Osclass Themes and Osclass Plugins
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Terms and Conditions of Use

Who is Osclass Point

The website osclasspoint.com is owned by AB profitrade, s.r.o, private company registered in Slovakia, Europe Union. The headquarters are located at Dolná 800/90, 922 05 Chtelnica, Slovakia.

 

Director: Ing. Adrian Brezak

E-mail: [email protected]

Hosting: WebSupport.sk, Slovakia

Osclass Point, OsclassPoint, MB Themes are trademarks owned by AB profitrade, s.r.o.

 

GENERAL TERMS AND CONDITIONS FOR OSCLASSPOINT CUSTOMERS

These General Terms and Conditions of Use are applicable to all Customers as from 12 January 2021.

Preamble

OsclassPoint is the designer and editor of an open-source software solution, released under free license (Apache 2.0), allowing its Customers to create classifieds sites in a quick and simplified way.

The basic version of this solution can be downloaded free of charge from the Osclass Classifieds website www.osclass-classifieds.com.

This solution is composed of an open and modulated architecture which allows each Customer to personalize his classifieds site and add extra functionalities (Plugins, as defined hereafter) or choose new commercial branding (Themes, as defined hereafter). Plugins and Themes, which constitute the Products, are marketed via the Catalogue (as defined hereafter).

Products are developed either by OsclassPoint itself, or independently, by third party developers (Vendors, as defined hereafter).

The purpose of these general conditions is to define the rights and obligations applicable to Customers who use its Marketplace to purchase Products or Services (as defined below) sold by Vendors or by OsclassPoint (as defined below).

These CUSTOMERS T&Cs are intended for professionals acting exclusively for purposes that fall within the scope of their professional activity. It is expressly recalled that the CUSTOMERS T&Cs are only applicable to sales made to a professional buyer who acts for purposes that fall within the scope of his professional activity, and therefore no right of withdrawal exists for his benefit.

Together with the Personal Data Protection Policy, these constitute the whole terms and conditions of use.

These general terms and conditions are available in English language.

1. Definitions

The terms defined hereafter shall carry, within the present terms and conditions (including this preamble), every time that they begin with an upper-case letter, whether they are in the singular or the plural, the meaning that is given to them hereafter.

Account: Refers to the exclusive space made available to the Customer to enable him to download the Products purchased, access his personal information and purchase history on OsclassPoint Marketplace, his payments history and his requests for support.

Products: Refers to the Plugins and Themes listed and offered for sale on the site OsclassPoint Marketplace.

After-Sales Service (ASS): Refers to the service provided by a Vendor or OsclassPoint to Customers who have purchased one of its Products, consisting of maintenance and support as defined in Article 6.1.

Services: Refers to the service provided by OsclassPoint or by the Vendor for the purchase of a Products, including After-Sales Service and Minor and Major updates of the purchased Products.

Catalogue: Refers to the catalogue of Products created by the Vendors and by OsclassPoint that are listed and marketed on OsclassPoint Marketplace.

Connectors: Means the interface enabling access to the services offered by official Partners.

Customer: Refers to any individual or company, Merchant or Technical provider acting on behalf of a Merchant that wishes to acquire, within his professional activity, one or more Products on OsclassPoint Marketplace and/or benefit from the Services.

Merchant: Individual or company acting in a professional capacity and using the Solution to develop a Classifieds.

Minor up-date: generic technical update for security and debugging as described in article 6.1.

Major up-date: addition of a new feature or level upgrade of a new version of the Product as described in article 6.1.

Plugins: Refers to Products that are intended to add one or more features to the Solution, compared with the basic version.

Packs: Means the purchase of one or several Products sold together and identified as such on OsclassPoint Marketplace.

Partners: Means the companies identified as such on OsclassPoint Marketplace, who offer third party services that can be used by Merchants who subscribe to them and, if necessary, download the Connectors enabling their use.

