Terms and Conditions

This Data Processing Addendum ("DPA") forms part of and is subject to the provisions of Digitise’s Agreement (Terms and Conditions). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

1. Definitions

"Affiliate" means an entity that directly or indirectly Controls is Controlled by or is under common Control with an entity.

"Agreement" means Digitise’s Terms and Conditions, which govern the provision of the Services to Customer, as such terms may be updated by Digitise from time to time.

"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.

"Customer Data" means any Personal Data that Digitise processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.

"Applicable Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, the EU Data Protection Law and the California Consumer Privacy Act (CCPA).

"Data Controller" means an entity that determines the purposes and means of the processing of Personal Data.

"Data Processor" means an entity that processes Personal Data on behalf of a Data Controller.

"EU Data Protection Law" means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).

"California Consumer Privacy Act" or "CCPA" means the California Consumer Privacy Act of 2018 after its effective date on January 1, 2020.

"EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.

"Group" means any and all Affiliates that are part of an entity's corporate group.

"Personal Data" means any information relating to an identified or identifiable natural person.

"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.

"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.

"Services" means any product or service provided by Digitise to Customer pursuant to the Agreement.

"Sub-processor" means any Data Processor engaged by Digitise or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the Digitise Group.

2. Relationship with the Agreement

2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.

2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.

2.4 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.

2.5 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Applicable Data Protection Laws.

3. Scope and Applicability of this DPA

3.1 This DPA applies where and only to the extent that Digitise processes Customer Data that originates from the EEA and/or that is otherwise subject to Applicable Data Protection Laws on behalf of Customer as Data Processor in the course of providing Services pursuant to the Agreement.

4. Roles and Scope of Processing

4.1 Role of the Parties. As between Digitise and Customer, Customer is the Data Controller of Customer Data, and Digitise shall process Customer Data only as a Data Processor acting on behalf of Customer.

4.2. Customer Processing of Customer Data. Customer agrees that (i) it shall comply with its obligations as a Data Controller under Applicable Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to Digitise; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Applicable Data Protection Laws for Digitise to process Customer Data and provide the Services pursuant to the Agreement and this DPA.

4.3 Digitise Processing of Customer Data. Digitise shall process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to Digitise in relation to the processing of Customer Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and Digitise.

4.4 Details of Data Processing

(a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.

(b) Duration: As between Digitise and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.

(c) Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of Digitise’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.

(d) Nature of the processing: The Services as described in the Agreement and initiated by you from time to time.

(e) Categories of data subjects: You, Your End Users and any other individuals whose personal data is included in Content.

(f) Types of Customer Data: Your Controlled Data relating to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.

4.5 Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that Digitise shall have a right to use and disclose data relating to the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered Personal Data under Applicable Data Protection Laws, Digitise is the Data Controller of such data and accordingly shall process such data in accordance with the Digitise Privacy Policy and Applicable Data Protection Laws.

5. Subprocessing

5.1 Authorized Sub-processors. Customer agrees that Digitise may engage Sub-processors to process Customer Data on Customer's behalf. The Sub-processors currently engaged by Digitise and authorized by Customer are listed in Annex A.

5.2 Sub-processor Obligations. Digitise shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Applicable Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause Digitise to breach any of its obligations under this DPA.

6. Security

6.1 Security Measures. Digitise shall implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of the Customer Data, in accordance with Digitise ‘s security standards described in Annex B ("Security Measures").

6.2 Updates to Security Measures. Customer is responsible for reviewing the information made available by Digitise relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under the Applicable Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Digitise may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

6.3 Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.

7. International Transfers

Data center locations. Digitise may transfer and process Customer Data anywhere in the world where Digitise, its Affiliates or its Sub-processors maintain data processing operations. Digitise shall at all times provide an adequate level of protection for the Customer Data processed, in accordance with the requirements of the Applicable Data Protection Laws.

8. Additional Security

8.1 Confidentiality of processing. Digitise shall ensure that any person who is authorized by Digitise to process Customer Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

8.2 Security Incident Response. Upon becoming aware of a Security Incident, Digitise shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.

