Terms & Conditions

Last Update: July 2024

These terms and conditions, together with all documents referenced herein ("Terms"), outline the conditions under which you may use the Services (as defined below) offered by the website www.sferal.ai (hereinafter also referred to as the "Platform"), managed by Sferal S.R.L. ("Sferal" or the "Provider"), headquartered in Ploiești, Nicolae Titulescu Street, no. 32, Prahova County, registered in the Trade Registry under no. J29/546/2014, VAT Code 33034700, phone 0344 803 100.

Using the services includes accessing, browsing, or registering to use the website. Please read this document carefully and ensure that you fully understand its contents and your obligations before using this site or the Services offered by www.sferal.ai.

Definitions

Sferal.io: The website and the collection of services accessible through this website or its subdomains.

Services: Online subscription-based services provided to clients by Sferal S.R.L. through the website www.sferal.ai, granting access to aggregated public, economic, and legal information derived from public sources, as follows:

  1. Verification of legal entities' information in Romania – Company Checks Romania;
  2. Verification of legal entities' information outside Romania – International Company Checks;
  3. Monitoring with alerts for legal entities in Romania;
  4. Monitoring with alerts for court cases in Romania;
  5. BizZilla – Prospecting, Analysis, and Market Studies:
  6. Extraction of company lists;
  7. Uploading company lists for data updates and statistical analyses;
  8. Performing statistics and market studies;
  9. Fiscal analysis;
  10. Providing the "Compliance & Third Party Check" module;
  11. Offering FNIP or FNIP + IS reports from the Central Payment Incidents Registry for legal entities in Romania;
  12. Providing reports with information on legal entities in Romania;
  13. Making available the "Company Portfolio" for conducting statistics on Romanian legal entities selected by the user;
  14. Comparison of financial indicators for legal entities in Romania;
  15. Providing the Client with PDF and/or CSV reports available on the termene.ro website ("Documents");
  16. Offering the Sferal API interface at: https://www.sferal.ai/api, along with any modifications, improvements, updates, additions, derivative works, and related materials ("API");
  17. Reporting Romanian legal entities in RedBill – Unpaid Invoices Registry;
  18. Debt collection;
  19. AI-powered checks – The AI Assistants Project, developed by Sferal S.R.L., aims to provide companies and their employees with access to advanced artificial intelligence technologies;
  20. Any other integrated services within the sferal.io platform offered by Sferal's promoted partners.


Customized Service

Real-time SMS or email alerts about the most significant changes concerning monitored companies or cases. These are informational in nature and provide details available on official websites.

User/Client

A legal entity or other professional who places an order on the website www.sferal.ai and registers an account. Sferal does not cater to non-professional individuals.

Visitor

A natural person, acting as a representative of a legal entity or another type of professional, who visits the website www.sferal.ai without registering an account, purchasing services, or placing an order.

Potential Client

A person presumed to be a legal entity or another professional who creates an account (registers as a user) and tests the Services on the website www.sferal.ai for free, for a limited time.

Order

The act of purchasing one or more services displayed on the website www.sferal.ai, made by a Client.

Free Period

When creating an access account, the user receives a free access package for a period of 5 years with limited access to the platform.

Contract

The legal document outlining the provision of online Services by Sferal and their receipt by the Client via the website www.sferal.ai, whereby the Client gains access to aggregated public, economic, and legal information. In the absence of another written contract, payment or acceptance of these Terms and Conditions, together with the confirmation email/order form/acceptance of the offer, constitutes the contract between you and Sferal ("Service Provision Contract" or "Contract"), in accordance with Article 9 of the Electronic Commerce Law 365/2002.

Contract Acceptance

The contract is concluded when your order or acceptance reaches us, even if we have not acknowledged it. The contract is also considered concluded when you perform an act or conclusive action, such as accessing the Services or requesting/paying an invoice.

Contract Duration

The subscription contract is entered into for a duration of 12 months or as per the offer accepted by the Beneficiary ("initial period") and comes into effect on the date of signing by both contracting parties, the date of payment, order placement, or acceptance of the offer by the Beneficiary, as applicable. The contract automatically renews for new periods equal to the initial period ("subsequent periods") unless either party notifies termination of the contract 30 days before the start of a new period.