OsclassPoint, Osclass Point, MB Themes, Osclass Classifieds: Refers to business name owned by AB profitrade, s.r.o, Dolná 800/90, 922 05 Chtelnica, IČO: 36807711

OsclassPoint Marketplace: Refers to the platform for listing, marketing and downloading the Products included in the Catalogue available at this address: www.osclasspoint.com (or any url that may replace it).

Solution: Refers to the Open-source classifieds solution Osclass edited by OsclassPoint that is freely available on its website (Osclass PHP software).

Classifieds: Refers to the classifieds website/marketplace based on the Solution.

Technical provider: Individual or company acting in a professional capacity and using the Solution to develop a Classifieds on behalf of a Merchant.

T&Cs: Refers to these terms and conditions.

Themes: Refers to the Products intended to offer Customers themes with personalized graphics for the Solution that do not come with its basic version.

Vendor: Refers to any person other than OsclassPoint who has developed one or several Products. As of now, OsclassPoint does not cooperate with any Vendor.

Domain: Refers to domain of URL/website where Products and/or Classifieds is used. Highest domain level is considered when talking about domains (sub1.domain.com and sub2.domain.com are still considered as 1 domain only: domain.com).

2. Acceptance of Terms and Conditions

The use of OsclassPoint Marketplace is subject to the Terms and Conditions that OsclassPoint reserves the right to unilaterally change at any time. The modifications shall become effective and are applicable as from their publication on the OsclassPoint Marketplace site, except for the current downloads.

By ticking the box “I accept the terms and conditions” when a person creates an account, create a new order or during any update, the Customer is deemed to have read and accepted these Terms and Conditions which shall be applicable and which he must comply with.

Failing to tick the box shall prevent the creation of the Customer's account, creation of the order and it shall not be valid, as the Customer hereby acknowledges.

Customers are informed that the use of OsclassPoint Marketplace and the order of Products and Services is exclusively reserved for professionals, adults or emancipated (within the meaning of consumer law) and declare that they are acting in this capacity.

This declaration is crucial for contracting with OsclassPoint, the Contractor's remuneration having been established in accordance with the exclusions and limitations of liability provided for in these Terms and Conditions.

As a professional acting for purposes that fall within his commercial, industrial, artisanal or self-employed activity, the Customer acknowledges that he does not have the right of withdrawal which is for the sole benefit of the consumers within the meaning of the Consumption Code.

At the time of downloading Products, the Customer acknowledges that he does not benefit from an option to withdraw on the digital content downloaded as soon as the download has started.

3. Availability of OsclassPoint Marketplace

OsclassPoint shall make its best efforts to make the download of Products accessible from its website 24 hours a day and 7 days a week, without interruption other than that required for the curative and evolving maintenance of OsclassPoint Marketplace.

The Customer’s attention is specifically drawn to the fact that the OsclassPoint Marketplace is, like any website, and more generally like any IT application, likely to suffer malfunctions, anomalies, errors, or interruptions.

OsclassPoint provides no specific guarantees to the Customer regarding the uninterrupted operation of OsclassPoint Marketplace and the Account.

OsclassPoint accepts no performance obligations in terms of service levels, whether for time to service or fix. In this regard, OsclassPoint accepts only a best-efforts obligation.

OsclassPoint cannot guarantee that a fix can be found for reported incidents and issues.

4. Access to OsclassPoint Marketplace

The use of OsclassPoint Marketplace is reserved for people acting on a professional basis, for purposes that fall within their commercial, industrial, artisanal, or self-employed activity, individuals of legal age or emancipated minors, who have full legal capacity.

In order to download Products, the Customer must first register on the OsclassPoint Marketplace website, following the procedure that is indicated for this purpose.

The registration on OsclassPoint Marketplace website is free and without any obligation to purchase.

The Customer is solely responsible for maintaining the confidentiality of his login details. He is deemed to be the only person to have and to use them. OsclassPoint waives any responsibility in case of the use of OsclassPoint Marketplace by a person, other than the Vendor or a person authorized by him, who has his login details.