9. Changes to Sub-processors

9.1 Digitise shall (i) provide an up-to-date list of the Sub-processors it has appointed upon written request from Customer; and (ii) notify Customer (for which email shall suffice) if it adds or removes Sub-processors at least 10 days prior to any such changes.

9.2 Customer may object in writing to Digitise’s appointment of a new Sub-processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving resolution. If this is not possible, Customer may suspend or terminate the Agreement (without prejudice to any fees incurred by Customer prior to suspension or termination).

10. Deletion of Data

Upon termination or expiration of the Agreement, Digitise shall (at Customer's election) delete all Customer Data (including copies) in its possession or control, save that this requirement shall not apply to the extent Digitise is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Digitise shall securely isolate and protect from any further processing, except to the extent required by applicable law.

Customer can request end user’s data by filling in a form through their account by going to Website Settings -> Advanced - Request User Data. The request will be fulfilled within 72 hours of receiving it. The customer will be notified on their email of the result of the request.

Customers can also request their data by contacting us via Email/Live Chat or filling the Data Request Form here.

A complete deletion of data might take up to 60 days from all Digitise’s systems.

11. Cooperation

11.1 The Services provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, Digitise shall (at Customer's expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to Digitise, Digitise shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If Digitise is required to respond to such a request, Digitise shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

11.2 If a law enforcement agency sends Digitise a demand for Customer Data (for example, through a subpoena or court order), Digitise shall attempt to redirect the law enforcement agency to request that data directly from Customer. As part of this effort, Digitise may provide Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then Digitise shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedies unless Digitise is legally prohibited from doing so.

11.3 To the extent Digitise is required under Applicable Data Protection Laws, Digitise shall (at Customer's expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

12. Liability

The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Digitise in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or Applicable Data Protection Laws shall reduce Digitise’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.

13. Miscellaneous

You are responsible for any costs and expenses arising from Digitise’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by Digitise generally through the Services.

Annex A - List of Digitise’s Sub-processors

Digitise uses its Affiliates and a range of third-party Sub-processors to assist it in providing the Services (as described in the Agreement). These Sub-processors set out below provide cloud hosting and storage services; content delivery and review services; assist in providing customer support; as well as incident tracking, response, diagnosis, and resolution services.

Amazon Web Services (AWS)

https://aws.amazon.com/privacy/

Part of Digitise's infrastructure is hosted on AWS virtual servers. Our system emails are sent through Amazon SES.

Microsoft Azure Cloud (Azure)

https://privacy.microsoft.com/en-us/privacystatement

Part of Digitise's infrastructure is hosted on Azure virtual servers.

SocketLabs

https://www.socketlabs.com/legal/privacy/

Some of Digitise's system emails are sent through SocketLabs.

Google Analytics https://policies.google.com/privacy

Analytics of how users are using Digitise services

Braintree https://www.braintreepayments.com/legal/braintree-privacy-policy

Used for payments on all plans or payment forms

Intercom

https://www.intercom.com/terms-and-policies#privacy

To provide live chat support

ConvertFox

https://convertfox.com/privacy

To provide live chat support

Zoho Mail

https://www.zoho.eu/privacy.html

Used for email correspondence

FreshDesk

https://www.freshworks.com/privacy/

For ticketing and support

Mailerlite

https://www.mailerlite.com/privacy-policy

For email marketing

Google Adwords

https://policies.google.com/privacy

For PPC campaigns

Calendly

https://calendly.com/pages/privacy

For meetings scheduling

Annex B - Security Measures

Security Measures as of the date of this DPA:

Digitise maintains technical safeguards and other security measures to ensure the security and confidentiality of Customer Data. Encryption at rest and in transit between public networks is employed, as applicable, according to industry-standard practice.

Digitise's employees are introduced to the best security practices which allow them to identify Customer Data Breach and take any actions needed.

Digitise limits access to Customer Data to employees with a defined need-to-know or a role requiring such access.

Digitise maintains business continuity and backup plans in order to minimize the loss of service and comply with applicable laws. The Backup plan addresses threats to the Services and any dependencies, and has an established procedure for resuming access to, and use of, the Services. The Backup plan is evaluated and tested at regular intervals.

