Terms of Service
These Terms of Service are effective as of October 11, 2024
Last updated: October 16, 2024
Introduction
Thank You for visiting Ops Kingdom! THESE TERMS OF SERVICE (“ToS”) ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND OPS KINGDOM REGARDING YOUR USE OF THE SERVICE. By accessing or using the Service or authorizing or permitting any User(s) to access or use the Service, You agree to be bound by these ToS as of the date of such access or use of the Service (“Effective Date”).
If You are entering into these ToS on behalf of a company or another legal entity (“Entity”), You are agreeing to these ToS for that Entity and representing to Ops Kingdom that You have the authority to bind such Entity and its Affiliates to these ToS, in which case the terms “Customer,” “You,” or “Your” herein refers to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these ToS, You must not use or authorize any use of the Service. You and Ops Kingdom shall each be referred to as a “Party” and collectively referred to as the “Parties” for purposes of these ToS.
The purpose of these ToS is to establish the terms and conditions under which You may use and access the Service as outlined in any purchase, order or document signed or agreed to by the Customer.
Definitions
The following terms shall have the meanings ascribed to them below when capitalized:
“ToS” — the contract between the Parties, comprising these Terms of Service, the Privacy Policy, the Sub-processor List, and such other terms concerning the Service as the Parties have agreed to;
“Customer” — anyone other than Ops Kingdom. Each Customer is also a User.
“Data Subject” — any natural person to whom any of the related data relate;
“Intellectual Property” — any trademarks, service marks, domain names, and business names, brands, rights about inventions, designs, databases and proprietary information (including, without limitation, trade secrets and know-how), patents, copyrights (including both economic as well as moral rights) and any other items treated as intellectual property or rights thereof under applicable law;
“Party” — each of the User and the Ops Kingdom (collectively, “the Parties”);
“Personal Data” — any information relating to an identified or identifiable natural person in the same meaning as “personal data” under the GDPR;
“Privacy Policy” — available at https://www.opskingdom.com/legal;
“Service” — depending on the context, either: (a) Ops Kingdom providing resources, consultation or other benefits for use and/or (b) support services concerning the foregoing; or (c) the above items collectively, any of them separately or any combination of any of them, notwithstanding that the item(s) in question may not constitute a service;
“Service Bundle” — a subscription, on the terms hereof, to a particular set of Service(s) offered by Ops Kingdom. A Service Bundle may but need not have a specific name, such as, for example, “Remote Work Integrator”, “Cost Buster”, or “Operations Enhancer”. The significance of such names is random and irrelevant in terms of legal significance, as are other differences between Service Bundles, such as the main characteristics, the prices, and technical aspects.
“Sub-processor” — a third party engaged by Ops Kingdom to process data in connection with the Service;
“Sub-processor List” — a list of third parties who may process data in connection with the Service. This list is periodically updated and currently available here: https://www.opskingdom.com/legal;
“Ops Kingdom” — Sanker OÜ, registration number 16941561, established and doing business at Nurme 2, Haapsalu, 90507 Läänemaa, Estonia, e-mail [email protected];
“User” — anyone other than Ops Kingdom that saves, uses, accesses, interacts with, or is the recipient of the Service or possesses or controls, directly or indirectly, any item that forms part of the Service, including, without limitation: (a) the Customer; (b) anyone who performs any of the above acts on the Customer’s behalf, whether authorized to do so or not; (c) anyone who accesses a resource (e.g., visits a web page or retrieves a file, information or other objects) that is located on the Service, web page or forms a part thereof. Each User should interpret this term as referring specifically to him unless the context otherwise requires;
“User Data” — any data, including Personal Data, that a User processes (e.g., collects, enters, records, stores, alters, arranges, deletes, uses, transmits, discloses or makes available) utilizing the Service;
“Herein”, “Hereto”, “Hereof”, “Hereunder”, “Hereby” and “Herewith” refer to the ToS. Words denoting a gender or genders are to be construed as referring to all genders appropriate in the context and the word “item” means any legal object, i.e., anything tangible or intangible that is capable of being the object of a right, duty, or a capacity.
This ToS constitutes the entire contract between the Parties relating to the subject matter hereof, superseding all prior agreements and understandings of the Parties concerning that matter. If any provision of the ToS conflicts with any Service-related information provided elsewhere, the provision in the ToS shall prevail.