Customer's account can be linked to one Domain only. If customer need Products on multiple domains, it is required to create 1 account for each Domain.

5. Download of Products

The Customer may consult the functionalities of Products on OsclassPoint Marketplace.

For further information, the Customer may contact OsclassPoint by using the following options:

  • General questions related to OsclassPoint, use contact us page: https://osclasspoint.com/contact
    or use live chat option
  • Product specific questions, pre-sale and after-sale questions, create support ticket: https://osclasspoint.com/support/tickets
  • For questions related to free products, customization questions or Osclass related questions, use forums or documentation

The OsclassPoint Company is not obliged to advise the Customer with regard to the suitability of a Product for his needs, for which the Customer acknowledges to have been informed and has accepted.

OsclassPoint does not undertake any commitment, nor does it grant any guarantee, in particular relating to:

  • the suitability of a Product for the Customer’s needs
  • the use without any malfunction or anomaly of a Product as, like any IT application, it is likely to be affected by malfunctions, anomalies or errors
  • the increase in the Customer’s turnover
  • the increase in the number of visitors on the Customer’s Classifieds
  • the quality of any after-sales service which the Customer may set up for its own customers.

6. Services

6.1 Subscription and Duration of the Services

For any purchase of a Product, the associated Services is provided by the Seller or by OsclassPoint, the service applies per Product and per URL.

The Services includes for each Product:

  • After Sales Service (AS)
  • Minor Updates
  • Major Updates

Excluded from the Services are:

  • Certain services offered on the OsclassPoint Marketplace such as training, installation & upgrade services and more generally any intervention on the Customer's Classifieds.
  • Customization questions and requests
  • Questions, problems, and bugs not related to purchased product

The Services is included with the purchase of a Product and is provided for a period of twelve (12) months from the date of purchase of the Product by the Customer (hereinafter "the Subscription Term").

After expiration of Services, customer can renew Services for another period of twelve (12) months at any time for 35% of Product actual base price. No discounts are applied to Services expiration. This option is available only when Product is still active and being sold at OsclassPoint Marketplace.

The Services is provided on a continuous basis throughout the Subscription Term, except in the case of a refund as provided in Article 9, or cancellation of the Services by the Customer. The execution of the After Sales Service and the Update services for the Products developed by the Sellers are provided by the Seller exclusively and by OsclassPoint for the Products developed by OsclassPoint.

The After Sales Service is performed after exchanges with the Customer on the dedicated messaging interface of OsclassPoint Marketplace and can be accessed on link:

https://osclasspoint.com/support/tickets

It is carried out in the language(s) indicated on the Sellers profile sheet, preferably in English. It does not include telephone exchanges.

The Customer undertakes to inform OsclassPoint as soon as possible in case of bad execution of the Services by the Seller.

6.2 API access

OsclassPoint provides APIs those grant access to Customer purchased products, updates, downloads and news, directly from backoffice of Classifieds. Each account can be linked to one Domain only. For testing of API functionality, subdomain of Domain can be used only. OsclassPoint tracks what domain has been used to do API calls to ensure each account is being used on 1 domain only. OsclassPoint does not track any other information related to usage of API.

Usage of API key on multiple domains leads to blocking of API access for account, Customer must contact support to verify reasons of usage of one API key on multiple domains. Blocking of API access has no effect on ability of Customer to purchase Products or download purchased Products.

For more details about setting up OsclassPoint API key please refer to this guide.

7. Payment

The Customer who wishes to download a Product clicks on “Add to cart”. The Customer may add several Products or Services to his cart. Product packs discounts, Single product discount or Standard volume discount are automatically applied based on cart content. Discounts cannot be removed from cart by customer.

The purchase of a Product automatically includes the subscription to the Services for a minimum Subscription Term of twelve (12) months in accordance with clause 6.1.

The total price of a purchase includes the price of the Product alone and the price of the annual subscription to the Services corresponding. The financial terms of the subscription to the Services are defined in Appendix 1 of the General Terms and Conditions.

