.
- You acknowledge and agree that entering into the subscription Agreement you are allowed to use only a single account per person.
- You will be responsible for any activity that occurs under your account that enables you to use the Services. You are obliged to notify IDH MEDIA immediately of any unauthorised use of your password or any other breach of security. IDH MEDIA may access your account from time to time to provide you with technical assistance or billing issues or in order to maintain or improve the Services.
- IDH Media reserves the right to revise, amend and update these Terms of Service from time to time in its sole discretion without any prior notice. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for any changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must cease using the Services immediately.
- IDH MEDIA owns all rights, titles and interest, including all IP Rights, in and to the Services, trademarks, Service Data. This Agreement does not transfer or convey to you or any third party any right, title, interest or IP Rights to the Services, IDH MEDIA trademarks, Service Data, but a limited right of use revocable in accordance with this Agreement.
- You are welcome to provide IDH MEDIA with any comments or ideas about the Services. Should you decide to share any ideas with IDH MEDIA, you agree that such disclosure is gratuitous, unsolicited, and without restriction, and that IDH MEDIA is under no fiduciary or other obligation to you, and that IDH MEDIA is free to use your comments or ideas without any attribution or compensation.
Term and Termination
- This Agreement comes into force on the Effective Date as set out in the applicable Insertion Order signed by both Parties and remains effective for the term defined therein and any applicable renewal terms, or extensions thereof, unless terminated earlier according to its terms.
- You may cancel the Services at any time with or without cause provided you give at least ninety (90) days’ written notice. Any Service fees already paid are non-refundable.
- Either Party may terminate the Agreement if the other Party breaches any material provisions of this Agreement and has not cured the breach within thirty (30) days after receipt of written notice of the breach from the non-breaching Party. A Party may also terminate this Agreement immediately if the other Party is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding.
- Termination will result in immediate cessation of access to the Services, deletion of your keys or passwords and all Services contained therein. All licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from IDH MEDIA.
- Fulfilling the information obligation under Article 14 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”) – in connection with the collection of personal data from the Client’s representatives, the Co-controllers of your personal data (i.e. entities that jointly determine purposes and ways of processing data) are: IDH Media Limited with its registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland and IDH Media S.A. in with its registered office at 19 Piękna Street, 00-549 Warsaw, Poland (hereunder referred to as “we”, “us”, “Co-controllers”).
IDH Media S.A. and IDH Media Limited, co-manage your personal data in order to fulfil the obligations of the group of companies that provide influence marketing services.
In accordance with the agreement between the Co-controllers, IDH Media S.A. performs information duties towards clients and their representatives and ensures that each person exercises the rights of the data subject.
In accordance with the co-administration agreement as of 20 August 2021, we have agreed together on the scope of our responsibilities regarding the fulfilment of the obligations arising from the GDPR, in particular we have agreed that:
1. Controller 1 undertakes to respond to requests submitted by Data Subjects in connection with the exercise of their rights under Articles 15, 16, 17, 18, 20, 21 and 22 GDPR. Any requests submitted by Data Subjects shall be responded to in accordance with the principles and within the time limits that are mentioned in Article 12 GDPR.
2. In the event that a Data Subject has submitted a request connected with the exercise of their rights under Article 15, 16, 17, 18, 20, 21 and 22 GDPR to Controller 2, Controller 2 will pass such a request to Controller 1 within 3 days after such request is received.
The Co-Controllers shall ensure the security of the processing of personal data by implementing appropriate technical and organisational measures.
- You may exercise your rights against each of us. Pursuant to Art. 37(1)(a) GDPR the Co-controllers have appointed a Data Protection Officer whom you may contact in matters related to the processing of your personal data:
- via email: firstname.lastname@example.org; or
- via letter: indaHash, 19 Piękna Street, 00-549 Warsaw., with an annotation “Data Protection Officer”.
- Your personal data will be processed for scheduling calls and contacting you with regards to the Services provided by the Co-controllers.
We retain your personal information as long as it is in line with and necessary by the applicable laws and necessary and relevant for our operations, until the claims under the contract are time-barred, the end of damages proceedings or until you withdraw the consent.
- You hold the right to:
– withdraw the consent granted (as long as it does not affect the lawfulness of personal data processing based on your consent before its withdrawal);
– rectify your data;
– delete your data;
– access the content or receive a copy of your stored data;
– restrict your data processing;
– object to the processing of personal information;
– lodge a complaint with the competent authority for the protection of personal data.
5.1. Personal information we collect automatically when you use our Services or register for an account with us
• We also collect information about your interaction with our Services, your communications with us. We receive this from the devices (including mobile devices) you use when you use our Services, register for an account with us, provide us information on a web form, or when you otherwise correspond with us regarding our Services.
• Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information
5.2. Personal information we collect using cookies, web beacons, and similar technologies
5.3. Why are we processing your data?
Above all, we are processing your personal data as it is necessary to execute the binding agreement between you and us and in order to pursue legitimate interests of the administrator as a party to that contract, including the performance of the contract, warding off or pursuing claims in connection with that contract.
Should the legal regulations require us to do so – we will also process your data for tax and accounting purposes.
Additionally, we are processing your data based on our legitimate interest which is the necessity to conduct analyses and statistics aimed at – on one hand – improvement of app functionalities and features and – on the other – ensuring security and efficiency of usage thereof.
We will process your data for direct marketing – to inform you about indaHash world news.
We can also process your data in order to conduct proceedings related to your complaints and other claims. Such processing is based on our legitimate interest being an ability to defend ourselves against claims or to enforce our claims.
