General terms conditions isdev 20 June, 2022
General terms & conditions

Pluginhost: Online Fraud Judge

(FURTHER REFERRED TO AS “FRAUDJUDGE” and/or the “COMPANY”)

This information explains the following operations and legal aspects of the “Fraud Judge” online service provision system, which is operated by the company “Pluginhost BV”: general terms and conditions, regulations of usage, GDPR rules and other relevant information, applicable and useful to the following parties – “Clients” (online merchants using the services of “Fraud Judge”), “Customers” (customers of such online merchants, interacting with “Fraud Judge”).

GENERAL TERMS & CONDITIONS

Please ensure you read our terms and conditions before making any operations. “FRAUDJUDGE” is not providing any consulting services and not anyhow encouraging the Client/Customer to make transactions.

The services provided by the Company may be available in multiple languages. The English version is the original version and the only one binding on “FRAUDJUDGE”; it shall prevail on any other version in case of discrepancy. “FRAUDJUDGE” shall not be responsible for any erroneous, inadequate, or misleading translations from the original version into other languages.

“FRAUDJUDGE” as the Company offers access to its services by any individual or corporate entity (hereinafter referred to as the Customer or as the Client) according to the procedure and on the terms and conditions described herein. The services provided by “FRAUDJUDGE” are paid services and usable as long as subscribed for.

These regulations become effective as of the date when the Client/Customer/Customer has registered and engaged in cooperation with the Company, which also means Client/Customer’s acceptance of these General Terms & Conditions.

“FRAUDJUDGE” does not represent an online merchant, which is it’s Client, before a customer of such merchant, who is considered a Customer of “FRAUDJUDGE”, on the other hand. The Customer shall follow individually the purchases made online and keep track of merchants used for those purchases.

Procedures, responsibilities of the Client/Customer and the Company

The Company has the right to close/cancel Client/Customer’s registration, if the registration existed for more than 90 calendar days and no activity has been performed by the Client/Customer.

The Client/Customer is notified and agrees that the Company cannot be held liable for Client/Customer’s actions or non-actions while performing its regular business activities, for which the Company is providing it’s services.

Company reserves the right to amend this Agreement notifying the Client/Customer about it at least 5 business days prior to the effective date of these amendments. Posting the relevant information on the main page of the website of the company for the period of at least 5 days is also considered as notification. The Client/Customer undertakes to consult and review regularly the Company website to be timely informed about any changes in respect of this Agreement and the Services in particular. The Company has the right to change the brand name of it to another one, without changing essential features and characteristics of the Client/Customer’s registration and the services provided by the Company to the Client/Customer.

All rights and obligations of the Company and the Client/Customer represent a bilateral commitment.

Company cannot be held responsible for non-fulfillment of any obligations involving quality of online communication of information to the Client/Customer terminal or use of information, software, and interfaces of websites which do not belong to the Company.

Client/Customer realizes that any actions committed by the Client/Customer or third parties (by Client/Customer’s fault or with Client/Customer’s participation), which destabilize the Company’s business or performance of the Company’s services, equipment, or software may result in the Company’s refusal of servicing the Client/Customer and cancellation of registration; in such case the Company also may reject such Client/Customer’s new registration in the future. Persons under 18 years of age are not allowed to use the services of the Company.

The Client’s representing person and the Customer declares and guarantees that:

– he/she is sane,

– his/her age is minimum 18 years old; or, if he/she is a minor, the laws of the country of his/hers residence and/or citizenship allow him/her to comply with the requirements set forth herewith by “FRAUDJUDGE”;

– information which the Client/Customer provided to the Company is true and correct,

– he/she shall notify the Company about any and all changes in this information within 3 days after the change took place,

– the registered e-mail address used by the Client/Customer is not in use by anyone else. Any and all notices, requests, complaints, and information received from the registered Client/Customer’s e-mail address are considered as sent by the Client/Customer.

The Company may request from the Client/Customer a confirmation of accuracy of the personal account data for a due diligence process. Inability to provide requested documents may result in the Company’s refusal of servicing the Client/Customer. Same conditions relate to the relevant documentation of incorporation in case the Client/Customer is a legal entity. Company must notify the Client/Customer about the reasons for the above due diligence process, in case such takes place.

In case of double registration of the same Client/Customer, the Company has the right to cancel duplicated registrations.

