In a nutshell:
- We never resell or share personal information about you.
- Protection of your data is our top priority, and we take significant measures to keep it safe and secure.
Users of the Service offered by OptinSpot acknowledge and accept these Terms and Conditions.
Encodica and/or the Company
Refers to Solutions Encodica Software Development G.P, registered under the laws of the Republic of Greece, with registration number 1507901000, which is the owner of the OptinSpot application.
OptinSpot (application) and/or the Application and/or the App
Refers to the mobile or/and desktop application offered by Encodica, as described in detail in the Information about OptinSpot paragraph below.
The service provided by Encodica via the OptinSpot application as described in the present Terms.
The individual/individuals (natural persons) downloading and using the OptinSpot application for reasonable own personal use.
Terms and Conditions or Terms
The present Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Personal Data (or Data)
Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In the context of the services provided by Encodica via the OptinSpot application, Personal Data refers to data relating solely to the User/Users, as these are set out in the Types of Data Collected paragraph below.
The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data.
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of the OptinSpot application.
Encodica Contact Details
Solutions Encodica Software Develo0pment G.P.
6 Arapaki str
17676 Kallithea – Athens
Greek Company Registration No.: 1507901000
VAT No.: EL082817922
Information about OptinSpot
Optinspot is an application (app) for Android , iOS, and Windows devices, provided by Encodica which allows the exhibitors of a trade show to collect business contact details of their visitors, and send them informative material by e-mail.
Content provided by the User
Users are responsible for their own content and that of third parties that they enter into OptinSpot. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby undertake to indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service or damages that the Users may incur.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain the OptinSpot application.
Users can, on their own initiative, stop using the Service at any time through the interface of the OptinSpot Application or by directly contacting the Owner.
In case of breach of the Terms the Owner reserves the right to suspend or terminate the account of the User at any time and without notice.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the OptinSpot Application and its Service without the Owner’s express permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs and any damages, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on the OptinSpot Application or any portion of it
- circumvent any technology used by Encodica or its licensors to protect content accessible via it
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through the OptinSpot Application
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the OptinSpot Application or its content
- rent, lease or sublicense the OptinSpot Application
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate
- promote any other platform, product, brand or commercial service without the express consent of the Owner, including any reference contained in the username
- impersonate other individuals or create fake accounts
- publish any content or engage in any activity that could damage a third party
- use the OptinSpot Application in any other improper way that violates these Terms.
Personal Data Processing
The User acknowledges and agrees that with respect to the processing of certain Personal Data shared by the User via the OptinSpot Application and/or via the Service, Encodica shall be acting as Data Processor on behalf of the User and the User shall be the Data Controller. The processing of Personal Data by Encodica as Data Processor shall be governed by the OptinSpot Data Processing Agreementwhich is hereby considered to be an integral part of these Terms and Conditions.
Copyright and other IP Rights
All copyright, trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos and any other intellectual property rights relating to the OptinSpot Application and to Encodica’s business in general are, and remain, the exclusive property of the Owner or its licensors and are protected by the relevant intellectual property laws in force and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 18 use the OptinSpot Application.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of OptinSpot. The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice on this page and within the OptinSpot Application. Users who continue to use the Application after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to the OptinSpot Application must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices – that is, the Republic of Greece. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.