Evolution360 A/S
Vesterbrogade 149
1620 Copenhagen K Denmark and The Client
Evolution360 A/S supplies a full-service solution comprised of web analytics tools that allow the Client to gain insight into the users (individuals and companies) that visit and use the Client’s websites and online social media.
The Client wishes to use Evolution360 A/S’ system. For this purpose, Evolution360 A/S shall receive non-sensitive personal data, including names, postal addresses, e-mail addresses and phone numbers.
This Agreement describes Evolution360 A/S’ and the Client’s obligations with a view to meeting the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding Data Processing Agreements (known as GDPR).
The Parties have entered this Agreement in connection with the Parties’ entering into an agreement regarding the Client's use of the Evolution360 A/S product, Evolution360 A/S (”the General Agreement”). This and the General Agreement are interdependent and cannot be terminated separately. However, if this Agreement is replaced by another valid data processing agreement, there is no reason to terminate the General Agreement.
By agreement with the Client, Evolution360 A/S shall process personal data for the Client with a view to meeting the objectives stated in section 1. Evolution360 A/S may therefore solely process personal data that is necessary in order to supply the services stipulated in the General Agreement.
The Client is the Data Controller responsible for the personal data submitted to Evolution360 A/S. The Client is responsible for ensuring that Evolution360 A/S is permitted to process any personal data that is submitted to Evolution360 A/S.
The Parties agree that Evolution360 A/S is the Data Processor responsible for processing the personal data on the Client’s behalf. As Data Processor, Evolution360 A/S has the obligations assigned to a Data Processor in pursuance of the GDPR.
Evolution360 A/S shall process the personal data only on documented instructions from the Client, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by EU or Danish law; in such a case, Evolution360 A/S shall inform the Client of that legal requirement before processing, unless the law prohibits such information on important grounds of public interest.
Evolution360 A/S shall ensure that any person who acts under the authority of Evolution360 A/S and has access to personal data shall not process those data except on instructions from Evolution360 A/S and that such a person has committed himself/herself to confidentiality.
Evolution360 A/S shall take technical and organisational measures to prevent accidental or unlawful destruction, publication, loss, impairment, or unauthorised disclosure, misuse or other use in contravention of legal requirements. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, Evolution360 A/S shall, where relevant, implement the following measures (this list is not exhaustive): (i) the pseudonymisation and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (iii) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, and (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
Evolution360 A/S shall immediately inform the Client of a personal data breach of data processed on the Client's behalf.
Evolution360 A/S may not avail itself of the services of a Data Subprocessor except with the prior specific or general consent of the Client in writing. If general written consent is issued, Evolution360 A/S shall notify the Client of the planned engagement of additional or replacement of Subprocessors and thereby give the Client an opportunity to object to such changes.
If Evolution360 A/S transfers the processing of personal data for which the Client is responsible to a Data Subprocessor, Evolution360 A/S shall enter a Data Processing Agreement with the Data Subprocessor to ensure that the Data Subprocessor is subject to the same obligations as Evolution360 A/S is subject to in pursuance of this Agreement.
Taking into account the nature of processing, Evolution360 A/S shall as far as possible assist the Client by implementing appropriate technical and organisational measures to ensure that the Client complies with his obligations with regard to responding to requests to exercise the rights of natural persons.
Taking into account the nature of the processing and the data available to Evolution360 A/S, Evolution360 A/S shall assist the Client in adhering to the latter’s obligations established in the GDPR regarding security of processing (Article 32), notification of a personal data breach to Datatilsynet (The Danish Data Protection Authority) (Article 33), communication of a personal data breach to the data subject (Article 34), a data protection impact assessment (Article 35) and prior consultation with Datatilsynet (The Danish Data Protection Authority) (Article 36).
Evolution360 A/S shall provide the Client with all the information required to prove compliance with this Agreement and shall allow for and contribute to audits, including inspections, conducted by the Client or another auditor mandated by the Client.
Evolution360 A/S reserves the right to charge the Client per hour for any work done in connection with sections 6.1-6.3.
Evolution360 A/S reserves the right to charge the Client per hour for any work done in connection with sections 6.1-6.3.
1.1. These terms and conditions are applicable to the services supplied by Evolution360 A/S. They apply to any agreement reached between Evolution360 A/S and the Client. Any deviation from these terms and conditions shall be made as a written agreement between the Parties.
The services comprise a subscription to the Evolution360 A/S product, including web-based analysis tools: Web leads B2B, Web analytics, SMART tracking, Social Media integration, Advertising integration, Reporting and SEO Rank.
