WOKI Policies

Terms and Conditions of Use

1. Terms and Conditions of Use

The reading and acceptance of these TERMS AND CONDITIONS OF USE (hereinafter, the "Terms of Use") is a necessary condition for the use of the services of the wokiconsulting.com website (hereinafter, the "Website").

The Terms of Use constitute General Terms and Conditions of Business, are of a contractual and binding nature and govern the relationship between any user of the Website (hereinafter, the "User") and WOKI CONSULTING (hereinafter, "Woki Consulting"), a Spanish company, with registered office at C/ Velazquez 86-b - 1º Derecha 28006 - Madrid and commercial register and e-mail: asuntoslegales@wokiconsulting.com.

The use of this Website and its services implies full acceptance of the provisions included in these Terms of Use according to the version published by Woki Consulting at the time the User accesses the Website. The use of certain services offered to Users through the Website may be subject to specific conditions that, depending on the case, replace, complete and/or modify these Terms of Use. Therefore, prior to using these services, the User must also carefully read and accept the corresponding specific conditions, where applicable.

1.1 Parties involved

The following actors are involved in the Website:

  • WOKI CONSULTING: Company owner of the web portal hosted under the domain that serves as a meeting point between Experts who want to offer their services and Clients who need professional services.
  • CLIENTS: Natural or legal persons who are interested in contracting certain consultancy services.
  • EXPERTS: Individuals or legal entities that offer their consulting services through the Platform.
  • USER: Any person who accesses and browses the website, regardless of whether they register and use any of the services offered.

2. Description of the service

The purpose of the Web Site is to offer business consulting services, through a digital space that brings together the best and most reliable experts to solve the problems of MSMEs (customers).

Woki Consulting offers its experts the option to create their consulting services -free or with a defined price- in an easy and simple way, so that later the Users can visualize the consulting services portfolio of the different experts, and take any of them if they wish. For a user to be able to take a consultancy, he/she must be registered as a Client; and for a user to be able to create consultancies and offer them, he/she must be registered as an Expert. Users do NOT pay a monthly or subscription fee.

Payments for each consultancy are made by Paypal or Stripe. From each sale made, the experts receive 70% of the perceived profit and the other 30% will correspond to wokiconsulting.com. The experts may request payment of the profits received for their consultancies after XX days of the sale, as long as they have a minimum amount of USD$XX.00 available as balance in their account. Payments to the experts are made through Paypal. Although wokiconsulting.com does not charge any commission for the withdrawal of the money, it is possible that the bank or Paypal may claim their own commissions, a cost that must be assumed by the experts.

3. Age and legal capacity

The Web Site is intended for persons of legal age who have full legal capacity and the necessary legal capacity to use it. Minors under this age are not authorized to use the Web Site and should not, therefore, use the services of the same, so Woki Consulting reserves the right to cancel the data of those Clients and Experts who, having been requested to do so, do not prove to the satisfaction of Woki Consulting to be of legal age.

4. User registration

Woki Consulting conditions the use of some of the services to the previous completion of the corresponding User registration, either as an Expert or as a Client, indicating at least the information marked with an asterisk. The User can unsubscribe from Woki Consulting's registration at any time by writing to administrador@wokiconsulting.com. At the moment of registration, the User will receive an email with his/her user name and password, such password may or may not be changed at the moment of logging in.

If the registered User is an Expert User, he/she must wait at least 24 hours for his/her profile to become available. A profile availability notification email will be sent to such user, which will allow him/her to configure his/her schedule availability on the Website calendar.

The User undertakes to keep his/her user name and password confidential and to use them with due diligence. The User undertakes to notify Woki Consulting as soon as possible of any unauthorised use of his/her username and password or any other breach of security. Woki Consulting will not be liable for any damages or losses that may arise due to non-compliance with this obligation.

The User is solely responsible for the information provided in his/her registration, guarantees that the data provided to Woki Consulting are true and up to date and is responsible for notifying Woki Consulting of any modification of the same and for keeping all the information provided updated so that it corresponds at all times to his/her real situation.

5. Payment Policy

Expert users who use the platform to sell their consultancies are not employees of wokiconsulting.com. Woki Consulting compensates only for the work performed within the platform.

5.1. Payment by customers

Consultancies can be paid by PayPal or Stripe. In this sense, clients must have accounts created on each of the above-mentioned platforms.

5.2. Your rate

Experts define the price of their consultancies. Woki Consulting reserves the right to refuse the publication of a consultancy if it considers that the price is not in accordance with the content and characteristics of the consultancy in question. The expert user will be able to modify the price to seek the approval of his consultancy.

5.3. Not eligible for compensation

Woki Consulting will not compensate a user who publishes a consultancy, in which it is evident that he is not qualified to deal with the required subject.

5.4. Compensation on wokiconsulting.com

Experts are compensated one month after the sale. For example, if a sale is made in May, the expert user will be paid at the end of June. To withdraw his compensation, the expert user must have a Paypal account and in turn must have accumulated a minimum of $50 in his Woki Consulting account in sales.

5.5. Customer refund policy

We offer clients the possibility to ask for a 30-day refund if they are not satisfied with the consultancy they have purchased.

The refund will only be made through the reimbursement of credits within your Woki Consulting account. Before refunding the payment we need you to provide us with some information:

  • Letter documenting your name, the date, details of the purchase and reasons why you wish to return the course,
  • Details of your Credit Card (name, date) or PayPal account,
  • Identification document with which we can corroborate that the TDC and your PayPal account are indeed yours.

Once we have verified your identity and reviewed the reasons for your refund request, we will proceed to refund your payment as credits in Woki Consulting. Common reasons for refunds are as follows:

  • The audiovisual quality of the consultancy compromises the pedagogical quality of the same.
  • The contents of the consultancy do not meet the expectations or objectives set.

5.6. Fees and Commissions

Expert users acquire 70% of the profits for each consultancy sold. Woki Consulting charges a 30% commission for the use of the platform and marketing efforts.

We do not charge any fees for withdrawal methods. However, it is possible that PayPal may retain part of the fee, depending on the collection method you choose. In that case, the decision is at your own risk.
PayPal charges a fee of 5.4% + 0.30 of the Amount Paid.

6. Consultancies in the delivery phase and/or in progress

User clients and experts are responsible for compliance with the Community Guidelines. Woki Consulting has no control over the compliance of any party. Among other things, Woki Consulting cannot control the accuracy or legality of the topics and information imparted during a consultancy or the performance of any of the parties in the consultancy. Accordingly, Woki Consulting is not responsible for any liability arising from any action you may take in connection therewith, nor is Woki Consulting a party to any transaction between you and any other user.

To the fullest extent permitted by law, you release Woki Consulting and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the "Woki Consulting Parties") from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, in connection with any dispute relating to any transaction or transaction with another user of the service. You agree and acknowledge that this assumption of risk and release is binding on you and your heirs, executors, agents, administrators and assigns.

Woki Consulting reserves the right, but has no obligation, to remove any consultancy from the platform at any time and for any reason. In the event that Woki Consulting makes use of this right, you are entitled to immediate deletion of the personal information pertaining to you (EU Regulation 2016/679).

7. Special rules for client users

  • You agree to accept all terms and conditions when you register and pay for a consulting service.
  • The consultancies available in Woki Consulting are offered directly by the expert users. Woki Consulting is not responsible for any information about your advertisements and profiles on the service.
  • You agree to follow all reasonable rules established by an expert user with respect to a consultancy.
  • It is up to the customer user to exercise good judgment and heed any instructions or advice given by the expert user.
  • It is forbidden to resell or share access to any consultancy acquired within the platform, i.e. the user may not acquire a consultancy and share their account data for profit. Woki Consulting reserves the right to monitor the amount of income that each user has from any of the consultancies purchased by the user, even after the issuance of the closing statement.
  • You have the right to access the data you provide for the performance of the service at any time, and you have the right to clarify, limit or delete them, provided that they are not essential for the performance of the service (EU Regulation 2016/679).

8. Special rules for expert users

  • By creating or publishing a consultancy at Woki Consulting, you assume full responsibility for the content offered.
  • By uploading content to a consultancy at Woki Consulting, you understand that it will be publicly available for viewing by any user.
  • By publishing a consultancy on Woki Consulting, you may not deny the purchase of the consultancy to users for any discriminatory or illegal reason, accepting their registration or participation at the stipulated price.
  • You represent and warrant to Woki Consulting that you are qualified to provide the consultancy you have listed in the service portfolio and that you shall at all times conduct yourself in a professional manner and in accordance with all applicable laws.
  • You undertake not to misuse your clients' personal information. Abuse is defined as the use of personal information for purposes other than those explicitly defined in the consultancy without the prior consent of each client.
  • You understand that, by providing a consultancy, client users will have the opportunity to rate their experience in the form of reviews and ratings. We cannot control the content of such a rating and Woki Consulting is not responsible for the information or opinions that a user may include in the rating.
  • You have the right to access the data you provide for the performance of the service at any time, and you have the right to clarify, limit or delete them, provided that they are not essential for the performance of the service (EU Regulation 2016/679).

9. Modification or deletion of information granted

Users may exercise their rights of access, rectification, cancellation and opposition by sending an email to privacidad@wokiconsulting.com. For more information about Woki Consulting's use of the data it receives, please consult our Privacy Policy. here.

10. Use of the services and the website

Users undertake to use the services offered through the Website in accordance with the legislation in force, these Terms of Use, the specific conditions specified for certain services and other notices and instructions made known to them, as well as with generally accepted morals and good customs and public order.

