Legal

Privacy Policy

Last Modified:  25th May 2018

This Privacy Policy is effective from 25th May 2018.

RS2 Software p.l.c.RS2 Software p.l.c. is concerned with protecting the privacy of any personal information that you may choose to provide to us (“Personal Information”).  RS2 Software p.l.c. will attempt to ensure that its use of your Personal Information is compliant with the General Data Protection Regulation, (“GDPR”), (Regulation (EU) 2016/679). Accordingly, RS2 Software p.l.c. issues this policy to inform you of our use of your Personal Information.

  1. Introduction

This Privacy Policy sets out the way in which RS2 Software p.l.c. RS2 Software p.l.c. (“we” or “us”), a company, registered with the registrar of companies in Malta (with registered office at RS2 Buildings, Fort Road Mosta, MST 1859 Malt, is Operating rs2.com collects and processes Personal Information, as well as the steps we take to protect such information.

  • By utilising our Services, you acknowledge that you have read, and agree to, the terms of this Privacy Policy and that you consent to the use by RS2 Software p.l.c. of your Personal Information for the purposes set out in paragraph 3 of this Privacy Policy. If you do not wish to provide your Personal Information on the basis set out in this Privacy Policy, you should not enter the relevant information on the Website or provide your Personal Information to us otherwise. However, if you do not provide your Personal Information, you may not be able to use all of the Services.
  • Capitalised terms not defined in this Privacy Policy shall be as defined in the Terms & Conditions. This Privacy Policy is incorporated into and forms part of, the Terms & Conditions.

 

  • Definitions:

“You” means the data subject who is using the services of RS2 Software p.l.c.

“Personal Data” means information that specifically identifies an individual or that is linked to information that identifies a specific individual.

“Visitor” means an individual other than a user, who uses the public area, but has no access to the restricted areas of the Site or Service

1.5 Principles:

This policy is based on the following data protection principles:

  • The processing of personal data shall take place in a lawful, fair and transparent way;
  • The collecting of personal data shall only be performed for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • The collecting of personal data shall be adequate, relevant and limited to what is necessary in relation to the purpose for which they are processed;
  • The personal data shall be accurate and where necessary, kept up to date;
  • Every reasonable step shall be taken to ensure that personal data that are inaccurate having regard to the purposes for which they are processed are erased or rectified without delay;
  • Personal data shall be kept in a form which permits identification of the data subject for no longer than it is necessary for the purpose for which the personal data are processed;
  • All personal data shall be kept confidential and stored in a manner that ensures appropriate security;
  • Personal data shall not be shared with third parties except when necessary in order for them to provide services upon agreement;
  • Data subjects shall have the right to request access to and rectification or erasure of personal data, or restriction of processing, or to object to processing as well as the right of data portability.

 

  1. The Information we collect:

2.1 As part of providing you with the Services, we collect your Personal Information on registering an account. “Personal Information” means any information from which you can be personally identified, including your name, surname, email address, telephone number and mobile number.

  1. How we will use your Personal Information

3.1 We will process your Personal Information in accordance with the GDPR. We will process your Personal Information to enable us to:

3.1.3 Receive and respond to your communications and requests;

3.1.4 Notify you about updates to the Software and/or the Services;

3.1.7 Investigate, and assist with the investigation of, suspected unlawful, fraudulent or other improper activity connected with the Services (including, where appropriate, dealing with requests from authorised entities/Authorities for the sharing of information);

3.1.8 Carry out market research campaigns;

3.1.9 Preparing statistics relating to the use of the Services by you and other customers;

3.1.10 Provide you with information about, and support for, the Services, including changes to the Services, technical updates and changes to the Terms & Conditions (including this Privacy Policy);

3.1.11 Provided that you “opt-in” and don’t “opt-out” from this option, keep you informed on offers and promotions in relation to our products and services;

3.1.12 Support any other purpose necessary for performance of our contractual obligations or specifically stated at the time at which you provided your Personal Information. These are the “Purposes” for which we may collect your Personal Information.

3.2 If at any time you wish us to stop processing your Personal Information for the above purposes, then you must contact us and we will take the appropriate steps to stop doing so. You may contact us by emailing dpo@rs2.com.

3.3 To ensure a good quality of service we may monitor any communication you have with us whether in writing or by electronic mail (“recordings”). Any recordings remain the property of RS2 Software p.l.c. and will be used only for the purposes listed above.

3.4 In the event that the purposes for processing change, then we will notify you as soon as practicable and seek any additional consent that may be required.

  1. Disclosing your Personal Information

4.1 Except as described in this Policy, we will not intentionally disclose the Personal Data that we collect or store on the Service to third parties without your prior explicit consent. We may disclose information to third parties in the following circumstances:

4.2 Any company within our Group (including to its employees and sub-contractors) which assists us in providing the Services or which otherwise has a need to know such information;

4.3 Any third party which assists us in providing the Services.

4.4 Any third party which can assist us in verifying the accuracy of your Personal Information.

4.5 Any third party which assists us in monitoring use of the Services, including the detection and prevention of fraud and collusion.