The Client/Customer by starting the cooperation with the Company agrees that the Client/Customer’s identification data submitted by the Client/Customer to the Company will be handled by the Company. All data being handled by the Company is processed according to the GDPR regulations of the Company; the above relates also to the data of the Client/Customers/partners of the Client/Customer.

The Client agrees that in case the Client has begun to use the online services of “FRAUDJUDGE” and/or made certain adjustments/alterations in the settings of the “FRAUDJUDGE” system regulations accessible to the Client, then certain Customers, who have made online purchases at the Client’s store, may receive automated information request emails from “FRAUDJUDGE”.

Customer risk notice

Client/Customer agrees that the Company cannot be held responsible for Client/Customer’s losses caused during its business operations, directly or indirectly.

The Company cannot be held responsible for losses incurred to the Client/Customer in case the reason of that has been influenced by government restrictions, restrictions of foreign exchange or market rules, suspension of business, military operations, or other conditions usually called the “force majeure” circumstances which lie beyond the Company’s control.

Client/Customer bears full responsibility for the risks associated with the storage of his/her’s data and access to this data, and must ensure that third parties cannot access those. Client/Customer’s losses and risks associated with the above impose no obligations on the Company, other than to provide new access data to the Client/Customer after a new identification procedure.

Company may decline the Client/Customers’ request to register. Company is a technical service provider, thus arranging the execution of operations and not being responsible in any manner for the financially positive or negative result of the actual business being performed by the Client/Customer.

Company may suspend servicing the Client/Customer for the following reasons: failures on part of Internet access providers, failures in information flows, hacker attacks, and other illegal actions against the Company’s servers and equipment, “force majeure” circumstances, and similar.

Disputes, complaints and inquiries

The parties will try to settle all disputes by negotiation. The Company may accept Client/Customer’s complaints for review, if these complaints were expressed in writing and received within 3 calendar days after the dispute reason occurrence date.

Client/Customer’s inquiries will be considered as official and treated, if these inquiries were placed and received by the Company via the Company’s website interface, by e-mail sent to the addresses of the Company’s corresponding services. Inquiries placed using online communication programs or social networks, such as Skype, Twitter, or similar, cannot be considered as official.

The Company will review Client/Customer’s complaints within 30 business days after receiving from the Client/Customer all necessary and sufficient information which concerns this complaint.

In the event of disagreements concerning Client/Customer’s operations or the state of his account, the parties will review the protocols of Client/Customer’s operations using Company’s data.

In the case of a failure to reach an agreement through negotiations and correspondence within 3 (three) months from the date of the initiation of a dispute, the further consideration of it will be directed towards the adjudication in accordance with the applicable laws.

Know your customer

The Company has the right to ask for certain information about the customer upon registration. The Client/Customer may be asked to provide an electronic copy, certified copy or notarized copy of a passport; or relevant corporate documentation of the Client/Customer is a legal entity.

In the case customer registration data (name, address or telephone number) have changed, the customer shall immediately notify the Company’s customer service asking to change the data. Customer is responsible for the authenticity of submitted documents (copies).

Communicating with the Client/Customers

The Company may communicate with the Client/Customer by using:

– E-mail address provided by the Client/Customer

– Phone number provided by the Client/Customer

– Postal address provided by the Client/Customer

– Company’s web site

The Company will use the details specified by the customer provided upon registration. Client/Customer must immediately notify the Company of any changes in contact information.

Any correspondence (documents, announcements, notifications, confirmations, reports, etc.) will be considered as received by the Client/Customer:

– after 1 hour after sending to Client/Customer’s e-mail address

– immediately after the telephone conversation with the Client/Customer

– after 1 day after placing announcement in the Company website.

Termination of the agreement

This agreement may terminated if following occurs:

– In the case of expression of the wish by one of the parties to terminate this Agreement and bilaterally agreeing to do so;

– In case of breach by the Client/Customer the terms specified in the Agreement, the Company may terminate this Agreement unilaterally by notifying the customer of such termination.

– In case the Client is using the services of “FRAUDJUDGE” via an intermediary platform, i.e., “Shopify” or other one, then the Client may terminate the agreement merely by unsubscribing the services of “FRAUDJUDGE”; in such case the service provision will be terminated upon expiry of the previously paid-up period of usage.

Customer agrees that the Company reserves the right at its sole discretion, suspend or discontinue all or part of the Client/Customer’s access the services by an appropriate notice by means of communication.

