Effective as of June 12, 2018
a. The Website Privacy Practices on handling your Personal Data
b. Your rights as granted in light of new regulations on Privacy worldwide.
References in this document to:
"Company", "Website", "Dryve by Click and Market", "We" or "Us" mean a Data Controller in the context of Regulation (EU) 2016/679, thereinafter referred to as "GDPR". The Company has all responsibilities of a Data Controller under the GDPR Directive. The Service is a company registered in the New York Department of State, Division of Corporations, State Records and UCC Registry. The Company does not have a Data Protection Officer, nor is obliged to do so under the GDPR Regulations. The Company’s contact information may be found in the "Contact" section on our Website.
"Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.3. Express Licensing Grant
To the extent of using the rendered services by Dryve by Click and Market, the Company hereby grants you a non-exclusive and non-transferrable license to use of this Website’ content and services. This license limited to personal use, and is further limited according to any Terms or Agreement that Dryve by Click and Market may stipulate with you in the future. Applicable Licensing Terms may be displayed at an accessible place or visible to you within the Website.
1.4. Abuse of the Company and state authority-issued subpoenas.
While pursuing legitimate interests of the Company, Dryve by Click and Market may disclose your personal information in the range which as necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its legal rights or positions in a civil, penal or criminal matters. The Company, on demand by state authorities and a valid document obliging the Company to disclose your information, the Company may further disclose your personal information upon such request in a range and manner prescribed by applicable law.
Dryve by Click and Market has the right, but not the obligation to inquire about potential abuse and/or misbehavior of any User on the Website, and take appropriate action, without exclusion to defending its legal rights in a court of law. The Company further reserves full discretional rights as granted under the Dryve by Click and Market Terms of Company.
2. PRIVACY STATEMENT
2.2. Your Rights
2.3. Data Collection
2.4. Data Processing
2.5. Data Usage
The Website shall use your data in order to fulfill the Company’ contractual obligations to you, pursue legitimate interests of the Company and/or State Authorities, as well as use your data in accordance with your informed consent to do so.
The Company may further use your personal data or set preferences in your User account in order to send you occasional newsletters, provided that you have expressed consent to such newsletters. Once you have subscribed from such newsletters, you may unsubscribe at any time.
The Website’s auxiliary means of financing may be targeted marketing. The Company may use some of the anonymized data collected from your user activity on the Website in order to provide you with targeted advertisements and marketing. Data collected in this way cannot disclose your identity to any third parties, as it consists of behavioral tracking mechanisms while you are using the Dryve by Click and Market.
2.5.1. Advertisements, Cookies and Clear gif notice.
2.5.2. Newsletters and Subscriptions
If you chose to do so, you may subscribe to our Newsletters, in order to stay informed about the new products and/or service that the Company offers. Once subscribed, you may unsubscribe at any time, at which point all periodic newsletters shall further not be sent out to you. You should find the unsubscribe option directly on the Newsletter’ footer, or contact our Customer Support to be unsubscribed from this option.
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. All further usage of your personal information provided to you by us shall be subject to your informed consent.
Your personal data is your explicit right. You may opt to deny us access or not providing us this information, manually change your privacy preferences within your User Account, or (in case such manual preferences are not available), contact the Customer Support via the provided e-mail above to opt out of certain privacy settings.
3.1. Submissions on Dryve by Click and Market
Dryve by Click and Market may have included functionalities, in which Users are allowed to post submissions of any kind. For the purposes of this document, submissions shall be considered any types of text, pictures, video, sound or other multimedia files which the User is allowed to submit via the Dryve by Click and Market Website. Submissions are to be added by Users submitting these text or multimedia files to the service. Upon sharing the user submission, the User submitting hereby warrants and represents that the submission is free of any legal deficits, without limitation to copyright, rights related to copyright and intellectual property rights. The User shall not use the Dryve by Click and Market Website as a forum to express bigotry, racism, intolerance, anything obscene, profane, morally and ethically incorrect, libelous or defamatory towards any individual, person or group, whether they are Users of the Dryve by Click and Market Website or not.
Upon sharing your user submission, you retain all proprietary rights you own or hold towards the user submission, but, for purposes of displaying the user submission in publicly available places, grant Dryve by Click and Market a Universal, Worldwide, non-Exclusive, Royalty- free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users.
The Company reserves all discretional rights as per the Terms of Company in cases that the user submission provides to be a material breach to this Policy’ or the Terms of Company’ provisions. The Company may further use the user submission as cause, evidence or supporting material in cases where the Company’ rights are violated, in order to proceed with such cases in dispute-resolving procedures or in a court of law.
