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This is the Privacy Policy of GoodAccess s.r.o., a Czech company with Id. 03513386 (“GoodAccess” or “we”). GoodAccess provides GoodAccess Cloud VPN and related services (“Services”) as further described at https://www.goodaccess.com/ and its subdomains (“Website”) and additional services such as webinars, newsletters and other content or events (“Additional Services”). The Services are intended for business customers (each a “Customer”) who register for our Services based on our Terms of Service (“Terms”) available at our website https://www.goodaccess.com/legal, as updated from time to time or who acquire our Services via our partners (each a “Partner”). Each Customer may allow individual users – members of Customer’s team (“Members”) to create their user accounts for accessing the Services, in particular to connect to Customer’s VPN. Additional Services are intended in particular for persons using or considering the use of the Services.

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy describes how GoodAccess as a data controller collects and uses your personal data if you fall under any of the following categories:

• If you use our Services, whether as a Customer or a Member.
• If you use our Additional Services, for example by subscribing to our newsletter, blog updates or other content or news or by registering for our webinar.
• If you show an interest in our Services, for example by using our contact form or meeting scheduler.
• If you cooperate with us as a contractor, employee, Partner or other business partner or as an employee or contractor of our Partner or Business Partner or show an interest in such cooperation, for example by sending us an email with a cooperation inquiry.

In addition to information below, GoodAccess as a data processor may also process personal data of individuals who interact with our Customers, if our Customers process their data via our Services. Our Customers act as data controllers and are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations relating to the collection of personal data of such individuals with whom they interact. However, we are committed to providing tools for protecting the privacy of such individuals. For more information about the purpose and legal grounds of such processing and about the rights of the concerned individual, please refer to the privacy policy (sometimes also referred to as a privacy notice) of the particular Customer, as these are out of the scope of this Privacy Policy.

PERSONAL DATA WE COLLECT

Data that you provide to us:

When you intend to use, or use our Services, we ask you to provide certain personal data (“Account Data”) to identify you as a contractual party or a Member and to allow you to invite other Members, if applicable, and to allow you and your Members to use our Services. Such data may include your name, email address, company details, billing details and other information, such as names and email addresses of your Members. By voluntarily providing us with personal data of invited Members, you represent that you are an authorized user of such personal data and that no invited Member has objected to such processing by us.

When you intend to use, or use our Additional Services, we ask you to provide certain contact details. For example: When you subscribe for our newsletter, we collect and use your email address. We ask for and collect personal data such as your name, address, phone number and email address when you register for or attend an event organized by us. When you want to download our content, we ask for your email address to send you the link for download.

When you intend to start cooperating with us, whether as a Partner, employee or otherwise, we ask you to provide certain personal data, in particular contact details and other information which we may need to negotiate the cooperation.

You provide the personal data on a voluntary basis (there is no legal obligation to do so) but without providing the data, we are not able to provide the Services, unless we expressly specify that providing of certain information is optional.

Data that a Customer provides to us about you as a Member:

When a Customer invites you as a Member to use our Services, they already provide us with some of your Account Data, in particular your email address and role.  

Data that we collect from you when you use our Services or Websites:

When you visit our Website or use our Services, including our applications, we use cookies, server logs and other information gathering technologies. These technologies may provide us with personal data (“Usage Data”), such as IP address, information about devices and networks you utilize to access our Websites or Services, and other information regarding your interactions with our Websites or Services. Web beacons, tags and scripts may be used on our Websites or in email or other electronic communications we send to you. These assist us in understanding usage and campaign effectiveness and determining whether an email has been opened and acted upon. We gather certain information and store it in log files when you interact with our Websites and Services, including applications provided as a part of our Services.

We distinguish the (i) essential technologies which are necessary to provide the Service and Additional Services and the (ii) non-essential technologies. We use the non-essential technologies only with your consent which you can give us via a cookie banner or in the Control Panel. You can withdraw your consent anytime by the same means.