The Users will renounce to use any of the materials and information contained in this Web Site for illicit purposes or purposes expressly prohibited in these Terms of Use as well as the particular conditions that, if applicable, are enabled, or against the rights and interests of Woki Consulting, its members or third parties and will be liable to them in case of contravention or breach of such obligations or, in any way (including the introduction or diffusion of "computer viruses") damage, render useless, overload, deteriorate or impede the normal use of the materials and information contained in the Web Site, the information systems or the documents, files and all kinds of contents stored in any computer equipment (hacking) of Woki Consulting, its members or any User of the Web Site.

10.1. Account terms

The following terms apply to the use of the service and any account you may open or attempt to open through Woki Consulting:

  • Any person over eighteen (18) years of age may freely give their consent; if they are under eighteen (18) years of age, they must provide the details of their parents/legal guardian in order for their acceptance of these terms and conditions to be considered valid.
  • You must be a human being to open an account. Accounts registered by "bots" or other automated methods are not allowed.
  • All personal information you provide on the registration form and thereafter must be true and accurate.
  • You are responsible for maintaining the security of your account and password. Woki Consulting will not be liable for any loss or damage caused by your failure to comply with this security measure.
  • You agree not to upload any copyrighted file, trademark or proprietary material to the service without the express permission of the owner.
  • You agree to use the service only for lawful purposes and not to use it in a way that infringes the use or rights of any other user.
  • At any time, you may request in writing, all information that Woki Consulting holds about you (purposes of such information, legal basis, period of holding information and indication of the possibility of withdrawing consent at any time). You have the right to obtain the rectification and/or restriction of inaccurate personal data concerning you, as the case may be. You also have the right to have incomplete personal data completed, including by means of an additional declaration.
  • Woki Consulting undertakes to provide upon your request, all the information you require and the personal information stored in our records, providing the same by any written or computerised means. If you wish to delete your account, please contact us at privacidad@wokiconsulting.com. In this case, you will be entitled to immediate deletion of the personal information belonging to you. (EU Regulation 2016/679).

10.2. Conduct of use of the service

Use of the Service is subject to all applicable laws and regulations. You are solely responsible for the content of your communications on the Service. You agree not to upload, share, post, publish, distribute or facilitate the distribution of any files - including text, communications, software, images, sounds, data or other information - that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimize, harass, degrade, or intimidate a person or group of people based on their religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property or proprietary right of any party;
  • It constitutes unauthorised or unsolicited advertising or unsolicited bulk mail (also known as "spam"), chain letters, any other form of unauthorised solicitation or any form of lottery or gambling;
  • Contains computer viruses or any other computer code, files or programs designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment, or to damage or gain unauthorised access to any data or other information of any third party.

These measures are supplemented by action by the competent supervisory authority in the event of accidental or unlawful destruction, loss or alteration of personal data transmitted and stored, otherwise processed, or unauthorised disclosure of or access to such data (EU Regulation 2016/679).

Impersonating any other person or entity, including any of our employees or representatives, is strictly prohibited. Attempting to negotiate the fee for a consultancy with another user directly (outside of wokiconsulting.com) after the consultancy has been created and before the consultancy has closed (i.e. during the course of the consultancy) is prohibited.

We do not endorse, nor do we assume any responsibility for, the content of any user. However, we and our agents have the right, at their discretion, to remove any User Submission or other content that, in our sole judgment, does not comply with these Terms of Service and any other rules of user conduct of the Service, or is otherwise harmful or inaccurate. We shall not be liable for any failure or delay in removing any User Submission or other content. You knowingly waive any claim against us arising out of such termination of any User Submission, whether your own or another user's, and you waive any claim against us arising out of such termination of any User Submission.

You may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server. Not all parts of the Service may be available to you or other authorised users of the Service. You may not interfere with any other person's use and enjoyment of the Service. Users who violate network security systems may incur criminal or civil liability.

You agree that we may at any time, in our sole discretion, terminate your participation, account or other affiliation with the Service without notice for violating any of the foregoing provisions. You further acknowledge that we will cooperate fully with investigations related to the breach of network security systems on other sites, and that we will cooperate with law enforcement authorities in the investigation of suspected criminal violations. In the event that Woki Consulting makes use of this power, you will be entitled to immediate deletion of personal information belonging to you. Woki Consulting will adopt, once in force, any other code of conduct used by the authorities or States where the service is executed (EU Regulation 2016/679).

10.3. Website anti-spam policy

Users are obliged to refrain from:

  • Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes.
  • Make available to third parties, for any purpose, data collected on the Website.

Users or third parties harmed by the receipt of unsolicited messages may report this circumstance by sending a message to the following e-mail address: privacidad@wokiconsulting.com.

10.4. User Suspension or Revocation

If Woki Consulting considers that the User is in breach of these Terms and Conditions, it reserves the right to suspend or revoke the User's registration and right to access or use the Website at any time and without liability or need to inform the User.

Woki Consulting may use any operational, technological, legal or other available method to enforce these Terms (including, without limitation, blocking IP addresses). Woki Consulting may notify the User about the blocking or cancellation of his/her access to the Website, although it is not obliged to do so.

11. Reviews and Ratings

Once the consultancy has been completed, the Client Users shall review and rate the Expert User who gave the consultancy, in order to qualify the performance of the same. In the same way, the Expert Users must make a review and evaluation to their Client Users in the form of ratings, in order to qualify the performance of the same.

Rating the performance of Users is the only way Woki Consulting has to understand about the performance of Clients and Experts, and thus make decisions on whether or not to keep a user within the platform according to their performance. Likewise, reviews and ratings are the only letter of introduction to users who visit the Website and view the portfolio of services.

Clients and Experts may insert opinions and comments in their review. Such opinions may be based on those services provided as a result of the use of the Website. Woki Consulting reserves the right to publish, extract, summarize or abbreviate the content of the opinions made by Clients and Experts. The User agrees not to transmit, disseminate or make available to third parties any content or comments or opinions that, by way of example and not exhaustive:

  • In any way that is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
    • Induce, incite or promote criminal, denigratory, defamatory, defamatory, violent or, in general, actions contrary to the law, generally accepted morals and good customs or public order.
    • Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
    • Do not take into account the services offered by the Expert or comments that have no qualitative value.
    • Incorporate, make available or allow access to products, elements, messages or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
    • Induce or may induce others to an unacceptable state of anxiety or fear
    • Whether they are offensive, insulting or degrading.
    • Do not correspond to the work dictated by the Expert.
    • Are contrary to the right to honour, to personal and family privacy or to one's own image
    • Violate the regulations on the secrecy of communications.
    • Are related to advertising on sites within the jurisdiction of the Website or its advertisers.
    • Whether they are false or do not correspond to reality.
    • Whether the advertising is illicit, misleading or unfair.
    • They cause difficulties in the normal operation of the services due to their characteristics (such as format, extension, etc.).

Woki Consulting reserves the right to remove from the Website all comments and opinions that are not in accordance with these Terms of Use. Woki Consulting is in no way responsible for the contents or opinions expressed by a User on the Website.

Likewise, Woki Consulting reserves the right to modify the content published by the Expert on the Web Site, for the sole purpose of advertising, to give it a better presentation and distribution on the Web, and to highlight the characteristics of the services offered, as well as to adapt the content to the style and the minimum quality standards of Woki Consulting. For this purpose, the Expert authorizes Woki Consulting to, free of charge, make such modifications or adaptations, to freely reproduce, distribute, advertise or exploit by any form or means such content published by the Expert, waiving any rights of economic content that may correspond, by way of compensation or any other title.

12. Intellectual and industrial property

Woki Consulting owns the domain names:

wokiconsulting.com

wokiconsulting.com

customer.wokiconsulting.com

The Website in its entirety, including without exclusion its design, structure and distribution, texts and contents, logos, buttons, images, drawings, trademarks, trade names, source code, creativities, as well as all intellectual and industrial property rights and any other distinctive sign, belong to or are assigned to Woki Consulting or, where appropriate, to the natural or legal persons listed as authors or holders of the rights or their licensors, without it being understood that the use and access to the Website and the use of its services attributes to the User any right over the aforementioned elements. The User undertakes to respect these rights.

Except as expressly permitted by applicable law or as described in these Terms and Conditions, the relevant licence or the agreement entered into, you may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, sell or license all or any part of the content, products or services obtained from this site in any medium to any person. In this context, the reproduction, exploitation, alteration, distribution or public communication of the Website for uses other than the legitimate information or contracting by Users of the services offered is prohibited.

You may view and reproduce portions of material from the different areas of the service exclusively for your own use and not for commercial use, provided that you agree not to modify or remove any copyrights or proprietary rights from the materials. The proprietary contents of each consultancy may not be copied, saved, downloaded, transmitted, stored or printed by any user, except for supplementary files that are identified as part of the result of the consultancy for clients.

Without the prior written permission of Woki Consulting, you may not obtain the contents of the Site to create, directly or indirectly, a collection, compilation, database or directory via robots or data mining, data gathering or similar data extraction tools or manual processes. You may not use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Woki Consulting or its affiliates without written consent. You may not use internal tags or any other "hidden text" utilizing the Woki Consulting name or trademarks without the written consent of Woki Consulting. If you have any questions about the use and requests for permission to publish, reproduce, distribute, display or perform derivative works of any content, please contact us at info@wokiconsulting.com.

