FIRMEO PRIVACY NOTICE

Firmeo respects your privacy and your right to control your personal data. This statement is intended to help you understand who we are, what personal data we process, how we use that personal data and the rights you have to control it and to protect your personal data. Because we are an internet company, some of the concepts below are a little technical, but we have tried our best to explain things in a simple and clear way. Please take the time to review our statement and the Privacy Policy and, if you have any questions, please contact us by e-mail at [email protected]

1. Background

The General Data Protection Regulation ("GDPR") is the biggest shake-up of data protection and privacy laws in the EU in decades and obliges companies to change the way they use personal data and ensures that you have greater control over how data is used by companies in today's technological world. Please take the time to read this statement in order to understand how we process the personal data that we may hold about you. We may need to update it from time to time, so please check regularly to stay up to date.

2. Who we are

www.firmeo.ro ("Our Site") is owned and operated by Kendall Enterprise Group SRL ("We / Us / Our"), a limited liability company registered in Romania under number 310431, with its registered office at Coasei no. For any questions regarding privacy or data protection, please send an e-mail to [email protected]. You can also call us on +40 724.169.966.

3. What we do

Firmeo provides subscribers with a platform for accessing accurate business data with global coverage and for focusing on hard-to-reach emerging markets, together with traditional territories.

4. Why we do it

Our mission is to enable companies to promote the right people in other organisations more effectively.

5. Legal processing

The General Data Protection Regulation sets out six legal bases for the processing of personal data. Of these, we have concluded that the most appropriate legal basis for the processing of personal data is our legitimate interest. Firmeo has a legitimate interest in processing data relating to the decision-makers in a company, identification data and financial information ("Turnover, Net Profit, Employees") in organisations around the world, including in Romania, because:

• Owing to the nature of our business and the size of our database, it is impossible to contact every individual to obtain their consent.
• The processing that we carry out is unlikely to affect the fundamental rights and freedoms of the individuals whose data we collect, store and make available to our customers. We have concluded that:

1. We process only information taken from the public domain that is specific to business-to-business (B2B) data, never personal data.

2. We provide business data to help our customers promote their offers to other companies.

3. It is in the interest of the individuals whose personal data we process that we keep information sound and accurate, so that businesses can better reach the most relevant business contacts – furthering the legitimate interests of the individual and of our customer.

N.B. for more information about our legitimate interest, please take the time to review Firmeo - GDPR READY.

• Firmeo informs you that, if you subscribe to and use www.firmeo.ro, we will rely on our contractual relationship to process personal data in order to provide you with any goods and/or services.
• If we rely on your consent in any circumstances to process your personal data, you can easily withdraw your consent at any time by contacting us at [email protected] or by using any unsubscribe mechanism provided.

6. The information that Firmeo holds and collects:

• Personal data relating to decision-makers and shareholders in companies. This type of data is limited to: names of directors and managers, job titles, company names, citizenship, business telephone and e-mail ("Business Data").
• We collect the details that you give us by completing forms, using the chat tools on our sites, or by telephone or e-mail. These include the information provided when you register to use our site or to subscribe to our service.
• If you contact us, we may keep a record of that correspondence.
• Details of the transactions you carry out through our site and of the fulfilment of your orders. Payment card information included. This is not stored for longer than is necessary to carry out transactions.
• Details of your visits to our site, including, but not limited to, traffic data, location data, weblogs and other communication data, whether required for our own billing or for other purposes.
• To support system administration and reporting, we may collect computer information, such as your IP address, when you sign up at www.firmeo.ro.

7. Cookies

We use cookies and other similar technologies to collect and store information about you when you visit or use our services. This may include information that is used to identify your browser and/or your device. This information helps us to offer you better, simplified experiences when you use our service. For more information, please read our Cookie Policy.

8. How do we use your data?

We use your information for several purposes, such as:

By giving our customers access to a database of accurate Business Data Records, designed to enable them to promote their goods and services through direct marketing to the right people (decision-makers, directors, etc.)

• Promoting your business so that it can be found when it is searched for
• By helping us to keep you informed at all times about changes to the platform, its content, our services, changes to policies and other important notices;
• We enable you to interact with features or tools on our platform, such as the live chat feature;
• Process any orders that you place using our sales team
• We offer you the services that we have and we offer new services; you will be informed by e-mail, on the web and by telephone.
• improving the user experience;
• Collect usage analytics and other statistics to improve features and functionality

9. What do we do with the data?

• Compilation and verification: Upon collection, Firmeo periodically tests the data it holds to ensure high levels of accuracy and validity. Using trusted partners, Firmeo updates and validates firmographic and technical information and combines this with the tested data to form a complete directory of Business Data.
• Security and storage: The security of your data is important to us. We have implemented security policies, rules and measures designed to protect the personal data under our control, both online and offline, from unauthorised access, improper use, unlawful or accidental alteration or destruction, and accidental loss. Offline, "users of personal data" are limited to those in our office. Only the employees of the Romanian companies have access to this information. Please note, however, that no transmission of data over the internet can be absolutely secure. While we strive to protect your data as best we can, we cannot ensure or guarantee the security of the information that you send or that we store. FIRMEO stores business data on the cloud platform and all personal data is encrypted at rest, including the underlying storage, automated back-ups, logs, read replicas and snapshots.
• Disclosure of data: Firmeo does nothing else with the business data that it holds other than to make it available to its customers. If such customers are outside the European Economic Area (EEA) and the data is transferred to them, we will take all reasonable steps to ensure that all personal data is treated securely and in accordance with applicable data protection laws. The data that we collect about you from our site will never be sold to a third party. In any event, we may access or disclose your data if this is required by law or by an authorised governmental body.
• Retention: It is critical for our business to be able to provide customers with accurate information. We will therefore keep your personal information for as long as it remains accurate and up to date, and we will remove the data if we confirm that it is no longer accurate or that you have asked us to restrict the processing of your data.