‍HOW WE USE THE DATA – PURPOSE OF DATA PROCESSING

We use the personal data which we collect about you to:

(a) provide, operate, maintain and improve the Services and Additional Services, which includes sending service messages and providing customer service and support (we use Account Data, Usage Data and your contact information for this purpose);

(b) enable you to access and use the Services and Additional Services (we use Account Data and Usage Data for this purpose);

(c) negotiate about cooperating with you;

(d) process and complete transactions, and send you related information, including purchase confirmations and invoices (we use Account Data, Usage Data and your contact information for this purpose);

(e) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities (we may use Account Data, Usage Data and your contact information for this purpose);

(f) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events (we use your contact information, which you gave us as user of our Services or Additional Services, for this purpose);

(g) monitor and analyze trends, usage, and activities in connection with our Website and Services and for marketing or advertising purposes (we may use Account Data, Usage Data and your contact information for this purpose);

(h) personalize our websites and Services (we may use Account Data, Usage Data and your contact information for this purpose);

(i) comply with our legal obligations, including our obligations related to personal data protection (we may use Account Data, Usage Data and your contact information for this purpose).

DATA SHARING AND TRANSFERS

Our Processors:

We may share your personal data with third-party service providers to provide virtual servers, development, analytics and other services for us. These third-party service providers may have access to or process your personal data for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal data that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us. By default, we and our service provider process your personal data only within the EU. If the data are exceptionally transferred outside the EU, we do so in accordance with applicable laws and we rely either on adequacy decisions for the relevant countries, or other transfer mechanisms as may be available under applicable laws, such as the Standard Contractual Clauses.

Our Partners:

If you show an interest in our Services, you instruct us to share your personal data with a Partner who resells our Services in your region if we deem such an approach appropriate given the Partner’s local (in particular the language) expertise. Such Partners usually process your data as standalone data controllers.

If you are considering purchasing the Services from our Partner, such Partner may use our Website to onboard you. In such a case you are contracting with our Partner as well as with us, and we will share your data with the Partner to allow him to complete and deliver the contract with you.

If the Partner is outside the EU, we transfer your data in accordance with applicable laws and we rely either on adequacy decisions for the relevant countries, or other transfer mechanisms as may be available under applicable laws, such as the Standard Contractual Clauses.

SECURITY OF YOUR PERSONAL DATA

We take reasonable and appropriate steps to protect your personal data in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction.

LEGAL GROUNDS FOR PROCESSING (IF YOU RESIDE IN EEA, UK OR SWITZERLAND)

We process your data for the purposes described in this Privacy Policy, based on the following legal grounds:

(i) In pre-contractual dealing:

We process your data in negotiation of potential cooperation. As part of the negotiation, we may inform you about our Services so that you may evaluate your interest in cooperation with us.

(ii) When we’re providing a service based on a contract with you:

We process your data to provide a Service or Additional Services which you’ve asked for (which means we entered into a formal or informal contract, this may include your order of update emails about our Services) for the following purposes:

• providing, operating, maintaining, and improving our Services and Additional Services;
• enabling you to access and use the Services or Additional Services.
  

(iii) When we’re pursuing legitimate interests:

We process your information for our legitimate interests and legitimate interests of third parties (in particular of the Customer who invited you as a Member or who you represent as an individual or of the Partner) for the following purposes:

• providing, operating, maintaining, and improving our Services and Additional Services; this includes the processing of communications which you exchange with us via contact form or live chat;
• enabling you to access and use the Services; promoting the Services;
• sending promotional communications (the legitimate interest only applies if we have provided you with any Services or Additional Services, we do not rely on legitimate interest to send promotional communications to Members, unless they opt for such communication);
• investigating and preventing fraudulent transactions, unauthorized access to the Services, and other illegal activities.
  

(iv) When we’re complying with legal obligations:

We’ll process your data when we have a legal obligation to do so, for example, if we’re responding to a legitimate governmental agency’s request.

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(v) With your consent:

We may ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.

When you are accessing our Website, we ask for your consent using the cookies and processing the collected information for: monitoring and analyzing trends, usage, and activities in connection with our Websites and Services; and personalizing the websites and Services.

If you wish to withdraw your consent, you can contact us at privacy@goodaccess.com or you can change the cookies settings.

YOUR RIGHTS (IF YOU RESIDE IN EEA, UK OR SWITZERLAND)

To the extent available by data protection protection applicable to you (such as GDPR), you may exercise the following rights:

(a) you may request access to your data from us (information about what your specific data we process and how do we work with them); (b) you may request restriction of the processing your data (which means that we do not delete the data but we will not work with them); (c) you may request data deletion and correction (always if the legal conditions are met); (d) you may object to the processing of data – it means that you may refuse data processing based on a legitimate interest and we will limit processing, unless we prove serious and qualified legitimate reasons for the processing; and (e) you may exercise your right to data portability. To exercise any of these rights, contact us via above mentioned contact details - the easiest way is to send us an email to privacy@goodaccess.com and we would be glad to help you exercise your rights. If you believe that we are violating legal rules by processing your personal data, you have the right to lodge a complaint with the national supervising authority (Czech Office for Personal Data Protection for GoodAccess Czech s.r.o.).