The Client may change subscription package on “Account” on the Evolution360 dashboard at any time. If the change is to a smaller subscription, this shall come into force from the next payment period. If the change is to a larger subscription, this shall come into force immediately.
When purchasing a Medium or Premium subscription, the Client agrees to the installation of a script on the Client’s website. The Client is aware that full Evolution360 A/S functionality depends on installation of this script.
The Agreement between Evolution360 A/S and the Client comes into force when the Client chooses a subscription and invoice method on “Account” on the Evolution360 A/S dashboard, and then enters the required invoice data. The Subscription Agreement is binding once the Client has completed payment.
The Agreement is binding for both Parties until terminated at notice in accordance with the termination conditions.
Evolution360 A/S is not liable for any inconvenience and losses, indirect losses, including operating losses, loss of revenue, futile costs incurred in connection with services supplied or claims raised by a third party discovered or occurring in consequence of a delay to or an error or fault in Evolution360 A/S’ delivery.
Evolution360 A/S cannot vouch for services supplied by a third party. For example (the list is not exhaustive), Evolution360 A/S is not liable for any divergence from standard terms and conditions regarding the use of e.g. search engines, Google Ads and online social media. Evolution360 reserves the right to make changes in accordance with any such divergences, to ensure compliance at all times with conditions applicable to the use of any search engine/social medium.
Evolution360 A/S is not deemed responsible for downtime on diverse websites, including search engines and online social media.
Evolution360 A/S is not responsible for any failure to identify enterprises via IP networks.
Evolution360 A/S is not responsible for a situation in which visitors to the Client’s website cannot be identified, including when access is achieved via direct, organic and referral marketing channels.
Evolution360 A/S is not responsible for a situation in which the statistical data reported by online marketing channels and social media, including although not limited to Facebook, Google, Bing, LinkedIn, Instagram, Pinterest and YouTube, are incorrect.
Evolution360 A/S is not responsible for statistical data reported by Google Analytics.
Evolution360 A/S cannot guarantee that SEO Rank data reports reflect the Client’s actual ranking. The Client is aware that the Client’s search engine rankings depend on a series of variables.
Services and subscriptions are payable for a one-month or one-year subscription period in advance, unless otherwise agreed.
The prices applicable at any given time are shown on Evolution360.com
The subscription price is the list price at any given time, unless explicitly agreed to the contrary. The subscription price at the time of commencement of this agreement is as stated in the electronically signed Agreement (see section 3.1. of these terms and conditions).
All prices are ex Danish VAT.
In the contract period, the Parties may agree that Evolution360 A/S will supply additional services. The hourly rate for such work is DKK 1500 ex Danish VAT, unless the Parties reach a separate agreement to the contrary.
In the event of failure to pay by the due date, Evolution360 A/S reserves the right to withdraw access to Evolution360 A/S and to refuse any further work on the Client’s behalf. Evolution360 A/S is not obliged to supply services in a period, during which the Client remains in arrears.
The Client shall disburse Evolution360 A/S for any outlays Evolution360 A/S may make on the Client’s behalf.
Depending on the Client’s choice of subscription, the Agreement is irrevocable for a period of either 1 or 12 months from the commencement date, unless explicitly stated when entering the agreement. See also section 3.1. The contract period will be stated on the approval page, i.e. where the Client approves the terms and conditions of trade.
The Client is at liberty at any time to check agreement status, including the contract period by logging on to the Client’s personal Evolution360 A/S account. If necessary, the Client can erase, replace and renew credit and payment cards on the same page.
Subscription invoices will be sent via e-mail. Invoices are also available via the Client’s personal Evolution360 A/S account (described above).
The Client shall give notice of termination no later than the penultimate day of the subscription period. If the Client gives notice of termination later than the penultimate day of the subscription period, the Agreement is automatically extended by either 1 or 12 months.
Evolution360 A/S is entitled to terminate the agreement at three months’ notice, including termination of one or more individual tools covered by the Agreement. If Evolution360 A/S terminates the agreement, Evolution360 A/S will reimburse the Client any prepaid amount. This shall not apply if termination is due to a failure on the part of the Client to comply with any agreement entered into or with Evolution360 A/S’ terms and conditions of trade.
In the event of material breach by one of the Parties for which no remedy is forthcoming within a period of 30 days of receipt of a request for remedial action from the Party not in breach, that same Party shall be entitled without warning to terminate this Agreement in accordance with the ordinary tenets of Danish law.