10. Other websites

Our site contains links to other sites. When you choose to visit those sites, we cannot accept responsibility for the content or information-handling practices of other sites. We encourage you to review the privacy policy or statement of each site before entering into transactions with the linked third-party site.

11. Your rights:

• Access: You may ask to see the personal data that we hold about you. This includes the right to obtain confirmation of whether we process your personal data;
• Rectification: You may ask us to correct any inaccuracies in the personal data that we hold;
• Right to be forgotten: From May 2018, in certain circumstances, you may have the right to be erased from our database (which means that personal identifying data must be deleted). In such cases, we will typically recommend that we suppress you from future communications, rather than delete the data;
• Restriction: in some cases, you may request that the processing of your personal data be restricted because there is some disagreement as to its accuracy or lawful use – for example, requesting that we not process your personal data for Firmeo purposes by keeping a single record of your data on a suppression list;
• Object: to state that you object to the processing of your personal data, if we rely on a legitimate interest as the legal basis for processing; and
• Portability: You may request that your personal data be transferred from us to another organisation.

12. Confidentiality

If you have any questions or comments about privacy, please contact us at [email protected].

13. To contact the regulatory authority, please see below dataprotection.ro

If we change our privacy policy, those changes will be made on this page.

ACCESS AND REGISTRATION

1. You must be 18 years of age or older to use this site.

2. You may browse many areas of the site without registering. However, if you wish to place an order, you will need to register or access the order form.

3. You must ensure that all information you provide when you register or place an order is true, accurate, current and complete in all respects.

4. If your registration details change, you must update them in the My Profile section.

5. The login details for each registration are to be used by one user only. Please do not share your login details or allow access by Authorised Users to any other person, as you will be held responsible for all activities that occur under these passwords and/or accounts, with or without your knowledge.

6. If you notice any improper or unauthorised use of your login details, including those of Authorised Users, you must immediately inform Firmeo by sending an e-mail to clienț[email protected]

CONTENT AND SERVICES AVAILABLE ON THE SITE

1. Firmeo provides access to company databases for a fee. You may purchase this content at the prices indicated on the Site. Any rights not expressly granted in these Terms are reserved.

2. If you wish to use our content in any way that is not expressly permitted in these Terms below (including, but not limited to, making it available through an intranet or extranet or through a mobile device), you must first request written permission from us. Firmeo may grant or refuse permission for such use at its discretion.

CONTENT FOR PURCHASE

1. Permission to use purchased data selections

- When you purchase any of our services/products in digital form, what you are buying is the right to use them (or extracts from them) for your own reference in connection with your business, only in the following ways:

• to view online;
• to download the data in the available electronic format;
• to store that content in electronic format on the drive of a hardware device; to print a copy of that digital content;

2. Restrictions on the use of purchased content

You may not use the content in any way not permitted in clause 4.5, in particular:

• You may not offer the content for resale.
• You may not scan, photocopy, fax or otherwise reproduce or copy the content.
• You may not share the content with anyone else.

ONLINE SERVICES

1. Firmeo provides access to data through online services.

2. Firmeo permits limited use and re-use of the content made available through our online services, subject to certain permissions and restrictions, as defined in these Terms. These permissions and restrictions are intended to strike a balance between the flexibility granted to Authorised Users in using and re-using Firmeo materials and, on the other hand, the restrictions necessary to protect the commercial interests of Romanian companies by preventing the creation of substitute products. For details of who may use this content and these services and how they may be used.

3. Firmeo provides telephone training and support to all Authorised Users from its international offices during normal Firmeo working hours.

4. Permission to use content accessed using the online service.

- When you pay for the online service, what you are buying is the right for an "Authorised User" to access and use the digital content available through that service (or extracts from that service) in connection with your business.

- "Authorised Users" are designated employees whose usual place of work is at the address of the company that you specify when placing the order. Once the order has been processed, our operators will contact you to obtain the name of the Authorised User and to provide the individual login details. In the course of performing their duties for your business, the Authorised User will be able to access the online service only in the following ways:

For internal use within your business:

• to browse and search digital content on the Site;
• to view online;
• to download and store copies of that digital content in an available electronic format;
• to print copies of that digital content and to make photocopies of those printouts;
• to make these printouts and photocopies available to other Authorised Users;

5. Restrictions on the use of content accessed through the use of the online service.

You may not use the content in any way not permitted above in clause 4.5, in particular:

• Except as expressly provided elsewhere in these Terms, you and/or any Authorised User will not knowingly permit anyone other than Authorised Users to use the content or services.
• Except as set out in clause 4.5 of these Terms, neither you nor Authorised Users may redistribute or make available to third parties any content or other part of a service available online.
• Neither you nor an Authorised User may remove, obscure or modify any copyright or other notices included in the content or services, or any metadata or digital rights management information that may be associated with them.
• Please note: If you are unsure about how Authorised Users are permitted to use our services and content in accordance with these Terms, please ask us by contacting your account manager.

ELIGIBILITY TO PLACE AN ORDER

1. To be eligible to place an order for content on the site, you must:

- place an order on behalf of your company and have the necessary authority to do so;

- register by providing your company's name, address, telephone number and contact details, in addition to your real name, e-mail address and other information requested;

- hold a valid credit or debit card issued by a card issuer acceptable to Firmeo (i.e. Visa, Mastercard or American Express).

2. Entering into a contract

Your order is an offer to buy from us. The following steps must take place before an online contract is concluded between you and Firmeo

• You place an order for content and/or any online services on the site
• You will see a confirmation on screen that your order is complete.
• Firmeo will also send you an e-mail confirming the content you have ordered and the total cost of your order.
• In respect of online services, Firmeo accepts your order and, therefore, the contract is concluded between you and Firmeo, when Firmeo makes the online services account available to users by Authorised Users.

PRICES AND PAYMENTS

1. The prices for the content and services displayed on the site do not include VAT or any equivalent sales or delivery tax.

2. You will find on your invoice the total cost of your order, with the price, VAT (if applicable) and delivery itemised.