12.1. Material published by Users

The User is the owner and sole responsible for all material that he/she publishes on the Website, provided that he/she is the legitimate owner of what he/she publishes. By publishing it, the User guarantees that he/she has permission to do so. Woki Consulting will not assume any responsibility for any intellectual or industrial property rights owned by third parties that are infringed by a User.

You also grant Woki Consulting the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material. By using the Website, the User acknowledges that he/she does not have any ownership rights or licenses to the same.

Each party agrees and undertakes not to disclose confidential information of the other without its prior consent, unless this information is part of the public domain (EU Regulation 2016/679).

Woki Consulting informs of the existence of a system for claiming rights over the content published on the site, by sending an email to the following address: privacidad@wokiconsulting.com

13. Exclusion of guarantees and liability

Woki Consulting is only a knowledge marketplace between users. We do not hire or employ Experts nor are we responsible for any interactions between the Expert users involved and their respective Clients. We are not responsible for any disputes, claims, injuries, or monetary or other damages that may result from the conduct of users.

At our request, you agree to defend, indemnify and hold us and the other Woki Consulting parties harmless from all liabilities, claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Service or any of the other governing documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Except in those cases expressly described in these Terms of Use and the rest of the regulatory framework of this Web Site, Woki Consulting is not responsible for damages of any nature that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that may suffer the information and services contained in this Web Site or other content that can be accessed through it and assumes no duty or commitment to verify or monitor its content and information.

13.1. Exclusion of guarantees and responsibility for the operation of the Website and its services

Woki Consulting does not guarantee the availability and continuity of the functioning of the Website and its services. Woki Consulting will try to give sufficient advance notice of any interruptions that may occur in the operation of the Web Site and its services whenever possible. Woki Consulting, or its server, may not be free of viruses, bugs, spyware, Trojans or similar malicious software. Woki Consulting is not responsible for any damage to your computer hardware or software or other technology. Nor is Woki Consulting responsible for any loss of information resulting from the transmission, use of erroneous data or content posted by Users.

Woki Consulting excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and its services or the lack of usefulness that Users may have attributed to the Website and its services and, in Client, although not exclusively, to failures in access to the different web pages that make up the Website.

13.2. Exclusion of guarantees and responsibility for the use of the Website, services and content by Users

Woki Consulting does not guarantee that the Users use the services and contents of the Web Site in accordance with the present Terms of Use and, in its case, with the particular conditions that may be applicable, nor that they do it in a diligent and prudent way. Woki Consulting does not guarantee the veracity of the data that the Users provide about themselves either in their registration area or in their participation in the Website. Likewise, Woki Consulting does not guarantee that the contents posted on the Web Site by the Users comply with the present Terms of Use, with the particular conditions and with the current legislation. Woki Consulting excludes any liability for damages of any nature that may be due to the use of the services and contents by the Users, or that may be due to the lack of veracity, validity or authenticity of the information that the Users provide to other Users about themselves and, in particular, although not exclusively, for damages of any nature that may be due to the impersonation of a third party by a User in any kind of communication made through the Website.

13.3. Exclusion of guarantees on links to other websites

This Website contains links or hyperlinks to other websites. The User should be aware that Woki Consulting is not responsible for the privacy practices or the content of such other websites. We advise Users to be aware that by using one of these hyperlinks they are leaving our Website and should read and review the terms and conditions and privacy policies of those other websites.

13.4. Exclusion of guarantees for the qualification of the Experts and the performance of the consulting services.

Woki Consulting will not intervene in any case in the negotiations carried out between Client and Expert, remaining outside of them at all times, so it will not be responsible, in any case, for the fulfillment of the obligations of the Client with the Expert, expressly exempting the Client and the Expert to Woki Consulting of any disagreement that may arise between them.

It is the sole responsibility of the Client to verify the suitability of the services offered by the Expert and that they meet the Client's needs. The Client also assumes the responsibility of examining the qualifications, training and professional competence of the Expert. In no case Woki Consulting will control or intervene in the execution of the work by the Expert, nor in the adequacy, quality or result of the same, so Woki Consulting excludes, to the full extent permitted by law, any liability for damages of any nature that may be due to the execution or result of the work entrusted to the Expert, and the Client expressly exempts Woki Consulting from any discrepancy, liability, damage, harm or impairment as a result of the contracting or the consultancy performed by the Expert.

14. Complaint

In the event that any User or third party considers that there are facts or circumstances that reveal the illicit nature of any content on the Website or its use, he/she should contact Woki Consulting through asuntoslegales@wokiconsulting.com or through the contact details indicated on the Website and in the Legal Notice, always indicating (i) the personal data of the claimant (name, address, ID or passport number, telephone number and email address) and (ii) the alleged unlawful activity carried out on the Website and its motivation that reveal such unlawful nature.

15. Duration and termination

The presentation of the services that Woki Consulting provides through the Web Site has, in principle, an indefinite duration. However, Woki Consulting is authorized to terminate or suspend the provision of its services at any time, without prejudice to what has been provided in this regard in the corresponding particular conditions. In any case, if possible, Woki Consulting will try to give prior notice of the termination or suspension of any or all of the services.

16. Applicable law and jurisdiction

Access to and use of the Website, as well as the interpretation, fulfilment and execution of these terms and conditions, shall be subject to the provisions of Spanish law. If you are a commercial entity, the place of jurisdiction for all disputes arising out of or in connection with your contract, regardless of its legal merits, shall be the courts of A Coruña (name where the company is registered).

17. Effective date and amendments to terms of use

These Terms of Use were last updated on May 7, 2019.

Woki Consulting reserves the right to unilaterally modify, amend or change these Terms of Use at any time. When this occurs, the new Terms of Use will be posted on the Website and the effective date will be published at the end of the Terms of Use. We recommend that you visit this page regularly to keep up to date with any changes. If you do not agree to any changes to these Terms of Use, do not use the Website. Your continued use of the Website constitutes your acceptance of these Terms of Use and any amendments thereto.

Privacy Policy

Status 06.05.2019

In compliance with the provisions of the regulations on data protection, the user is informed that all the data provided will be included in a file, created and maintained under the responsibility of Woki Consulting.

We will always respect the confidentiality of your personal data, which will only be used for the purpose of managing the services offered, responding to your requests, carrying out administrative tasks, as well as sending technical, commercial or advertising information by ordinary or electronic means.

1. Authority responsible for processing the data

Woki Consulting, located at C/ Velazquez 86-b - 1º Derecha 28006 - Madrid, is responsible for the collection, processing and use of your personal data in the context of the use of the services offered by Woki Consulting within the meaning of the General Data Protection Regulation (GDPR).

1.1 Contact information for our DPO

You can address any questions regarding the protection of personal data to Woki Consulting or send a request to exercise your rights of access, rectification, opposition, deletion, limitation, portability to our Data Protection Officer:

2. Collection, processing and use of personal data

2.1 Data we collect

As part of your use of our services and your navigation on our website, Woki Consulting collects several categories of data, details of which are given below. This data comes from:

  • Information you give us. When you create your account, update your profile or your customer account, or when you exchange with our team. These personal data are, for example, data allowing your identification, your email address, your photo, your bank details.
  • Information resulting from your use of our services. We collect information about the services you use and how you use them. For example, email usage, data relating to your navigation on the site, the pages you have viewed, your activity on the platform, and information relating to transactions.

We do not process special categories of data (sensitive data) such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data concerning the sex life or sexual orientation of individuals.

Expert's data

We inform you, at the time of collection, whether the data are mandatory or not.

 
Customer data

We inform you, at the time of collection, whether the data are mandatory or not.

 
Statistical information on the use of our services

Data collected through user behaviour on the platform and the use of the different modules of the site.

For example, we collect statistics on the use of the secure messaging service we offer through the chatbot (percentage of messages answered, response time); statistics on end-of-consultancy evaluations (customer reviews and ratings); user login and navigation data, statistics on the use of the search engine and the survey and "tell us what you need" form; statistics on commercial data such as the number of consultancies carried out.

2.2 Purpose/Purpose

Woki Consulting processes your personal data, in particular during your connection to the Site, your registration on the Site, your activity on the Site or when you use the payment system.

The data we collect allows us to provide, manage, protect and improve our services, develop new ones and protect both our users and ourselves.

In particular, these data are intended to:

  • The creation and management of your account;
  • The use of the services of the site;
    • For experts, the optimization of your search engine referencing; for customers, the proposal of the most relevant search results;
    • Ensure that the proposed consultancies are relevant;
    • To protect our users against spam and to guarantee the quality of our service (especially thanks to statistics);
    • Enable communication between users (experts and clients) by providing secure instant messaging;
    • Verification of the proposed consultancies on the framework of our terms of use
  • Personalized follow-up to address you only through relevant communications (notifications sent by the site);
  • Secure the wokiconsulting.com site, as well as the data and exchanges that take place on the site;
  • The management of the financial flows that intervene through the platform and, in particular, through the means of payment offered by the site (paypal and stripe);
  • To develop our services in order to offer you new functionalities and adapt them to your needs: to this end, we compile statistics to monitor the audience of the pages of our website and to monitor commercial activities and user behaviour on the platform. These statistics are anonymised as often as possible;
  • Ensuring the quality of profiles, fighting fraud;
  • Send you notifications related to your activity on the site, such as when you have received a message, a payment;
  • Communicate with you: Woki Consulting may use the information collected to communicate with you about products, services, promotions, research, surveys, news, updates and events.

