THIS AGREEMENT IS CONTINUOUSLY ACCESSIBLE ON WWW.WISECP.COM
ANYONE WHO BUYS OR RENTS THE WISECP SOFTWARE IS DEEMED TO HAVE READ, UNDERSTOOD, AND ACCEPTED THIS AGREEMENT IN ADVANCE.
4.2. MONTHLY / YEARLY LICENSES
4.3. Startup License (Monthly)
In this license type, the software is rented monthly or annually and there is an obligation on the software to have a "Powered by WISECP" brand link regarding the WISECP brand. In case of any intervention that will prevent this link from being removed, hidden or visible in any way, the user accepts and declares in advance that the license purchased will be canceled and the payment will not be returned under any circumstances. There are no limitations. Free updates and support services are provided throughout the service life.
4.4. Professional License (Monthly)
In this license type, the software is rented monthly and annually, and there is no obligation to have a "Powered by WISECP" brand link regarding the WISECP brand. There are no limitations. Free updates and support services are provided throughout the service life.
4.5. LIFETIME LICENSES
4.6. Startup License (Lifetime)
In this license type, the software is purchased by paying only "one time" and there is an obligation on the software to have a "Powered by WISECP" brand link regarding the WISECP brand. In case of any intervention that will prevent this link from being removed, hidden or visible in any way, the user accepts and declares in advance that the license purchased will be canceled and the payment will not be returned under any circumstances. There are no limitations. During the service period, an update and support service is provided within the annual fee determined by Wisecp.com. The first year update and support service is free.
4.7. Professional License (Lifetime)
In this license type, the software is purchased by paying only "one time" and there is no obligation to have a "Powered by WISECP" brand link regarding the WISECP brand. There are no limitations. During the service period, an update and support service is provided within the annual fee determined by Wisecp.com. The first year update and support service is free.
4.8. Enterprise License (Lifetime)
In this license type, the software is purchased by paying only "one time" and there is no obligation to have a "Powered by WISECP" brand link regarding the WISECP brand. There are no limitations. Lifetime update and support service is free.
4.9. Free/Trial License
In this license type, the WISECP software license is offered for free. There is no predetermined end date. There are some text on the software that sends a link to the www.wisecp.com website. These can be as follows; "Powered by WISECP, Hosting Billing Automation, Hosting Billing System, Hosting Billing Software, Billing Automation, Billing Software" and so on. These links must be kept at the bottom of the site. In case of any intervention to remove, hide or hide these links in any way, the free license will be canceled and the user will be permanently prevented from obtaining a free license again. The free license is subject to some restrictions and limits. What these restrictions are can be accessed via the "PRICING" page on www.wisecp.com. If the mentioned restrictions and limits on the free license are reached, the restrictions and limits may prevent the use of the system or obstacles may occur. It must be upgraded to a paid license type to continue freely. Wisecp.com may change or discontinue the terms and conditions of the free license service at any time. The user must then upgrade to a paid license type. All users who want to use a free license accept and declare these terms and conditions.
6.1. Leased licenses (monthly or annual) cannot be transferred to another person. However, lifetime (once paid) licenses can be transferred under the other clauses described below.
6.2. Transfer application for lifetime licenses is an exceptional process offered by Wisecp.com to its users. It does not grant a permanent right or privilege about transfer the license to another user.
6.3. Lifetime (one-time payment) licenses can be transferred to another user, provided that 30% of the license fee stated on the Wisecp.com pricing page is paid. Once the license transfer process is completed, this process cannot be undone.
6.4. For re-transfer of a previously transferred license, a payment of 30% of the license fee described on the Wisecp.com pricing page is required. Once the license transfer process is completed, this process cannot be undone.
6.5. License transfer cannot be made to persons or companies that violate the Wisecp.com license usage agreement. Wisecp.com reserves the right to refuse license transfer to persons or companies that it deems inappropriate. In this case, the user cannot make any claims.
6.6. The user cannot transfer his license to someone else by giving his Wisecp.com account login information to someone else, changing his e-mail and other information. If this situation is detected in any way, the relevant customer account and all its licenses will be canceled. The persons or companies that transfer their license and receive shall accept and declare this situation in advance.
6.7. Wisecp.com reserves the right to terminate or modify license transfer facilities at any time and without prior notice. When the license transfer opportunity is terminated, the user accepts and declares in advance that he will not be able to request a transfer for the existing license he has purchased previously.
7.1. For cancellation, it is essential that WISECP software has any persistent problems, errors and cannot be fixed. Any feature that is not included in the software does not mean that the software is incomplete, incorrect, or defective. The user should review it from the from begin to end, request information if necessary, and confirm whether it is appropriate for him before owning the software.