3. Firmeo currently accepts payment by the following credit cards: Visa, Mastercard and Visa Electron. You confirm that the credit card you use to make payments to Firmeo is yours. You may choose to pay for any online services by invoice. If you choose to do so, you will be asked to provide a billing address and other contact details that Firmeo will use to invoice you. Firmeo will usually send you any invoices by e-mail to the e-mail address you provided for billing during the registration process.

4. Subject to credit card authorisation, Firmeo takes payment from your credit card after you have entered your payment details.

5. If you have asked to pay for the online service by invoice and we have not received the payment details / payment, Firmeo will contact you to let you know and to ask whether you wish to proceed with your order.

Returns policy

Online services

If use of the services has not begun, the user has the right to withdraw unilaterally from the distance contract within 14 days, without penalty and without giving any reason.

Databases according to customer specifications

In the case of products made to the user's specifications, the user does not have the right to withdraw unilaterally from the distance contract unless the parties have agreed otherwise.

ACCESSING PURCHASED ONLINE SERVICES

1. Accessing purchased content

- After you have submitted the order and your payment details have been confirmed (subject to any delays beyond Firmeo's control), Firmeo will send you an e-mail confirming your purchase and providing links to the content you have purchased.

- Your online account will be valid for 12 months and you must download the data within this period. If you have not been able to download the content within this time frame, please send an e-mail to clienț[email protected] and they will extend your access for a further 30 days.

2. Accessing the Online Services

- The Firmeo office in Arad will be responsible for providing online access to Authorised Users for any online services that you order. After you have confirmed your payment details (subject to any delays beyond Firmeo's control), Firmeo will contact you within two ordinary business days to obtain the names of the Authorised Users who have access to the online service(s) and the relevant access details.

- If you wish to increase the number of Authorised Users who access the online service or to extend the period during which Authorised Users have access to an online service, please contact Firmeo at clienț[email protected].

CANCELLATION AND BREACH

1. Cancelling an order

- Firmeo may refuse your order for any reason, in which case Firmeo will send you an e-mail to that effect. If the reason for refusing your order is that Firmeo cannot obtain authorisation for your payment details for any reason, Firmeo may invite you to pay by another method.

- If you agree to pay for any Subscription Services by invoice, Firmeo reserves the right to cancel any orders for them if, for any reason, payment is not processed within 30 days of the date of your order.

- Firmeo reserves the right to terminate any contract with you if your payment is not processed for any reason but you have nevertheless received the content or access to the services you ordered. In such a case, Firmeo may withdraw your right to use such content or services (as described above) and require you to delete or return such content, including content obtained through any services provided, as the case may be.

2. Termination of a contract for the Online Service

- You and Firmeo may terminate a contract for the online service with immediate effect by written notice to the other in any of the following events:

• if the other party commits a breach of any of these terms and fails to remedy the breach (if it is capable of remedy) within 30 days of notice from the other party, which specifies the breach in full and requires it to be remedied; or
• if the other party goes into liquidation, whether compulsory or voluntary (other than for the purposes of a bona fide reconstruction or amalgamation with the prior approval of the other party), or compounds or enters into arrangements with its creditors or makes a general assignment for the benefit of its creditors or has a receiver, administrator, administrative receiver or manager appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, changes its business, or if it undergoes any analogous process under any foreign law.

- Upon termination of an online services contract, access to those services by you or by Authorised Users will end.

- Termination does not affect any right to damages or other remedies that the terminating party may have in connection with the event giving rise to the termination.

- All Firmeo subscriptions are non-refundable. Customers are not entitled to any refund or credit for cancellation, partial use or non-use of the Service. All subscriptions renew automatically at the end of each term. The Customer must cancel the Service before the annual renewal date in order to avoid automatic billing of the subscription fees for the renewal term. Cancellations must be made in writing, sent to vânză[email protected]

AVAILABILITY OF ONLINE SERVICES

1. Firmeo will use all reasonable efforts to make the Online Services available to you and to Authorised Users at all times, other than for routine maintenance, and to restore access to those services as soon as possible in the event of interruption or suspension.

2. If the online service becomes unavailable for any reason, Firmeo will endeavour to provide the content available through that service manually by e-mail, fax or similar means. If the online service remains unavailable for more than 24 hours and the unavailability is not beyond Firmeo's control, access under these Terms will be extended for a period equal to the period of unavailability.

3. Firmeo reserves the right to carry out essential maintenance, software updates and other work necessary to keep the Site and any content or services provided through it running efficiently. If such work results in any online service becoming temporarily unavailable, Firmeo will give you at least two weeks' notice and will carry out the work on a Saturday or Sunday (GMT) whenever possible.

4. If access to content, services or any part of the site is controlled by the use of passwords, you and all Authorised Users will use reasonable efforts to ensure that Authorised Users do not disclose identification numbers, passwords or other login details to any third party. You and all Authorised Users will use all reasonable efforts to ensure that any unauthorised disclosure or use of passwords is reported to Firmeo as soon as you become aware of it.

5. In the event of unauthorised use of any Online Service, Firmeo may suspend or terminate access by any method it considers appropriate, at its discretion and without prejudice to any other remedy. In the case of suspension, this will continue until Firmeo is satisfied that the unauthorised use will not be repeated.

PRIVACY POLICY

- Firmeo takes privacy seriously. Please read the Privacy Policy to see what personal information Firmeo collects and how it handles that information.

LINKS

1. The Site may include links to third-party sites, such as useful research sites and promotional partners. Firmeo has not reviewed these third-party sites and does not control, and is not responsible for, these websites or their content or availability. Therefore, Firmeo does not endorse or make any representation regarding them or any material found on them or any results that may be obtained from their use.

2. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. In particular, any personal information that you provide to a third-party website will be handled in accordance with that third party's privacy policy, not Firmeo's, so please make sure that you read their privacy policy before providing personal information.