3. Legal basis for processing operations

Woki Consulting processes most of your personal data within the framework of the service contract that you concluded when you registered on the site by accepting our general terms of use(if you wish to read our general terms of use again, you will find them here
). However, we may process certain data concerning you on the basis of your consent, due to legal obligations or to fulfil our legitimate interest in processing them.

  • Service contract: Woki Consulting processes most of your personal data within the framework of the service contract that you concluded when you registered on the site by accepting our general terms of use(if you wish to consult our general terms of use again, you will find them here). Thus, all data you communicate to us during the creation and management of your profile, as well as data necessary for the creation, follow-up of a consultancy purchase, exchanges you may have with our support service or as part of secure messaging and communications we send you, in connection with our services or the follow-up of your account are processed within this legal framework.
  • Legal obligations: Finally, we process certain data due to legal obligations imposed on us in connection with the management of payments made through the platform (paypal and stripe).

4. Transfer of personal data to third parties

Woki Consulting is the recipient of the personal data collected through the Site.

We will only disclose your personal data to companies, organizations or third parties in the following circumstances:

  • Share with registered users the information regarding their profile within the platform;
  • Where necessary for external processing needs, and only in this case, we transmit this data to our trusted service providers who process it on our behalf, in accordance with our instructions or in accordance with a contractual agreement, in accordance with this document and in compliance with any other appropriate security and confidentiality measures. We may share your personal information with them only for the purposes set out below. So,
    • to Paypal and Stripe as means of payment;
    • to Tidio, GDPR Cookie Consent and Google LLC (Google Analytics) for statistical purposes;
    • We also transmit your personal data to our service providers responsible for ensuring the security of our information system and, in particular, of our website, as well as of the data you communicate to us (in particular, backups of our database with GoDaddy);
    • The storage of some of the data processed by Woki Consulting, such as photos, attachments exchanged through the site's email (Amazon Web Services);
  • Where necessary to comply with legal, regulatory or judicial obligations. We will retain or disclose your information if we believe it is reasonably necessary to satisfy any legal or regulatory obligation, legal process or administrative request, to protect the safety of an individual, to deal with any problems of a fraudulent, secure or technical nature, or to protect the rights or property of our users.

Important: Woki Consulting does not sell your data/information and documents you entrust to us to third parties and does not disclose personal and private information outside of the situations described in this Privacy Policy.

5. International data transfers

We inform you that international data transfers involve a flow of personal data from Spanish territory to recipients established in countries outside the European Economic Area (the countries of the European Union plus Liechtenstein, Iceland and Norway).

Woki Consulting, for the proper provision of its services will transfer your personal data outside the EEA as follows:

Recipient Service Country Guarantees
GoDaddy.com, LLC Backing up USA European Commission's adequacy decision
Experts of the Woki Consulting platform who are not located in countries subject to an adequacy decision by the European Commission. Provision of contracted consultancy services Argentina
Israel
Spain
Italy
Costa Rica
Mexico Norway
Norway
United States
Chile
Colombia
Peru
Venezuela
Ecuador
Morocco
Seychelles
Paraguay
Bolivia
Panama
Honduras
Dominican Republic
Aruba
Andorra
Nicaragua
Puerto Rico
European Commission standard contract clauses.
Woki Consulting platform experts in countries subject to an adequacy decision by the European Commission Provision of contracted consultancy services Argentina
Israel
Spain
Italy
Costa Rica
Mexico Norway
Norway
United States
Chile
Colombia
Peru
Venezuela
Ecuador
Morocco
Seychelles
Paraguay
Bolivia
Panama
Honduras
Dominican Republic
Aruba
Andorra
Nicaragua
Puerto Rico
European Commission decision on adequacy

6. Data security

We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

We undertake to use all available means to ensure the security and confidentiality of this data in particular:

  • We encrypt most of our services using SSL technology.
  • We store the data obtained with AES-256 encryption and follow all PCI-DSS requirements.
  • We conduct internal audits of data collection, storage and processing, including physical security measures, to prevent unauthorized access to our systems.
  • Access to personal data is strictly reserved to Woki Consulting employees and service providers who need access to it in order to process it on our behalf. These persons are subject to strict confidentiality obligations and may be subject to disciplinary sanctions, including dismissal, in case of breach of these obligations.

7. Payments

The payment methods used by Woki Consulting are third party services. These third party services (Paypal, Stripe, AZUL), comply with all security and encryption standards to keep information secure. They will only use the information necessary to complete the required process. We also recommend reading the privacy policies of these providers to better understand how they handle the information provided:

8. Frequency of data storage and deletion

Woki Consulting retains your information for as long as your account remains active, unless you request that it be deleted. In some cases, we may retain information about you by law or for other purposes, even if you delete your account. Woki Consulting will delete your information or anonymise it upon your request.

9. Users' rights

9.1. Access rights

You have a right of access to the data concerning you processed by Woki Consulting. It allows you to see the data we hold about you and, if you wish, to request a copy.

9.2. Rights of rectification

You may also request that incomplete personal data concerning you be completed, including by means of a supplementary statement of support.

So that you can exercise this right as easily as possible, we invite you to make these changes and additions directly in your profile. If you believe that other data concerning you should be changed or supplemented and you are unable to make this change yourself, we invite you to request this directly in the rights section of our data protection centre.

9.3. Disposal rights

You have the right to obtain the erasure, as soon as possible, of personal data concerning you, subject to our legitimate interest or any legal obligation to retain it.

9.4. Right to limit processing

You may request Woki Consulting to limit the processing of your data (for example, by temporarily making your profile unavailable on the Site.

9.5. Right of opposition

You may oppose the sending of communications, in particular commercial communications, by Woki Consulting. You may also object, for legitimate reasons, to the processing of your data, unless this is a legal obligation imposed on the company.

9.6. Right to withdraw consent

You have the right at any time to refuse the processing of your personal data for personal reasons. You also have the right to refuse the processing of your personal data for direct marketing purposes.

9.7. Right to lodge a complaint with a supervisory authority

Woki Consulting has its registered office at C/ Velazquez 86-b - 1º Derecha 28006 - Madrid. Therefore, the competent supervisory authority to hear any request concerning us, including, where appropriate, a user's complaint, is the Spanish Data Protection Agency (AEPD).

If you wish to submit an application to the AEPD, you will find the details below:

AEPD (Spanish Data Protection Agency)

C/ Jorge Juan, 6

28001-Madrid

Tel: 901 100 099 / 91 266 35 17

CURRENT: Monday to Friday from 9:00 to 17:30, with the following exceptions

  • On the occasion of the San Isidro holiday, the opening hours for the public and registration from 13 to 17 May 2019 will be from 9:00 to 14:30
  • From 15 to 17 April 2019, from 16 June to 15 September 2019, from 23 December 2019 to 7 January 2020, both inclusive, the opening hours for citizen services and registration will be from 9:00 to 15:00.

Electronic application site: https://sedeagpd.gob.es/sede-electronica-web/

10. Amendment of the Data Protection Directive

This Privacy Policy may change from time to time. Please check our website frequently for the latest version.

11. Contact

Please send your request duly identified by e-mail or post to the following address:

Postal address in Spain

privacidad@wokiconsulting.com

Cookie Policy

In accordance with Article 22 of the Law on Information Society Services and Electronic Commerce, as well as the RGPD, this website collects its own and third-party browsing cookies, in order to collect information on user entry or identification; reproduction and loading of forms and/or content plug-ins; advertising; statistics; among others.

The purpose of this policy is to inform you of the different cookies that WOKI collects through the different media or communication channels, own or third party, exempt or not from the duty to inform and the different means by which you can allow or block them. In any case, you are informed that blocking or not allowing cookies may affect the correct browsing of the contents reproduced on the Website.

What is a cookie?

A "Cookie" is a small file that is stored on the user's computer, tablet, smartphone or any other device with information about navigation.

The set of "cookies" of all our users helps us to improve the quality of our website, allowing us to control which pages are useful, which are not and which can be improved. Cookies are essential to the functioning of the internet, providing countless advantages in the provision of interactive services, facilitating the navigation and usability of our website.

Under no circumstances could cookies damage your computer. On the contrary, the fact that they are active helps us to identify and resolve errors.

Why should I allow cookies?

By enabling cookies, you can get a better experience on our website. In addition, there are some basic actions that require cookies, such as purchasing a phone line or transactions in the customer area.

What happens if I block the cookies?

If you choose to block cookies, it may prevent some features of the wokiconsulting.com website from working properly. This will restrict what you can do on our website.

If you accept these limitations and decide to block cookies, please follow the instructions for your browser in the next section.

What kind of cookies are there?

According to the entity that manages it:

  • Own cookies: These are sent to your computer from our own computers or domains and from which we provide the service you request.
  • Third-party cookies: These are cookies that are sent to your computer from a computer or domain that is not managed by us, but by another collaborating entity. For example, those used by social networks or external content such as Google Maps.

Depending on how long they remain activated:

  • Session cookies: These are temporary cookies that remain in the cookie file of your browser until you leave the website, so none of them remain registered on the hard drive of your computer. The information obtained through these cookies is used to analyse web traffic patterns.
  • Persistent cookies: These are stored on your hard drive and our website reads them every time you visit our site. A permanent website has a specific expiry date. The cookie will stop working after that date.