4.6 Any contractors or other advisers auditing any of our business processes or who have the need to access such information for the purpose of advising us.

4.7 Any law enforcement body which may have any reasonable requirement to access your Personal Information;

4.8 Any regulatory body or authorised entity which may have any reasonable requirement to access your Personal Information; and

4.9 Any potential purchaser of RS2 Software p.l.c. or any investors in it or in any company within our Group.

4.10 If at any time you wish us to stop processing your Personal Information for the above purposes, then you must contact us and we will take the appropriate steps to stop doing so. You may contact us on dpo@rs2.com

  1. Data Subject Rights

5.1 We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. Your principal rights under the GDPR are:

  1. the right for information;
  2. the right to access;
  3. the right to rectification;
  4. the right to erasure;
  5. the right to restrict processing;
  6. the right to object to processing;
  7. the right to data portability;
  8. the right to complain to a supervisory authority; and
  9. the right to withdraw consent.

5.2 If you wish to access or amend any other Personal Data we hold about you, or to request that we delete any information about you, you may contact us by emailing dpo@rs2.com. We will acknowledge your request within seventy-two (72) hours and handle it promptly. RS2 Software p.l.c. will respond to these requests within a month, with a possibility to extend this period for particularly complex requests in accordance with Applicable Law. We will retain your information for as long as your account is active, as needed to provide you services, or to comply with our legal obligations, resolve disputes and enforce our agreements.

5.3 You may update, correct, or delete your Account information and preferences at any time by sending an email to marketing@rs2.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

5.4 You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some or all of the features and functionality of the Service.

5.5 At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law.

5.6 In accordance with Applicable Law, we reserve the right to withhold personal data if disclosing it would adversely affect the rights and freedoms of others. Moreover, we reserve the right to charge a fee for complying with such requests if they are deemed manifestly unfounded or excessive.

5.7 We may use your personal data for the purposes of automated decision-making based on your preferences .We may also use automated decision making in order to fulfil obligations imposed by law, in which case we will inform you of any such processing. You have the right to object to the processing of your personal data for automated purposes at any time by contacting us on dpo@rs2.com.

  1. Contacting us

6.1 For full details about RS2 Software p.l.c. Group members and where they operate please contact us on info@rs2.com.

6.2 If at any time you believe that we have not adhered to this Privacy Policy, please contact us on dpo@rs2.com and we will seek to promptly determine and correct the problem.

  1. Advertising and use of Cookies

7.1 We may collect anonymous information about your use of the Website using “cookies”, pixel tags and similar functionality. A “cookie” is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. We use cookies for the operation of the Website, for example to monitor how users move between different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where users have encountered technical problems on the Website, and therefore help us improve our customers’ experience.

7.2 If you object to cookies or want to delete any cookies that are already stored on your computer, you should follow the instructions for deleting existing cookies and disabling future cookies on your web browser or equivalent software. Further information is available at www.aboutcookies.org. Please note that by deleting or disabling cookies you may not be able to access certain areas or features of the Website.

 

7.3 As part of the Website’s operation, and for our own statistical analysis of site traffic, our Website automatically logs internet IP addresses. We do not log any e-mail address of visitors to the Website. Our advertising system logs IP addresses to supply more accurate advertising features, such as language-specific banners.

7.4 While the Website may contain links to websites operated by parties other than us, we are not responsible for the privacy practices or content of such websites.

  1. Minors and Children’s Privacy

8.1 Protecting the privacy of minors is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 18 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at on dpo@rs2.com and request that we delete your child’s Personal Data from our systems.

  1. Security

9.1 We take appropriate security measures to protect against loss, misuse and unauthorized access, alteration, disclosure, or destruction of your information. RS2 Software p.l.c. has taken steps to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services processing personal information, and will restore the availability and access to information in a timely manner in the event of a physical or technical incident.

9.3 No method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organisational safeguards. If you believe your Personal Data has been compromised, please contact us on dpo@rs2.com.

9.4 If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with applicable law.

  1. Privacy Settings

10.1 Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users with whom you may choose to share your information. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons. We have taken the necessary steps to protect as much as possible your Personal Information in transit by utilising HTTPS on our Website and TLS 1.2 (a strong protocol), ECDHE_RSA with P-256 (a strong key exchange), and AES_128_GCM (a strong cipher).

  1. Data Retention

11.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

11.2 We only retain the Personal Data collected from you for as long as your account is active or otherwise for a limited period of time as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

As per clause 2.1, the information will be retained for a minimum period of five (5) years and for a maximum period of ten (10) years.

11.3 In some cases where it is not possible for us to specify in advance the periods for which your personal data will be retained, we will determine the period of retention based on the following criteria:

The period of retention of personal data as per clause 2.1 will be determined based on marketing strategy of the company.

11.4 We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. International Transfers

12.1 The information you provide to us may be transferred to and stored in countries outside of the European Economic Area (EEA) as we may use third party suppliers, which may be based outside of the EEA, or use servers based outside of the EEA. It may also be processed by staff operating outside the EEA. A transfer of your personal data may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA. If we transfer or store your personal data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy and in accordance with the GDPR and other applicable laws.