3. You may link to the Site from your own website, provided that:

• - the site is not loaded in frames on your site and is not otherwise passed off as your own content; and
• - your site or service does not misrepresent your relationship with Firmeo or present false information about

4. Firmeo reserves the right to withdraw permission to link at any time without prior notice.

AUTHORISED USERS AND USE OF THE SITE

1. Firmeo encourages your use of the Site and of our content and services on this site. However, Firmeo requires that your use of the site be lawful. Accordingly, you may not use the Site for any unlawful purpose and, in particular, you will not interfere with or disrupt the Site or the servers or networks connected to the Site, and you will comply with any requirements, procedures, policies or regulations of networks connected to the Site.

2. You agree to use all efforts to ensure that Authorised Users access and use the content and services provided by Firmeo only in accordance with the permitted uses and restrictions on use set out in these Terms, details of which will be made available to Authorised Users when they access any online services, and in accordance with any other applicable provisions contained in these Terms; and (ii) to take all reasonable steps within your power to ensure that no person, firm or other company other than an Authorised User accesses or uses any Online Services. For the avoidance of doubt, an Authorised User's acceptance of the permitted uses and restrictions on use set out in these Terms will not relieve you of any obligation or liability under these Terms.

INTELLECTUAL PROPERTY

1. You acknowledge that all copyright, basic trade mark rights, trade marks and all other intellectual property rights in the Site and in the content made available through the site will remain at all times the property of Firmeo or its licensors, who reserve all such rights.

2. At Firmeo's request and expense, you will do all things reasonably necessary to assist Firmeo in taking or opposing any legal action in connection with any breach of these rights.

3. For information on how you are permitted to use the content made available on the site, please see the permitted uses and restrictions on use defined above in these Terms.

CONFIDENTIALITY

1. The parties to any contract entered into under these Terms acknowledge that they or their employees may be exposed to, or may acquire, in the course of performing their responsibilities under these Terms, information that is confidential to each party or to third parties to whom they owe a duty of confidentiality ("Confidential Information"). The parties agree to hold Confidential Information in strict confidence and not to disclose it to any third parties or to use such Confidential Information for any purpose other than providing content and services to you and the Authorised Users, as provided by these Terms, and to make each of their employees who may be exposed to Confidential Information aware of their obligations to keep that information confidential. This provision will survive the termination of any contract entered into under these Terms.

2. Firmeo agrees that, without prior written consent, it will not represent, directly or indirectly, that any product or service provided by Firmeo has been approved by you. This provision will survive the termination of any contract entered into under these Terms.

3. We do not store credit card details and we do not share customer details with any third party.

WARRANTIES AND INDEMNITIES

1. Firmeo warrants that:

• that it has the permission of the original rights holders to allow you to use the content available through the site in accordance with these Terms.
• to operate the site and provide services through it with reasonable skill and care and to use reasonable efforts to correct any errors of which it is aware.
• that the content accessible through the online services, as well as the tools and other features made available through those services, will conform, in all material respects, to their respective descriptions as set out in the descriptions provided on the site. This warranty is subject to the qualification that the content and services on the site may be changed from time to time.

2. You agree to indemnify, defend and hold harmless Firmeo, its directors, officers, employees and licensors from and against any claims, liabilities, costs, damages or losses that Firmeo may suffer (including reasonable legal fees) or that Authorised Users who take action that impedes access to and/or operation of the Site may suffer, and/or any breach by you of your obligations under these Terms, including but not limited to any breach by you or by an Authorised User of the permissions granted under these terms.

3. Firmeo will indemnify and keep indemnified you and the Authorised Users from and against any damages, awards or penalties, including appropriate and reasonable legal fees, arising from any third-party claim of alleged infringement of copyright or any other proprietary right by your or an Authorised User's use of the content and services that we provide to you under these Terms.

4. The indemnity provided for in clause 16.3 is subject to the following provisions:

• It will not apply to any claim that relates to any modification, abstraction or other alteration made by an Authorised User to any content that we make available to you by any means.
• You must notify Firmeo immediately upon receipt of any allegation of infringement and must not make any admission or take any action without the Romanian companies expressing their written authority.
• Firmeo has the exclusive right to deal with any such claim and to defend its legal proceedings in respect of such claims at its own expense, including the right to compromise, settle or otherwise dispose of such claims.
• You will provide, at Firmeo's expense, such assistance in investigating and defending such claims as the Romanian companies may reasonably request. This indemnity will survive the termination of any contract entered into under these Terms.

EXCLUSIONS & LIMITATION OF LIABILITY

1. The only warranties given by Firmeo are those contained in clause 15.1.

2. Nothing in these terms will restrict any of your statutory rights or Firmeo's liability for death or personal injury resulting from the negligence of Romanian companies, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by applicable law.

3. The site is intended for information purposes only and, as such, no information provided on or through the site constitutes recommendations or endorsements.

4. Although the site is provided in good faith and Firmeo endeavours to ensure that the information on the site is accurate and complete, Firmeo cannot and does not guarantee the accuracy, integrity, quality or completeness of the content available through the Site or its usefulness for any particular purpose. Firmeo accepts no liability that may arise as a result of errors or incomplete information in such content.

5. Firmeo has no knowledge of or control over the purpose(s) for which the content and services available on the site are used. Firmeo excludes all liability for any loss of any nature suffered by you or by any of your clients or customers as a direct or indirect result of your use of any content or services available on the Site or of the New Materials that you or Authorised Users have created, or of making any business decision, or refusing to make such a decision, based wholly or partly on any data, expressions of opinion, statements or other information or data contained in the content or accessible through the services available on the Site.

6. If Firmeo fails or is unable to meet its obligations regarding accessibility and performance set out in these terms and Firmeo cannot remedy the problem within a reasonable time, your sole remedy for any breach of warranty is an extension of the subscription term of the relevant online service.