General Information

2.1. Sferal operates the website www.sferal.ai. A client/potential client or visitor can purchase services by registering as a user and accessing the pages on www.sferal.ai, and Sferal will confirm and accept the registration request by sending a confirmation email to the client ("confirmation email").

2.2. The client acknowledges and accepts these Terms and Conditions before opening an account, regardless of whether they subsequently place an order or only test the application. Acceptance of these Terms and Conditions constitutes your consent to the terms of use of the termene.ro platform.

If you do not accept these Terms and Conditions or are under the age of 16, you must not access/use/purchase the Platform and/or Services.

2.3. The client must provide an email address to configure and access the Sferal account. The client’s sferal.ai account is intended exclusively for personal use, and sharing, disclosing, or using login credentials/licenses by or with any other person, either inside or outside the organization, is prohibited.

2.4. The deletion of the client’s account can only be performed upon their explicit request, which can be submitted by sending an email to contact@sferal.ai or after a period of 5 years from the last access. Sferal may retain an identifier for your account, such as your email address, even after processing a deletion request, to prevent the recreation of an account with the same details to gain free access to the platform beyond the free period.

2.5. The client is responsible for installing any required software and/or hardware and for making any other arrangements necessary for the use of the services.

2.6. Documents downloaded from the www.sferal.ai website in PDF or Excel format will be delivered to the email address used during account registration.

2.7. Sferal reserves the right to modify these Terms and Conditions, projects, operational methods, specifications, systems, and other service features, as well as the service prices, at any time without prior notice. Price changes become effective on the date they are published on www.sferal.ai.

Guarantees

Under the penalty of immediate suspension of access to the Services, without prior notice or compensation for termination, as well as covering any damages resulting from non-compliant conduct, the Client guarantees that:

  1. They possess the legal right and capacity to enter into the Contract. If a User provides or uses the data of a client company, such as a copy of the registration certificate or a utility bill, an email address from a domain owned by the company, as well as any other data that reasonably creates the appearance that the User is acting on behalf of the Client, the User will be deemed to have acted as a representative of the Client, with the authority to legally bind them. For any disputes or claims of the Client arising from this fact, the Client may take direct action against the User, without affecting in any way the rights and obligations arising from this Contract.
  2. They enter the Contract as a professional, not as a consumer, understanding that the provisions of consumer protection legislation do not apply to this Contract.
  3. They provide accurate and truthful information.
  4. They use the Services solely for lawful purposes and in accordance with the Contract. In connection with the provision or use of the Services, the Client will comply at all times with all applicable laws, rules, and regulations, including, without limitation, legal provisions regarding data protection.

Rights and Intellectual Property

4.1. Sferal grants the Client access to the platform for the duration specified in the Contract, as applicable. The provision of services is based on a personal, limited, non-exclusive, revocable, and non-transferable right to access and use the Services only for personal use and not for commercial purposes unless otherwise agreed upon.

4.2. The entire content of the website www.sferal.ai, including texts, images, graphics, web design elements, scripts, and any other data, is the property of Sferal Just S.R.L. or its suppliers and is protected under legal provisions regarding intellectual and industrial property rights. The use of any elements from the website www.sferal.ai, or any of the aforementioned elements, without our written consent is punishable under the laws in force.

Prohibited Conduct

The Client understands and agrees that the Platform and Services, whether or not they are subject to a registered trademark, are the exclusive property of Sferal, and under the penalty of immediate suspension of access to the Services, without prior notice or compensation for termination, as well as covering any damages resulting from non-compliant conduct, the Client will refrain from any conduct that may harm Sferal, including but not limited to:

  1. Using the information obtained from receiving the Services, in whole or in part, for resale or to facilitate access for third parties;
  2. Using the information obtained from receiving the Services, in whole or in part, for the development of AI solutions or tools;
  3. Authorizing or allowing this information to be made available in any way to third parties, by failing to make reasonable efforts to protect the information obtained through the use of the Services;
  4. Modifying, distributing, transmitting, displaying, publishing, reproducing, granting licenses, creating derivative products, transferring, or selling any information or services obtained through the reproduction, modification, or display of content from sferal.ai without Sferal's written permission;
  5. Removing or modifying any notices or proprietary marks on the Services;
  6. Using the Services or allowing a third party to use the Services to create, transmit, or receive materials that violate applicable laws or contain obscene, abusive, vulgar, defamatory, offensive, threatening content, or infringe intellectual property rights;
  7. Attempting to circumvent any security measures or exploiting any technical limitations of the Platform and/or Services;
  8. Using the Services in a manner that harms the interests of Sferal, including, without limitation, by engaging in or allowing activities such as cracking or hacking, "denial of service" attacks, or others, introducing viruses, Trojans, or other materials/technologies that may affect the integrity and/or operation of the sferal.ai site, systems, and/or connected networks;
  9. Cancelling or manipulating headers or any identifiers (including, without limitation, URLs) to hide the origin of any data transmitted through the www.sferal.ai website;
  10. Creating or using an application that can be used to breach the Contract or platform policies;
  11. Using, without Sferal's consent, software, devices, scripts, robots, or other automated means or processes to access, copy, or duplicate any content from the site;
  12. Affecting the name, reputation, or image of Sferal S.R.L., www.sferal.ai, its affiliates, directors, or employees in connection with the Client's use of the Services.

Website Maintenance

6.1. Sferal will make reasonable efforts to ensure that the maintenance of the Services, which may require interruption of the Client's access to the Services ("Maintenance Events"), will not be performed during normal working hours (from 9:00 AM to 6:00 PM local time in Romania, Monday to Friday, except for public holidays), except for emergency maintenance operations, which may result in the interruption of access to the Services at any time.

6.2. Sferal will maintain and update the Services. If the Client discovers that the Services include an error, they can report this issue at any time by contacting our support service at: contact@sferal.ai. The Client understands that the Services may include software, data, and information provided by third parties, and therefore, correcting errors and resolving defects may require actions from those third parties and are not entirely within Sferal’s control.

6.3. The Client has exclusive responsibility regarding accessing the Services via the internet.

Third-Party Services

7.1. Sferal may provide the Client with access to third-party documents, software, and/or services through distribution relationships that Sferal has established with certain commercial providers ("third-party providers"). These Third-Party Services may or may not be identified as ultimately provided by third-party providers, and while sferal.ai will make reasonable efforts to correct any errors or respond to any other issues reported by the Client, the Client understands that support for Third-Party Services may require input from the third-party provider, which is not under the control of Sferal. The Client expressly agrees that the use of third-party services is at the Client's exclusive risk and that Third-Party Services are provided "as is" without any warranty from Sferal regarding suitability for a particular purpose, virus-free status, accuracy or completeness of responses or results, correspondence with the description, or non-infringement of third-party rights. To the maximum extent permitted by applicable law, neither Sferal nor the third-party providers are legally liable for any damages, direct or indirect, resulting from the use or inability to use any Services provided by a third party.

7.2. The Client will not remove or modify any copyright notices, trademarks, or any property rights identifiers related to any Third-Party Services.

7.3. If a third-party provider requests the Client to enter into a separate contract before the Client uses their services, sferal.ai will notify the Client accordingly, and the Client will agree to comply with the terms of that agreement with the third party, being fully responsible to the third party for any improper use of the Services or violation of the agreement made directly with the third-party provider.

Use of Red Bill

8.1. The user of the Red Bill reporting service guarantees that all information declared regarding the reported entity and claims is accurate, current, and complete, originates from an existing and demonstrable legal report, and that the use of the Red Bill reporting service is not done in bad faith or with the intent to cause harm.

8.2. Sferal assumes no responsibility for the accuracy, currentness, or completeness of the reports in Red Bill, as this responsibility rests entirely with the author of the report. Sferal cannot decide who is right in commercial disputes between two or more entities. Any claims from the reported entity should be directly communicated and pursued in contradiction with the reporting entity.

8.3. However, Sferal may, upon registering the report in Red Bill or upon receiving a dispute, request the reporting entity to provide any evidence regarding the truth and correctness of the report. If the reporting entity fails to provide such evidence or if the reported entity contests the accuracy of the entry, providing evidence such as a favorable court decision in the first instance or proof of payment, Sferal may, at its sole discretion, refuse the entry in Red Bill, remove it, or keep it. If Sferal believes that the reporting was made in violation of these Terms and Conditions, it may temporarily or permanently suspend the account of the reporting entity. In such a case, Sferal does not owe any damages and has no obligation to refund the prepaid contract price or cease billing under the contract with the entity whose account has been suspended.