Our legitimate interest will also be the processing of your data in order to detect fraud and abuse and conduct activities of a preventive character and ensure safety in the Service.
We only process information which Influencers have already publicly shared via their open accounts of the social networks: Instagram, TikTok, Twitter, Facebook, Twitch to allow Customers to choose an Influencer for their business purposes.
We are processing their data based on our legitimate interest which is the necessity to conduct analyses and statistics aimed at – on one hand – improvement of app functionalities and features and – on the other – ensuring security and efficiency of usage thereof.
- Data retention period
We retain your personal information as long as it is in the line with applicable laws and necessary and relevant for our operations.
We retain your personal information as long as it is necessary by the applicable law, until the claims under the contract are time-barred, the end of damages proceedings or until you withdraw the consent.
In addition, we may retain your personal information from closed accounts to comply with national laws, prevent fraud, collect any owed fees, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Agreement and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.
If you discover that we hold inaccurate information about you, you can request a correction. Such a request must be made in writing or via email.
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”).
For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
For users in the State of California, we adhere to the California Consumer Privacy Act of 2018.
For users in Singapore, we adhere to data protection laws as enshrined in the Personal Data Protection Act 2012.
For users in the United Arab Emirates, we adhere to the Federal Decree-law No. 45 of 2021.
For users in South Africa, we adhere to the Protection of Personal Information Act of 2021.
- You may only use the Services as specified above. However, you are restricted from using the Services for any other usage, including:
- Usage of Services in excess of:
i) 7000 search requests per month
ii) 7 requests to Site per second
iii) 1 account per person (per subscription)
- Use of Services if you have not covered the outstanding payments or have no active Subscription
- Use any means to modify or reroute the Services.
- You are prohibited from using the Services or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
- We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Disclaimer of warranties
- We do not guarantee that your use of our Services will always be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- You expressly agree that your use of, or inability to use, the Services is at your sole risk. The service and all products and Services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall IDH MEDIA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Third party materials
- You acknowledge, understand and agree that the data, information and any content on the Site may not be exhaustive and that analysis of such data is based on external data sources provided to IDH MEDIA. The content available via the Services is based on publicly available information, and IDH MEDIA does not verify the accuracy of the data and information provided by such third parties.
- You acknowledge that you are aware that the Services is an analytical and management tool and that the Services are provided to you without warranty of any kind. By using the Services, you understand and agree that your use of the Services is at your sole discretion and risk.
- The Services may contain data and links to third party websites and services (collectively “Third Party Materials“). Such Third Party Materials are not under the control of IDH MEIDA, moreover IDH MEDIA is not responsible for the Third Party Materials. Company provides access to the Third Party Materials only as a convenience to you and does not review, approve, monitor, endorse, warrant or make any representations regarding Third Party Materials. Your use of all Third Party Materials is at your own risk and you should exercise reasonable care and discretion in doing so. When you use or access Third Party Materials, applicable third party terms and policies may apply, including third party privacy and data collection practices. You should make any investigation you deem necessary or appropriate before engaging in any transaction in connection with such Third Party Materials.
- As a user of the Services, you are solely responsible for all of your own content and materials posted there. IDH MEDIA states that it does not control the content added by individual users, thus you acknowledge and agree that IDH MEDIA is not responsible for User Content, whether provided by you or by others. We make no warranty as to the accuracy, timeliness, suitability or quality of any User Content.
- Your interactions with other users of the Services are solely between you and such users. You agree that IDH MEDIA will not be liable for any loss or damage arising from such interactions. IDH MEDIA cannot and does not control the legality or usefulness of the communications, interactions, transactions or relationships resulting therefrom. In the event of a dispute between you and any user of the Site, we are under no obligation to participate.
- You acknowledge that you are aware that the Services may contain links to other websites that are owned and operated by third party providers and other third parties. As a user, you acknowledge that IDH MEDIA is not responsible for the availability of, or material on or through, any such external sites or pages.
- You acknowledge that by using the Services, you may view content that you deem to be untrue, harmful, offensive, threatening, indecent or objectionable, and you acknowledge that IDH MEDIA has no responsibility or liability to you for any content, information, materials.
In the event that either Party is unable to perform any of its obligations under the Agreement as a result of natural disasters, actions or decrees of governmental bodies, communication line failures not the fault of the affected Party, or any other delay or failure which arises from causes beyond a Party’s reasonable control (a “Force Majeure Event”), the Party whose performance has been so affected will immediately give notice to the other Party and will do everything reasonably possible to resume performance. Upon receipt of such notice, those obligations that cannot be performed through commercially reasonable diligence will be suspended. In cases where the period of non-performance exceeds thirty days from the receipt of notice of a Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement.
Each Party understands that the other Party has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business. IDH MEDIA’s Confidential Information includes, without limitation, any non-public information regarding the technical, technological, features, functionality and performance of the Services. The Receiving Party agrees to: (i) to take reasonable precautions to protect such Confidential Information and;
(ii) not to use or disclose such Confidential Information to any third party.
The Disclosing Party agrees that the foregoing shall not apply to any information that the Receiving Party can document (a) is or becomes generally available to the public or (b) was in its possession or known by it prior to receipt from the Disclosing Party or (c) was lawfully disclosed to it without restriction by a third party or (d) was independently developed without the use of any Confidential Information of the Disclosing Party or (e) is required by law. Notwithstanding anything to the contrary, we have the right to collect and analyse aggregated data and other non-personally identifiable information relating to the provision, use and operation of various aspects of the Services and related systems and technologies.
If you have any questions regarding these Terms or the Services, please contact us at: email@example.com