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Gist Biomolecular Medicine Privacy Policy
Terms and definitions
1. Personal Data: This refers to any information that can be used to identify an individual. It may include, but is not limited to, a person’s full name, address, email address, phone number, social security number or any other identifiable information.
2. Cookies: These are small pieces of data stored on the user’s computer by the user’s web browser while browsing a website. They are typically used to keep track of a user’s movements within the site, remember personal settings, and generally improve the user experience.
3. Third-party Service Providers: These are companies or individuals hired by the company to perform specific tasks on behalf of the company. These may include customer service, data analysis, payment processing, and sending out newsletters.
4. Data Processing: This refers to any operation or set of operations performed on personal data, such as collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission and erasure or destruction.
5. Opt-Out: A provision allowing users to remove themselves from continuing to receive information or participating in certain activities.
6. Data Controller: An entity that determines the purposes and means of the processing of personal data.
7. Data Breach: A security incident resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data that is stored, processed or otherwise used by the company.
8. Consent: The user’s express agreement to the processing of their personal data. The consent must be informed, specific, and freely given.
9. Encrypted Data: This term refers to personal data that has been converted into a form which cannot be easily understood or accessed without the use of a decryption key or password.
10. Anonymous Data: This refers to data about users that does not include personally identifiable information, thus cannot be used to identify the individual user.
11. GDPR (General Data Protection Regulation): This is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU).
12. CCPA (California Consumer Privacy Act): This is a California law that gives California residents the right to know what personal data is being collected about them, who it is sold to or disclosed to, say no to the sale of personal data, access their own personal data, and request a business to delete any personal information about a consumer collected from that consumer.
13. Indemnification: A clause that obliges users to protect the website owner from any claims, damages, losses, or legal fees arising out of their use of the website.
14. Modification: The act of altering, updating, or changing the content of the website or its policies.
15. Governing Law: The specific laws and regulations of a jurisdiction that will govern the terms and conditions of the website.
16. Termination: The process through which the website owner may end or suspend access to the website for reasons stated in the terms.
17. Contact Information: The details through which users can communicate with the website owner for any concerns related to the website or the policies.
17. Consent: The agreement or permission given by users regarding the use of their personal information as per the website’s privacy policy.
Subject on the Agreement
Under the agreement, the Provider, Gist Biomolecular Medicine, shall perform the following services:
1. Draft a comprehensive privacy policy for the website which clearly outlines the terms and conditions of the use of personal information by the site.
2. Ensure that the privacy policy adheres to the laws and regulations applicable for Baltimore, Maryland and the Netherlands.
3. Establish that there won’t be any payments involved in the use of the website and this shall be stated explicitly within the policy.
4. Communicate any updates or changes in the privacy policy to the users through the provided contact means.
5. Periodically review and update the privacy policy as required, to keep it current with the evolving regulations and best practices.
Fee and payment procedures
The Client shall pay the Gist Biomolecular Medicine the fee in the amount of $0.00. No tax shall be added to the fee according to law.
This situation arises from the fact that, under the specific circumstances of the projected agreement and in accordance with customary legal practices, the issuance of a privacy policy custodianship does not typically entail a monetary exchange. It is hence determined that no fiscal commitment is expected of the Client towards the Provider regarding this engagement.
The Fee set out in the contract is the final amount paid by the Client to Gist Biomolecular Medicine. In case of additional taxes or expenses, they will be covered from the Fee of €0.00 stated in the contract, unless compensation of expenses has been agreed upon previously.
Rights and obligations of the parties
1. The commercial nature of communications and sponsored content will not be hidden from consumers but shall be identifiable as such.
2. Gist Biomolecular Medicine shall provide a clear justification for removing posts or other user generated content, such as pictures, and shall give consumers the possibility to appeal.
3. Gist Biomolecular Medicine shall clearly inform the consumer of the changing of the terms and conditions, and shall give, under reasonable notice, the possibility to cancel the contract.
4. Gist Biomolecular Medicine shall inform consumers and ask for their consent before deciding to apply separate or new standard terms to some of their services.
5. Gist Biomolecular Medicine shall always provide clear grounds for closing an account and shall notify consumers accordingly.
6. Gist Biomolecular Medicine cannot deny consumers their rights under EU consumer law.
7. EU consumers can bring proceedings against Gist Biomolecular Medicine in their Member State of residence and EU consumer law must apply.
Liability
1. Confidentiality Obligations: There will be a requirement for all parties involved to maintain the confidentiality of any personal and sensitive information. By using the site, users consent to the collection and use of their personal information as outlined in the privacy policy.
2. Intellectual Property Rights: The owners of the website will have exclusive rights over the website’s contents, including text, graphics, software, etc. Users are not allowed to use these materials without express consent.
3. Liability Limitations: The owners of the website will not likely be held liable for any indirect or consequential damages resulting from the use of or inability to use the site or its content.
4. Use Restrictions: Users may be prohibited from altering the website or using it for illegal activities. Using the site means users agree to follow these rules and guidelines.
5. Security Responsibilities: In line with the privacy policy, the site should have security measures to protect users’ data. Users also have a responsibility to secure their devices and login credentials.