The prices are indicated in Euro (€) currency on the Products File. OsclassPoint marketplace does not provide customized (personal) discounts or promotions to specific Customers.

The Customer then completes his order by clicking on preferred payment option and may pay the price of the selected Products with a view to their download by using the means of payment proposed on OsclassPoint Marketplace.

OsclassPoint provides following means of payment:

  • PayPal – using PayPal account or via credit card without need to own PayPal account (not available in every country)
  • Stripe – via Credit Card, Cartes Bancaires (France), Apple Pay, Google Pay, Alipay, Bancontact (Belgium), EPS (Austria), iDEAL (Netherlands), Przelewy24 (Poland)

The Customer may only download the Products ordered upon completion of their payment. If the payment is rejected, for any reason whatsoever, the order will not be completed, for which the Customer should be informed by payment gateway.

OsclassPoint reserves the right to freeze a payment in order to make any verifications required by the law, in particular, concerning money laundering.

OsclassPoint reserves the right to freeze the download of a Product if it suspects that there is a risk of fraudulent payment in order to proceed with the payment verifications.

OsclassPoint processes the Customer’s payment. OsclassPoint is not a payment service provider but an establishment that holds an exemption.

The Customer may consult the history of his downloads on his Account.

The customer may request invoice for his order, after completing country, region, city, address, and invoice header in his Account. Once these data are stored, customer has option to “Request invoice” orders section of his Account. Option to request invoice is available to customer until end of month. If customer has need for invoice after end of month, it is required to contact OsclassPoint support as soon as possible.

8. Claims and refund

Any complaint regarding the operation of OsclassPoint Marketplace and any request for refund of Products with a current Services must be made to OsclassPoint via the Customer Account at the following address:
https://osclasspoint.com/contact

The claims relating to the operating of Products developed by the Vendors will be provided to the latter, in order for them to process them, including in the context of Services.

A messaging tool is made available by OsclassPoint for this purpose and the Customer undertakes to use this tool exclusively for its exchanges with the Vendors and OsclassPoint, with a view to processing his claim.

The Customer acknowledges that he/she will not be entitled to a refund of a Product or the price of the Services if the Customer:

  • Failed to cooperate with the Seller or OsclassPoint in the provision of the Service
  • Failed to respond to the Seller or OsclassPoint when required
  • Acted or refrained from acting in a way that caused a block in the resolution of the claim

OsclassPoint reserves the right to request from the Customer or the Seller the necessary evidence to determine the outcome of the claim.

In the event of a request for a refund of a Seller-developed Product or Services, such request shall be made by the Customer to OsclassPoint. If the eligibility conditions described below are met, OsclassPoint will proceed with the refund.

a) Refund of the Product

The Customer is eligible for a refund of the Product alone, up to one (1) month after purchase of the Product, for the following reason:

  • The Product is technically defective (provided that the Customer has previously contacted the Seller for ASS, otherwise the refund request will be subject to the Seller's validation)

The refund of a Product will systematically imply the refund of the current subscription to the Services as well as its termination. The Customer will no longer benefit from the Services and will no longer be able to download the Product concerned from his OsclassPoint Marketplace customer account.

In case the Product is accompanied by the Services, this must be mentioned in the refund request. If the request concerns a Product developed by OsclassPoint, only OsclassPoint is entitled to validate this request within seven (7) working days.

b) Refund of the Services

The Customer is eligible for a refund of the Services for at least one of the following reasons:

  • No response has been provided within fourteen (14) working days of the ASS request
  • No technical resolution has been provided within fourteen (14) business days of the ASS request

c) Execution of the refund

Once the request for reimbursement has been validated, OsclassPoint undertakes to reimburse the Customer within thirty (30) days following the request for reimbursement.

The reimbursement is exclusively made by the means of payment used when making the order.

9. Intellectual Property

OsclassPoint is the holder of the intellectual property rights pertaining to OsclassPoint Marketplace, in particular relating to the software platform and the graphic elements of OsclassPoint Marketplace.