Managing Reviews

9.1. The user of the "Reviews" service assumes full responsibility for the truthfulness of the content of the posted review, otherwise, they may face civil or criminal law consequences.

9.2. Sferal may, at its sole discretion, remove a disputed review or one expressed in inappropriate language, inciting hatred, violence, or discrimination, or one that is clearly unfounded (e.g., unrelated to the company receiving the review), and may suspend, temporarily or permanently, the account of the entity that authored the review. In such a case, Sferal does not owe any damages and has no obligation to refund the prepaid contract price or cease billing under the contract with the entity whose account has been suspended.

9.3. Sferal assumes no responsibility for the accuracy of the review content, as this responsibility lies entirely with the author of the review, and cannot decide who is right in commercial disputes between two or more entities. Any claims from the entity receiving the review should be directly communicated and pursued in contradiction with the author of the review.

Use of AI Assistants

10.1. Use of AI Services in AI Assistants

Services Provided "As Is": AI-based services are provided "as is." The website owner does not offer any guarantees, explicit or implicit, regarding the operation or availability of these services.

Technological Limitations: Users should be aware of the technological limitations of the language models used, including possible errors, inaccuracies, or limitations in understanding and generating responses.

Critical Decisions: Users are advised not to rely solely on AI-generated responses for decision-making. AI responses are meant to be informative and do not substitute professional advice or comparison with public sources.

10.2. Instructions for Users on Protecting Confidential Information when Using AI Features

10.2.1. General Instructions

Avoid Sharing Confidential Information: Do not provide confidential data, such as financial information, banking details, or data that you are required to keep confidential by law or contract, via chat or other AI services.

Avoid Sharing Personal Data: Do not provide personal data of yourself or others, such as contact information, personal identification numbers, financial, banking, or medical details, through chat or other AI services.

Use Fictitious or Generic Data: When testing AI features, use fictitious or generic data instead of real data to minimize the risk of exposing sensitive information.

Review Our Privacy Policy: Read and understand our privacy policy to be aware of how we collect, use, and protect personal data.

Review the Privacy Policies of AI Resource Providers: Read and understand the privacy policies of our AI resource providers to be aware of how they collect, use, and protect personal data:

10.2.2. Protecting Data When Uploading Files

  1. Verify the Content of Files: Ensure that uploaded files do not contain confidential or sensitive information or data unnecessary for the purpose of using our services.
  2. Anonymize Data: Before uploading files, anonymize personal data and other confidential or sensitive information to eliminate the risk of unauthorized disclosure.
  3. Use Secure File Formats: Upload files in secure formats and avoid formats that may contain malware or other security risks.

10.2.3. Responsible Use of AI

  1. Be Aware of AI Limitations: Understand that artificial intelligence models have limitations and should not be relied upon for decision-making. Thoroughly verify any information provided by AI.
  2. Familiarize Yourself with the Models Used: Get acquainted with the language models used by our services (e.g., ChatGPT, Claude, etc.) to understand how responses are processed and generated.

10.3. Limitation of Liability: The owner of sferal.ai is not responsible for any damages or losses resulting from the use or inability to use AI services.

The user assumes all risks associated with using AI services, including risks related to data confidentiality and information security.

The owner of sferal.ai is not responsible for the content or accuracy of information provided by third parties through AI services.

The owner of sferal.ai is not responsible for how AI providers use the information provided by users, and users are obligated to inform themselves about their practices before entering any information into the platform, especially by reading their privacy policies.

The owner of sferal.ai is not responsible for how users use the data of the company they represent while using AI services.

Payments and Billing

The client will pay for the use of the services in accordance with the rates and terms established by the contract, order on the website, or offer sent and accepted. Payment is made via credit/debit card when placing the order online or by bank transfer.

