The following definitions apply to these Terms:
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
- “Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services pursuant to the Agreement between Customer and Vin Ads.
- “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by the Union or Member State law, the controller of the specific criteria for its nomination may be provided for the Union or Member State law.
- “Customer Data” means what is defined in the Agreement as “Customer Data” or “Your Data.”
- “Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
- “Data Subject” means the identified or identifiable person to whom Personal Data relates.
- “Vin Ads Talent” refers to a web-based directory that allows Users to post or view information about services for hire and qualifications of the Users.
- “Platform” refers to Staff Monitoring Application, Project Management Application (“Vin Ads Tasks”), and Vin Ads Talent.
- “Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
- “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Processor” means the entity which Processes Personal Data on behalf of the Controller.
- “Project Management Application” refers to Vin Ads’s web-based project management tool that allows Users to organize, assign, and track progress on tasks.
- “Service” refers to all software, mobile apps, websites, and related services provided to you by Vin Ads.
- “Staff” refers to an individual within a User’s organization who is subject to the Staff Monitoring Application.
- “Staff Monitoring Application” refers to Vin Ads’s software application that allows Users to track time worked, activities, locations, and other related information for individuals within the User’s organization. The Staff Monitoring Application is one aspect of the Service provided by Vin Ads under these terms.
- “Sub-processor” means any Processor engaged by Vin Ads or a member of the Vin Ads Group.
- “Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
- “You,” “Your,” or “User” refers to anyone accessing or subject to the Service, including any Staff member, or user of the Project Management Application or Vin Ads Talent.
2. License for use of the service; identity authentication
The Service is licensed for use only under these Terms. Vin Ads reserves all rights not expressly granted to You, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service.
Upon registering for the Service, Vin Ads gives You the right to install the Service for use by the total number of Users You identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by You by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. Vin Ads reserves the right at any time to require You to provide a list of the named individual(s).
You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by Vin Ads that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.