The Terms and Conditions does not allow for any transfer of ownership in favor of the other party. Consequently, the Customer undertakes not to harm in any way whatsoever the intellectual property rights held by OsclassPoint or by the Vendors on the Products.

The Customer only benefits from a simple license of use of the Products downloaded, which is non-exclusive, personal, globally, and for the entire duration of the copyright. This license is valid for one Classifieds only. This represents usage of purchased Product on 1 Domain linked to Customer's Account. Usage on subdomains of Domain is not limited.

Customer accepts and acknowledges that the Products license of use is not transferable.

Customer may not under any circumstance distribute, license or make use in any way whatsoever of the Products and any element that is attached (such as, without this list being exhaustive: functional and technical documentation, logo, etc.), for a purpose other than their use within the Customer’s Classifieds.

The breach of the terms of this license could give rise, at the discretion of OsclassPoint, to the termination of the license granted in these Terms and Conditions for the disputed Product, and/or the deletion of the Account, and/or the option for OsclassPoint to refuse any subsequent download of any Product from OsclassPoint Marketplace by the Customer in question.

As from the termination of the license, or as from the reimbursement by OsclassPoint of a Product, the Customer is responsible for immediately refraining from using the Product in question, to destroy it and to remove it from his IT system and all of his storage devices.

11. Personal data

The information regarding collection and processing of personal data are detailed in our Personal Data Protection Policy.

The Merchant acknowledges and agrees to comply with the applicable legislation in terms of personal data protection, namely the European General Data Protection Regulation (The GDPR) no. 2016/679 with regards to the Merchant’s Classifieds’s clients.

As such, the Merchant is responsible for ensuring the Classifieds complies with the applicable legislation and providing a sufficient level of protection for personal data collected through it.

The Merchant particularly agrees to (but is not limited to) inform Classifieds clients of the intended use of their personal data, set up technical and organizational data protection measures and comply with opt-in mechanisms for marketing emails.

For more information about the obligations set out in the GDPR, Merchants are invited to read the text available here.

Once Merchants have downloaded Vendor Products, they are responsible for contacting the Vendor to check if the Products collect personal data and, if so, to determine their various categories.

Within the framework of the Services on Products developed by OsclassPoint, the realization of the After Sales Service may require, on a case-by-case basis, that OsclassPoint accesses some personal data of the Customer's Classifieds.

Upon prior acceptance of the Customer, OsclassPoint may operate on the Classifieds and have access to the Back Office, the FTP server or the Customer's database.

In these conditions and when the Customer has validated the intervention of OsclassPoint, the intervention and the access to the personal data is framed by the contract of subcontracting of personal data reproduced in Appendix 2 of these Terms and Conditions that the Customer acknowledges having accepted.

12. Liability

Under no circumstance, OsclassPoint shall be held liable to repair a damage of a direct or indirect nature related to the Connectors download and the use of the Partners services.

Under no circumstance, OsclassPoint shall be held liable to repair a damage of an indirect nature, including but not limited to: a malfunction or a permanent or temporary alteration of the Classifieds, in particular following the installation of a Product, a loss of income, a loss of customers, undermining of its image or reputation, downloading of a virus, loss or fraudulent appropriation of data, etc.

IN ANY EVENT AND NOTWITHSTANDING THE CAUSE, THE LIABILITY THAT OSCLASSPOINT MAY INCUR IN ANY FORM WHATSOEVER IN RELATION TO THE PURCHASE, DOWNLOAD OR USE OF PRODUCTS AND/OR THE PROVISION OF SERVICES, MAY NOT, EXCEPT IN THE CASE OF ANY FRAUDULENT MISREPRESENTATION OR WILLFUL MISCONDUCT, EXCEED THE UNIT PRICE OF THE PRODUCT, EXCLUDING TAXES, OR THE SERVICE FOR WHICH THE LIABILITY OF OSCLASSPOINT IS SOUGHT.