Sferal.ai can charge penalties for late payments at a rate of 0.10% per day of delay, calculated on the entire unpaid amount. The cumulative penalties may exceed the amount on which they were calculated. From the invoice due date, the user is considered to be in default by law. From this date, late payment penalties may be calculated in accordance with the provisions of Article 1523, paragraph 1 of the Civil Code. In case of non-payment, 60 days after the invoice due date, Sferal.io may report the invoice in the Redbill system - the Unpaid Invoices Bureau.

Limitation of Liability

12.1. The client uses the platform at their own risk. The content accessed through the use of the Services is provided for general informational purposes only and is not intended to be used as a basis for business decisions. The information on www.sferal.ai is not intended to constitute advice (of any kind) that the client should rely on. The client should seek professional or specialized advice before making a decision or refraining from any action based on the content accessed through the use of the Services.

12.2. Sferal.io makes efforts to ensure that the content accessible through the Services is up-to-date and correct. However, since Sferal.io obtains content from a variety of different sources, it does not guarantee the availability, completeness, truthfulness, accuracy, or timeliness of any content accessed or accessible through the use of the Services, being explicitly exempted from any liability concerning such content.

12.3. If the client notices the presence of incorrect or inaccurate content, they must inform Sferal.io via email at contact@sferal.io, and Sferal.io will make reasonable efforts to investigate such situations and, if possible, correct the inaccurate data. Content related to credit scores, in particular, is provided and generated by a third-party source, and if the client has any concerns regarding incorrect or unclear content in this regard, they must also contact Sferal.io by email at contact@sferal.io. Sferal.io will make all reasonable efforts to forward such concerns to the third-party provider.

12.4. Sferal.ai assumes no liability for:

(i) content declared by the user when registering on the website www.sferal.ai; the user is obligated to provide accurate data and verify and update their account details, including name, surname, email, and mobile phone, within 30 days of any changes, but at least once every two years;

(ii) any interruptions in the provision of Services or impairment of their quality caused by actions or omissions of service providers, network or equipment malfunctions, maintenance works, force majeure events, and any other causes beyond the control of Sferal.io, including, but not limited to, the inability to connect or complete communication;

(iii) total or partial interruption of Services or parts of them as a result of cyber-attacks or the inability, for any reason, to access public sources from which the data originates or communication networks;

(iv) the accuracy or degree of timeliness of official sources from which the data is retrieved;

(v) damages incurred by the client or third parties, of any kind, including, but not limited to, any direct, indirect, or incidental damages, including, but not limited to, any damages for loss of profit or income of the client, any business interruption, any loss of anticipated savings, opportunities, or reputation resulting from/caused by the use or inability to use the information on the platform, the Services, actions taken by users based on them, viruses, or other technologically harmful materials that may infect the user's equipment; the use of the Services is at the user's own risk;

12.5. Sferal.io’s liability arising in any way from or in connection with the provision of Services is limited to the value corresponding to the use of the services for three months, but not more than 100 Euros, whether arising from a single event or a series of multiple events;

12.6. The client will indemnify Sferal.io with respect to any liability and/or costs, including, but not limited to, any legal expenses or other professional expenses, losses, direct or indirect, including loss of profit, loss of reputation, damages, fines, interest, or penalties incurred by Sferal.io in connection with the illegal or improper use of the Services by the client or their breach of the Contract or these Terms and Conditions.

Termination

13.1. Without prejudice to the remainder of the Contract or any remedies available under the law, Sferal may immediately suspend the Client’s use of the Services, without liability or refund, if:

(i) any payment owed by the Client to Sferal is delayed, rejected, refused, or reversed for any reason during the subscription period; and/or

(ii) the Client breaches any of the terms of the Contract or these Terms and Conditions.

13.2. The Client will be notified by email, and the suspension of services may occur after 70 days from the due date of the unpaid payment or from the date of the breach of the contract and/or general conditions.

13.3. Either party has the right to terminate the Contract immediately by providing written notice to the other party in case of a breach of the obligations of the Contract by the other party, which has not been remedied within thirty (30) days from receiving a notice from the other party.

13.4. The Contract may be terminated by Sferal at any time with a 30-day prior notice, in which case Sferal will refund the Client for any prepaid amount for Services not provided.

13.5. The Client has the right to terminate the Contract according to the provisions of Article 3.5 of these Terms and Conditions.