Cancellation Policy and Replacement of Client/Customer

“FRAUDJUDGE” reserves the right in its sole discretion, to refuse or cancel services:

if “FRAUDJUDGE” has reason to believe that a Client/Customer’s activities  may be illegal;

if “FRAUDJUDGE” may be harmed by any fiscal damage due to anyone’s activities;

if “FRAUDJUDGE” consider that one or more operations of a Client/Customer were made in violation of this Agreement;

if Client/Customer has failed to provide “FRAUDJUDGE” with the Know Your Client/Customer (KYC) documents, if asked to do so.

In case of a merger or acquisition taken place with the Client, the Client may remain using the services of “FRAUDJUDGE” as long as the online merchant’s store of it remains operating under same conditions. In order for the Company to approve such replacement of the legal entity operating the online store on the Client’s side, the Company shall be informed by the Client according to the terms of this Agreement either in advance, or no later than 1 month from the day when the legal changes have entered into legal force. If this condition is not met, the Company has the right to refuse the replacement in which case the Client may be considered terminated without any right of objection towards the Company.

Final provisions

Headings and notes in this document are for reference only and shall not affect the contents and interpretation of the document.

In this document references to any law shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment.

The Company reserves the right to, at any time, apply additional charges in the future with prior notice to the Client/Customer. Such notice may be sent personally to the Client/Customer and/or posted on the Company’s website, according to these Terms&Conditions. Should the Company at any period of time decide not to charge any costs, it shall not be construed as a waiver of its rights to apply them in the future.

Please note that despite taking reasonable steps to obtaining best possible results for Client/Customers, the Company is unable to guarantee, when executing services, that the service quality offered will be more favorable than might be available elsewhere.

PRIVACY POLICY

You may use the present information about data protection for learning about how we at “FRAUDJUDGE” collect and use personal data within the scope of our work and what we do to provide personal data protection.

This information applies to you if we have your personal data at our disposal within the framework of our regular operations, for example, you are our customer of the online store, for which we provide our services (referred to as the Customer) or you are an online merchant (referred to as the Client).

1. Processor in charge:

“PLUGINHOST” BV company (hereinafter – “FRAUDJUDGE”).

E-mail: legal@fraudjudge.com .

2. What personal data do we process within the framework of our operations?

Personal data – name, surname, personal ID Code, ID document data incl. birth data, etc.;

Contact data – telephone number, e-mail, address, etc.

It should be noted that not all the above listed types of data are applicable to processing of data of all persons, who are customers of the online store, for which we provide our services.

“FRAUDJUDGE” is merely a data processor, acting on behalf of it’s Client (an online merchant, which is to be considered as the data controller).

3. For what purpose and on which basis does “FRAUDJUDGE” process personal data?

Personal data processing is performed for various purposes and every data processing for any purpose is performed by following valid laws and regulations (GDPR). Your personal data processing by “FRAUDJUDGE” is based on the below described principles for processing of various types of data.

Data processing necessary for performance of cooperation agreements: on the basis of these rights we process your data if this is necessary for performance of the agreement signed with the online store which we provide our services for, or, possibly, for preceding processes necessary for its signing. Data categories: personal data, contact data.

Data processing necessary for performance of “FRAUDJUDGE” obligations according to the conditions of cooperation and interaction between “FRAUDJUDGE” and it’s Client (i.e., the online merchant using “FRAUDJUDGE” services): accounting processes (including storing of accounting source documents); notification of violations related to personal data to relevant state authorities and the data subject; response to information inquiries of state administration institutions and state authorities. Data categories: personal data, contact data.

Data processing according to the legitimate interest of “FRAUDJUDGE”: this is needed for developing our cooperation with partners, personnel, etc., to protect our property, our customers and employees; to adopt operation related decisions by collecting statistics; to provide work organization and its efficient processes in compliance with relevant regulatory documents. As data processing according to our legitimate interest is not our mandatory duty in compliance with the legislation or by asking your consent, you have the right to ask for clarifications from us and to submit claims in you find out that processing of your data for the above purposes violates your rights. Personal data categories: personal data, contact data.

Marketing activities, the so called marketing profile development process: we may process your data for marketing purposes by using various data processing technologies which allow us using either mathematic analysis, statistics or other methods, developing marketing strategies, explaining regularities and performing marketing analysis for product development and work organization. Personal data categories: personal data, contact data; as well as information of Client’s/Customer’s business transaction history.

