Enetpulse Terms of Use

General Terms of Use

Terms of Use

These Terms of Use (hereafter referred to as the ‘ToU’) constitute and govern the relationship between ‘Provider’

(defined below) and all parties who access the Website (defined hereunder) and make use of its features and contents

in any manner (hereafter referred to as ‘Visitors’).

Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.

 

General

The use of any or all of the features and services offered by the Provider on Enetpulse.com website

(hereafter referred to as the ‘Website’) and the information, materials and links contained therein, is subject

to the ToU as set out below. Unless otherwise agreed by the Provider in writing, the ToU constitute the entire

relationship between the Provider and the Visitor in its use of the Website including any or all of its functions

on offer by the Website.

The Visitor has the duty to read carefully and understand the ToU before using the Website. A Visitor who has viewed

the Website is considered to have read, understood and agreed to be bound by the ToU, without the need for any further act.

The Provider hereby reserves the right to suspend, add, amend, and/or supplement these ToU from time to time as

it may deem appropriate.

The Provider recommends that the Visitor reads carefully the contents of these pages regularly. By using the Website

the Visitor agrees to be bound by the ToU, as well as by the latest modifications to them, regardless of whether

in fact the Visitor is aware of such modifications.

The Provider is under no obligation to verify that all Visitors use the Website according to the last updated ToU.

The effective version of the ToU is that which is posted on the Website.

The Website may only be used for lawful purposes. Use of the Website for transmission, distribution, publication

or storage of any material on or via the Website which is in violation of any applicable law or regulation or any

third party's rights is strictly prohibited. 

In the event of misuse and/or the abuse of the Website, the Provider reserves the right to close or block the

Visitor from the Website and close any account registered in the Visitor’s name. The Provider retains the right

to bring a lawsuit against the Visitor and at its sole discretion.

 

Third party websites

The Visitor acknowledges that any contact whatsoever made with third parties after viewing the Website, whether

intended or unintended, and any outcome which ensues, is absolutely independent of the Provider and the Provider

is not in any way responsible for any agreement or expectation and other consequence which ensues as a direct or

indirect cause of this contact.

Any claim or dispute which may arise between the Visitor and such a third party shall in no way involve the Provider.

Third parties do not have access to the Visitors’

Personal Data and any other data that the Visitor may have given to the Provider.

 

Intellectual Property

Without prior authorisation in writing from the Provider, Visitors are not authorised to copy, modify, tamper with,

distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the Website.

Any breach of the aforementioned clause may be tantamount to a violation of applicable intellectual property rights

within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves

the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.

 

Type of Relationship

These ToU are not intended to create any partnership, agency or joint venture between the Provider and the Visitor.

 

Legal Compliance

Visitors are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or

resident and/or present. The Provider does not accept responsibility for any action taken by any authority against

any Visitor in connection with their use of the Website.

 

Law & Forum and/or community

This Agreement shall be governed by and construed in accordance with the laws of the country of Malta without

giving effect to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the court of

the country of Malta for the settlement of any disputes arising out of concerning this Agreement. 

 

Headings

Headings are intended for clarity and to facilitate reading of these ToU. They are not intended as a means of

interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the

Provider in any manner whatsoever.

 

Waiver

Any waiver by the Provider of any breach by any Visitor of any provision of these ToU shall not be considered as

a waiver of any subsequent breach of the same or any other provision of these ToU.

 

Disclaimer

Warranties and Representations

It is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or

implicit) that the content of the Website is accurate and/or suitable for any particular purpose other than those

warranties which cannot be expressly excluded under the governing law of these ToU.

The Provider does not guarantee that any of the functions provided by the Website are authorised, and that the

operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated

regularly, that any software defect is regularly corrected, that it is uninterrupted, that the Website are virus

or bug free, or that they are continually operational, that they are adequate, that the information and functions

available thereon is reliable, or that all other information obtained and functions used on the Website are adequate

and reliable. Those who choose to access the Site do so on their own initiative and are responsible for compliance

with local laws, if and to the extent local laws are applicable.

 

Privacy Policy

Enetpulse.com website (hereafter referred to as the ‘Website’) respects the privacy of all parties viewing and otherwise

making use of the Website, hereafter referred to as the ‘Visitors’, and is committed to protecting their privacy.

From time to time, and only with their prior consent, the Website collects and uses ‘Personal Data’ (defined hereunder)

relating to its Visitors in order to provide them with the services provided by the Website and only for any purpose

which has been expressly stated hereunder.

This Privacy Policy complies with international Conventions, and EU Directives, as transposed into Maltese law in

Data Protection Act (Chapter 440 of the laws of Malta), the Processing of Personal Data (Electronic Communications Sector)

Regulations (Legal Notice 16 of 2003 inclusive of the later amendments), it adopts Recommendation 2/2001 of the Article 29

Data Protection Working Party, adopted on 17 May 2001, on certain minimum requirements for collecting personal data online

and implements also any other applicable rules and practices.

 

Collection of Personal Data

The Website does not collect any Personal Data when Visitors simply browse the Website. However, the Website does

require that Visitors supply some Personal Data when using additional or advanced services provided on the Website. On these occasions the Website will ask Visitors for their respective consent prior to the

collection and use of the Visitor’s Personal Data. 