You can opt-out from receiving promotional emails by clicking on the "unsubscribe" link located on the bottom of our emails or you may send a request to privacy@goodaccess.com.

CALIFORNIA RESIDENTS

Under the California Consumer Privacy Act (“CCPA”), we are required to inform California residents who are users about the categories of personal information we collect about you and the purposes for which we will use this information. We collect information which you give us at the registration, in particular your name and email address and information about your use of our Services or Additional Services. We use and disclose the personal information we collect for our business purposes as identified in the CCPA for communicating with you about the Services as well as for legal compliance, performing services, internal operations, protection against security incidents and activities to improve and maintain our business. California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. We do not, and will not, sell your personal information.

MINORS

We do not knowingly collect any personal data from children under the age of 16. If you are under the age of 16, please do not use or submit any personal data through our websites or Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children never to provide personal data through our websites or Services without parental permission. If you have reason to believe that a child under the age of 16 has provided personal data to us through our websites or Services, please contact us at privacy@goodaccess.com, and we will use commercially reasonable efforts to delete that information.

DATA RETENTION AND DELETION

We retain personal data we collect from you where we have an ongoing legitimate need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). When we have no ongoing legitimate need to process your personal information, in particular after the Services contract terminates or negotiation about our cooperation fails, we will either delete or anonymize your personal data or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing, until deletion is possible.

If you contact us via contact form, live chat, meeting scheduler or similar tool, we generally store such communication for two years from our last contact. In case you contacted us for potential cooperation, we believe this is a reasonable time for each of us to finally consider whether or not to cooperate. If you contacted us to resolve any issue, we believe this a reasonable time to finally resolve each such issue.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will add or change the “Last Updated” date at the top of the page. If such changes are material in nature, we will provide you with additional notice (such as adding a statement to our website or sending you an email notification).

CONTACT DETAILS

Our full identification and contact details are:

GoodAccess s.r.o.,
Špitálské náměstí 3517/1b, 400 01 Ústí nad Labem, Czech Republic
Company Id. No. 03513386
Commercial Register: Regional Court at Ústí nad Labem under C 34788

You may reach us via mail at our registered address, via our support or at privacy@goodaccess.com.

‍SCOPE OF THESE TERMS

These Terms of Service (“Terms”) govern the access to and use of GoodAccess Cloud VPN (“Services”), as provided by GoodAccess s.r.o., a Czech company with Id. 03513386 (“GoodAccess” or “we”) to businesses and other organizations or individual entrepreneurs (“you” or “Customer”) who register for the Services via https://www.goodaccess.com/ or any subdomain (“Website”). When an individual registers on behalf of an entity, such individual (i) must state the full legal name of the entity at the registration and (ii) warrants to GoodAccess that they have the authority to bind the entity. The Services are intended only for businesses. If you register as an individual, you warrant to GoodAccess that you have full legal capacity and that you act as an entrepreneur and have all required licenses and registrations. You must provide correct information when registering for the Services (including Customer’s full legal name), when inserting billing details or responding to our verification of your details (if applicable); and you must notify GoodAccess of any changes to such information.

By submitting a registration form which refers to these Terms by a link or by otherwise indicating your agreement, you agree to be bound by these Terms and acknowledge you have read and understood these Terms, including GoodAccess Acceptable Usage Policy and our Privacy Policy, all available at our Website https://www.goodaccess.com/legal. You must not submit the form without first reading these Terms, including the Acceptable Usage Policy, and the Privacy Policy. If you do not agree or comply with the Terms, do not submit the form and do not complete the registration.

If we accept your registration request, which is at our full discretion, we will provide you the Services in accordance with these Terms. Upon acceptance, these Terms together with your identification and your Services settings represent a binding Service contract between you and GoodAccess. If you registered for the Services via our authorized reseller, you are purchasing the Services from the reseller subject to the terms agreed between you and the reseller, in particular the payment terms. Even in this setup, you undertake to GoodAccess to comply with these Terms, except the section FEES AND REFUNDS. You will be liable to GoodAccess for any non-compliance with such undertaking.