In addition to the above referred reasons, according to legitimate interests, we may process data also for other purposes, however, this is always done in compliance with the work process and the necessity to develop it.

4. Who else processes your data in cooperation with us?

Within “FRAUDJUDGE” your personal data are only accessible to the employees who need these data for successful performance of their official duties and assignments. Outside “FRAUDJUDGE” the access to your personal data is very restricted for only below described specific cases and in cases when processing of such personal data is necessary.

For example, entities who provide services to us: your data may be accessible to entities who offer services to us (the list is not exhaustive and periodically we order services in new fields): IT and telecommunication management and technical maintenance, e-mail service maintenance, network management, development of analysis software of audit, legal, data analysis. State administration institutions and state authorities (for example, the police, court, emergency services, etc.): we will provide your data only in cases when required by the law and if “FRAUDJUDGE” receives a relevant legally substantiated and legitimate inquiry.

“FRAUDJUDGE” does not transfer your personal data to third parties outside the European Economic Area or countries where the decision on data protection compliance is not adopted according to Article 25.6 of Directive 95/46/EC or its authorities according to Article 45.1 of the General Data Protection Regulation (EU) 2016/679; unless the Client of “FRAUDJUDGE”, on behalf of which “FRAUDJUDGE” is performing the data collection, is located outside the above mentioned areas; and unless the Customer of “FRAUDJUDGE” himself/herself is from outside the above mentioned areas.

5. How long do we store the data?

“FRAUDJUDGE” stores your data for a time period during which we are obliged to do it: 3 calendar months. According to the operations of “FRAUDJUDGE” during this period it is necessary to store the data in order to implement the purposes defined in the present privacy notice.

In order to receive more information on the term of storing personal data in the cases you are interested in, submit a relevant inquiry to the e-mail address legal@fraudjudge.com .

6. Data security

“FRAUDJUDGE” has approved and implements all the necessary legal, organizational, physical and technical security measures for protecting your personal information. Functions and profiles are defined for all IT system users; it is secured that access rights are closed at the moment when an employee or a responsible entity no longer cooperates with “FRAUDJUDGE”. If “FRAUDJUDGE” uses outsourced service providers who process your data, we sign a data processing and protection agreement with such entities obliging the service provider: a) to implement relevant measures for protecting data confidentiality and security and b) to process personal data in compliance with applicable legislation (GDPR).

7. Customer’s and Client’s rights in relation to personal data

The Customer has the right to know what personal data about him/her has been processed by “FRAUDJUDGE”, for what purpose we process them, to whom these data are revealed; how long they are stored; what rights you have regarding data correction, deletion and processing restriction. In order for “FRAUDJUDGE” to be able to answer you, “FRAUDJUDGE” needs to identify you first in order to prevent provision of information to a non-authorized person. “FRAUDJUDGE” has the right to answer your questions within 30 days.

The Client and the Customer have the right to request correction of data if they are inaccurate or incomplete.

Even considering that a Customer has submitted his information/data via the system of “FRAUDJUDGE”, the Customer’s request for the deletion of the information/data shall be lodged by the Customer with the Client (i.e., the online merchant where the Customer made the purchase), not with “FRAUDJUDGE” directly. Shall the Customer lodge such request with “FRAUDJUDGE” directly, the request will be forwarded to the Client.

In specific cases the Customer has the right to request us to delete his/hers personal data; for example, this applies to cases when we process the data for purpose of personal interest or according to the Customer’s consent.

Also, in specific cases the Customer has the right to cancel or restrict processing of his/hers personal data for a particular time period (for example, if the Customer has submitted complaint(s) regarding processing of the data).

Upon receipt of objections, “FRAUDJUDGE” suspends processing of Customer’s data except if we can prove that Customer’s personal data are processed due to a substantiated reason.

If you would like to use any of your above listed rights, we kindly ask to contact us by using the e-mail address legal@fraudjudge.com .

8. Right to lodge a complaint

If you would like to have additional information in relation to your personal data or protection of rights, you are welcome to contact us by using the e-mail address legal@fraudjudge.com .

If you consider that processing of your personal data contradicts the requirements of the General Data Protection Regulation (GDPR), you have the right to contact a relevant state authority or court for protecting your rights and interests.