4.1. Security Measures. Disclaimer on Safety
Dryve by Click and Market follows accepted industry standards during the process of submission, transmission and acceptation of personal data. Due to the ongoing trend of internet threats, Dryve by Click and Market cannot guarantee your 100% safety while using the Company. We will, however, disclose any security breach, if such a breach poses a threat to your rights, within 72 hours after becoming aware of such threat.
4.2. Customer Support Privacy
Our Customer Support team has been kept up to date with the latest and best of security and privacy practices. All Personal Data you might disclose shall be processed in order to provide you with the needed assistance by the Customer Support, and shall further be stored in so-called “Threads”, in order to give our Customer Support team a follow-up, in the case you would need further assistance from us.
5. USER RIGHTS
The Data Subject shall have the right to obtain from the Company, without undue delay, correction of any inaccurate personal data concerning the Data Subject. Taking into account the purposes of the Personal Data Processing, the Data Subject shall have the right to have incomplete personal data completed. The Company shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it, the Company shall inform the User about the aforementioned recipients.
5.2. Deletion of Data
The User shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay from the Dryve by Click and Market database, in case that: - the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; - the personal data has been processed unlawfully; - the personal data has to be erased in order to achieve compliance with a legal obligation of a Member state to which the Dryve by Click and Market is a subject; - the personal data have been collected in relation to the offer of information society services as per Article 8 of the GDPR. The Company shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it; the Company shall inform the User about the aforementioned recipients.
5.3. Restriction of Processing.
The User shall have the right to obtain from the controller restriction of processing in one of the following cases: - the accuracy of the personal data is contested by the User, for a period enabling the controller to verify the accuracy of the personal data; - the processing is unlawful and the User opposes the erasure of the personal data and requests the restriction of their use instead; - the controller no longer needs the personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defense of legal claims; - the User has objected to processing in accordance to Article 21 of the GDPR. The Company shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it; the Company shall inform the User about the aforementioned recipients.
The User may object to the processing of personal data concerning him or her which is based on pursuing legitimate interests by the Company or sharing of Personal Data based on a state-issued subpoena.
In cases involving marketing, the User may object to at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the User objects to processing for direct marketing purposes, the personal data shall no longer is processed for such purposes. Objections may be sent directly to the Company’ Customer Support e-mail address.
Pursuant to the GDPR regulation, the User may lodge a complaint directly to the Dryve by Click and Market, at the Customer Support’ e-mail address, or lodge a complaint with the appropriate Supervisory Authority the Website is subject to. If you are not sure on to where to address your complaint to the Supervisory Authority, contact us in order to find out more information.
The Parties have agreed to designate U.S., state of New York applicable law as the governing law of this Agreement. Some rights may be reserved for European Residents, who are natural persons and Data Subjects in the context of the GDPR Regulation. Competent courts and court instances in accordance with governing law’s Codes of Civil Procedure shall be used to resolve any dispute, provided that such a dispute shall be processed in a court of law.
The Parties may designate, upon mutual agreement, an arbitrator by means of consensus, instead of going forward with litigation proceedings. The Company shall not accept any class action, group litigation or other types of collective action against the company. The User shall handle all controversies and disputes arising from this Policy on a case-to-case basis.
No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists and is contrary to applicable national or Community law, it shall not affect the enforceability of the remainder of this document.
You hereby agree to indemnify and hold Dryve by Click and Market, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Dryve by Click and Market’ Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
Dryve by Click and Market may suspend or discontinue any portion of the whole Company with or without previous notice. Dryve by Click and Market may suspend Your access to the Website, provided that a breach under the Website’ Terms of Company has been grounds for termination of Agreement with you.
These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally- binding contract between you and Dryve by Click and Market.
Section 7 – Personal Data that may be collected by third Parties. Personal Data shared with Third Parties
The Company may utilize certain data concerning the User, which may not be gathered from the User directly. The Company may further use these third party services in order to gather certain data on the user’ behavior. Such data, the purpose for processing, and the privacy practices of these Third Parties are listed in the table below:
|#||Name of Company and Website:||Policies on Privacy:||Services used||Purpose for processing:||Lawful basis for processing:||Type of Data|
(Google, Inc. – U.S.)
(Google, Inc. – U.S.)
(Google, Inc. – U.S.)
(Facebook, Inc. – U.S.)
|Data Policy - OptOut||Facebook Ads||Advertisement displaying and other tools||Legitimate interest||Anonymized|
(Facebook, Inc. – U.S.)
|Data Policy - OptOut||Facebook Authentication||Authentication and login to User Accounts||Performance of Contract||Personal information used to access your User Account|