Rights and Usage
Subject to this section set forth herein, Ops Kingdom grants, and the Customer accepts a limited, nonexclusive, non-transferable right for You and the User to access and use the products and services identified in any transaction that incorporates these during the period specified in such purchase or order for Your internal purposes only.
Reasonable Use. The Customer may allocate an unlimited number of Users to make use of the Service.
Proprietary Rights & Ownership of the Website Content. The contents of the Service, including all text, images, graphics, logos, video, audio, links, button icons, software, and other content (collectively, “Website Content”) is the sole and exclusive property of Ops Kingdom. The compilation (meaning the selection, collection, arrangement, and assembly) of all content contained within the Service is the exclusive property of Ops Kingdom. Ops Kingdom reserves all rights in and to the Website Content, except for the limited use rights granted herein.
Enhancements. Ops Kingdom shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, and incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback received by the Customer or its Users. Ops Kingdom also reserves the right to seek intellectual property protection for any features, functionality, or components that may be based on or that were initiated by suggestions, enhancement requests, recommendations, or other feedback Ops Kingdom receives from the Customer, the Users, or any other third parties acting on the Customer’s behalf.
Restrictions of use. The Customer may not and will ensure that the Users will not (i) reverse engineer, de-compile, disassemble or otherwise attempting to discover the underlying ideas of the Website Content or Service; (ii) modify, translate, or create derivative works based on Website Content or Service; (iii) rent, lease, distribute, license, sublicense, sell, resell, assign the Service, or otherwise making the Service or Website Content available to a third party in a manner not expressly authorized under these Terms; (iv) probe, scan or test the vulnerability of the Service without specific, written authorization from Ops Kingdom; (v) alter, disable, or attempt to circumvent any of the components or features, including security features, contained in the Service; (vi) access data on the Service not intended for the Customer or the User; (vii) intentionally distribute viruses, malicious code or other items of a destructive or deceptive nature; (viii) violate any local, state, federal or foreign law, treaty, regulation or convention applicable to the Customer in connection with Users’ use of the Service; or (ix) access the Service for competitive purposes. The use of defamatory, threatening, hateful, obscene, or abusive language, images, or postings on the Ops Kingdom website is strictly prohibited. The Customer is responsible for any breach of these Terms by its Users.
Warranties and Indemnities
Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, INCLUDING AS TO THE PERFORMANCE OF THE SERVICE OR THE SERVICES OF ANY THIRD PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW.
Ops Kingdom Intellectual Property Indemnity. Ops Kingdom shall defend and hold the Customer harmless from any third party claim that the Service infringes, a patent, copyright, trademark, or trade secret of that third party, provided that: (i) Ops Kingdom is notified promptly of such claim, (ii) You provide reasonable cooperation and assistance to Ops Kingdom, at Ops Kingdom’s expense and (iii) Ops Kingdom has sole control over the defense and all negotiations for a settlement or compromise of the claim. The foregoing obligation of Ops Kingdom does not apply concerning the Service or portions or components thereof that are: (i) not supplied by Ops Kingdom, (ii) used in any manner not expressly authorized herein or described in the documentation, (iii) modified by anyone other than Ops Kingdom, if the alleged infringement would not have occurred but for such modification, or (iv) combined with other products, equipment, software, where the alleged infringement would not exist but for such combination.
Ops Kingdom Remedy for Intellectual Property Infringement. If the Service is held by a court of competent jurisdiction to constitute an infringement or use of the Service is enjoined or is likely to be enjoined in Ops Kingdom’s sole judgment, Ops Kingdom shall, at its sole expense and discretion, either: (i) procure the right for Your continued use of the Service, (ii) provide a modification to the Service so that its use becomes non-infringing, (iii) replace the Service with alternatives that are substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably practicable, Ops Kingdom shall terminate the license to the Service and shall refund the prorated portion of the fees paid for the period after termination.
Customer Indemnity. The Customer agrees to indemnify and hold harmless Ops Kingdom and its officers, directors, shareholders, employees and agents from and against losses, liabilities, damages, claims, taxes, demands, suits, or governmental actions (“Claims”) arising from (i) a third party claim that Customer Data infringes, misappropriates or violates any copyrights, trademarks, trade secrets or other proprietary or intellectual property rights of a third party; or (ii) any dispute between the Customer and its Users arising out of or related to such User’s use, access and/or data obtained by the Customer from such User’s use and access of the Service.