  1. Data Protection Officer

13.1 RS2 Software p.l.c. has appointed a Data Protection Officer (“DPO”) who is responsible for matters relating to privacy and data protection. RS2 Software p.l.c.’s DPO can be reached by sending an email to dpo@rs2.com.or by sending physical mail addressed to Data Protection Officer, RS2 Software p.l.c., RS2 Buildings, Fort Road, Mosta, MST 1859, Malta.

 

  1. Changes to this Privacy Policy

14.1 Please note that this Privacy Policy may change from time to time. If we change this Privacy Policy in ways that affect how we use your Personal Information, we will advise you of the choices you may have as a result of those changes. We will also post a notice that this Privacy Policy has changed.

RS2 Software p.l.c. Website Terms of Use

Effective 21st May 2018
Welcome to the RS2’s website and online community (collectively, the “Site”). Among other things, this Site is intended to: (a) provide you with information about RS2 and our products and services, (b) allow access to blog, support, white papers, training materials, videos, marketing collateral and other contents, (c) provide you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site.

References to “we” or “us” or “RS2” herein refer to RS2 Software p.l.c. and our affiliates, subsidiaries, service providers and designees as deemed appropriate by RS2. For purposes of these Terms of Use, “Site” does not include any virtual community that we or our service providers may host on your behalf or which you may host yourself through use of our products.

To the extent that you or your organization acquires RS2 products or services under a separate agreement (e.g. master license agreement, etc.), your use of such products and services will be governed by such other agreement and not these Terms of Use. Rather, these Terms of Use apply to your access and use of the Site only.

Compliance with Terms and Eligibility
By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy, and Acceptable Use Policy (each found at www.rs2.com/legal) as well as other legal notices, terms and policies on this Site (together referred to as “Terms”), all of which are expressly incorporated herein by this reference.

You agree to use the Site only in accordance with the Terms, as a “Visitor” (which means that you simply browse the Site). The term “User” means a “Visitor” Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features.

Use of the Site and its features is void where prohibited. If you are under 18, you may use the Site only with involvement of a parent or guardian.

Amendment
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. The date of the most recent update of these Terms of Use will be as set forth above. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site.

Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and RS2 with respect to your use of the Site;

Term
The Terms, as we may revise them from time to time, with or without prior notice or explanation, and without liability and shall remain in full force and effect while you use the Site.

Your Use of the Site
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site. You agree not to use the Site for any unlawful purpose. Additionally, you will not in any way access, use, or copy any portion of the Site or its features to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with RS2’s products and services or to disparage RS2 or its products or services. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site is prohibited.

User Content
Generally
As we state in more detail below, your use of the Site and its content is at your own risk. If you become aware of misuse of the Site or its features by any person, please click on the “Contact Us” link on the Site pages and follow the directions as to how to contact us.
We reserve the right, in our sole discretion to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation and without liability.

Proprietary Rights

The Site may contain Content provided by RS2 (including third party content posted or displayed by RS2 and not by a User), including, without limitation, text, images, and logos (“RS2 Content”). RS2 Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between, you and RS2, RS2, its subsidiaries or third parties (as relevant) own and retains all rights in the RS2 Content and the features and functionality of the Site. RS2 hereby grants you a limited, revocable, non sublicensable license to reproduce and display the RS2 Content (excluding any software code) solely for your personal use in connection with viewing the Site. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site. Your rights with respect to any RS2 Content included in an RS2 product or service covered by a separate license agreement will be as set forth in such agreement.

Protection of Intellectual Property Rights.
RS2 respects the intellectual property of others and requires that our Users do the same. Without limiting the terms of our Acceptable Use Policy, you may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please contact us at legal@rs2.com with the information specified below, in writing and include the following information:* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed and a description of where such work is located on the Site;
* Your name, address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimers
RS2 is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the RS2 Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of RS2.

RS2 is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by RS2. The Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by RS2. When you access these third party sites, you do so at your own risk. RS2 takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers (if any). RS2 is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. RS2 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site.

Under no circumstances shall RS2 be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance at an RS2 event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline.

Additionally, RS2 shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access

Content or other materials through the Site
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

The rs2 site is provided “as-is” and as available and rs2 hereby disclaims other warranties, including, without limitation, the warranties of fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, title, merchantability and those that arise from any course of dealing or course of performance. Rs2 cannot guarantee and does not promise any specific results from use of the site.

Limitations of Our Liability
In no event shall we be liable for any damage, claim or loss incurred by you, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in this user agreement are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred euros (€100).

Our Service Providers
We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms “we” and “us” for purposes of the Terms.

Indemnification
You agree to indemnify and hold RS2, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms.

Miscellaneous

The Terms will be construed, and their performance enforced, under the laws of Malta without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Malta. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into the terms.

The Terms are accepted upon your use of the Site or any of its features. The Terms constitute the entire agreement between you and RS2 regarding the use of Site and its Content, services, and features. The failure of RS2 to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. All waivers and amendments must be in a writing signed by both you and RS2.