7. The content and services available on this site are provided on an "as is" basis. Firmeo excludes all other warranties, conditions or representations relating to the content and services, whether express, implied, oral or written, including any content that may be contained in any description, specification or proposal provided by Firmeo, through the Site or otherwise. This exclusion applies to all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Firmeo makes no promise as to the availability of the site and does not promise that delivery of our content to your Romanian companies will be uninterrupted, timely or error-free. In particular, Firmeo disclaims all responsibility in connection with any technical problems you may encounter with the Site, which may result in interruptions to the Site. Firmeo does not guarantee against any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, antibody, logic bomb or any other form of routine programmed to destroy or disrupt operation, including transmission resulting from the downloading of any content, the software you use to download the content, or the site or server that makes it available. In this regard, you agree that it is your responsibility to install appropriate antivirus and security software on your computer hardware and other devices to protect yourself against such errors, viruses or other harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from the downloading of such content. All such implied provisions are therefore excluded to the fullest extent permitted by law.

8. To the maximum extent permitted by law, Firmeo will not be liable for (i) loss of data; use; reputation; goodwill or opportunity; (ii) any loss or failure to realise anticipated profits, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iii) any indirect, special, incidental, punitive or consequential damages or losses that you may suffer, whether or not related to the downloading, purchase or use of, or the inability to use, the Site or any other content or services, and, in each case, in any event.

GENERAL PROVISIONS; CHANGES TO THESE TERMS AND THE SITE

1. Firmeo may change these Terms at any time by sending you an e-mail with the amended terms or by posting a copy on the site. Any changes will take effect seven (7) days after the date of the e-mail or the date on which Firmeo displays the amended Terms on the Site, whichever is earlier. Continued use of the site after the expiry of this period means that you agree to comply with the amended Terms.

2. To ensure that you are aware of the most up-to-date version of these Terms, you will be required to read and accept these Terms each time you place an order. Firmeo also recommends that you print and keep a copy for your records. To print, press CTRL + P.

3. Firmeo reserves the right to:

• to amend at any time all or any parts of the Site and the details displayed on it (including content and prices);
• to make changes from time to time to all or any parts of any online service (including any content accessible through that service), provided that the functionality and performance of the Subscription Service and the general content made available are not materially and adversely affected from your perspective by such changes. These changes may take the form of adding, removing, correcting or editing content, or migrating it to a different format. In addition, these changes may be made for legal, editorial or other reasons;
• To put in place appropriate technical protection measures to control access to any or all of the Subscription Services and/or the use of any content on the site in accordance with these terms, provided that no such measure adversely affects the rights of Authorised Users under these Terms.

4. Mission

- You may not assign, sub-license or transfer all or any part of your rights or obligations under these Terms without the prior written consent of Firmeo.

5. Force majeure

- Occasionally, Firmeo may be unable to perform its obligations under these Terms due to circumstances beyond its reasonable control. In such situations, including, but not limited to, system failure, fires, floods, earthquakes and other physical disasters, strikes, trade disputes, lock-outs, riots, accidents and power supply interruptions, the inability or delay in performing obligations will not be considered a breach of contract.

6. Representations

- Each party acknowledges that, in accepting these Terms, it has not relied and does not rely on any statements or warranties (express or implied) other than those specified in these Terms, and the parties irrevocably and unconditionally waive any rights they may have in respect of any other such representation or warranty, except in cases of fraud.

7. Voidability

- if any of these provisions is held to be invalid, unlawful, void, unenforceable or in conflict with the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions.

8. Entire agreement

- These terms govern the relationship between Firmeo and you and therefore constitute the entire agreement between Firmeo and you and the Authorised Users in connection with your use of the site and of the content made available through the site.

9. Waiver

- If you breach these terms and Firmeo chooses to overlook the breach, Firmeo will still be entitled to exercise the rights and remedies available to it at a later date or in any other situation in which you breach the Terms. Any waiver by Firmeo of any provision of these Terms will not be deemed a waiver of any other provision of these Terms.

10. Exclusion of third-party rights

- These terms do not create any right enforceable by any person who is not a party to them.

11. Governing law

- Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of Romania.

ADVERTISEMENTS

All notices required or permitted under these Terms will be provided, in writing, by Firmeo to the address and/or e-mail address provided by you at registration or, where provided by you, will be sent in writing to our postal address set out in clause 24 below, using a internationally recognised express courier service.

COMPLAINTS

If you have any complaint, please contact us by e-mail at [email protected] or by post (at the address below), and Firmeo will do its best to resolve these issues

CONTACT Firmeo

The site is owned and operated by Kendall Enterprise Group SRL, Trade Register no. J2/1160/2014. Address: Str. Coasei, Nr. 3 Arad, 310101, Romania

• Telephone: +40 724.169.966
• Fax: +40 357.732.010
• E-mail: [email protected]

ATTENTION

Do NOT use browsing accelerators on this site! Programs that browse without human intervention (scripts, robots, etc.) may unnecessarily consume or block your access rights.

We will use your personal data for the following purposes:

1. For the provision of our service

Processing your order and providing the products and services you want

• To process the products and services that you have purchased from us, and to keep you informed about the progress of your order;
• To provide you with the relevant products or services. This includes other services that are not included in your contract with us, services that use information about your location, and contacting you with messages about changes to products or services.

Billing and customer relations

• To invoice you for the use of our products and services, or to deduct the corresponding amount from your credit;
• To contact you if the billing details that you have provided to us are about to expire or we are unable to collect payment;
• To respond to any questions or concerns that you may have about our network, products or services.

Service messages

• We will contact you with customer service messages to provide you with up-to-date information about our products and services, for example, regarding changes to our terms and conditions or the interruption of certain services.

2. To improve the services we offer you

Improvements and innovations to our products and services

• We collect anonymous, non-identifying or aggregated information for the purpose of improving the services we offer to everyone. None of this analytical data can lead to your identification.

Administering our servers and understanding how the network is used

• To protect our servers and manage the volume of messages, texts and other uses of our networks. For example, we identify peak periods of use, in order to try to ensure that the servers can cope with the volume at those times;
• To understand how our servers, products and services are used. This allows us to analyse, develop and improve these platforms, products and services, to develop more interesting and more relevant products and services, and to personalise our products and services.