Digitise maintains policies and procedures for monitoring, testing, and applying changes to the Services, including underlying infrastructure and system components, to ensure quality standards are being met. Any vulnerabilities found will be remediated in accordance with Digitise’s procedures.

Referral Tracking

Digitise will provide the Affiliate with the option to create affiliate links with which to promote the product. Digitise will track users who have visited these Affiliate Links using cookies which expire after 60 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. The last cookie will get the credit for the purchase of a subscription.

The Affiliate is not authorized to modify or alter the cookies in any way. Digitise is not responsible for any tracking or reporting errors that may result from any modifications to the Affiliate Link or the cookies.

Affiliate Fees and Payouts

A referral will become eligible for payout ("Eligible Referral") after 30 days of a successful subscription if it meets all of these criteria:

The referral makes a purchase of a new subscription with a term that is one month or a full year.

The referral's account remains active and in good standing.

The referral's account has not had any of its payments refunded, charged back or otherwise reversed.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Digitise error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:

Links to additional products and services offered by Digitise.

Advertisements for products and services offered by third parties.
An internet search engine interface.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a recurring agreed-upon commission for each active Eligible Referral that is recorded in the Affiliate Dashboard ("Affiliate Fee"). Affiliate Fees will be payable only when the Affiliate has at least 3 Eligible Referrals that are active. Payments will be transferred to the payable balance after 30 days from a successful subscription event. The minimum payout amount is R 500

All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Digitise in its sole discretion. Payment will be made through PayPal or a bank transfer against a valid invoice issued by the Affiliate using the payout section located in the Affiliate Dashboard. The Affiliate is responsible for providing Digitise with the full and accurate details that are required to remit the Affiliate Fees and is solely responsible for any delays in payment resulting from its failure to do so.

Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.

In the event of any activity deemed suspicious by Digitise, Digitise may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Digitise reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.

Referrals for purchases made through Digitise promotional or special offers are not eligible for payout.

There will be NO commission payouts for personal usage of the product. The affiliate is not for gaining a discount on your personal accounts and projects. We maintain a strict policy and revise all the commissions and they will NOT be paid if such personal exploit is being detected. Affiliate termination is possible if there is a violation of the rule.

Promotions

Digitise hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Digitise logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.

The Affiliate may only display advertisements that contain Digitise's logos or service marks in good taste. The Affiliate may not use Digitise's logos or service marks in a manner that, in Digitise's sole discretion, portrays Digitise in a negative light.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

Digitise may, without prior notice, require the Affiliate to remove or modify any advertisements in Digitise's sole discretion.

In case of a promotional higher affiliate rate with an end date such as the Promotional 50% affiliate commission, you get the promotional rate for all the subscriptions happening until the end date of the promotion. After the expiration date, all of the new and recurring subscriptions will be at the regular commission rates.

How do we protect your information?

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

We believe in the complete security of your data and for that reason we use the services of one of the leading cloud server providers - Amazon. All the data is being stored on secured, GDPR compliant Amazon Cloud Servers in The United States. To learn more on the Data Protection Addendum from Amazon, please review this PDF file - https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf

How do we share your information?

The data of Digitise Users shall not be sold to third parties. We shall not share or pass on any personal information without your explicit consent, unless:

We are legally obligated to do so
In order to fulfill contractual services for the Digitise user and/or in order to enforce the rights and obligations of these terms of use and the corresponding contractual relationship between the Digitise user and Digitise.

In order to perform the Digitise service, it may be necessary for Digitise to employ the use of third party services. In that case, data may be shared with the list of companies in Annex A

Your Rights

You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at privacy@digtise.io to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address. You can request all the collected data by filling the Data Request Form here.

You have the right not to receive marketing materials via email by changing that preferences in your Account Settings.

Please note that, for technical reasons, there can be a delay in deleting your personal information from our systems when you ask us to remove it. We also will retain personal Information in order to comply with the law, protect our and others' rights, resolve disputes, or enforce our legal terms or policies, to the extent permitted under applicable law.