13.6. The termination of the Contract (or any part of it) will not affect the due rights or obligations of the parties.

Disputes

Any dispute arising from or related to this Contract, including regarding its validity, interpretation, execution, or dissolution, will be resolved by the parties amicably through direct negotiations. In case an amicable resolution is not possible, the parties agree that the dispute will be resolved by the courts at the location of Sferal.

Protection of Personal Data

In accordance with Regulation (EU) No. 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “Regulation”):

General Provisions

This information refers to you as the holder, representative, staff member, manager, agent, collaborator, consultant, etc. of the Company that is our client, or of the Persons authorized by the Company, whose data we are provided with in the context of signing and executing the Contract.

Who we are and what we do

We are SFERAL S.R.L. (“Sferal”), a Romanian legal entity with its registered office in Prahova County, Ploiești Municipality, Nicolae Titulescu Street, No. 32, registered with the Prahova Trade Register under no. J29/546/2014, fiscal code 33034700, tax attribute RO, bank account RO38BACX0000001538120000 opened at Unicredit Bank, email contact@sferal.ai, phone 0344 803 100, legally represented by STORYTAILORS AGENCY S.R.L. through Ms. CONSTANTIN IOANA - LAURA, in the capacity of administrator.

How to contact us

Our Data Protection Officer (DPO) is VLĂNȚOIU ȘI ASOCIAȚII S.P.A.R.L.. If you have any questions regarding this privacy policy or wish to exercise your rights regarding the protection of your personal data, you can send an email to our DPO at dataprotection@sferal.ai.

Purposes, categories of processed data, legal basis and processing duration

Main (SP) and secondary (SS) purposes

Categories of processed data

Conclusion and execution of the Contract and conducting the commercial relationship (SP)

Name, surname, phone number, email address, position and/or relationship with the Company, any identification data from an authorization granted to you by the Company, signature, details of documents/contractual operations you are involved in;

Account management, improving the quality of services and contract maintenance activities, sales analysis and monitoring, conducting promotional campaigns and loyalty programs (SS).

Name, surname, phone number, email address, position and/or relationship with the Company, any identification data from an authorization granted to you by the Company, any user and password for access to client applications provided by the Operator to the Company, technical information regarding the visitor's device, logs, data present in audio/video recordings or photographs during activities such as phone calls and online conferences, data present in photos or recordings from or for our events (which are not intended to highlight your person unless we rely on your prior consent), or associated with your profiles on platforms through which you interact with us (such as Google mail, Facebook).

In connection with potential business transactions, such as a merger, restructuring, or sale (SS).

Name, surname, phone number, email address, position and/or relationship with the Company, any identification data from an authorization granted to you by the Company, signature, details of documents/contractual operations you are involved in.

Exercise of legal rights, including, but not limited to, fraud prevention, protecting the rights, safety, or property of the Operator or its members, employees, suppliers, or others (SS); organization of debt recovery and/or the Operator’s property and resolution of any legal and/or judicial situations related to the execution of the Contract; resolution of disputes or complaints (SS).

Name, surname, phone number, email address, position and/or relationship with the Company, any identification data from an authorization granted to you by the Company, signature, details of documents/contractual operations you are involved in, any user and password for access to client applications provided by the Operator to the Company, technical information regarding the visitor's device, logs, data necessary to resolve complaints, including a complaint identifier, data present in audio/video recordings or photographs during activities such as CCTV recordings, phone calls, and online conferences, or associated with your profiles on platforms through which you interact with us (such as Google mail, Facebook).

Compliance with legal obligations and requests from authorities, including the transmission/disclosure of personal data to institutions or public authorities, as required by law (SS).

Name, surname, phone number, email address, position and/or relationship with the Company, any identification data from an authorization granted to you by the Company, signature, details of documents/contractual operations you are involved in, any user and password for access to client applications provided by the Operator to the Company, technical information regarding the visitor's device, logs, data necessary to resolve complaints, including a complaint identifier, data present in audio/video recordings or photographs during activities such as CCTV recordings, phone calls, and online conferences, or associated with your profiles on platforms through which you interact with us (such as Google mail, Facebook), details of documents/contractual operations you are involved in and/or any other identification data provided to or obtained by the Operator during the execution of the contract, to the extent that the disclosure of this data is mandatory by law.