Liability Limitations
Direct Damages. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS OR ONE PARTY’S BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CAUSE OF ACTION (WHETHER IN CONTRACT, TORT ((INCLUDING NEGLIGENCE)) OR OTHERWISE), LIABILITY OR DAMAGE OF ANY KIND FOR ANY CAUSE RELATED TO OR ARISING OUT OF THESE TERMS, IN EXCESS OF THE TOTAL FEES AND CHARGES PAID OR PAYABLE BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
Indirect Damages. EXCEPT FOR A BREACH OF ONE PARTY’S BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, AND REGARDLESS OF THE NATURE OF THE CLAIM, SHALL EITHER PARTY (OR THEIR RESPECTIVE AFFILIATES, DIRECTORS. OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, SALES OR BUSINESS, LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION, WORK STOPPAGE OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES.
Confidentiality and Privacy
Confidential Information. As used herein, “Confidential Information” means all confidential information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), that is designated in writing and clearly marked as confidential, or which ought to be understood by a reasonable person as confidential. Confidential Information does not include information which: (a) is known publicly; (b) is generally known in the industry before disclosure; (c) has become known publicly, without fault of the Receiving Party, after disclosure by the Disclosing Party; or (d) has otherwise become lawfully known or received by the Receiving Party. The Receiving Party agrees to protect the Confidential Information of the Disclosing Party in the same manner as it protects the confidentiality of similar information and data of its own, but in no event less than a reasonable degree of care. The Customer will restrict access to Ops Kingdom’s Confidential Information to only those Customer employees and professional advisors necessary to exercise its rights and perform its obligations under these Terms and will ensure that all employees and professional advisors are informed of the obligations set forth herein. The Parties agree that an actual or threatened breach of this Section 14 may cause irreparable harm to the non-breaching party, for which monetary damages may be inadequate. Therefore, in addition to any other rights or remedies available, the non-breaching party may seek injunctive relief, including preliminary injunctive relief. This Section 14 will not be construed to prohibit the disclosure of Confidential Information if such disclosure is required by law or order of the court or other governmental authority. If allowable under law or judicial order, the Disclosing Party will be given prompt notice of the receipt of any subpoena or other similar request for such disclosure in order to allow it to obtain a protective order in advance of disclosing such information. In any event, the Receiving Party will only disclose the portion of Confidential Information that it is legally required to disclose under such law or order.
Data Protection & Privacy Policy. The Data Processing Agreement is located at https://www.opskingdom.com/legal and will be incorporated in these Terms when signed or agreed to by both Parties. The Customer acknowledges acceptance of Ops Kingdom’s privacy policy located at https://www.opskingdom.com/legal. Each User will be prompted to accept such privacy policy upon initial login.
Fees and Payments
Fees; Late Payment. Unless otherwise outlined during a purchase or an order, (i) all fees outlined in any order or purchase (the “Fees”) are invoiced monthly in advance and are due and payable net seven (7) days, and (ii) are non-refundable. The Customer shall be responsible for paying Ops Kingdom for all pre-approved costs and expenses incurred by Ops Kingdom in providing any services to the Customer under these Terms and an applicable purchase or order. The Customer agrees to pay such costs and expenses within 30 days of invoice by Ops Kingdom. Any Fees not received from the Customer by the due date shall accrue late interest charges at the lower of (i) 1.5% of the outstanding balance per month (being 18% per annum) or (ii) the maximum rate permitted by law, from the date such payment is due until the date paid. The Customer shall also pay all sums expended by Ops Kingdom (including reasonable legal fees) in collecting any overdue payments.
Taxes. The Fees outlined in any purchase or order issued hereunder do not include taxes. Except for taxes imposed on Ops Kingdom that are based on Ops Kingdom’s net income, the Customer shall be responsible for all sales, use, value-added, or other taxes or duties, as applicable, payable concerning these Terms or arising out of the Service provided to the Customer. If Ops Kingdom pays such taxes on the Customer’s behalf, the Customer agrees to reimburse Ops Kingdom for such payment immediately upon demand. If any withholding tax is payable on the sums payable to Ops Kingdom under these Terms, the Customer shall pay Ops Kingdom such amount as is necessary to ensure that the net amount received by Ops Kingdom after such withholding shall be equal to the amount originally due. If the Customer is tax exempt or has direct pay status, then the Customer will provide Ops Kingdom with a valid tax exemption or direct pay certificate authorized by the appropriate taxing authority, simultaneous with the execution of any purchase or order.