3. Marketing and personalisation of the services we offer you

Marketing

• As a customer of ours, if you have given your consent, we will keep you generally up to date on new products and services, send you newsletters or white papers, invite you to take part in a study or inform you of offers, promotions, prize draws or competitions. We personalise these messages based on the types of products and services that you have purchased from us.
• We may personalise these messages to an even greater extent by using your call and messaging activity, location and browsing information, if you have authorised us to process this information for this purpose;
• If you have given us permission, we will also contact you to inform you of the products and services of Kendall Enterprise Group, of the companies in the Kendall Enterprise Group and of other companies that we believe may interest you, unless you opt out of receiving such marketing messages from us;
• We will contact you by post, online, by telephone or by push notifications through our applications. We may contact you through our partners, but they will be authorised to process your personal data only on behalf of Kendall Enterprise Group S.R.L. and in accordance with our policies;
• You can control your marketing permissions and the data we use to personalise these communications at any time by visiting the Your data protection settings section on our site www.firmeo.ro or by contacting us firmeo.ro.

Online advertising

• In order to deliver advertising that is relevant to you, you will also see targeted online advertising based on the use of cookies. This is known as interest-based advertising. It may be carried out on sites of the Kendall Enterprise Group, those of other organisations, and other online media such as social networking sites. We may also combine data collected through cookies with other data that we have collected. If you do not want any information to be processed through the use of cookies, please check our Cookies section on the site <șpan style="color: red;">www.firmeo.ro. This explains how to control and opt out of accepting cookies.
• Please remember that opting out of interest-based advertising will not stop advertisements from being displayed – but they will no longer be tailored to your interests.

Research and analysis

We use various methods of analysis, including what is commonly referred to as "Big Data Analytics". Big Data Analytics is a mathematical analysis technique in which large and varied sets of data are used to discover hidden patterns and trends that had previously gone unnoticed. Within Kendall Enterprise Group, we attach particular importance to how Big Data is managed. Our data specialists must sign a Code of Ethics. We have a strict use-case procedure which requires privacy and data protection compliance checks to be carried out before any use case begins. We have strict rules which ensure that personal data is anonymised or stripped of identifying elements at the appropriate stage of the procedure.

We use analytics to:

• Market research and to carry out research and statistical analyses, including monitoring how customers use our networks, products and services, on an anonymous or personal basis;
• Providing reports to third parties (these reports do not contain information that could identify you as an individual). These may be provided to third parties, such as content providers and advertisers, or as part of the Analytics operations carried out by Kendall Enterprise Group.

4. Profiling

In some situations it will be necessary for us to profile you, for credit, fraud and security purposes.

Checks of financial standing and identity

• We will carry out a check of your financial situation when you request to enter into a contract with us for any products or services. We will ask you for financial and personal details, such as your current address or personal numeric code (CNP). We will also use specialised agencies that can provide us with information about your financial situation and that may retain a copy of our enquiry and of your request to enter into the contract. Any information that we hold about you could be linked with the data that we hold in connection with persons in your circle. Consequently, as part of the process, you could be considered to be financially linked with persons in your circle. If you do not want an enquiry to be made about a particular person in your circle and you are sure that such a financial link does not affect your request, please let us know.
• When we assess your request, we will use profiling and automated decision-making.
• We will use your personal data for the purpose of verifying your identity, to ensure access to your account and, in general, for the administration of your account.

Fraud prevention and security

• We will process data about your traffic for anti-fraud protection and fraud detection purposes, to protect our server networks and detect incorrect use or faults on our servers, to recover debts or to detect those who have not paid for the services used.

How we share personal data

Where applicable, we share information about you with:

• Partners or agents involved in the delivery of the products and services that you have ordered or used;
• Companies contracted to provide services for or on behalf of Kendall Enterprise Group S.R.L
• Subscriber directory providers, unless you have chosen not to be listed in those directories;
• Law enforcement agencies, government bodies, regulatory organisations, courts or other public authorities, if we have a legal obligation to do so or are authorised by law;
• A third party or a body, where such disclosure is necessary to comply with any applicable law or other legal or regulatory requirement;
• Emergency services (if you make an emergency call), including your approximate location;
• Third parties for joint promotions with that third party. They will be responsible for their compliance with applicable data protection laws;
• Partner organisations that we have carefully chosen in order to be able to contact you about their products and services (which may or may not include Kendall Enterprise Group products and services);
• Other third parties, where you have given your consent to disclosure for authentication and fraud prevention purposes.

Fraud management and law enforcement

• We will disclose information if this is justified in order to protect ourselves against fraud, to defend our rights or property, or to protect the interests of our customers.
• We may also need to disclose your information in order to comply with a legal obligation to respond to legal requests from authorities. Your personal data will be disclosed only when we consider, in good faith, that we are obliged to do so in accordance with the law and on the basis of an exhaustive assessment of all legal requirements.

Mergers and acquisitions

If we undergo a reorganisation or a sale to another organisation, we will pass your information to that organisation.

The third parties we work with

If you have purchased Kendall Enterprise Group products and services using a third party or a partner organisation, we often need to exchange information with them as part of managing that relationship and your account – for example, to identify your order and to make payment to those third parties or organisations.

If we have entered into a contract with a service provider or contractor to provide services to us or to provide a service on our behalf, and they may have access to your personal data, we do not authorise them to use or disclose your personal data except in connection with the provision of their services.

We collect and combine information in order to monitor your use of the products and services, as well as their use by our other customers, and to help us improve the quality of the products and services offered. We provide this information to third parties (for example, content providers and advertising agencies), but no such reporting to a third party will include information that can identify an individual customer.

Third-party products that you purchase through your Kendall Enterprise Group account

When you purchase a third party's product or service through your Kendall Enterprise Group account, you enter into the contract for that product or service with the party selling it. Kendall Enterprise Group merely includes the amount directly in your invoice, as part of its arrangement with the seller. As a party to this arrangement, you agree that Kendall Enterprise Group may pass certain personal data to the seller in order to complete your purchase from it.

As regards the way in which the seller uses your personal data, the seller's terms and conditions, as well as its data protection and cookie policies, will apply – please read them carefully.