Notwithstanding the foregoing, the liability of OsclassPoint shall be excluded in the following cases:

  • Use of a Product that was not downloaded from OsclassPoint Product and/or that was not subject to an actual payment
  • Malfunction of the download of Products related to the configuration or performance of the Customer’s workstation or his Internet connection
  • Malfunction of OsclassPoint Marketplace related to the curative or evolutive maintenance operations of OsclassPoint Marketplace
  • Modification by the Customer of the Product without the consent of its author and the holder of the related intellectual property rights
  • Failure by the Customer to use the most recent version of Product
  • Lack of communication by the Customer of the elements necessary for resolving the difficulties that he may encounter when using a Product or during the provision of Services
  • Error in entering the information mentioned in the Customer’s Account
  • Default by the Vendor, whether it be financial (insolvency) or physical (demise). OsclassPoint shall not guarantee the continuation of the Vendors’ commercial activity to their Customers;

13. Combat against counterfeit

In a global approach for the combat against counterfeit on the Internet, the Customer undertakes to ensure that the content of his Classifieds is in compliance with the applicable legislation, not to harm third party rights, and not to offer for sale counterfeit goods.

He declares that he is not the subject of any infringement action or otherwise.

The liability of OsclassPoint may not be incurred in the event of sale of the objects that are the result of the counterfeit by one of its Customers.

14. Force majeure

OsclassPoint may suspend OsclassPoint Marketplace if an event independent from its control occurs, or in a case of force majeure or due to a third-party act.

It is agreed that legal and statutory changes, fires, storms, floods, strikes in or outside of OsclassPoint, diseases, electrical surges and shocks, cooling system and IT equipment failure, bottlenecks, and slowdowns of electronic communication networks, bugging and hacking, and more generally any event that cannot be foreseen and that goes beyond OsclassPoint’ s control shall be deemed cases of force majeure.

15. Agreement on evidence

The information that is listed (i) in the Customer’s Account, in particular the information relating to downloads, and (ii) the correspondence exchanged between the Customer, OsclassPoint or the Vendors via the messaging tool made available by OsclassPoint, shall be considered as having probative force between the Parties.

The digital registers stored in OsclassPoint’ s systems in accordance with industry security standards are considered as proof.

By way of an agreement on proof, the Customer acknowledges the probative value of the following:

  • The download number accounting system
  • Information communicated through the Account, and
  • Exchanges between Vendors and Customers through the Account and Middle Office

This evidence will constitute proof of the transactions and contractual relations between the Vendor and the Customers on the one hand and between OsclassPoint and the Customers on the other.

Consequently, the Customer is informed and agrees to copy OsclassPoint in on correspondence between the Customer and Vendors using the OsclassPoint Marketplace messaging tool.

16. Governing Law – Jurisdiction

The T&C are exclusively governed by Slovak law.

Any dispute which may arise from the interpretation or performance hereof or which could be the continuation or consequence, shall prior to any court or arbitration proceedings, be subject to mediation by a mediator referred to by the more diligent party. If the mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the Trnava commercial court, notwithstanding multiple respondents, or third-party appeals.

17. Partial invalidity

In the event that, for any reason, all or part of these General Terms and Conditions should be canceled, the other provisions shall remain in full force, except if that clause declared void concerning the essential obligation of the contract.

18. No waiver

The fact that either of the parties is not required to enforce one of the provisions of these General Terms and Conditions cannot be construed as a waiver of said clause.

19. Interpretation

In the event of difficulty of interpretation between any of the sections and the content of any article, the sections shall be declared null and void.

20. Independence of the parties

The parties shall remain independent of each other. No provision in these GTCs is intended to or is for the purpose of creating a partnership, mandate, representation, or subordination between the Parties.

21. Entry into force

The present Terms and Conditions are modified on 12 January 2021, and come into force on 12 January 2021 for the Products and Services developed by OsclassPoint only.