Termination Policies
Termination; Effects of Termination. These Terms and any associated purchase or order(s) may be terminated by a Party within seven (7) days of written notice or cancellation of purchase or order(s). Upon termination of these Terms:
- each of the Parties shall deliver or destroy all Confidential Information of the other Party (including, without limitation, confidential information and Customer Data) which is in its possession, care or control (except for information which is required to be kept for backup or data retention purposes, in which case such information will be kept confidential under these Terms until the deletion, and upon the other Party’s request provide a written certification of the same
- if Ops Kingdom terminates these Terms or any purchase or order under this Section 20, Ops Kingdom reserves all rights and remedies available under law, including but not limited to collection of those Fees and charges otherwise payable for the remainder of the committed Term outlined in the purchase or order, whether such fees are due to be paid presently or are due to be paid in the future;
- if the Customer terminates these Terms under this Section 20, the Customer shall only pay those Fees that have accrued up to the date of termination, and any prepaid Fees attributed to a period after termination shall be promptly refunded by Ops Kingdom to the Customer;
- Any provisions or obligations (including payment obligations) which by their nature shall continue, will survive termination of these Terms.
Access and Compliance
Access and Audit. Ops Kingdom shall have the right to remotely access the Customer’s instance of the Service from time to time, for purposes of (i) providing services and/or support, administration, invoicing; and (ii) inspecting the Customer’s utilization of the Service to ensure the Customer’s compliance with the provisions of these Terms. Any access for the foregoing purposes shall be done in a manner that does not disrupt the use of the Service by the Customer.
Compliance with Laws. Each Party will comply with all applicable international, federal, state and local laws and regulations with its use of the Service and in performing its obligations hereunder.
Assignment and Transfer
Assignment. These Terms and any rights or obligations hereunder, shall not be assigned, sublicensed or otherwise transferred by the Customer by a change of control of the Customer or by operation of law without the prior written consent of Ops Kingdom which shall not be unreasonably withheld. Ops Kingdom may transfer or assign its rights and obligations hereunder by providing prior written notice to the Customer. These Terms shall be binding upon and shall inure to the benefit of Ops Kingdom and the Customer and each of their successors and permitted assigns.
Independent Contractors. Nothing contained in these Terms shall be deemed or construed as creating a joint venture or partnership between the parties; no Party is by virtue of these Terms authorized as an agent, employee or agent representative of the other Party.
Governing Law and Notices
Governing Law. The rights and obligations of the parties and all interpretations and performance of these Terms shall be governed by and construed by the laws of Estonia, without regard to conflicts of laws principles. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
Notices. Any notices, demands, and other communications hereunder shall be in writing and shall be delivered and sent by electronic transmission to the addresses outlined in the purchase or order. All notices shall be effective and deemed to be delivered if sent by email on the business day following the date of dispatch or the date of transmission, as the case may be. Either Party may change the address for notice by giving written notice of such change to the other Party in the manner provided in this Section.
Miscellaneous
Severability. If any provision of these Terms is held to be unenforceable or illegal by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable or shall be severed from these Terms, and all other provisions of these Terms shall remain in full force and effect.
Prevailing Party. In the event of litigation relating to the subject matter of these Terms, the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs
Marketing. The Customer agrees that Ops Kingdom may use the Customer’s name and logo to identify the Customer as a customer of Ops Kingdom on Ops Kingdom’s website and as a part of a general list of Ops Kingdom’s customers for use and reference in Ops Kingdom’s corporate, promotional and marketing literature.
Conclusion
Entire Agreement. These Terms, inclusive of any document expressly incorporated by reference, and along with the executed purchases or orders, constitute the entire agreement and set forth the entire understanding between the Parties hereto concerning the subject matter hereof and supersede all prior agreements, covenants, arrangements, and discussions with respect thereto. In the event of an inconsistency between the terms and conditions contained herein and the purchases or orders, the terms of the purchase or order shall govern to the extent necessary to remedy such inconsistency. Any terms and conditions contained in Customer purchase orders or other documents shall be void and of no force or effect.
Privacy Policy
This policy is effective as of October 11, 2024
Last updated: October 16, 2024
Introduction
Your privacy is important to us. It is Ops Kingdom’s core principle to respect your privacy and comply with applicable laws and regulations concerning any personal information we may collect about you.