International data transfers

Currently, our data is kept at our premises in Romania.

We may need to transfer your information to other service providers in countries outside the European Economic Area (EEA). The EEA is made up of the countries of the European Union, Switzerland, Iceland, Liechtenstein and Norway: these are considered to have equivalent laws in respect of data protection and privacy. This type of data transfer may take place if our servers (that is, the place where we store the data) or our suppliers and service providers are based outside the EEA, or if you use our services and products while visiting countries outside this area.

If Kendall Enterprise Group transfers your information to a country outside the EEA, we will ensure that your information is appropriately protected. We will always ensure that there is an appropriate legal contract covering the data transfer, in accordance with the standards approved by the European Commission (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en). In addition, if the country is considered not to have laws equivalent to EU data protection standards, we will require the third party to enter into a legal contract that reflects those standards.

Retention period of your personal data

We will store your information for as long as we are required to by law. If there is no legal requirement, we will store it only for as long as necessary.

Unless the law provides otherwise, we will generally process your data for the duration of a contract between you and Kendall Enterprise Group Romania, plus a period of three years from its termination.

Keeping your personal data safe

We have specialised security teams that constantly analyse and improve the measures we have adopted to protect your personal data against any unauthorised access, accidental loss, disclosure or destruction.

Communications over the internet (such as e-mails) are not secure unless they are encrypted. Your communications may pass through several countries before being delivered, because this is the nature of the internet.

We cannot accept responsibility for any unauthorised access or loss of personal data that is beyond our control.

We will never ask you to give us your secure, personal or account information through an unsolicited means of communication. You are responsible for keeping personal and account information safe and for not communicating it to other persons.

Our website may contain links to third-party websites. We are not responsible for the security and content of those third-party sites. Therefore, make sure that you read that company's data protection and cookie policy before using or placing personal information on their site.

The same applies to any third-party sites or content to which you connect using our products and services.

You may choose to disclose your data in certain ways, such as through social networking plug-ins (including those offered by Google, Facebook, Twitter and Pinterest) or by using third-party services that allow you to publicly post reviews or other information, and a third party could use that information.

Social networking plug-ins and social networking applications are operated by the social network itself and are subject to the terms of use and the data protection and cookie policies of those networks. You must make sure that you are aware of them.

Cookie Use Policy

How we use cookies

We use cookies to monitor what you have purchased from us and what actions you have taken on the site. Cookies also allow you to use services such as tracking an order you have placed, checking your account or receiving additional benefits.

Our cookies do not retain personal data such as your name or bank details. They only allow us to find out information after you have logged in, or help to link browsing information with your personal data when you choose to register for a service, white paper or newsletter.

For this, in some situations we use persistent cookies. We take the protection of your personal data seriously – we always monitor and improve the way in which we can protect it.

We have classified our cookies into the following categories, to make it easier for you to understand why we need them:

1. Performance – these are used to make our work on the site more efficient

2. Strictly necessary – these are used to analyse how our site works and how we can improve it

3. Strictly necessary – these are used to make our work on the site more efficient

4. Strictly necessary – these are used to exchange certain information with third parties with whom we advertise, in order to know how you arrived at our site. We may also use cookies to identify the parts of the site that you are interested in. We then use this information to show you advertisements and pages that we think may interest you, to personalise the way in which we communicate with you or to personalise the content of the communications that we send you. If you prefer, you can opt out of these. Personalising content means that it includes information that reflects the interest you have shown in the content of our pages or in offers or promotions that we think may interest you, and in order to improve the way we respond to your needs.

In addition, in some situations other companies in the Kendall Enterprise Group will add a cookie to show you advertisements and pages that may be of interest to you. Details of this, and of how you can opt out of them if you prefer, can be found in the "Third-party cookies" section of this page.

Cookies allow you a better experience of visiting our site, and some of them are necessary for its proper functioning. We use cookies to:

• Protected access to confidential data in the firmeo.ro portal
• Improving response time when accessing pages on the site
• Access to the online shop
• Access to dynamic information on the site (cost control, loyalty points, etc.)
• Recording browsing preferences on the Personal or Business section of the site
• Access to protected sections of the site. The cookie is generated after authentication in order to verify session expiry
• Identifying users' browsing path on the site in order to display opinion polls
• Displaying personalised content appropriate to a user's role and rights
• Analysis of visitors, with a view to improving the experience on the site. With the help of Adobe Analytics, we collect anonymous data about visits to our site
• Managing, optimising and personalising push notifications and sending them to users
• Identifying a user's pending offers
• Recording the user's cookie consent on first access to the site
• For authentication. When you log in to this site, we generate a cookie that tells us whether you are logged in. Our servers use these cookies to show us the account with which you are logged in and the permissions that you have for certain services
• Access to the Firmeo Forum
• Temporarily recording content previously viewed by the user, in order to display relevant content as they continue browsing
• Displaying opinion polls

How we use cookies

To make an online purchase or to subscribe to services, you must have cookies enabled in your internet browser. The most popular browsers are:

• Google Chrome
• Mozilla Firefox
• Internet Explorer
• Safari
• Opera

If you choose not to enable cookies, you will be able to browse our site, but you will not be able to make online purchases, you will not be able to access firmeo.ro and you will not be able to pay an invoice online.

Third-party cookies

First-party cookies come from the same domain as the site you are visiting at that moment (in this case, www.firmeo.ro).

Third-party cookies come from a domain different from the site you are visiting. For example, when you visit our site, we may include a link to another company's site – such as our Facebook or Twitter account, or a video from our YouTube page.

Therefore, when you 'Like' or post a 'Tweet' about a phone on our site, those sites may sometimes place cookies on your computer. We do not control how they use their cookies, so we suggest that you check their sites to see how they use them and how you can manage them.

Affiliates in the Kendall Enterprise Group with a different domain name may also place cookies on our site, in order to show you advertisements or pages of other companies in the Kendall Enterprise Group that may be of interest to you. Details of these affiliates – and how to opt out from them – are included below.