 

APPENDIX 1: Financial conditions for the Services for each purchase of Products

I. Price of the Support Services on the Product Marketplace

The price of the Support Services is free for period of twelve (12) months from date of Product purchase. This means, Product itself includes Support Services for period of 12 months.

In case of renewal of the Support Services, the price of the service is fixed at thirty-five percent (35%) of the price of the Product alone set by the Seller for the entire Subscription Term.

This price is applied for a period of 12 months only. At the end of the 12 months, in case of renewal of the current subscription, the price of the Services for the following years will again be set at 35% of the price of the Product only.

If the price of a Product changes, the price charged for the Services will change as well for Customers who purchased the Product.

II. Price of the Installation, Upgrade and Custom work Services on the Marketplace

The price of Installation, Upgrade and Custom work Services is listed on product page and is final.

This price is paid only once, these kind of Services are not covered by Support Services, hence not eligible for support.

 

APPENDIX 2: Contract for the subcontracting of personal data in the context of the Services provided by OsclassPoint

This personal data processing agreement applies to the processing by OsclassPoint of the personal data of the clients of the Customer’s Classifieds (hereinafter the "Data") on behalf of the OsclassPoint Customer in the context of the provision of the Services and especially the ASS (the "Services").

Together with the General Terms and Conditions of Products Customers and the Personal Data Protection Policy, it forms the set of conditions for the use of the Support that apply to all Customers.

Article 1. Object

The purpose of this contract (the « Contract ») is to define the conditions under which OsclassPoint - processor - undertakes to carry out, on behalf of the Customer - data controller - the data processing operations defined below.

Within the framework of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of Data and, in particular, the Regulation (EU) n°2016/679 relating to the protection of personal data.

Article 2. Duration of the Contract

This Contract shall come into force upon the Customer's subscription to the Services and shall terminate upon the termination of the subscription to the service.

Article 3. Description of the treatment

OsclassPoint is allowed to process on behalf of the Customer the Data necessary to provide the Services. The processing of Support Data consists of having access to the Customer's Classifieds Data, FTP access or access to the Customer's Classifieds database when performing a Services on behalf of the Customer.

This access is necessary for OsclassPoint to fulfil its contractual obligations towards the Customer and to provide the Services.

The persons concerned by this processing are the Customer's clients. OsclassPoint may have access to the following Data: the identification data of the customers (name, first name, postal address and email address, telephone number) as well as the data relating to possible purchases made on the Customer's site.

For the performance of the service covered by this Contract, the controller shall provide the processor with the necessary information in its Personal Data Protection Policy.

Article 4. OsclassPoint’s Obligation

4.1. Data processing

OsclassPoint undertakes to:

  • process the data only for the sole purpose(s) for which it is outsourced, as defined in Article 3 of this Contract.
  • process the data in accordance with the Customer’s documented instructions set out in the Annex to this Contract. If OsclassPoint considers that an instruction constitutes a breach of Regulation (EU) No. 2016/679 or any other provision of Union or Member State law relating to data protection, it shall immediately inform the data controller. In addition, if OsclassPoint is required to transfer data to a country outside the European Union, it must inform the Customer of this legal obligation prior to processing, unless the relevant law prohibits such information on important grounds of public interest

As such, the instructions given by the Customer are as follows:

  • For the provision of the Services
  • For the functionality of the Services
  • As documented in this agreement and in the General Terms and Conditions for Products Customers.

The Customer is informed that he/she may send written instructions if they are consistent with the Service.

  • to ensure the confidentiality of the Data processed under the Contract. In the event that OsclassPoint is legally required to disclose the Data to an authority, it will inform the Customer in advance, unless the law prohibits such disclosure on grounds of public interest.
  • ensure that persons authorised to process personal data under this Contract:
    • undertake to respect the confidentiality of the Data
    • receive the necessary training in the protection of personal data
    • Process the Data only for the purposes of the above mentioned processing.
  • take into account the principles of data protection by design and data protection by default in its tools, products, applications or services.