Visitors are under no obligation to provide their Personal Data or to permit their Personal Data to be collected

by the Website. However, the Website may not be able to provide the Visitors not consenting to the collection their

Personal Data with all services offered by the Website.

Although Visitors may have consented to the Website our using their respective Personal Data, they are entitled

to subsequently revoke their respective consent by providing the Website with compelling legitimate reasons.

 

The Right of Access

Visitors are entitled to request that the Provider (defined hereunder) provides them with written information

on which of their respective Personal Data it has collected and/or used. A request can be made by submitting a

request in writing to the Provider (defined hereunder). The Website undertakes to make all reasonable efforts

to keep the Personal Data collected updated. However Visitors are invited to inform the Website of any changes

to their Personal Data which is held by the Website.

Visitors who consider that any of their respective Personal Data is inaccurate, may request the Controller in

writing to correct the data. Visitors also have the right to request the Controller to block or delete their

respective Personal Data if it has been processed unlawfully.

 

Purposes for the collection and use of Personal Data

The Personal Data collected by the Website shall be processed in accordance with the provisions of the

Data Protection Act (Chapter 440 of the Laws of Malta) and subsidiary legislation enacted there under and solely

processed for the purposes of:

  • Communicating with the Visitors;
  • Sending Visitors information which the Provider thinks they will find useful, including information on
    products, services information and commercial materials on offer by the Website;
  • Providing any advanced services which are possibility to configure website to some extent;
  • Improving the content offered by the Website;
  • Providing Visitors with personalised Website content and/or layout;
  • Disclosure of Personal Data to third parties;

The Provider does not sell, trade or rent or otherwise disclose Personal Data appertaining to Visitors to any

third party without their prior respective consent. 

The above is without prejudice to any legal obligation incumbent on the Website to disclose Visitors’ Personal

Data to third parties.

The above is also without prejudice to disclosures which are absolutely necessary as part of one or more of the

Purposes for collecting and using Personal Data. In this case the Website shall seek the prior express consent

of the Visitors concerned.

The Provider reserves the right to provide statistics about Visitors, sales, traffic, and other statistical

information relating to the Website to third parties, however, without identifying any particular Visitor.

 

Log Files

In order to better administer the Website and to collect broad demographic information of Visitors for aggregate

use, the Website automatically logs the IP address of all Visitors and the pages viewed by each Visitor respectively.

 

Cookie Disclaimer

A "cookie" is information stored on a Visitor’s computer by a web server and used to customise their web service.

The Website uses cookies to store information about Visitors’ interactions that may be needed later to perform a

function. Visitors can choose not to accept cookies. Once done, kindly do not further use any of the services

provided by the Website.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We

also share information about your use of our site with our social media, advertising and analytics partners.

 

Security

The Website and the Controller have adopted various measures, both technical and organisational, to help protect

against the destruction, loss, misuse and alteration of Personal Data which has been collected and used.

Notwithstanding these efforts, the Provider cannot guarantee that such event will not occur.

 

The period for which Personal Data is kept

The Personal Data is kept only for the time period required to meet the purposes for which it was collected.

 

Acceptance of the Privacy Policy

The Visitors’ consent to the collection and use of their respective Personal Data by the Website and the Controller

is made subject to the Privacy Policy set out above. Visitors are advised to view the Privacy Policy on a regular

basis in order to become familiar with the terms and clauses therein and with any amendments which from time to

time may be implemented by the Website.

Provider

Enetpulse Ltd a company duly registered under the laws of Malta on the 2nd April 2015 with registration number

C 69861, and having its registered address at 154, 2nd Floor, The Strand, Gzira, GZR 1025, Malta.

 

Enetpulse GDPR

Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), is European privacy legislation that takes effect May 25, 2018. It will replace the existing EU member state laws that implement the EU Data Protection Directive, which has been in existence since 1995.

  • Is the GDPR applicable to Enetpulse?

    Enetpulse is covered by the GDPR in situations where Enetpulse processes personal data of Enetpulse customers, including but not limited to customer end users, if those individuals are located in the EU.
    Enetpulse operates with Privacy by Design, which in short means that we only store necessary data about clients and partners.

  • Is Enetpulse a Data Controller or a Data Processor?

    Enetpulse may operate as either a Data Controller or Data Processor depending on the circumstances.
    With respect to the personal data of its customers, Enetpulse generally is a Data Processor and Enetpulse’s customer is the Data Controller.

    Enetpulse also operates as a Data Controller with respect to certain of its services and/or databases.

  • How Enetpulse share collected information?

    Enetpulse will never share any information with 3rd party without first notifying the Customer in order to obtain specific consent. The information is shared internally within Enetpulse, but only to relevant people.

  • How Enetpulse store and secure information?

    Enetpulse uses a data hosting service provider in Ireland to host the information collected, and uses technical measures to secure the Customer's data. For more information, see https://aws.amazon.com/what-is-aws/.

  • It’s your right to:

    - Get a copy of what we know about you
    - Correct any incorrect data we store about you
    - Have us delete data we store about you
    - Withdraw any consent given
    - Be notified in case we have a security breach

  • Any questions?

    Enetpulse operated with a Committee handling any issues relating to GDPR compliance.
    You can contact the Data Protection Committee at: dpo@enetpulse.com