According to its purpose:

  • Strictly necessary cookies: are those cookies necessary to provide the requested service, as well as to remember the configuration preferences.
  • Technical cookies: These are necessary for browsing and the proper functioning of our website. They allow, for example, to control traffic and data communication, access restricted areas, carry out the purchase process of an order, use security elements, store content to be able to broadcast videos or share content through social networks.
  • Personalisation cookies: These cookies allow you to access the service with predefined characteristics according to a series of criteria, such as language, the type of browser through which you access the service, the regional configuration from where you access the service, etc.
  • Analysis cookies: These cookies allow us to quantify the number of users and thus carry out the measurement and statistical analysis of the use made by users of the services provided. To do this, your browsing on the website is analysed in order to improve the range of products and services we offer.

What cookies do we use?

The list below describes the cookies we use

Cookie Supplier Type Purpose of the cookie Description
fr Facebook Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
hjAbsoluteSessionInProgress Hotjar Persistent Functionality Cookies Cookie used to assign navigation flows to a user in Hotjar and expires in 24 months.
yabs-sid Yandex Session Performance Cookies These cookies are used for the measurement and analysis of the traffic of this website and expire in 24 months.
bscookie Linkedin Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
cfduid Tidium Persistent Cookies strictly necessary Cookie that allows the chatbot to work
_gid Google Analytics Persistent Performance Cookies Google Analytics' own cookie and is used to distinguish users and expires in 26 months.
lissc Linkedin Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
lang Linkedin Session Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
ymex Yandex Persistent Targeted Cookies These cookies are used for the measurement and analysis of the traffic of this website and expire in 24 months.
lang Linkedin Session Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
wordpress_test_cookie Internal Persistent Cookies strictly necessary Wordpress Configuration Cookie
cfduid Tidium Persistent Cookies strictly necessary Cookie that allows the chatbot to work
cat_UA-148447621-1 Google Analytics Persistent Performance Cookies Google Analytics' own cookie and is used to distinguish users and expires in 26 months.
_ga Google Analytics Persistent Performance Cookies Google Analytics' own cookie and is used to distinguish users and expires in 26 months.
yandexuid Yandex Persistent Targeted Cookies These cookies are used for the measurement and analysis of the traffic of this website and expire in 24 months.
OptanonConsent Internal Persistent Cookies strictly necessary It stores information about the categories of cookies used by the site and whether visitors have given or withdrawn their consent to the use of each category.
bcookie Linkedin Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
cfduid Internal Persistent Targeted Cookies The main business activity is: Social exchange and monitoring services.
_fbp Facebook Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
_hjIncludedInPageviewSample Hotjar Persistent Functionality Cookies Cookie used to assign navigation flows to a user in Hotjar and expires in 24 months.
csrfCookie Internal Persistent Cookies strictly necessary The user's token to access the calendar is stored here.
OptanonAlertBoxClosed Internal Persistent Cookies strictly necessary Set after visitors have seen a cookie information notice and, in some cases, only when they actively close the notice. It allows the website not to display the message more than once to a user. The cookie has a lifetime of one year and does not contain personal information.
i Yandex Persistent Targeted Cookies These cookies are used for the measurement and analysis of the traffic of this website and expire in 24 months.
UserMatchHistory Linkedin Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
_hjid Hotjar Persistent Performance Cookies Cookie used to assign navigation flows to a user in Hotjar and expires in 24 months.
_gat Google Analytics Persistent Performance Cookies Google Analytics' own cookie and is used to distinguish users and expires in 26 months.
lidc Linkedin Persistent Targeted Cookies It contains a combination of unique user and browser identification, which is used for targeted advertising.
ea_session Internal Persistent Cookies strictly necessary Calendar session variable.

How can you set or disable your cookies?

You can allow, block or delete cookies installed on your computer by configuring the options of your Internet browser. If you do not allow the installation of cookies in your browser, you may not be able to access some of the services and your experience on our website may be less satisfactory.
The following links provide you with all the information you need to configure or disable your cookies in each browser:

Google Chrome
Mozilla Firefox
Internet Explorer
Safari for IOS (iPhone and iPad)
Chrome for Android

Your consent applies to the following URLs:

wokiconsulting.com

https://customer.wokiconsulting.com

Expert terms and conditions

1. Obligations of the Expert

By accepting these terms and conditions, The Expert represents and agrees that:

1.1 He knows and agrees that the success and use of the website is subject to the use and exploitation that he makes directly of it.

1.2 You authorise WOKI to access and use the information that you will provide for your registration, such as email, telephone and other relevant information, as well as those generated by your use of the platform.

1.3 It will have the equipment, technology and tools necessary for the effective operation of the Website, being at its sole cost and account all expenses incurred in connection with the operation of this.

1.4 You acknowledge that the Website in its entirety, including its design, structure and layout, texts and contents, logos, buttons, images, drawings, trademarks, trade names, source code, creativities, know how as well as all intellectual and industrial property rights and any other distinctive sign, belong to or are assigned to WOKI or, where appropriate, to the natural or legal persons listed as authors or holders of the rights or their licensors.

1.5 The Expert is solely responsible for the content of the material, information, communications and in general any data or content provided through the Website. In this regard, The Expert warrants to WOKI that: (i) he/she will be responsible for any false or inaccurate information he/she provides; (ii) he/she is qualified to provide the consulting and services he/she has listed on the Website and (iii) he/she will conduct him/herself at all times in a professional manner and in accordance with all applicable laws.

1.6 You agree not to upload, share, post or facilitate the distribution of any file - including text, communications, software, images, sounds, data or other information - that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, incites hatred against any person or group, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or that directly or indirectly encourages cruelty or extreme violence against animals or people; (ii) Victimises, harasses, degrades or intimidates a person or group of persons on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, as well as the exploitation of minors; (iii) infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other intellectual property or proprietary right of any party, or use them without the express permission of the owner; (iv) constitutes unauthorised or unsolicited advertising, or unsolicited bulk email (also known as "spam"), chain letters, any other form of unauthorised solicitation or any form of lottery or gambling; (v) Contain computer viruses or any other computer code, files or programs designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment, or to damage or gain unauthorised access to any data or other information of any third party; (vi) Abuse the personal information of its customers. Abuse is defined as the use of personal information, for purposes other than those explicitly defined in the consultancy, without the prior consent of each client; or, in general, that violates any provision of law.

1.7 To keep confidential all information, media, data and materials obtained and to which it has access, which is provided to it and in general, of all information that is made available to it by WOKI or clients or users of the Website, for the purposes of the execution of this contract; or in general to all that which, by its very nature, must be treated as such. In this regard, The Expert undertakes to treat such information as such by him and by each and every one of his partners, employees and staff, if any, and may not disclose it to any third party, unless he notifies WOKI and WOKI has given its prior written consent to such disclosure. The Expert acknowledges that the Information collected shall be used for the sole purpose of fulfilling the obligations or exercising the rights arising from the performance of this Agreement and shall refrain from communicating it in whole or in part to third parties and/or using it for the benefit of others. The Expert undertakes to comply with the duty of confidentiality for the entire duration of this contract and to comply with all data protection regulations, in accordance with the General Data Protection Regulation and the Organic Law on Data Protection and Guarantee of Digital Rights. The legal regime relating to data protection, between WOKI and the Expert, will be regulated in section 7 of these general terms and conditions, in order to comply with the provisions of the regulations in force.

1.8 Adopts the necessary technical and organizational measures to guarantee the security of personal data and prevent its alteration, loss, processing or unauthorised access, whether by human action or by physical or natural means. WOKI for its part undertakes to include on the website the necessary notices relating to the "Legal Notice", the "Privacy Policy", the "Cookies Policy" and the "Terms and Conditions" in accordance with the provisions of the regulations relating to data protection, which it expressly declares to be aware of.

1.9 Because The Website has been designed as a community of knowledge among users, The Expert acknowledges and agrees that WOKI is not responsible for the interactions between it and the users or customers of the Website. Consequently, WOKI shall not be liable for any disputes, claims, injuries, or monetary or any other type of damages that may result from the conduct of users, nor for damages of any nature that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions in the information and services placed by The Expert on the WEBSITE or other content that may be accessed through the WEBSITE. Accordingly, The Expert agrees to defend, indemnify and hold WOKI harmless from all liabilities, claims and expenses, including attorneys' fees, arising out of any violation or breach of this Agreement or other negligent or wrongful conduct on its part.

1.10 Delegates to WOKI, in its name and on its behalf, to establish and issue all invoices (billing mandate) for the services and consultancies that it provides to the Clients through the Website, all in accordance with the provisions of Title IX, Chapter I of the Spanish Civil Code. This mandate will come into effect upon acceptance of the Terms and Conditions and will last until your withdrawal or closure of your account on the Website. The Expert may revoke this mandate at any time, without particular reason, by registered letter with acknowledgement of receipt sent to WOKI. However, it is noted that the validity of this mandate is a condition of use of the platform, and its revocation will lead to the closure of the Expert's account. The Expert acknowledges that he/she retains his/her legal and fiscal obligations with regard to invoicing, particularly with regard to his/her obligations to declare and pay VAT and withholding taxes, in accordance with Law 37/1992 of 28 December 1992 on Value Added Tax.

To provide WOKI with all the information necessary for WOKI to be able to invoice, in your name and on your behalf, for the services provided through the Website as well as to pay you the corresponding amounts for the consultancy services provided, such as DNI/NIE, complete address, tax identification, Bank and account number, IBAN, Swift/BIC, ABA and other information that may be required.