4.2 Subsequent subcontracting

OsclassPoint may use another subcontractor (hereinafter the "subcontractor") to carry out specific processing activities. For the live chat support, OsclassPoint uses the software "tawk.to", published by the company tawk.to inc. 187 East Warm Springs Rd, SB298 Las Vegas, NV, 89119.

In the event of further outsourcing, OsclassPoint shall inform the Customer of any changes concerning the addition or replacement of other subcontractors at least one month before the change, in order to give the Customer the opportunity to object to such changes, where OsclassPoint hires another sub-processor, OsclassPoint undertakes to ensure that the same obligations are imposed on such sub-processor as those set out in this Agreement, in relation to the protection of personal data and in order for such sub-processor to comply with the requirements of the aforementioned Regulation.

4.3 Data subjects of the treatments

Right to information of persons. It is the Customer’s responsibility to provide information to its customers affected by the processing operations at the time of collection of the Data.

Exercise of Individuals' Rights. To the extent possible, OsclassPoint will assist the Customer in fulfilling its obligation to comply with requests to exercise the Customer’s customer rights: right of access, rectification, erasure, and opposition, right to limitation of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).

The service is configured so that the Customer can respond to the requests of its customers.

4.4 Notification of violations of Personal data

The Supplier shall notify OsclassPoint of any Personal Data Violation within a maximum period of seventy-two (72) hours after becoming aware of it and by email.

This notification is accompanied by all relevant documentation in order to enable OsclassPoint, if necessary, to notify the Data Violation to the competent data protection authority.

The Supplier shall indicate, to the extent that the information is available, the following elements:

  • nature of the incident
  • date and time of the incident detection
  • Personal data impacted
  • measures directly taken to limit any further damage
  • date and time the incident ended
  • structural preventive measures for the future.

4.5 Assistance

OsclassPoint undertakes to assist the Customer, as far as possible, in order to ensure that it complies with its obligations regarding the above-mentioned processing operations concerning the performance of any impact assessment, the notification of data breaches, the exercise of the rights of Customer clients.

4.6 Data output

At the end of the Services relating to the processing of the Data, OsclassPoint undertakes to return all Data to the Customer or to the subcontractor designated by the Customer.

The return shall be accompanied by all existing copies in OsclassPoint’ s information system and shall justify the destruction in writing to the Customer, unless applicable law prohibits OsclassPoint from destroying the Data for a certain period.

In such a case, OsclassPoint undertakes to respect the confidentiality of the Data and to archive it in order to keep it as evidence, in particular.

4.7 Documentation

OsclassPoint declares that it keeps a written record of all categories of processing activities carried out on behalf of the Customer. OsclassPoint provides the data controller with the documentation necessary to demonstrate compliance with all of its obligations and to allow for audits by the Customer.

Article 5. Customer’s Obligation

The Customer undertakes to:

  • document in writing any instructions regarding data processing by OsclassPoint, if specific instructions need to be given
  • to ensure, in advance and throughout the processing, that OsclassPoint complies with the obligations set out in Regulation (EU) No. 2016/679 of OsclassPoint
  • supervise the processing, including carrying out audits and inspections at OsclassPoint
  • Notify any personal data breach subject to a legal obligation to notify the relevant supervisory authority

Article 6. Security Measure

OsclassPoint undertakes to put in place technical and organizational measures to ensure the security and confidentiality of the Data against unauthorized access, alteration, use, modification and disclosure in the course of providing the Services.

In this respect, OsclassPoint employees in charge of the Services are subject to an obligation of confidentiality.

Taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing, OsclassPoint and the Customer undertake to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

The Customer is responsible for the security of its Classifieds at all times.

Article 7. Liability

The parties acknowledge the sharing of their responsibilities towards OsclassPoint Clients, in accordance with Article 82 of Regulation (EU) No. 2016/679.

OsclassPoint acknowledges that the Supplier is only liable for damage caused by the processing if it has not complied with the specific obligations of subcontractors in the aforementioned regulations.

 

Last update: 12. January 2021