Through this notification, we make efforts to comprehensively present the data processing activities that may involve you. As such, not all purposes, categories of data, legal bases, or recipients highlighted here will necessarily apply in your relationship with us or at all times, but on a case-by-case basis.

The retention periods mentioned in this notification are maximums, and data and documents containing them may be deleted/destroyed after a shorter period, except for those for which we have a legal retention obligation; the retention periods for the categories of data in this notification may be tied to the document archiving periods containing them.

Collection of personal data

The Operator collects personal data upon signing the Contract or during its execution, from the legal representative or project holder of the Company whose employee/representative/contact person you are or directly from you.

Except for data processed under Article 6(1)(a) of the Regulation, where we rely on your consent, the provision of the other personal data listed above is made by virtue of legal obligations or related to the execution of the contract with the company you represent, the failure to provide these leading to the impossibility of concluding/executing the contract. After the contract is concluded, for practical reasons related to its execution, the data may be processed for some or all of the secondary purposes listed above.

Recipients of personal data

Your data may be shared with recipients such as suppliers who assist us in providing services or with third parties such as certain competent authorities, as necessary or when we have a legal obligation to do so, as applicable:

  • Payment processors, banking service providers, potential partners, and suppliers for event organization, loyalty campaigns, or promotional offers, marketing, PR, advertising, advertising production, event organization.
  • Internet and telephony service providers, IT systems and software, cloud and hosting, IT support, document and information storage, confidential waste disposal, platforms and/or providers for document review or management and activities, document processing and translation, secretarial services, audit, training.
  • Our professional consultants, such as lawyers, valuers, auditors, tax and accounting consultants, or other experts.
  • Human resources and payroll companies, security firms, and building management bodies, delegates, postal service providers, or couriers.
  • Third-party service providers assisting us in operating and interpreting data obtained during online promotion campaigns or managing our newsletter service.
  • Potential buyers of our business or parts of our business.
  • Public or regulatory authorities, tax authorities.

Additionally, for the purposes of the processing outlined above and only based on applicable legal grounds, we may provide your personal data to partner or affiliated companies, which will be subject to our instructions regarding the processing of your personal data. Please note that this list is not exhaustive, and there may be other cases in which we must share personal data with other parties to provide the Services as efficiently as possible or to protect the rights, safety, property of our company or its members, employees, suppliers, or others, to respond to complaints, or to prevent fraud and illegal activities.

Transfer of personal data outside the EEA

In order to provide the Services or for other processing purposes listed here, it may be necessary for us to transfer your personal data to locations outside the European Economic Area (EEA). Before transferring personal data to another jurisdiction, we will ensure that there is a decision regarding the adequacy of the protection level or that the Operator or the authorized person in the respective jurisdiction provides adequate guarantees.

Automated decision-making and profile creation

The personal data mentioned herein are not subject to automated decision-making processes, including profiling.

Security of personal data processing

Sferal informs you that it continually evaluates and improves the security measures implemented to ensure the safe processing of personal data.

Your rights

Regarding the processing of your personal data, you benefit from specific rights under the applicable legislation, including the right to access, rectification, deletion, restriction of processing, withdrawal of consent, the right to object to processing, the right to data portability, and the right to lodge a complaint with the supervisory authority, in accordance with the provisions set out by the applicable legislation. You may exercise your rights by sending an email to dataprotection@sferal.ai.

Miscellaneous

The Company hereby declares that it understands and accepts the content of this notice, which it has been made aware of through its legal representative/project manager, and commits to informing any individuals it involves in the execution of the Contract that the Operator processes their data in accordance with this notice.

Personal data processing agreement between independent operators

General provisions

The Agreement is governed by Regulation No. 679/2016 on the protection of individuals regarding the processing of personal data and on the free movement of such data, and the repeal of Directive 95/46/EC (the "Regulation") and national laws on the protection of personal data. This Personal Data Processing Agreement is an integral part of and amends the Contract between the Operator and the Company.