2. Creation and publication of consultancies

WOKI offers the Experts to publish consultancies for Clients and/or Users accessing the Website. To do so, the Expert provides the information and characteristics of the service he/she wishes to publish - detailed below-. In any case, the Experts shall be solely responsible for any false or inaccurate information they provide and for any damages that may be caused to WOKI or third parties by such information.

A consultancy must comply with the following characteristics:

  • The consultancy must have a minimum duration of two hours (120 minutes) and must consist of at least one video conference
  • The consultancies are structured in three phases, introduction, execution and closing. The first and third stages are already predetermined in the platform, the second phase is where the expert shapes his consulting service through different stages.
  • The expert accepts the operation of the calendar that WOKI makes available to the customer to schedule appointments with the expert.
  • The stages can be composed of different formats or types of content: Video (.mp4 .mov .avi), Audio (.wav .aif), PDF. Videos from Youtube or Vimeo can also be linked as lesson content (as long as the user has the necessary copyright or authorisations). Additionally, content can be placed from GoogleDrive. Client evaluations can also be carried out within the stages to collect valuable data for the results of the consultancy.
  • Whenever possible, it is recommended that the stages in video format do not exceed four hours in length.
  • The stages can include complementary and downloadable files in any format.
  • It is recommended that the consultancy contains a promotional video and a cover image, it is a marketing argument.
  • Consultancies must clearly express the objectives of the consultancy, as well as the details, descriptions and other information concerning the contents of the consultancy.
  • The expert is in charge of defining and placing the price of your consultancy in the section provided for this purpose.
  • The consultancy must have a closing act at the end of the consultancy. This closing act is mandatory for the continuity of the administrative and assessment processes of the consultancy.

Consultancies must be approved by WOKI for activation and publication in the service portfolio. In case the consultancy has not been approved by WOKI, this may be due to the following reasons:

  • Incomplete basic consulting information.
  • Objectives of the consultancy not defined.
  • The consultancy does not meet the minimum duration.
  • The cover image is not of good quality.
  • The biography of the expert "profile" is incomplete.
  • There are false, incorrect or incomplete contents.
  • There are suspicions of possible copyright infringement.
  • Any other aspect that WOKI may consider.

By purchasing a consultancy, the Client consents, that his contact data and be transferred to third parties as it is in this case to the Expert who provides the consultancy service.

The Client may inform WOKI of any irregularity detected with respect to the Experts and consulting services advertised through the Website. If WOKI becomes aware that any User is violating the law, it will immediately proceed to cancel the User's account.

3. Payment Policy

Expert users who use the platform to sell their consultancies are not employees of wokiconsulting.com. WOKI compensates only for the work done through the platform.

3.1 Customer payments

Consultancies can be paid through PayPal or Stripe, for now, until other payment mechanisms are enabled. In this regard, customers will be able to use the payment instruments available through each of the platforms mentioned above.

WOKI will invoice the customers on behalf of the expert. With the "registration by the expert on the Platform, the expert grants WOKI an invoicing mandate", whereby he/she delegates to WOKI the issuance of the invoice to the customer, which will be elaborated from the WOKI software. For this purpose, the expert shall inform WOKI of the necessary data for the issuance of the invoices on his own account and of the bank details for making the corresponding payments. WOKI will regularly inform about the invoices and payments received.

3.2 Your rate

Experts define the price of their consultancies. WOKI reserves the right to refuse the publication of a consultancy if it considers that the price is not in accordance with the content and characteristics of the consultancy in question. The expert user will be able to modify the price to seek approval of his consultancy. The corresponding taxes must be included in the price. The WOKI team will always be ready to support you in any aspect you need.

3.3 Not eligible for compensation

WOKI will not discharge an Expert who proposes a consultancy, where it is evident that he/she is not qualified to address the required topic or it is not a consultancy linked to the essence and mission of WOKI, it is part of the quality system that WOKI has established in the development of the platform.

3.4 Compensation in WOKI

The compensation to the experts will be made ten days after the closing and completion of the consultancy, once the client receives the closing minutes of the consultancy or the final document of the consultancy. To withdraw his compensation, the expert user will previously provide all the necessary bank data to make his payment when the consultancy is finished.

3.5 Customer Refund Policy

We offer customers the possibility to ask for their money back if they are not satisfied with the consultancy purchased, once they have finished the first phase of their consultancy which corresponds to the introductory session. The money refund will be made only through the refund of credits within your WOKI account. Before refunding the payment we need you to provide us with some information:

  • A letter with your name on it indicating the reasons why you wish to cancel the contracted consultancy.

Once we have verified your identity and reviewed the reasons for your refund request, we will proceed to refund your payment as credits on WOKI. Common reasons for refunds are as follows:

  • The contents of the consultancy do not meet the expectations or objectives set.
  • The expert did not comply with the dates and times previously agreed upon.

4. Fees and Commissions

Expert users receive a percentage of the revenue for each consultancy sold, and WOKI also charges a percentage commission for the operational management and marketing of the platform.

The prices published by the platform include all taxes generated by the consultancy, according to the country of residence of the client and the expert.

No commission is charged for payments made to the experts. The amount to be transferred will be the total amount paid by the customer, minus WOKI fees and applicable taxes.

WOKI will issue an invoice to the expert for its operating expenses. At the end of each consultancy the expert will receive the invoice made to the client and WOKI's invoice for his expenses.

5. Consultancies in the delivery phase and/or in progress

Customer and expert users are responsible for compliance with the Terms and Conditions and community guidelines contained herein. WOKI has no control over the compliance of any party. Among other things, WOKI cannot control the accuracy or legality of the subjects and information imparted during a consultancy or the performance of any of the parties thereto. Accordingly, WOKI is not responsible for any liability arising from any action the expert may take in connection therewith, nor is WOKI a party to any transaction between it and any client user.

Expert releases WOKI and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the "WOKI Parties") from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, in connection with any dispute relating to any transaction or transaction with another user of the Service. The Expert agrees and acknowledges that this assumption of risk and release is binding on him and his heirs, executors, agents, administrators and attorneys-in-fact.

WOKI reserves the right, but has no obligation, to remove from the platform any consultancy at any time and for any reason. In case WOKI makes use of this power, the expert shall be entitled to immediate deletion of the personal information belonging to him/her (EU Regulation 2016/679).

6. Special rules for expert users

  • By creating or publishing a consultancy on WOKI, the expert assumes full responsibility for the content offered.
  • By uploading content to a WOKI consultancy, you understand that it will be available to the public for viewing by any user.
  • When publishing a consultancy in WOKI, you cannot deny the purchase of it to users for any discriminatory or illegal reason, accepting their registration or participation at the stipulated price.
  • The expert represents and warrants to WOKI that he/she is qualified to provide the consulting services listed in the service portfolio and shall at all times conduct him/herself in a professional manner and in accordance with all applicable laws.
  • The Expert declares that the information, content and in general all the material exchanged with the Client through this website does not infringe any third party's copyrights.
  • The Expert undertakes not to abuse the personal information of its clients. Abuse is defined as the use of personal information for purposes other than those explicitly defined in the consultancy without the prior consent of each client.
  • The expert understands that, by providing a consultancy, client users will have the opportunity to rate their experience in the form of reviews and ratings. We cannot control the content of such a rating and WOKI is not responsible for the information or opinions that a user may include in the rating.
  • The expert shall at all times have the disposition over the data he/she grants for the execution of the service, being able to clarify, limit or delete them, as long as they are not essential for the execution of the service (EU Regulation 2016/679).

7. Data protection

The Parties undertake to maintain absolute confidentiality regarding the information and documentation provided or to which they have access during the provision of the Service, and not to disclose or use, directly or indirectly, the information derived from this contractual relationship.

Under current data protection regulations, we inform you that the data will be collected by Woki Consulting Europa S.L., acting as data controller, to carry out the execution of this contract and the provision of the service referred to in these terms and conditions. The basis of legitimacy is the contractual execution. Your data will not be transferred to third parties, except by legal mandate. The data will be kept for the time necessary to carry out the contractual performance, being blocked for a period of five years after the termination of the relationship. The data protection rights that data subjects may exercise, where applicable, are: Right to request access to personal data relating to the data subject; Right to rectification or erasure; Right to object; Right to request limitation of processing; Right to data portability; Right not to be subject to decisions based solely on automated data processing. Right to withdraw consent and to lodge a complaint with the competent supervisory authority.

On the other hand, the access to the data by the expert, acting as a co-processor, will be regulated according to the geographical location of the expert:

  • In the event that the expert provides his consulting services within the European Economic Area, it shall be regulated by the provisions of Annex 1 of these terms and conditions.
  • In the event that the expert is located in Switzerland, Canada, Argentina, Andorra, Guernsey, Isle of Man, Jersey, Faroe Islands, Israel, Uruguay, New Zealand or Japan, the content specified in Annex 1 will apply, taking into consideration that the guarantee for the transfer of data to these countries is an adequacy decision, pursuant to Article 45 RGPD.
  • In the event that the expert provides his services outside the European Economic Area and it is not one of the countries specified in the previous point, the guarantee of such transfer will be the regularization of the relationship by means of standard clauses between data controllers, drawn up by the European Commission. Such clauses are attached in Annex 2 of these terms and conditions.

8. Effective date and modifications of the expert's contract.

These terms of use were last updated on May 1, 2020.

