PLEASE READ THE FOLLOWING TERMS & CONDITIONS
CAREFULLY BEFORE USING THIS SERVICE. By using this service, you signify your
agreement to these Terms & Conditions. If you do not agree to these Terms &
Conditions, do not use this service. iWP BRAND BUILDING may modify these Terms &
Conditions at anytime.
The following Terms & Conditions govern the legal
relationship between iWP BRAND BUILDING and its Users:
- People using the Bulk SMS Service for any reason whatsoever bind
themselves and agree to these Terms & Conditions.
- Should a User not agree to all the Terms & Conditions of this agreement
or be unable to comply with these Terms & Conditions, the User should
immediately cease using the Website and/or terminate the registration
process.
- iWP BRAND BUILDING shall make all reasonable endeavours to ensure
uninterrupted and continued use of the Bulk SMS Service, although the
delivery of SMS is largely dependent on the effective functioning of Network
Operators’ cellular networks, network coverage and the SMS recipient’s
mobile handset. iWP BRAND BUILDING does not and cannot guarantee the
delivery of SMS messages or the compatibility between any text message or
content format and any particular mobile handsets or mobile operating
systems.
- Network Operators may modify, enhance, develop or discontinue components
of their services at any time without prior notice, in which event iWP BRAND
BUILDING shall be entitled to modify, enhance, develop or discontinue its
Bulk SMS Service without notice to Users. Users acknowledge and agree that
iWP BRAND BUILDING shall not be liable to the User or any other person for
damages or other liabilities resulting from this.
- iWP BRAND BUILDING shall use its reasonable endeavours to provide the
User with advance notice of any modification, suspension or termination of
its Bulk SMS Service and shall endeavour to minimise the duration of any
suspension thereof in so far as this is reasonably practicable.
- The Users acknowledge and agree that all SMS sent may be stored and can
be audited and reviewed by iWP BRAND BUILDING or any other person acting on
behalf of iWP BRAND BUILDING at any time to ensure compliance with these
Terms & Conditions and any applicable law, regulations or code of conduct.
- Further to what is provided for below in “PART C - Personal Data”, Users
may not use the Bulk SMS Service to send SMS without reasonable cause nor
for the purpose of causing annoyance, inconvenience or distress to any
person. In the event of breach by the User of any applicable law,
regulation, code of conduct, or any provision of these Terms & Conditions,
or in the event of any complaint being received by iWP BRAND BUILDING in
relation to a User, then the User hereby acknowledges and agrees that iWP
BRAND BUILDING may in its sole and unfettered discretion remove SMS
recipient contact numbers from the database of a User and/or suspend or
terminate its Bulk SMS Service to a User without prejudice to any other
rights that it may have in law or in terms of these Terms & Conditions.
- iWP BRAND BUILDING expressly reserves the right to enhance, develop and
modify its Bulk SMS Service at any time.
PART C – Personal Data
- iWP BRAND BUILDING may process certain types of personal data of the
User as follows:
10.1. Identity Data may include the first name,
maiden name, last name, username, title, date of birth, job and gender of
the User.
10.2. Contact Data may include the address,
email address and telephone numbers of the User.
10.3. Technical Data may include the internet
protocol addresses, browser type and version, browser plug-in types and
versions, time zone setting and location, operating system and platform and
other technology on the devices the User uses to access this site.
10.4. Usage Data may include information about
how the User uses the Website and services.
- iWP BRAND BUILDING will only use the User’s personal data when legally
permitted. The most common uses of the User’s personal data are:
11.1. Where is necessary for the provision of
our services.
11.2. Where is necessary for our legitimate
interests (or those of a third party) and the User’s interests and
fundamental rights do not override those interests.
11.3. Where we need to comply with a legal or
regulatory obligation.
11.4. For Marketing purposes.
11.5. The User has the right to withdraw
consent to marketing at any time by emailing us at sms@iwp.com.cy.
- iWP BRAND BUILDING use information held about the User in the following
ways:
12.1. Providing and managing your Account.
12.2. Providing and managing your access to the
Website.
12.3. To carry out iWP BRAND BUILDING
obligations arising from any agreement entered into between the User and iWP
BRAND BUILDING.