The purpose of this privacy policy (“Policy”) is to explain how, when and why Ops Kingdom collects information about individuals. The Policy also describes how, for what purposes and on what grounds these Personal Data are subsequently processed, who processes them and what rights the individuals have in connection with their Personal Data.
When we refer to “Ops Kingdom” or use the word “we”, “our” or “us”, we mean the Ops Kingdom entity that acts as the “controller” of the information we hold about you or the “processor” of the information that a Customer has entrusted to us, as explained in more detail under the “identifying the data controller” part of this Policy. The phrase “Ops Kingdom entity” refers to the following company: Sanker OÜ, an Estonian private limited company, registration number 16941561, based in Estonia. The contact details of this entity are listed at the end of this Policy.
Ops Kingdom collects, generates, and receives information in a variety of ways. Some of this information constitutes Personal Data, and the rest does not. We shall use the word “Information” to designate any of the data that are collected, generated, or otherwise processed by us or on our behalf.
Application
This Policy applies to the data processing that takes place through or in connection with the following: (a) your use of Ops Kingdom Service; (b) your visiting, or accessing resources that form part of, any Ops Kingdom website; or (c) your communication or interaction with Ops Kingdom; insofar as the above activities are not subject to another privacy policy or similar document.
The Policy does not apply to third-party products, services, websites, resources or activities.
The Policy supplements our other terms and policies and is not intended to override them. If any provision of the Policy conflicts with any Service-related information provided elsewhere, the provisions in the Terms of Service shall prevail.
Personal Data
Personal Data is any information about a living individual from which that person can be identified. Personal Data includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use our website or online service.
Personal Data do not include information from which no individual can reasonably be identified. That is, anonymous information or personal data rendered anonymous in a way that the individual is not, or no longer is, identifiable (de-identified or anonymized information). The Policy does not apply to such information.
Identifying the Data Controller
We are a company that relies much on technology, and a lot of what we do involves data processing in one way or another. Various data need to be processed in several ways for us to carry out our business, including providing, maintaining, and developing the website and Service and communicating with you. Information is processed both for us as well as our customers, and customers themselves process Information through the Service. Not all of this Information constitutes Personal Data, and much of the processing is controlled by parties other than Ops Kingdom.
Ops Kingdom is the ‘controller’ of the Personal Data that is collected by us or on our behalf through the activities listed in section “Application” of this Policy or which are otherwise processed for our business. Specifically, it is Ops Kingdom that acts as the ‘controller’ of the said Personal Data. The following sections explain the collection and subsequent processing of these data in more detail.
Ops Kingdom is using sub-processors to provide service development, service delivery, and customer support services for the Service. To see the full list of sub-processors, please visit the Sub-processors page.
Information we collect and receive
Information we collect falls into one of two categories: “voluntarily provided” and “automatically collected”.
“Voluntarily provided” information refers to any Information you knowingly and actively provide us when using or participating in our Service.
“Automatically collected” information refers to any Information automatically sent by your devices in the course of accessing our website and Service.
We collect Information about you in the course of negotiating, preparing, concluding, and amending agreements between you and Ops Kingdom. The Information collected may include the data provided in such agreements and any data that you furnish to negotiate, conclude, or amend those agreements.
If you subscribe to a paid Service, we ask you to supply us with the full name of the person or entity that will pay for the Service, their physical address, and, optionally, email address and VAT number. The payer may or may not be the User subscribing to the Service plan, so we can receive the Information about you from another User.
In the case of a paid Service, you will supply a third-party payment service provider (who acts independently from us) with such Information as they request from you to facilitate your payments to us.
We do not collect any Information about your methods or instruments of payment.
Accessing resources on our websites may (depending on the site visited, resource accessed, device used, and your hardware and software settings), result in the following Information being collected: your IP address, approximate location, website entry and exit pages, referral sites and keywords, session time and duration, activities on the Website (e.g., pages viewed, links followed, clicks made), web browser type, version and settings (including, e.g., language preferences), device type, name and settings as well as the type and version of its operating system, and your internet service provider or mobile network operator. Some of this Information is collected by the use of cookies, as described in the next section.
When you visit our website or retrieve resources (e.g., files or other information) that form part of our website, certain pieces of data known as cookies are sent to the device you are using and will be stored there. Your web browser stores them either at our request or the request of a third party whose services we use. Each cookie, in one way or another, distinguishes you from other Users and website visitors.