The third parties that may place cookies on our site are the following: Google, Facebook, Ln. We use these cookies to:

• To distinguish between different users for the purpose of displaying advertising on the site
• To deliver, measure and improve the relevance of advertisements
• To record a user's opt-out from the display of advertising
• To open a destination in the app, upon installation
• Personalising advertisements on Google Search (most recent searches, previous interactions with advertisements or search results, and the user's visits to the site)
• Advertising that Google serves on the web
• Measuring interactions with advertisements on the placed domain and preventing them from being displayed too frequently
• To determine how many times a user has clicked on an advertisement and purchased a product

Cookie control

You can control from your browser how you use cookies.

Google Chrome

1. Click on the menu button (three horizontal dots) located at the top right of your browser window and select "Settings", then "Show advanced settings".

2. Locate the heading "Privacy" and select "Content settings"

3. Now select "Allow local data to be set"

Mozilla Firefox

1. Click on the menu button (three horizontal bars) located at the top right of your browser window and select "Options"

2. Then select the "Privacy" icon

3. Click on "Cookies", then select "Allow sites to set cookies"

Microsoft Internet Explorer 11

1. Click on the "Settings" icon (which looks like a cogwheel) located at the top right of the browser window and select "Internet options", then click on the "Privacy" button

2. Make sure that the Privacy level is set to Medium or lower, which will allow cookies in your browser.

3. Setting the privacy level above Medium will disable cookies.

How you can check whether cookies are enabled on devices running the Mac operating system

Safari on OS X

1. Click on "Safari" at the top of the browser window and select the "Preferences" option

2. Click on "Privacy"

3. Select "Allow from websites I visit"

Your rights

The right to rectification of personal data

You have the right to rectify the data held about you if it is incorrect. If the data that we hold about you needs to be updated or if you believe that it may be incorrect, you can log in to firmeo.ro to update them (Log in > My Account) or you can contact our Customer Relations team.

The right of access to personal data

You have the right to request a copy of the personal data that Kendall Enterprise Group holds about you. To make this request as an individual or as an authorised third party, please use the support form on our site, www.firmeo.ro. Alternatively, you can contact the Customer Relations team.

The right to data portability

You have the right to take with you the data that you have provided to us, in certain circumstances. For example, Kendall Enterprise Group ensures that you can take your data by allowing you to download your monthly invoices with a single click, in the format of your choice. To do this, you must log in to firmeo.ro and go to the billing section. Certain specific applications and services allow you to extract information stored by the user in the cloud and reseller services offered by Kendall Enterprise Group.

The right to object to the use of personal data

In certain circumstances, you have the right to object to Kendall Enterprise Group's processing of your personal data.

To stop receiving marketing messages:

If you no longer wish to receive marketing messages from Kendall Enterprise Group about our services and products and/or those of our partners, you can opt out of all marketing communications or only of selected methods (e-mail, SMS, MMS, telephone or post).

There are various methods of opting out of receiving marketing messages:

• Go to dzb.ro the Data Protection Settings section to manage your own permissions; the Data Protection Settings menu will also give you the option to opt out of, or subscribe to, personalised marketing.
• Contact your Customer Relations team
• Send an e-mail to clienț[email protected] for instructions.
• Click on the link at the end of a marketing e-mail or text to unsubscribe;
• Tell the consultant if you receive a marketing call;
• Disable push notification messages, including marketing messages, at any time in our applications or by changing your device's notification settings or by uninstalling the application;
• Send an e-mail using the support form on our site, www.firmeo.ro..

Opting out of marketing messages does not mean that you will no longer receive service-related messages. You will continue to receive these (unless we have indicated otherwise).

To opt out of marketing messages from other companies in the Kendall Enterprise Group, please contact them directly.

For managing cookies and for a better understanding of what they are:

Would you like to disable a cookie or to understand more about their nature? See the Cookies section on our site www.firmeo.ro for full details on this.

To object to other processing carried out on the basis of our legitimate interests:

Please contact our Customer Relations team or send us an e-mail using the support form on our site, www.firmeo.ro.

How to make a complaint

If you wish to contact us about any of your rights or to make a complaint about the way we use your personal data, please contact our Customer Relations team or send us an e-mail using support form on our site, www.firmeo.ro. We will make every effort to help, but if you still have complaints, you may contact the National Supervisory Authority for Personal Data Processing (Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal, ANSPDCP) – the contact details can be found at dataprotection[.]ro

The right to restrict the use of your personal data

If you believe that the data we hold about you is incorrect or that we should not process your data, please contact our Customer Relations team to discuss the rights you have. In certain circumstances, you will have the right to ask us to restrict processing.

The right to erasure

Kendall Enterprise Group aims to process and keep your data only for as long as is necessary. In certain circumstances, you have the right to ask us to delete the personal data that we hold. If you believe that we keep your data for longer than necessary, it would be best to check first with the Customer Relations service whether your contract with Kendall Enterprise Group has ended. If it has ended, we may still have a legal basis for processing your personal data (for further information on retention periods, see the section Retention period of your personal data).

Who we are

We are Kendall Enterprise Group S.R.L. Notice on the processing of personal data:

• "we/our" means Kendall Enterprise Group S.R.L.;
• "third party" means anyone other than us or you;
• "Firmeo platform" means Kendall Enterprise Group S.R.L.

Our registered office is located at Str. Coasei, Nr. 3, 310431, Arad, Romania. We are registered in Romania under no. J2/1160/2014 under the name Kendall Enterprise Group S.R.L.

Our telephone number is: Landline: +40 371.016.870, Mobile: +40 770.100.333, Fax: +40 357.732.010, or you can send us an e-mail using the support form on our site www.firmeo.ro.

How you can contact us

Your opinion is important to us – if you have questions about the Notice on the processing of personal data, you can send us an e-mail using the support form on our site www.firmeo.ro. You may contact the data protection officer directly by e-mail at [email protected] or by post or courier at Str. Coasei, Nr. 3, 310431, Arad, Romania, addressing your correspondence to the attention of the data protection officer.