12.4. To ensure that content from the Website
is presented in the most effective manner for the User and for the User’s
computer and to improve the Website.
12.5. To administer the Website and for
internal operations, including troubleshooting, data analysis, testing,
research, statistical and survey purposes.
12.6 To provide the User with information or
services that the User requests from iWP BRAND BUILDING.
12.7. Replying to emails from you.
12.8. To notify the User about changes to iWP
BRAND BUILDING services.
- iWP BRAND BUILDING will only use the User’s personal data for the
purposes for which iWP BRAND BUILDING collected it, unless iWP BRAND
BUILDING reasonably consider that iWP BRAND BUILDING need to use it for
another reason and that reason is compatible with the original purpose. If
the User wishes to find out more about how the processing for the new
purpose is compatible with the original purpose, please email us at sms@iwp.com.cy.
- If iWP BRAND BUILDING needs to use the User’s personal data for a
purpose unrelated to the purpose for which iWP BRAND BUILDING collected the
data, iWP BRAND BUILDING will notify the User and iWP BRAND BUILDING will
explain the legal ground of processing. iWP BRAND BUILDING may process the
User’s personal data without the User’s knowledge or consent where this is
required or permitted by law.
- iWP BRAND BUILDING may have to share the User’s personal data with the
parties set out below for the purposes mentioned above:
15.1. Service providers who provide IT data,
15.2. Communication and system administration
services.
- iWP BRAND BUILDING require all third parties to whom iWP BRAND BUILDING
transfer the User’s data to respect the security of the User’s personal data
and to treat it in accordance with the Processing of Personal Data
(Protection of Individuals) Law of 2001 as amended from time to time, as
well as the relevant European Union Regulation(s).
- iWP BRAND BUILDING only allow such third parties to process the User’s
personal data for specified purposes and in accordance with the policies and
procedures set forth herein.
- iWP BRAND BUILDING have put in place appropriate security measures to
prevent the User’s personal data from being accidentally lost, used or
accessed in an unauthorized way, altered or disclosed.
- In addition, iWP BRAND BUILDING limit access to the User’s personal data
to those employees, agents, contractors and other third parties who have a
business need to know such data. They will only process the User’s personal
data in a confidential manner and in accordance with the policies and
procedures set forth herein.
- iWP BRAND BUILDING have put in place procedures to deal with any
suspected personal data breach and will notify the User and any competent
regulator of a breach where we are legally required to do so.
- iWP BRAND BUILDING will only retain the User’s personal data for as long
as necessary to fulfill the purposes we collected it for, including for the
purposes of satisfying any legal, accounting, or reporting requirements.
- To determine the appropriate retention period for personal data, iWP
BRAND BUILDING consider the amount, nature, and sensitivity of the personal
data, the potential risk of harm from unauthorized use or disclosure of the
User’s personal data, the purposes for which iWP BRAND BUILDING process then
User’s personal data and whether iWP BRAND BUILDING can achieve those
purposes through other means.
- Under certain circumstances, the User has rights under data protection
laws in relation to the User’s personal data. These include the right to:
23.1. Request access to the User’s personal
data.
23.2. Request correction of the User’s personal
data.
23.3. Request erasure of the User’s personal
data.
23.4. Object to processing of the User’s
personal data.
23.5. Request restriction of processing the
User’s personal data.
23.6. Request transfer of the User’s personal
data.
23.7 Withdraw consent.
- If the User wishes to exercise any of the rights set out above, the User
can email iWP BRAND BUILDING at sms@iwp.com.cy.
- Your data will only be stored within the European Economic Area (“the
EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and
Liechtenstein).
- The User will not have to pay a fee to access his/her personal data (or
to exercise any of the other rights). However, iWP BRAND BUILDING may charge
a reasonable fee if the User’s request is clearly unfounded, repetitive or
excessive. Alternatively, iWP BRAND BUILDING may refuse to comply with the
User’s request in these circumstances.
