Terms of use

The following terms and conditions (the “Agreement”) govern the use of the HyperSense Software website and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by HyperSense Software SRL (“HyperSense”). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.

This Agreement is between HyperSense and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.

HyperSense and Data Controller

HyperSense Software SRL

HyperSense contact email: office@hypersense-software.com

Types of Data collected

Among the types of Personal Data that this Service collects, by itself or through third parties, there are: IP, Cookies; Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this document or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.

Unless specified otherwise, all Data requested by this Service is mandatory and failure to provide this Data may make it impossible for this Service to provide its services. In cases where this Service specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the HyperSense.

Any use of Cookies – or of other tracking tools – by this Application or by the HyperSenses of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the HyperSense.

Submitted content

You retain the rights to content you submit to the Service. You grant HyperSense and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Submitted content will be stored for a maximum of 24 hours. Submitted content is not share with 3rd parties.

Limits

You acknowledge and agree that HyperSense imposes a limit on the size and the number of requests you may send to the Service. HyperSense may change such limits at any time, at HyperSense’s sole discretion.

Payments

Usage of Service is free of charge and no advertising is displayed on the website. 

Intellectual property

HyperSense respects the intellectual property rights of others. HyperSense asks you to respect the intellectual property rights of HyperSense. All rights, title and interest in and to such property will remain solely with HyperSense.

Responsibility

You represent and warrant that:

• your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• you will not use the Service in any manner that may disable, damage or overburden it;
• your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).

HyperSense in its sole discretion has the right (though not the obligation) to refuse or remove content, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.

Privacy

At HyperSense we take your privacy seriously. Only a minimum of personal information is collected and used in order to provide you the requested products and services. Privacy, protection and data security are at the very heart of everything we do. HyperSense is GDPR ready and compliant. 

HyperSense only processes personal data that is required to provide the Service to you. You have the right to data portability, right to access and right to be forgotten. Personal data stored while using the Service will be deleted upon request.

If you have privacy related inquiries please contact HyperSense by email at office@hypersense-software.com or by physical mail: HyperSense SRL, Str. Delea Veche, nr. 24, 024101 Bucharest, Romania.

Data processing operations

Images uploaded to the Service are temporarily stored, optimized and deleted within 24 hours. Requests to the Service can be logged in order to understand how the Service is used and to avoid misuse. A log entry contains information such as browser type, IP address, date, time, and fingerprint of the transferred file. Log entries are deleted within 14 days.

Service providers

HyperSense uses data processors from the EU in order to provide the Service. This section explains how data is processed. Submitted content will only be shared with these service providers unless required otherwise to comply with the law or requests of governmental entities.

Amazon Web Services EMEA SARL, 5 rue Plaetis, L-2338 Luxembourg - HyperSense uses Amazon Web Services for website hosting, information technology and infrastructure services. Your personal data (IP) is stored with AWS but deleted within 14 days.

Google Ireland Limited  - HyperSense uses Google Analytics for improving the user experience of our website. Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of this Service, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal Data collected: Cookies; Usage Data. Place of processing: Ireland – Privacy Policy – Opt Out. Privacy Shield participant.

Disclaimer of warranties

The Service is provided “as is”. HyperSense and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HyperSense nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.

Limitation of liability

In no event will HyperSense, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HyperSense under this Agreement during the twelve (12) month period prior to the cause of action. HyperSense shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless HyperSense, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Changes

HyperSense reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of HyperSense, or by the posting by HyperSense of a revised version.

Applicable law and jurisdiction

Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of the Romania, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Bucharest, Romania. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

The rights of Users

Users may exercise certain rights regarding their Data processed by the HyperSense.

In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access their Data. Users have the right to learn if Data is being processed by the HyperSense, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the HyperSense will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the HyperSense.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the HyperSense or for the purposes of the legitimate interests pursued by the HyperSense, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the HyperSense is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the HyperSense through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the HyperSense as early as possible and always within one month.

Entire agreement

This Agreement constitutes the entire agreement between HyperSense and you concerning the subject matter hereof.

Version: 1.0.0.

Publishing date: 10th of March, 2020