SERVICES

As part of our Services we provide a cloud-based platform for hosting and management of your virtual private network (VPN), including:

• Hosting of one or more cloud-based VPN servers (gateways). The gateway is used in particular for management of encryption keys and traffic encryption.
• Control Panel – a web-based application for administration of your Services.
• GoodAccess applications for users’ devices to be used to access your VPN.
  

By allowing you to use the VPN as part of our Services, we provide transitory digital network communications and in doing so, we neither change the content of transferred data, nor initiate the transfer, nor select the recipients or other users of transferred data. It means that you as a Customer remain liable for the compliance of transferred data, and generally for your use of the Services, subject to applicable laws.

You must not resell, sublicense or otherwise allow other parties to use the Services for fees or other consideration, or offer the same. This restriction does not apply if you entered into a Partnership with us, expressly allowing you to resell the Services. You must not attempt to reverse engineer any GoodAccess software provided as part of the Services or other components used therein or assist anyone else in doing so.

MEMBERS

In the Control Panel you may allow individual users – usually members of your team (“Members”) to create their user accounts for accessing the Services, in particular to connect to your VPN. The individual accessing the Services via an administrative (“admin”) account used for your registration is also a Member. You may grant a Member admin rights and allow them to administer the Service settings and to make payments for the Services. This does not change the Customer. When you grant admin rights to a Member, you warrant to us that the Customer authorized such Member to change the Service settings, including adding new Members. The number of permitted Members may be subject to terms of your plan and may affect the fees payable for the Services.

You as Customer must make sure (and you are liable to us for any breach of this obligation) that each Member uses the Services in compliance with these Terms, in particular with the GoodAccess Acceptable Usage Policy available at our Website https://www.goodaccess.com/legal and incorporated herein by this reference, and in compliance with any applicable laws.

FEES AND REFUNDS

The Services are subscription-based. Some of the Services or Service features are available for free for the initial 14-days period (“Trial Period”). Depending on the plan you choose, some of the features may be restricted during the Trial Period as detailed on our Website https://www.goodaccess.com/pricing, as amended from time to time (“Pricing”). Following the Trial Period, you may use the Services only after you select a plan and pay the subscription fees as detailed in the Pricing. Individual pricing arrangements agreed expressly between you and us prevail over the Pricing, but only for one subscription period, unless expressly agreed otherwise. You agree that we will deliver our invoices to you via the Control Panel.  

You may cancel the subscription and request a refund of subscription fees within 14 days of your first paid subscription period. We will make the refund if the selected payment method allows it and if you complied with these Terms. You must not abuse the Trial period and our refund policy, in particular by creating additional GoodAccess accounts or by asking other parties to create additional GoodAccess accounts for you.

If technically available for the selected payment method, your subscription will renew automatically for the same period at the end of the pending subscription period, unless you cancel the subscription or terminate the Service Contract before the end of a pending subscription period (you may cancel the subscription via your Control Panel).

Any fees indicated by us are exclusive of taxes and other mandatory fees. We may calculate and add any applicable taxes and mandatory fees, including the value added tax, according to your billing information.

We may amend the Pricing by notifying you of the amendment via the Control Panel, Website, email or otherwise. The amendment becomes effective one week after the notification, unless we state a later date in the notification, except that no change shall apply to you during the subscription period pending on the date of the first notification of the change. If you do not agree with the new fees, you may cancel the subscription. The time-limited discounts available from time to time do not apply to existing subscriptions and their renewals, unless indicated otherwise.

This section FEES AND REFUNDS does not apply to Services purchased via any of our authorized resellers. Such Services are subject to the reseller’s pricing and refund policies. We will not refund to you any such purchases made from our resellers or other third parties.

LICENSES

As part of the Services, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license to use the GoodAccess Control Panel and client applications and to allow the same to Members, solely for the subscription period, including any renewals, and solely for the purpose of using the Services in accordance with these Terms.

You agree that we may use Customer’s name and logo solely for the purpose of identifying you as our Customer for marketing purposes.

You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use any suggestions, enhancement requests, recommendations or other feedback regarding the Services (“Submissions”) submitted by you or your Members. We shall be entitled to the unrestricted use and dissemination of these Submissions without acknowledgment or compensation to you. You warrant that you have the right to submit and license such Submissions.

SERVICE IMPROVEMENTS

As part of the Services, you instruct us to collect logs of the use of the Services by your Members, including the use of GoodAccess applications, for the purposes of maintenance and improvement of the Services, in particular support ticket resolution, abuse detection, stability and UX improvements and dealing with errors.