We are not allowed to use cookies unless you agree to it, and by allowing them via the cookie banner, you have agreed. If the device you are using is not your own, we expect you to have the owner’s authorization to agree on their behalf with us to store cookies on the device and retrieve information from it as described in this Policy. By using the device, you are confirming to us that you are so authorized.
If we receive personal information about you from a third party, we will protect it as set out in this Policy. If you are a third party providing Personal Data about somebody else, you represent and warrant that you have such person’s consent to provide the Personal Data to us.
We also receive such Information from you as you provide us when filling in forms (e.g., requests, applications, questionnaires, and surveys) on our website or via the Service or when you participate in our Service-related campaigns or programs, sign up to receive notifications, newsletters or other communications from us, request support for the Service, interact with our social media accounts or correspond or otherwise communicate with Ops Kingdom. If you email us or send us a letter or a message, we may retain a record of such communication, including your name and address, email address or telephone number (as applicable), the content of your communication, and our response. We may complement this data with other Information.
Legal Basis for Information Processing
We will only collect and process your Personal Data when we have a legal right to do so.
Most commonly, we will process your Personal Data in the following circumstances: (a) if we need to perform an agreement you have with us or it is necessary to take pre-contractual steps at your request before entering into such an agreement (on “Contractual” basis); (b) where we need to comply with a legal obligation, e.g., one arising from a law or regulation concerning taxation, accounting, financial reporting, prevention of terrorism or money laundering, or judicial or administrative process (on “Legal” basis); (c) if it is warranted by our legitimate interests or those of a third party and such interests are not overridden by yours or your fundamental rights and freedoms (based on “Interest”); (d) where we have your unambiguous consent before processing your Personal Data in that specific situation (based on “Consent”).
The communications that we initiate with you can broadly be classified as: (a) Service-related technical, administrative, business, legal, and promotional messages that you have subscribed to. We address such communications to Customers and Users, and which you only receive if you are one (“Service Communication”); and (b) messages about products, services, events, and other matters you have shown interest in or which we believe may be of interest to you (“Marketing Communication”).
Where you give us consent to collect and use your Personal Data for a specific purpose, you may withdraw your consent at any time using the options we provide. However, this will not affect any processing of your Information that has already taken place. If you have any further enquiries about how to withdraw your consent, please feel free to contact us using the details provided in the Contact Us section of this Policy. There is, however, some Service Communication that forms a part of the Service and which you cannot opt out of receiving unless you terminate the Service.
Personal Data Retention
We only store your Personal Data for as long as necessary, or compatible with, the purposes for which the data was collected and such additional period as may be required by law.
Legal retention periods vary depending on the type of Information concerned, and they can be quite long. For instance, Personal Data relevant to our accounting or taxation must be retained for at least seven years after the primary purpose for their processing ceases to apply.
Disclosure of Personal Data
This part of the Policy only addresses the disclosures and transmissions of Personal Data and not, for example, anonymous or de-identified Information (which we may transmit and disclose at any time to anyone anywhere, in any manner and for any purpose).
We have engaged and will continue to use third-party service providers to assist us in providing, maintaining, developing, protecting and promoting the Service and our website. We may, for example, use such parties for hosting the Service or a Website, sending out Service Messages or Marketing Messages, providing or hosting customer support services, performing analyses related to the Service or our website, or processing payments. We may also store Personal Data in locations outside our direct control, e.g., on third-party cloud infrastructure or platforms or cloud infrastructure whose operation we have entrusted to other parties. These service providers may have access to your Personal Data for the limited purpose of providing the service we have engaged them to provide. Importantly for you as a data subject, our use of such service providers may involve transmitting your Personal Data to jurisdictions other than the one you reside in. Where this is the case, section “International transfers of Personal Data” will apply.
We may share your Personal Data with outside accountants, legal counsels, and auditors, as well as trusted partners we utilize to provide the Service to you.
We may be obliged to disclose some or all of your Personal Data if we receive an Information request from an authority or there is a law or regulation that requires us to disclose without specific request (e.g., to comply with national or international measures against terrorism or money laundering). We may also be compelled to disclose your Personal Data by a judicial, arbitral, administrative, or otherwise mandatory order or judgment. Where any of the foregoing applies, we shall make the disclosure, and we may not be permitted to tell you that your Personal Data have been disclosed.