- iWP BRAND BUILDING may need to request specific information from the
User to help iWP BRAND BUILDING confirm his/her identity and ensure his/her
right to access his/her personal data (or to exercise any of his/her other
rights). This is a security measure to ensure that personal data is not
disclosed to any person who has no right to receive it. iWP BRAND BUILDING
may also contact the User to ask for further information in relation to
his/her request to speed up our response.
- iWP BRAND BUILDING will try to respond to all legitimate requests within
one month. Occasionally, it may take longer than a month if the User’s
request is particularly complex or the User has made a number of requests.
In this case, iWP BRAND BUILDING will notify the User and keep him/her
updated.
- The User acknowledges that for the purposes of GDPR, iWP BRAND BUILDING
are the Data Processor and the User is the Data Controller. Without
prejudice to the generality of the herein “PART C - Personal Data”, the User
ensures that at all and any time he/she uses the Bulk SMS Service having
secured beforehand all necessary consents from the Recipients permitting the
lawful collection, use and treat of their Personal Data.
- To the extent that iWP BRAND BUILDING act as a data processor on behalf
of the User, iWP BRAND BUILDING shall, in relation to any Personal Data of
the Recipients processed in connection with the providing the Bulk SMS
Service:
30.1. Process any Personal Data of the
Recipients only for the purpose of the Bulk SMS Service and strictly
following the User’s instructions unless iWP BRAND BUILDING is legally
otherwise obliged.
30.2. Ensure that iWP BRAND BUILDING have in
place appropriate technical and organisational means to protect the
Recipient against unauthorised or unlawful processing of their Personal Data
and against accidental loss or destruction of, or damage to, their Personal
Data.
30.3. Take all reasonable steps to ensure that
all personnel who have access to and/or process Personal Data of the
Recipients are legally obliged to keep the Personal Data confidential.
30.4. Not to transfer any Personal Data of the
Recipients outside of the European Economic Area.
30.5. Assist the User in responding to any
reasonable request in relation a data subject (as defined in the GDPR) and
in ensuring compliance with he/she obligations under the GDPR with respect
to security, breach notifications, impact assessments and consultations with
supervisory authorities or regulators.
30.6 Notify the User without undue delay any
incident involving possible risk about the safe protection of the Personal
Data of the Recipients.
30.7. Delete or return Personal Data of the
Recipients and copies thereof to the User upon the termination of the
agreement between iWP BRAND BUILDING and the User unless it is legally
required to store and/or keep copies and/or records and/or information about
the Personal Data of the Recipient.
30.8 Maintain records and information to
demonstrate its compliance with herein “PART C - Personal Data”.
- iWP BRAND BUILDING has a ‘Data Protection Officer’ who is responsible
for matters relating to privacy and data protection. This Data Protection
Officer can be reached at the following address:
111, 1st April Aven., Paralimni, 5280,
Famagusta, Cyprus
Tel: +357 23 102556 (Office Hours 09:00 - 14:00
| 16:30 – 18:30)
Fax: +357 23 102557
Email: sms@iwp.com.cy
- The Users acknowledge and understand that iWP BRAND BUILDING acts as a
conduit for the provision of information and content. Users acknowledge that
iWP BRAND BUILDING shall not be responsible or liable for any content
transmitted and that full responsibility for content shall rest on the User.
Users shall observe all relevant legislation and regulations applicable in
their jurisdiction and in the jurisdiction of all persons to whom they cause
SMS to be delivered. It shall be the sole responsibility of Users to
familiarize themselves with all applicable laws, regulations and codes of
conduct to which they may be subject and to ensure compliance therewith.
- The Users warrant that they shall not send unlawful, abusive, harassing,
threatening or obscene messages to any recipient or any other person or
persons, including both natural and legal persons, and that they shall not
engage in any fraudulent act by means of or in connection with the Bulk SMS
Service.
- The Users warrant that they shall include their own contact details in
their SMS to ensure that complaints are directed at them and not at the
Network Operator and/or iWP BRAND BUILDING.
PART D – Payment
- The Users are required to purchase credits which shall reduce for each
SMS sent. The number of credits used per SMS depends on the messaging route
used and Network Operator charges. The number of credits used per SMS is
subject to change from time to time without prior notice and shall be
indicated on the Website.