Failure to pay by the due date will be regarded as a material breach of contract and Evolution360 A/S shall be entitled to cease delivery of the subscription until payment is made.
The Parties retain copyright, property rights and other immaterial rights to all the material and data in their possession on the commencement date of this Agreement.
Neither Party is entitled to assign the rights and obligations in pursuance of this Agreement to a third party, except with their counterpart’s consent.
Should the Evolution360 A/S product fail to meet the Client’s expectations, the Client is obliged immediately to make a claim to Evolution360 A/S with a view to remedying the situation. The Agreement is irrevocable after the commencement date. See general provisions regarding termination in Section 6.
This Agreement is subject to Danish law. The Parties shall seek if possible to settle amicably any dispute that may occur in connection with this Agreement. Should an amicable settlement prove impossible, the dispute shall be settled with Copenhagen City Court as legal venue.
When you visit our website, we record data about you that we use to adapt and improve content and increase the value of the advertising shown on our website. If you do not wish us to record data, you should erase cookies (see guidelines) and stop using our website. In the following, we explain precisely which data we record, why we record them and which third parties have access to them.
Google Analytics (traffic monitoring)
The website uses Google Analytics to monitor data traffic on the website.To disable Google Analytics cookies, click here: http://tools.google.com/dlpage/gaoptout
Google Ads
The website uses Google Ads cookies to focus advertising specifically on users who have visited Evolution360.com To disable so-called remarketing and personalised ads, click here: https://www.google.com/settings/ads/plugin/
You can see and erase data regarding your interests and demographic profile that is stored by Google here: https://www.google.com/settings/ads/onweb/
Facebook Ads (advertising)
The website uses Facebook cookies to enhance advertising specifically for users who have visited Evolution360.com
You can determine which ads you can see on Facebook. Click the link to adjust your ad preferences and settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
LinkedIn Ads
The website uses LinkedIn cookies to enhance advertising specifically for users who have visited Evolution360.com. You can determine which ads you see on LinkedIn. Click the link to adjust your advertising settings: https://www.linkedin.com/psettings/enhanced-advertising
General
Personal data includes all types of data that, to some extent, ascribe to you. When you use our website, we record and process certain types of personal data, e.g. when you access website content, subscribe to our newsletter, enter a competition, take part in a survey, register as a user or subscriber, use other services or make a purchase via the website. As a rule, we record and process the following types of data: A unique ID and technical information regarding your computer, tablet or mobile phone, IP address, geographical location and which pages you click on (show an interest in). If you explicitly give us your consent to do so or enter the data yourself, we may also process the following types of data: your name, phone number, e-mail address, postal address and payment details. We usually record and process these types of data when you create a login or make a purchase.
Data security
We have taken technical and organisational measures to prevent the accidental or unlawful destruction of your data, and its publication, loss, or impairment, or unauthorised disclosure, misuse or other use in contravention of legal requirements.
Objectives
The data are used to identify you as the user and show you the advertisements that are most likely to be relevant for you, to record your purchases and payments, and to supply the services you have requested, e.g. to send you a newsletter. We also use the data to optimise our services and website content.
Storage period
The data are stored for as long as we are obliged to do so in pursuance of the legislation. We erase personal data when they are no longer needed. The storage period depends on the nature of the data in question and the reason for storage. It is not possible to give a general period for data erasure.
Disclosure
If we have recorded data about how you use our website, the ads you receive and click on (if any), your geographical location, gender and age group, etc., the data may be divulged to one or more third parties. There is a list of the third parties in question in the Cookies section (above). We use the data to personalise advertising.We also use several Data Subprocessors to store and process data. The Data Subprocessors process data on our behalf and may not use the data for their own purposes.Personal data, e.g. name and e-mail address, etc. are disclosed only with your consent. We avail ourselves of the services solely of Data Processors within the EU or in countries that provide adequate data protection.
Access and complaints
You have a right to know which personal data we process concerning you. You also have a right to object to data processing. You can withdraw your consent to data processing. If the data processed concerning you is incorrect, you have a right to have them rectified or erased. To rectify or erase personal data, please contact: Henrik Kristiansen, e-mail: hk@evolution360.dk. If you wish to complain about how we process data concerning you, you may also contact Datatilsynet (The Danish Data Protection Authority).
Publisher
The website is owned and published by:
Evolution360 A/S
Vesterbrogade 149 1620 Copenhagen K, Denmark Phone:+45 71 74 76 00 Email:info@evolution360.com
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