WOKI reserves the right to unilaterally modify, amend or change these terms of use at any time. When this occurs, the new terms of use will be published on the website, as well as the date on which they become effective at the end of the terms of use. We recommend that you visit this page regularly to keep up to date with any changes. If you do not agree to any changes to these terms of use, please do not use the Website. Your continued use of the Website constitutes your acceptance of these terms of use and any modifications.

Annex 1

Co-responsibility agreement

PARTIES:
Woki Consulting, S.L.
Y
El Experto

The parties acknowledge, in the concept in which they respectively intervene, the legal capacity necessary for the execution of this co-responsibility agreement and, by virtue of it,

MANIFESTAN

  1. That the parties are bound by the present terms and conditions, the purpose of which is the use of the WOKI platform to carry out consultancy services.
  2. That, in compliance with data protection regulations, as well as the specific processing of personal data to be carried out by the signatories of this document, it is necessary to formalise this Agreement of co-responsibility, given that the signatories will jointly determine the objectives and means of the processing. All of the above in accordance with the following

CLAUSES

  1. DEFINITIONS:
  2. In this agreement the following terms shall have the following meanings:

    • Co-responsible for processing: Those natural or legal persons who jointly determine the objectives and means of processing.
    • Stakeholders: natural person who is the owner of the personal data processed.
    • Personal data: : Any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is any person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
    • Processing: any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
    • Controller: the natural or legal person, public authority, service or other body which alone or jointly with others determines the purposes and means of processing; if Union or Member State law determines the purposes and means of processing, the controller or the specific criteria for its nomination may be laid down by Union or Member State law.
    • International data transfer: Transfer of the personal data of the data subjects to a third country or international organization.
    • Data protection regulations: Applicable data protection regulations in force.
    • breach of security: any breach of security leading to the accidental or unlawful destruction, loss or alteration of, or unauthorised disclosure of or access to, personal data transmitted, stored or otherwise processed
    • Supervisory authority: Independent public authority established by a Member State of the European Union, specifically for this contract the Spanish Data Protection Agency (AEPD).
  3. OBJECT:
  4. The purpose of this agreement is to determine in a transparent and mutually agreed manner the data protection responsibilities to be assumed by the signatories to the Main Contract.

    Both parties recognize each other as co-responsible for the processing, subject to the obligations contained in this agreement.

  5. DURATION:
  6. The duration of this agreement shall be subject to the continuity of the Main Contract.

  7. OBLIGATIONS OF THE CO-RESPONSIBLE PARTIES:

    The Joint Controllers and all their personnel, as a consequence of the processing carried out on the personal data of the data subjects, derived from the Main Contract, undertake to:

    1. To provide the interested parties, at the time their personal data are obtained, with the following information
      1. Identity and contact details of the data controller and the data processor, and where appropriate, their respective representatives.
      2. The contact details of the data protection officer, if any.
      3. The purposes of the processing for which the personal data of the data subjects are intended.
      4. The basis of legitimacy for each of the processing purposes.
      5. In cases where the processing is based on a legitimate interest, a description of the interest must be established.
      6. The recipients or categories of recipients of the personal data, if any.
      7. Where applicable, the intention to carry out an international transfer of personal data, as well as the respective guarantee to carry out the transfer, in accordance with data protection regulations.
      8. The period of time for which personal data are to be kept, or where this is not possible, the criteria used to determine this period.
      9. The existence of the right to request access, rectification, erasure, restriction and objection to the processing of their personal data, as well as the right to request portability of their personal data and, where appropriate, the right not to be subject to automated individualised decisions, including profiling.
      10. Where the basis of legitimacy is the consent given by the data subject, information should be given on the possibility for the data subject to withdraw consent at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.
      11. The right of the person concerned to lodge a complaint with the supervisory authority.
      12. When the communication of personal data by data subjects is a legal or contractual requirement, or a necessary requirement for entering into a contract, it will be necessary to inform them whether or not they are obliged to provide such data, as well as the possible consequences of not communicating them.
      13. Where appropriate, the existence of automated decisions, including profiling, as well as the logic applied and the expected consequences of such processing.
      14. In cases where it is intended to further process personal data for a purpose other than that for which they were collected, information concerning the new purpose and any additional relevant information within the meaning of paragraphs "h, i, j, k, l, m" must be provided to the data subjects before such processing starts.
    2. Assist each other in cases where data subjects exercise their rights of access, rectification, erasure and objection, restriction of processing, data portability and, where appropriate, not to be subject to automated individualised decisions. In such cases, the following shall be taken into account:
      1. The data subjects may exercise the above rights before any of the Parties responsible for the processing.
      2. The Correspondents of the treatment must answer to the exercise of the corresponding right, in the maximum term of 30 natural days counted from the reception of the request.
    3. To keep a record of the processing activities carried out under its responsibility. Those processing operations that are carried out jointly as a consequence of the Main Contract and regulated by this agreement shall be recorded in the Register of Processing Activities of each Joint Controller. This register shall contain at least the following information:
      1. The name and contact details of the controller, as well as of the person responsible for the processing and, if applicable, the representative of the controller, and the data protection representative.
      2. The purpose of the treatment.
      3. A description of the categories of data subjects and the categories of personal data
      4. The categories of recipients to whom personal data are disclosed, including recipients in countries or international organizations.
      5. Where applicable, international data transfers, as well as the respective guarantee to carry out the same, in accordance with data protection regulations.
      6. Where possible, time limits for the deletion of the different categories of data.
      7. Where possible, a general description of the technical and organizational security measures, including, but not limited to
        1. The ability to guarantee the confidentiality, integrity, availability and permanent resilience of the processing systems and services.
        2. The ability to restore the availability of and access to personal data quickly, in the event of a physical or technical incident
        3. The process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of processing
        4. Pseudonymisation and encryption of personal data, where appropriate.
    4. Use the personal data subject to the treatment, only for the purpose for which they were collected.
    5. Guarantee that all personnel involved in any processing of personal data derived from the Main Contract undertake, expressly and in writing, to respect confidentiality, professional secrecy and to comply with the corresponding security measures, of which they must be made aware, trained and suitably informed.
    6. Both parties shall keep at each other's disposal the documentation proving the fulfilment of this obligation.

      The duty of secrecy and confidentiality with respect to the personal data on which a treatment derived from the Main Contract has been carried out will last indefinitely.

    7. Do not communicate data to third parties, unless you have the express authorization of the other Correspondent, or in the legally admissible cases
    8. Communicate to the other party, without undue delay and in any event no later than 24 hours, the existence of any security breaches that could affect the processing activities affected by this co-responsibility agreement.
    9. The party who first became aware of the breach of security shall be responsible for notifying the competent supervisory authority of the breach without undue delay, and in any event no later than 72 hours after becoming aware of it.
    10. At least the following information shall be provided

      1. Description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
      2. Description of the possible consequences of the violation of personal data security.
      3. Description of the measures taken or proposed to be taken to remedy the personal data breach, including, where appropriate, measures taken to mitigate possible negative effects.

      Likewise, it shall be the responsibility of the party that first became aware of the breach of security to communicate it without undue delay to those interested parties affected by its materialisation, provided that such breach entails a high risk to their rights and freedoms. The communication to the affected parties must be made in clear and simple language and shall contain, as a minimum:

      1. Explanation of the nature of the data breach
      2. Indication of the name and contact details of the Data Protection Officer or other contact point where further information can be obtained.
      3. Description of the possible consequences of the violation of personal data security.
      4. Description of the measures taken or proposed to be taken by the controller to remedy the personal data breach, including, where appropriate, measures taken to mitigate possible negative effects.
    11. Support each other, where necessary, in carrying out data protection impact assessments, as well as in carrying out prior consultations with the supervisory authority.
    12. To make available, each Joint Controller with respect to the other Joint Controller, all the information necessary to demonstrate compliance with the obligations established in the data protection regulations, as well as to allow the performance of audits, including inspections, that may be carried out by each of the Joint Controllers or another auditor designated by them. For this type of action, a prior notice of SEVEN (7) working days is established.
  8. RESPONSIBILITY:
  9. Each Correspondent, individually considered, is exonerated from any liability that may arise from a breach by the other party of the stipulations of this agreement, as well as of the provisions of the RGPD and other applicable regulations.

  10. CONFIDENTIALITY AND DATA PROTECTION:
  11. Both Co-Respondents undertake to maintain absolute confidentiality regarding the information and documentation that they provide or have access to during the term of the Co-Responsibility Agreement, and not to disclose or use directly or indirectly the information derived from this contractual relationship.

    Both parties inform that the personal data of the signatories of this contract may be included in their respective processing to satisfy the purpose of management and maintenance of the contractual relationship, being kept for no longer than necessary to comply with the same. At any time, they may exercise their rights of access, rectification, cancellation and opposition, as well as those recognised by the applicable regulations, by sending a photocopy of their ID card or any other equivalent identification document to the address indicated above.

    The parties inform the legal representatives of the other party respectively that their personal data will be processed for the purpose of carrying out the contractual management and that they may exercise the rights to which they are entitled at the address indicated above. They also provide the privacy policy posted on their respective websites for further information and offer the possibility of attaching it on paper or sending it by post if they do not have a website.

  12. APPLICABLE LAW AND JURISDICTION:
  13. This agreement contemplates the requirements of current Spanish and European legislation on the protection of personal data, particularly as established in the General Data Protection Regulation EU 2016/679.

    The parties submit all interpretations and/or conflicts that may arise from this agreement to the Courts and Tribunals of Spain, specifically the Courts and Tribunals of Madrid.