TERM AND TERMINATION

The Service contract shall be effective until terminated in accordance with this section. If you are purchasing the Services from our authorized reseller, the term and termination rules agreed with the reseller prevail over this section, except that (i) your undertaking to comply with these Terms (except FEES AND REFUNDS) survives termination of your contract with the reseller and (ii) we may terminate or suspend your access to the Services with immediate effect if required to do so by law, or for conducting criminal or illegal activities by you or your Members when using Services or if reasonably suspected so by us.

GoodAccess or the Customer may each terminate the Service contract at any time by a notice to the other party, effective as of the last pending subscription period (and immediately if there is no pending subscription). We may provide the notice via email, mail or Website and you may provide notice by closing the account via your Control Panel. A mere cancellation or other termination of the subscription does not terminate the Service Contract. Even after the subscription terminates, you will have access to your Control Panel and will be able order a new subscription.

We may terminate the Service contract or suspend your access to the Services with immediate effect if required to do so by law, or if we reasonably suspect that you or your Members are conducting criminal or illegal activities when using Services.  We may terminate the Service contract for another substantial breach of these Terms.

If you breach any other of your obligations under these Terms and you don’t remedy the breach within 10 days from notification by us of such breach or if you attempt to circumvent the restrictions in these Terms or Pricing, we may terminate the Service contract or suspend your access to the Services.

There will be no refunds at the termination or suspension of the Services, even if this occurs before the expiry of a paid subscription period.

Following the termination of the Service contract:

• GoodAccess shall delete or otherwise make unrecoverable or anonymized any Member accounts and other data relating to your and your Members’ use of Services, within three months after the termination, except the Submissions and except as required for our compliance with applicable laws.  
• All provisions of these Terms which by their nature are intended to continue in effect after the termination and all rights, including licenses granted to GoodAccess, and claims of the parties that accrued up to the termination or by virtue of the termination or expiration will survive the termination.
  

PERSONAL DATA

If data transmitted by us for you as part of the Services include any personal data, as defined by applicable laws, in particular by the EU General Data Protection Regulation, then we shall act as a processor for you. The Data Processing Agreement available at our Website https://www.goodaccess.com/dpa and incorporated herein by this reference, shall govern our processing of such personal data for you, unless we enter into a standalone data processing agreement with you.

NO WARRANTIES AND LIABILITY LIMITATION

You acknowledge that the Services may be unavailable or limited for a variety of factors beyond our control, such as the quality of your internet connection.  Before using our Services, you shall consider that there are inherent risks in using, transmitting or retrieving any data on the internet. The Services are provided “as is”. To the fullest extent permitted by law, we disclaim all warranties, whether express, statutory, implied, or otherwise. You acknowledge and agree that we use third party services providers (in particular the cloud infrastructure providers) to provide Services and we will not be held liable for third party services providers’ actions or inaction beyond our control.

In no event will we or our affiliates, directors, employees or agents be liable to you, or any third party, including Members, for any (i) lost profit, lost revenue or loss of data; or (ii) indirect, consequential, exemplary, incidental, special or punitive damages arising from your or Members’ use of the Services, even if we have been advised of the possibility of such damages.

Our aggregate liability for damages and other claims arising from your or Members’ use of the Services shall not exceed the fees which you paid to us during the six month period preceding any cause of action, and if there were no such fees, then USD 100.

INDEMNIFICATION

You will indemnify and hold GoodAccess and its affiliates, directors, employees or agents harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim, judgment or proceeding against and its affiliates, directors, employees or agents, resulting from or related to your or your Members' use of Services in violation of these Terms, including the  or applicable laws.

FINAL PROVISIONS

These Terms are governed by laws of the Czech Republic. Any dispute or claim arising out of, or in connection with these Terms shall be resolved by the competent courts of the Czech Republic with the local jurisdiction based on the registered address of GoodAccess.

We may amend these Terms by notifying you of the amendment via the Control Panel, Website, email or otherwise. The amendment becomes effective after a week from the notification, unless we state a later date in the notification. If you do not agree with the amendment, you may refuse the amendment via email or Website contact form message, sent to us before the amendment becomes effective. By purchasing additional GoodAccess Services after the notification and by continued use of GoodAccess Services without refusing the amendment, you expressly agree with the amendment.

These Terms may be translated into other languages, but English is the official language of these Terms and in any conflict between the language versions, the English shall prevail.

If you have questions or concerns regarding these Terms please contact us at support@goodaccess.com.