The content on your Digitise website

All information that you put on your Digitise website can generally be viewed by other internet users. Therefore, we naturally encourage you to be careful and responsible for any personal information and confidential data you publish on your website. Please keep in mind that password-protected areas do not offer absolute protection against unauthorized access: the same applies to any files that are uploaded to password-protected websites as they can still be accessed via direct links.

As Users may have a seasonal site or come back to us after an Account becomes inactive, we don't immediately delete your personal information when your trial expires or you cancel all Paid Services. Instead, we keep your personal information for a reasonable period of time, so it will be there for you if you come back.

You may delete your account by going to your Account Settings and clicking on Delete Account. Please note that the full deletion of an account might take up to 90 days from all systems of Digitise.

Administrative access to your Digitise website

Please be aware that Digitise team members are also authorised in specific situations to access the administrative section of your Digitise website when fulfilling customer service requests and tracking errors. This necessarily grants them the possibility to view all parts of your Digitise site, including all password-protected areas.

We use cookies to:

Authenticate you - cookies help us to verify your account and to automatically log you into your website from the same browser.
Understand and save user's preferences for future visits
Keep track of advertisements
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.

Third-party services may use cookies to help you sign into their services from our Services. Any such third-party cookie usage is governed by the policy of the third party placing the cookie.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. To learn more about Digitise and the cookies, please go to our Cookie Policy.

Third-party services

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. To see all the services that we use, scroll down to Annex A.

Your relationship with End Users

If you're one of our Users, you will collect personal information about your End Users. For example, during checkout, you may ask your End Users to provide their name, address, email address, and payment information so that you can complete their orders.

You may also use cookies and similar technologies to analyze usage and other trends. You're solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users' information, including personal information you collect about them from us or using Digitise functionality cookies or similar technologies.

To learn more on how to make your website GDPR compliant you can check our blog post - You must publish your own privacy and cookie policy and comply with them. We're not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using Digitise functionality or cookies or similar technologies) and we won't provide you with any legal advice regarding such matters.

b. End-user payment information

Your End Users' payment information may be processed via third-party eCommerce Payment Processors with which you integrate your Account, in accordance with such eCommerce Payment Processors' terms and policies.

We transmit your End Users' complete payment information when they initially provide or update it only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don't collect or store your End Users' payment information.

Updates to this Privacy Policy

We'll update this Privacy Policy from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we'll update the “Effective Date” at the top of the Privacy Policy and post it on our sites. If we make material changes to it or the ways we process personal information, we'll notify you (by, for example, prominently posting a notice of the changes on our sites before they take effect or directly sending you a notification).

We encourage you to check back periodically to review this Privacy Policy for any changes since your last visit. This will help ensure you better understand your relationship with us, including the ways we process your personal information.

Annex A

Amazon Web Services (AWS)

https://aws.amazon.com/privacy/

Part of Digitise's infrastructure is hosted on AWS virtual servers. Our system emails are sent through Amazon SES.

Microsoft Azure Cloud (Azure)

https://privacy.microsoft.com/en-us/privacystatement

Part of Digitise's infrastructure is hosted on Azure virtual servers.

SocketLabs

https://www.socketlabs.com/legal/privacy/

Some of Digitise's system emails are sent through SocketLabs

Google Analytics

https://policies.google.com/privacy

Analytics of how users are using our website

Google Calendar

https://policies.google.com/privacy

Create or delete events via the booking functionality

Facebook

https://www.facebook.com/privacy/explanation

Facebook is used for re-targeting of customers

Braintree

https://www.braintreepayments.com/legal/braintree-privacy-policy

Used for payments on all plans or payment forms

Intercom

https://www.intercom.com/terms-and-policies#privacy

To provide live chat support and notify for product updates

ConvertFox

https://convertfox.com/privacy

To provide live chat support and notify for product updates

ZohoMail

https://www.zoho.eu/privacy.html

Used for email correspondence

FreshDesk

https://www.freshworks.com/privacy/

For ticketing and support

Mailerlite

https://www.mailerlite.com/privacy-policy

For email marketing and notifications for product updates

Google Adwords https://policies.google.com/privacy

For PPC campaigns

Calendly

https://calendly.com/pages/privacy

For meetings scheduling

AFFILIATE TERMS AND CONDITIONS