7.2. If the server on which the software is installed does not have sufficient hardware and features, and other server-side problems, cancellation and refund is not possible.
7.3. No cancellation or refund is possible due to problems arising from third party modules and APIs working integrated with the system.
7.4. If the necessary conditions for cancellation and refund occur, a cancellation request must be created on the customer panel service details.
8.3. The money-back guarantee is valid for 30 days from the license activation date. Otherwise, no refund will be made.8.4. There are no refunds for custom services purchased alongside your license. However, refunds will be made for official modules or add-ons sold by WISECP that you purchased with your license.
OTHER TERMS AND CONDITIONS
10.1. The user agrees that Wisecp.com and its customers will not take any action that would damage the commercial reputation and prestige of all Wisecp.com products. It confirms that if this is detected, the customer's account and all associated products and services will be immediately canceled and no money back payment will be made.
10.2. Wisecp.com has the right to refuse service regardless of who requests it. You may be exempted from support services in the face of negative (mobbing) behaviors displayed by the customer and behaviors that adversely affect the working performance of Wisecp.com officials and personnel. In this case, Wisecp.com reserves the right to cancel the customer account with all its products / services by refunding the amounts corresponding to the remaining usage of the user. The user accepts and declares this.
10.3. Creating and using multiple customer accounts is prohibited. If this is detected, all accounts and paid/free services within them will be cancelled. The customer accepts and declares this situation in advance.
INFORMATION WE COLLECT FROM YOU
In the course of your use of the Services, we obtain the following information about you as described below.
SIGNING UP FOR SERVICES; USER INFORMATION
USE OF SERVICES, WEBSITE VISITS AND SUPPORT
We store this data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.
HOW WE USE YOUR INFORMATION
We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:
We also use the information we receive in aggregated and anonymized formats to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.
Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.
We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.
SHARING OF INFORMATION
As further described below, we will only share certain personal information with:
Further information about the third parties with whom we share personal information is available here.
SHARING WITHIN THE WISECP CORPORATE FAMILY
SHARING WITH PARTNERS
When we share personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:
If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.
Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information.
SHARING WITH THIRD PARTY SERVICE PROVIDERS AND VENDORS
Occasionally, we enter into contracts with carefully selected third parties so that they can assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.
If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.
We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, clients, potential clients or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.
If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.
Lastly, if legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, law enforcement authorities and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:
This disclosure can include transferring your information to the U.S. and other countries outside the European Economic Area. To the extent we are legally permitted to do so, it is our policy to notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.
The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.
TRACKING TECHNOLOGIES AND ONLINE ADVERTISING
MARKETING COMMUNICATIONS FROM US
You always have the opportunity to opt out of our marketing communications with you or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at [email protected]. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information), and your account(s) for WISECP products and services are provided to you upon the condition that you receive these communications from us. You must cancel your account(s) for WISECP products and services, as applicable, if you do not wish to receive any transactional or service communications. To cancel your WISECP account(s), please follow the instructions found in the terms of service for the applicable WISECP service. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.
We may contact you by telephone, with your consent where applicable, for marketing purposes (including by automatic dialer and/or prerecorded message). If you do not want to receive marketing calls, please contact customer support at the brand from which you purchased your Services. You do not need to agree to receive automated marketing phone calls or texts from us to use the Services.
INFORMATION FROM THIRD PARTIES
If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.
RETENTION OF PERSONAL INFORMATION
We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer.
Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please visit the Privacy Center. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
You have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
You have the right to receive a subset of the personal information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party.
You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
You may request that we erase the personal information we hold about you in the following circumstances:
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.
RESTRICTION OF PROCESSING TO STORAGE ONLY
You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:
You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.
You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
WITHDRAWAL OF CONSENT
Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by visiting the Client Panel.
THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS
Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.
You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.
Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our files.
In order for us to provide the Services to you, your personal information will be transferred to, and stored at/processed in the Germany. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this policy.
For transfers of personal information within the WISECP corporate family, such transfer will be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU.
For transfers of data to third parties, such transfers will either (i) be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU; or (ii) rely on the EU-US Privacy Shield Framework.
You can contact the Data Protection Officer listed below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place. For more information about the EU-US Privacy Shield Framework, please visit the U.S. Department of Commerce’s Privacy Shield website.
In the event that you wish to make a complaint about how we process your personal information, please contact our Data Protection Officer at [email protected] and we will try to deal with your request. This is without prejudice to your right to raise a complaint with the Dutch Supervisory Authority (Autoriteit Persoonsgegevens) by contacting:
WISECP Limited Liability Company
112 Capitol Trail Suite A747 Newark DE 19711 United States
NOTIFICATION OF CHANGES