Categories of data subjects and categories of data processed:

A. Data is processed about natural persons – members of the Parties' staff or representatives authorized by the Parties, as well as any third parties related to them, whose data is made known between the Parties upon the signing or during the execution of the Contract. The data processed regarding these data subjects are generally: first name, last name, phone number, email address, position and/or relationship with the Parties, any identification data from an authorization granted by the Parties, signature, details of documents/contractual operations in which the data subject is involved, any username and password for accessing client applications provided by the Operator to the Company, technical information about the device of the website visitor, logs, data required to resolve complaints, including a complaint identifier, data in audio/video recordings.

B. Data is processed about natural persons, holders, or members of entities whose data appears in public sources. The data processed regarding these data subjects is data associated with those entities in official or private public sources, such as the National Trade Register Office, Ministry of Finance, or websites of entities, such as the name, identification, and contact details associated with the entity.

Nature and purpose of processing

The data is processed for independent purposes established by each of the Parties, in accordance with their legal obligations and legitimate interests related to the activities they undertake in connection with the Contract.

Duration of data processing

The data is processed by the Parties for a period that does not exceed the time necessary to achieve the purpose of processing or the period established by law, according to the retention terms of each Party. Specifically, the Operator processes the data from point A for a period of 10 years from the completion of the contract. The data from point B is updated continuously and appears on the Operator's website as long as it appears on the source websites, except in cases where deletion requests are accepted in justified cases, according to the Regulation.

Information of the data subjects

A. The Operator informs the data subject - representative of the Company that it processes their data in accordance with the document "INFORMATION OF THE DATA SUBJECT," as well as the members of its own staff that the Company will process their data for the purpose of concluding and/or performing the Contract. For any other purposes, within the legal time frame and through appropriate communication channels, the Company is solely responsible for sending the notification regarding the processing of personal data to the data subjects, where applicable.

B. Each Party is solely responsible for ensuring the transmission of the notification regarding the processing of personal data under Article 14 of the Regulation to the data subjects, where required by law, within the legal time frame and through appropriate communication channels.

Rights of the data subjects

Regarding the processing of their personal data, the data subjects benefit from the specific rights according to the applicable legislation, including the right of access to data, rectification, deletion, restriction of processing, withdrawal of consent, the right to object to processing, the right to data portability, and the right to lodge a complaint with the supervisory authority, in accordance with the conditions regulated by the applicable legislation.

Requests from the data subjects

Each Party will respond to requests from the data subjects addressed to them.

Obligations of the parties

The Parties agree and guarantee that:

a) The processing of personal data is carried out in accordance with the relevant provisions of the applicable legislation on personal data protection;

b) They process the personal data for purposes they independently determine, while fulfilling the legal obligations;

c) The technical and organizational security measures adopted are adequate to protect personal data against accidental or unlawful destruction, loss, alteration, disclosure, or unauthorized access, taking into account the current state of technology and the cost of implementing these measures, both internally and by imposing the same measures on any authorized persons;

d) They provide the data subjects with information regarding the essential elements of this Contract.

Confidentiality obligation

The Parties guarantee that only those who have previously been bound by confidentiality regulations or are subject to appropriate legal confidentiality obligations are authorized to process personal data. The Parties guarantee that personal data is not collected, processed, or used without authorization and is not disclosed to unauthorized third parties. The Parties ensure that the individuals responsible for data processing are familiar with the provisions concerning personal data protection in the Contract in advance, as well as with any subsequent instructions.

Compliance with applicable legislation

The Operator has the right to modify the provisions of this Agreement to the extent necessary to comply with any interpretations, guidance, or orders issued by the competent authorities of the European Union or Member States, as well as national provisions regarding the implementation of the Regulation. The Parties agree that such modifications will be effective as soon as they are transmitted to the Company.

The Company understands and accepts that, according to the Regulation, upon the request of the data subjects or in accordance with the minimization principle, the Operator may be required to delete/rectify/restrict/minimize certain personal data from the database used by the application, regardless of whether such operations are performed on the original sources, and is exempt from any liability for modifications to the information provided that occur as a result of such operations.

Liability

Each Party's liability is limited to the processing operations performed exclusively by that Party.

Duration and termination

The obligations regarding compliance with the Regulation and the protection of personal data arising from this Agreement remain valid for the entire duration of the Contract and will cease once the effects of the Contract between the Operator and the Company come to an end.

Applicability

The provisions of this section prevail over any prior or subsequent contractual provisions.

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