6. Compliance with local laws: Since the website will be hosted in the Netherlands but is accessible from the USA, it must comply with the legal requirements of both countries concerning data protection (GDPR in the EU, CCPA in California if accessed from there, for example).
7. Complaints and Disputes: The policy may include information on how to lodge complaints and how disputes will be resolved. There might be an arbitration clause, which means disputes may have to be resolved through arbitration versus going to court.
8. Termination Rights: Users and the website administrators may have the right to terminate the use agreement under certain circumstances. The conditions for such termination will need to be clearly laid out in the agreement.
9. Updates to the policy: The owners of the website reserve the right to update or change the terms of use and privacy policy. Users will need to be notified of these changes, and using the site after such changes have been made constitutes agreement to the updated terms.
Confidentiality
CONFIDENTIALITY ASPECT IN THE AGREEMENT
1. Confidentiality shall not be a central issue in this agreement as the privacy policy typically does not address this directly.
2. However, Gist Biomolecular Medicine shall have the implicit obligation to maintain the confidentiality of the users’ personal data collected via the website. This includes an obligation not to disclose collected personal data to unauthorized parties, excluding exceptions provided by the law.
3. It is Gist Biomolecular Medicine’s right to collect, store, use and disclose personal data, provided these operations are in accordance with the proposed privacy policy and applicable laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), among others.
4. Users of Gist Biomolecular Medicine have the right to know what personal data is collected, how it is used, to whom it is disclosed, and how it is secured. They should also have the facility to request access to, correction of, or deletion of their personal data.
5. No explicit confidentiality clause is included in this agreement as there are no payments or financial information involved. However, the privacy policy shall uphold the principles of confidentiality to the extent that it safeguards the website users’ personal information.
Please note, although confidentiality is not a primary subject in this agreement, the policy implicitly carries out the confidentiality task as it deals with protection and responsible handling of personal data.
Applicable law
Both Dutch and US laws may apply to this contract because the website is hosted in the Netherlands (targeting Dutch users), and the owner is based in the Baltimore, USA.
The relevant laws include:
1. The Federal Trade Commission Act (FTC): The FTC is the main privacy and data security regulator in the United States. It establishes standards for handling customer data and provides guidance on privacy best practices.
2. The Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM): If you are planning on sending any commercial emails, compliance with CAN-SPAM is necessary.
3. The Computer Fraud and Abuse Act (CFAA): Protection against hacking and similar activities.
4. General Data Protection Regulation (GDPR): This European Union law applies to any business, including websites, that deal with the data of EU citizens, irrespective of where the business is physically located, or the website is hosted.
5. California Consumer Privacy Act (CCPA): If you anticipate large numbers of visitors from California.
6. Dutch Data Protection Act (Implementatie Wet Algemene Verordening Gegevensbescherming): This is the national legislation of the Netherlands implementing the GDPR.
7. Dutch Telecommunications Act (Telecommunicatiewet): It covers rules regarding cookies and similar technologies.
8. EU ePrivacy Directive: This is implemented into the Dutch Telecommunications Act, regulating the use of cookies and unsolicited electronic communications.
9. Digital Millennium Copyright Act (DMCA): This is a U.S. law addressing copyright infringement, including issues of copying, distributing, and adapting copyrighted material.
10. Section 230 of the Communications Decency Act (CDA): This is a U.S. act that provides immunity to website publishers from third-party content.
Term, termination, assignment of the agreement
Duration of Agreement:
The terms of this agreement shall commence upon the user’s acceptance of these terms and conditions and will continue in effect until terminated by either the user or Gist Biomolecular Medicine.
Conditions for Termination:
1. Gist Biomolecular Medicine reserves the right to terminate this Agreement at any time if the user violates any provision of these Terms of Use or the Privacy Policy.
2. The user may terminate this agreement at any time by discontinuing the use of the website and all the materials provided therein.
3. Gist Biomolecular Medicine may also terminate the agreement at any time without notice, for any reasons listed in this privacy policy at its sole discretion.
3. Gist Biomolecular Medicine may terminate this agreement immediately without notice if it ceases to operate the website, suspected fraudulent or illegal activities, discontinuation of services, unexpected technical issues or problems or any other reason which Gist Biomolecular Medicine deems necessary for termination.
4. Gist Biomolecular Medicine may also terminate or suspend a user’s access if we believe in good faith that such action is necessary to protect our interests and the community.
Termination Notice:
Termination by the company: Gist Biomolecular Medicine reserves the right to terminate the user’s access and use of the website at any time, with or without notice. In the event of termination, the user is no longer authorized to access the website, and the restrictions imposed on you with respect to the content of the website, as well as the disclaimers and limitations of liabilities set forth in these terms, shall survive.
Termination by the User: Users may terminate this agreement at any time by discontinuing all use of the website. A user’s notice of termination will become effective upon receipt by Gist Biomolecular Medicine. To ensure your termination of this Agreement is successfully processed, it is recommended that users contact us via our noted method of communication. Any fees paid to Gist Biomolecular Medicine are non-refundable unless otherwise expressly provided in these terms of use or privacy policy.
Upon termination or expiration of this Agreement, the user must immediately cease use of the website and any information, or materials downloaded from the website.