There may also be situations where we find the disclosure of your Personal Data to be necessary in order to exercise, enforce, or defend our rights, freedoms, or legitimate interests or to protect the rights, freedoms, or legitimate interests of a third party (e.g., a data subject or an intellectual property owner).
We shall disclose your Personal Data at your request (unless legally prohibited, impracticable or involving unreasonable effort or expense) or may do so upon your Consent.
International Transfers of Personal Data
We may transfer your Personal Data to jurisdictions other than the one you reside in.
We shall not transfer your Personal Data from countries participating in the European Economic Area (“EEA”) to those which do not, or from the EEA to international organisations, unless the recipient country or the particular person or entity receiving the data ensures an adequate level of protection for the data received, or, if it does not, then without applying such safeguards as legally required and/or without the transfer being subject to such other conditions as the law provides for these kinds of transfers.
Personal Data Security
We shall maintain adequate technical and organisational measures to ensure such level of security in our processing of Personal Data as appropriate in the given circumstances. Upon assessing whether a measure is adequate and which level of security is appropriate we consider the nature of the Personal Data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing of your Personal Data, the state of the art, the costs of implementation and other relevant aspects in the particular circumstances.
The measures referenced in the preceding section particularly address the following: (a) the protection of Personal Data against unauthorised or unlawful processing and against accidental loss, alteration or destruction; (b) the integrity and confidentiality of Personal Data; and (c) the availability and resilience of the Service features pertinent to the processing of Personal Data.
However, please be aware that our efforts notwithstanding, we cannot guarantee that your Personal Data, during transmission over the internet or while stored in our systems or those of our service providers or while otherwise in our care, will be safe from unauthorized or unlawful processing or accidental loss, alteration or destruction, or that they will indeed be intact and confidential at all times or shortly available after any incident. Note also that we cannot control, and are not responsible for, the actions of other parties with whom you share (or instruct us to share) your Personal Data.
Your rights as a Data subject
Data subjects in the EEA have certain statutory rights under the GDPR concerning the Personal Data that we collect and process about them. We encourage you to deepen this understanding by studying the GDPR yourself.
As noted earlier in the Policy, you can exercise some of your data subjects’ rights (such as the right of access and the right to withdraw consent) through the means presented to you. If you are unable to do so, or if the right in question cannot be thus exercised, then please use the contact details at the end of this Policy to get in touch with us, and we shall do what we reasonably can to facilitate the exercise of your rights.
We aim to respond to any legitimate request within a month of its receipt but it may take us longer if your request is particularly complex or you have made several requests. If that is the case, we shall let you know and keep you updated.
We shall not charge you any fee for exercising the above rights unless your requests are clearly unfounded or excessive (e.g., because of their repetitive character), in which case we may charge a reasonable fee. Alternatively, we may decline your request in such circumstances.
Your rights under Californian law
The rights in this section of the Policy are applicable to residents of California.
California consumers have a right to knowledge, access, and deletion of their personal information under the California Consumer Privacy Act. California consumers also have a right to opt out of the sale of their personal information by a business and a right not to be discriminated against for exercising one of their California privacy rights. We do not sell the personal information of California consumers and do not discriminate in response to privacy rights requests.
Third-party Cookies. Third parties that have content embedded on our website may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a website from a certain IP address. Please read third party cookie policies to get more information about their use of cookies.
Right to lodge a complaint with a supervisory authority
In case you believe that we are processing your Personal Data in violation of the GDPR or any other legal framework, you have the right to complain to the supervisory authority located in the EEA country where you reside or work or where the alleged infringement took place, or you can file a complaint with the Estonian supervisory authority whose details are below.
Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon)
19 Väike-Ameerika St, Tallinn, 10129, Estonia
Tel: +372 6274 135
Email: [email protected]
https://www.aki.ee/en
Changes to this Policy
We may revise this Policy from time to time to reflect changes to the Service, our website, applicable laws, regulations or standards or other changes that may occur in our business.
We shall post the revised Policy on our website and we may also use the Service, email or other means for notifying you of such changes.
Contact details
Feel free to get in touch with us if you have any questions about this Policy or our data processing practices or if you would like to exercise any of your data subjects’ rights concerning the Personal Data we maintain on you.
E-mail us: [email protected]
Data Protection Agreement
Coming soon….