- The charges imposed by iWP BRAND BUILDING with regard to the use of its
Bulk SMS Service are located on the Website and the User acknowledges that
iWP BRAND BUILDING may vary its charges for SMS from time to time without
prior notice to Users. In the event that a Network Operator introduces
reciprocal charges, iWP BRAND BUILDING retains the right to increase the
number of credits needed per SMS, for that specific network.
- All payments shall be made by credit card through the payment facility
available on the Website. Users acknowledge and agree that iWP BRAND
BUILDING shall not be liable for any losses arising from the use of any
third party payment gateways whatsoever.
- All payments by the User are final and non-refundable. Should the User
believe there have been improper charges for the Bulk SMS Service, iWP BRAND
BUILDING must be notified providing any information necessary in order to
review and resolve the query. The query must be submitted as soon as
reasonably possible, but in any event within seven (7) business days of the
date of the relevant bank statement reflecting the charge.
PART E – Termination
- iWP BRAND BUILDING may terminate this Agreement immediately, without
prior written notice and shall retain all its rights to claim for payment of
all accrued amounts and for any possible indemnities, if the User:
39.1. “Commits a material breach of this
Agreement which cannot be remedied”; or
39.2. “is repeatedly in breach of this
Agreement”; or
39.3. “commits any fraudulent or unlawful
conduct related to the use of the Bulk SMS Service”, or
39.4. “is the subject of a bankruptcy order, or
becomes insolvent, or goes into voluntary or compulsory liquidation”.
- iWP BRAND BUILDING shall have the right to withhold, terminate or
suspend the provision of Bulk SMS Service to the User at any time. Where
this Agreement or the provision of the BULK SMS Service is terminated by iWP
BRAND BUILDING for any reason other than breach by the User, iWP BRAND
BUILDING shall refund all monies already paid in advance by the User.
- User shall be entitled to terminate this Agreement at any time. However,
amounts paid by the User shall not be refundable.
PART F – Final Provisions & Governing Law
- The User undertakes the obligation to defend, indemnify, and hold
harmless iWP BRAND BUILDING and the officers, directors, employees,
successors, assigns, licensees, distributors, contractors and agents of iWP
BRAND BUILDING from all claims, damages, liabilities, assessments, losses,
costs, and other expenses (including, without limitation, attorney’s fees
and legal expenses) arising out of resulting from any claim, demand, suit,
action, or any other judicial and/or extra-judicial proceeding by a third
party and/or Personal Data of the Recipients that arises out of or relates
to: (a) the User’s breach of any of its warranties, representations and
obligations arising from the present Terms & Conditions, (b) any User’s
negligent act or omission, willful misconduct or strict liability of iWP
BRAND BUILDING, or (c) any User’s violation of or failure to comply with any
applicable laws and/or European Union Regulation(s), including, inter alia,
infringement and/or misconduct of the personal data legislation, codes,
rules, orders, judgments, decrees, ordinances and/or provisions and/or
provisions of any local government agency, authority or court, including,
without limitation, laws, codes, rules, orders, judgments, decrees,
ordinances and/or provisions.
- Where a User breaches any of these Terms & Conditions, including terms
relating to payment of any amount due to iWP BRAND BUILDING then, without
prejudice to any of its legal rights, iWP BRAND BUILDING shall be entitled
to, amongst other things, to cancel its Agreement with the User, to suspend
or terminate the provision of Bulk SMS Service to the User, to suspend,
disable or terminate the User’s account/s and to sue the User to claim
damages and/or to retain any monies already paid by the User in respect of
the Bulk SMS Service, but not utilised by it, as damages resulting from such
breach.
- This Agreement shall be governed by and construed in accordance with the
laws of Cyprus and the parties hereby submit to the jurisdiction of the
Cypriot Courts.
- The Users undertake to check the Website frequently and to acquaint
themselves with the changes and/or amendments in the information supplied on
the Website and, in this regard, Users undertake to check these Terms &
Conditions for any alteration thereto prior to the conclusion of each new
credit purchase.
- iWP BRAND BUILDING expressly reserves the right, in its sole and
absolute discretion, to alter and/or amend any of the present Terms &
Conditions.