Annex 2

Standard contractual clauses for the transfer of personal data from the Community to third countries (transfers between controllers)

DATA TRANSFER AGREEMENT

between, on the one hand, WOKI CONSULTING, S.L. ("the Data Exporter"), and, on the other hand, the Expert ("the Data Importer"), each, a "party"; together, "the parties".

OBLIGATIONS OF THE DATA EXPORTER

The data exporter agrees and warrants the following:

  1. The collection, processing and transfer of the personal data have been carried out in accordance with the law applicable to the data exporter.
  2. It has made reasonable efforts to determine whether the data importer is able to fulfil its legal obligations under these clauses.
  3. Provide the data importer, upon request, with copies of or references to the relevant data protection laws of the country in which the data exporter is established (where appropriate and excluding legal advice).
  4. It shall respond within a reasonable period of time to enquiries from data subjects and the authority regarding the processing of personal data by the data importer, unless the parties have agreed that the data importer shall respond to such enquiries. Even then, the exporter should respond, to the extent reasonably possible and on the basis of information reasonably available to it, if the data importer is unable or unwilling to respond.
  5. It shall make a copy of the clauses available to the data subjects, who are third party beneficiaries within the meaning of Clause III, on request, unless the clauses contain confidential information, in which case it may delete such information. In such a case, the data exporter shall inform the data subjects in writing of the reason for deletion and of their right to inform the authority. The data exporter shall also comply with any decision of the authority regarding access to the full text of the clauses by the data subjects, provided that the data subjects have agreed to keep the deleted information confidential. The data exporter shall also provide the authority, upon request, with a copy of the clauses.

OBLIGATIONS OF THE DATA IMPORTER

The data importer agrees and warrants the following:

  1. it shall have implemented the necessary technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected;
  2. it shall have put in place procedures to ensure that any third party to whom it gives access to personal data, including processors, shall respect and preserve the confidentiality and security of personal data. No person acting under the authority of the data importer, including processors, shall process personal data unless instructed to do so by the data importer. This provision shall not apply to persons authorised or required by law or regulation to have access to personal data;
  3. has no reason to believe, at the time of entering into these clauses, that there is any local legal provision which may have a material adverse effect on the warranties set out in these clauses and will inform the data exporter (who will, upon request, forward such notification to the authority) if it becomes aware of any such provision;
  4. will process the personal data for the purposes described in Annex B, and has the legal authority to give the guarantees and fulfil the undertakings provided for in the clauses;
  5. communicate to the data exporter a contact point within its organization authorized to respond to inquiries relating to the processing of personal data and cooperate in good faith with the data exporter, the data subject and the authority in respect of such inquiries within a reasonable period of time. In the event that the data exporter has ceased to exist in law, or if so agreed by the parties, the data importer shall assume responsibility for compliance with the provisions of Clause I(e);
  6. provide the data exporter, upon request, with evidence that it has sufficient financial resources to fulfil its responsibilities under Clause III (e.g. an insurance policy);
  7. make available to the data exporter, upon reasonable request, its data processing facilities, its files and all documentation necessary for the processing, for the purpose of review, audit or certification. Such work shall be carried out, upon reasonable notice and during normal business hours, by the data exporter (or by an impartial and independent inspector or auditor appointed by it and not reasonably objected to by the data importer) in order to determine whether the warranties and undertakings provided for in these Clauses are being complied with. The application shall be subject to any necessary consent or approval of the regulatory or supervisory authorities in the data importer's country. The data importer shall use its best efforts to obtain such consent or approval in good time;
  8. shall process the personal data, at its discretion, in accordance with the data protection legislation of the country in which the data exporter is established,
  9. shall not disclose or transfer personal data to third party data controllers established outside the European Economic Area (EEA) unless it notifies the data exporter of the transfer; and
  1. the third party controller submits the data to processing in accordance with a Commission decision finding that a third country provides adequate protection,
  2. the third party data controller subscribes to these clauses or to any other data transfer agreement approved by a competent authority in the European Union,
  3. the data subjects have been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which the data are exported might have different data protection rules, and have been given the opportunity to object, or
  4. for subsequent transfers of sensitive data, the data subjects have given their unambiguous consent.

Liability and third party rights

  1. Each party is liable to the other for the damage it has caused to the other as a result of the non-performance of the clauses. The liability between the parties is limited to the damage actually suffered, and punitive damages (i.e., those intended to punish one of the parties for improper conduct) are specifically excluded. Each of the parties will be liable to the interested parties for the damage caused to them as a result of the infringement of the rights of third parties recognised in the clauses. This does not affect the liability of the data exporter under applicable data protection law.
  2. The parties agree that the data subjects, as third party beneficiaries, may invoke against the data importer or data exporter this clause and Clause I(b), (d) and (e), Clause II(a), (c), (d), (e), (h) and (i), Clause III(a), Clause III(a), Clause V, Clause VI(d) and Clause VII for breach of their respective contractual obligations with regard to their personal data, and to this end submit to the jurisdiction of the data importer or data exporter for breach of their respective contractual obligations with regard to their personal data, Clause V, Clause VI(d) and Clause VII for breach of their respective contractual obligations with regard to their personal data, and for this purpose submit to the jurisdiction of the country of establishment of the data exporter. In cases of alleged breach by the data importer, the data subject should first request the data exporter to take appropriate action to enforce his or her rights against the data importer; if the data exporter does not take such action within a reasonable period of time (normally one month), the data subject may enforce his or her rights directly against the data importer. Data subjects may proceed directly against the data exporter where the data exporter has failed to make reasonable efforts to establish whether the data importer is able to fulfil its legal obligations under the clauses (the data exporter has the burden of proving that reasonable efforts have been made).

APPLICABLE LAWS

These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to the processing of personal data by the data importer pursuant to clause II(h), which shall only apply if the data importer has opted for them in that clause.

RESOLUTION OF CONFLICTS WITH STAKEHOLDERS OR AUTHORITY

  1. In the event of a dispute or complaint brought against one or both parties by a data subject or by the authority in relation to the processing of personal data, one party shall inform the other of this fact and both parties shall cooperate with a view to reaching an amicable solution as soon as possible.
  2. The parties agree to respond to any non-binding and unrestricted access mediation procedure initiated by an interested party or by the authority. If they decide to participate in the procedure, they may do so remotely (e.g. by telephone or other electronic means). The parties also agree to explore the possibility of participating in any other arbitration, mediation or other mechanism developed for the resolution of data protection disputes.
  3. Each party undertakes to abide by any decision of the competent courts or the authority of the country of establishment of the data exporter whose decisions are final and against which no appeal can be lodged.

TERMINATION OF THE CLAUSES

  1. In the event that the data importer is in breach of its obligations under these clauses, the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is remedied or the contract is terminated.
  2. In case:
    1. the transfer of personal data to the data importer has been temporarily suspended by the data exporter for a period of time exceeding one month in accordance with point (a);
    2. compliance by the importer with these clauses will result in a breach of its legal or regulatory obligations in the country of import;
    3. the data importer fails substantially or persistently to comply with any warranty or undertaking in these clauses;
    4. a final decision against which no appeal can be lodged by a competent court in the country of establishment of the data exporter or of the authority establishing that the importer or the data exporter has breached the clauses; or
    5. the data importer has applied for receivership or liquidation of the data importer, either in its personal capacity or as an employer, and such application has not been rejected within the time period provided for that purpose under the applicable law; a winding-up order is made; a receiver is appointed for some of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; the data importer has filed for bankruptcy; or the data importer is in a similar situation before any court; the data exporter is in a similar situation before any court; or the data importer is in a similar situation before any court; the data importer has filed for bankruptcy; or is in a similar situation before any jurisdiction; the data exporter, without prejudice to the exercise of any other rights it may have against the data importer, may terminate these clauses, in which case, upon request, it shall inform the authority. In the cases referred to in (i), (ii), or (iv), termination may also be effected by the data importer.
  3. (i) the Commission makes a finding that the country (or any part thereof) to which the data are transferred and in which they are processed by the data importer ensures an adequate level of protection in accordance with Article 25(6) of Directive 95/46/EC (or any successor text), or (ii) Directive 95/46/EC (or any successor text) becomes directly applicable in that country.
  4. The parties agree that termination of these clauses at any time, under any circumstances and for any reason whatsoever - with the exception of termination pursuant to clause VI(c) - shall not release them from the obligations and conditions set out in the clauses with regard to the processing of the transferred personal data. V

VARIATION OF THE CLAUSES

The parties undertake not to modify these clauses except to update some of the information contained in Annex B, in which case they will inform the authority whenever requested to do so by the authority. This does not preclude the parties from adding additional commercial clauses where necessary.

Description of the transfer The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain business confidential information which they will not disclose to third parties, except where required by law or in response to a competent regulatory or governmental body, or where required under clause I(e). The parties may introduce additional annexes to cover other transfers, which shall be submitted to the authority upon request. Alternatively, Annex B may be drafted to cover multiple transfers.

DESCRIPTION OF THE TRANSFER:

Interested parties

The personal data transferred relate to the following categories of data subjects:

  • Employees
  • Users
  • Clients
  • Third parties

Data categories

The personal data transferred relate to the following categories of data

  • Identification data
  • Contact information
  • Economic and financial data

Recipients:

  • Not applicable

Sensitive data

  • Not applicable

Processing operations

The personal data transferred will be subject to the following basic processing operations:

  • Collection
  • Structuring
  • Conservation
  • See
  • Analysis