Common use of Data Processing and Security Clause in Contracts

Data Processing and Security. 29. The Seller shall process information which the Buyer made available through user account in accordance with the Applicable laws. 30. When using the services of the Online store, in addition to data related to the Buyer's user account, the Seller may collect and process certain IT data, which are used to positively identify the Buyer and improve services, such as information on how the Online store is accessed, from which IP address, what type and version of the Internet browser was used, date and time of access, time spent by the Buyer on the pages of the Online store and other diagnostic data. 31. The Seller uses the collected data for different purposes: to ensure the smooth operation of the Online store; to inform the Buyer about his activities in the Online store; to enable the Buyer to participate in the interactive aspect of the Online store, if the Buyer chooses to do so; to provide support to the Buyer; to perform an analysis of important information, in order to improve the quality of services provided through the Online store; to monitor the execution of services provided through the Online store; to detect, warn or eliminate technical problems. 32. The Seller uses so-called cookies and similar technologies in order to be able to monitor the activities of the Buyer on the pages of the Online store and obtain certain information in this regard. Cookies are files that contain small amounts of data, which includes an anonymous identifier. The Online store forwards cookies to the Buyer’s Internet browser, after which this data is recorded on the Buyer’s device (computer, smartphone, tablet, etc.). The Buyer can set the internet browser to refuse to accept all cookies or to indicate when cookies have been forwarded. However, if the Buyer does not enable the receipt of cookies, he will not be able to use certain parts of the Online store, i.e. the use will require unnecessary repetition of steps or re-entry of previously entered data. As a rule, the Seller uses the following cookies: for the session, which identifies access to the Online store; for settings, which allow the Internet browser to remember the settings and selected options; for security, which are used to improve aspects of Online store security. 33. Information collected by the Seller in the manner previously described, which includes personal information about the Buyer, may be transferred to computers located outside Montenegro (for example, data transmitted and processed during the processing of payment transactions made using payment cards). If the Buyer is located outside of Montenegro, the submitted information will be transmitted and then processed in Montenegro. 34. By concluding the Agreement, the Buyer gives irrevocable and unreserved consent to the previously announced principles of processing personal and other data by the Seller. Seller shall take reasonable steps to ensure that Buyer's personal and other information is treated in a manner that guarantees its security, and that Buyer's personal information is not transferred to an organization or state that is unable to provide adequate controls on information and personal data security. 35. The security of the Buyer’s data is of great importance to the Seller. However, the Buyer must keep in mind that no method of data transmission over the Internet, i.e. the method of data storage, is absolutely secure. The Seller strives to protect data using commercially acceptable mechanisms, but cannot guarantee their absolute security. The communication between the Buyer’s device and the Online store is encrypted, which is determined from (as a rule) the green lock that is visible in the address line of the Internet browser, before the address of the Online store. Former implies that the Online store is provided with an SSL certificate, which is a code that enables secure internet communication between the Contracting Parties. When the Internet browser makes contact with the Online store, the SSL certificate enables an encrypted (secure) connection. Each SSL certificate contains identification data, which are registered in the process of issuing and extending the validity of the certificate (the certificate is addressed to the Seller). 36. The Seller hires third parties, with expert knowledge in the field of security of IT services. Such third parties have legally permitted access to the Buyer's personal data to the extent necessary to perform the tasks assigned to them by the Seller, and are obliged to ensure that the confidentiality of the data is protected, i.e. that the data is not used for unauthorized purposes. The Seller is legally liable for errors and / or abuses of third parties in connection with the former. Furthermore, the Seller may use the services of third parties to perform a statistical analysis of the operation of the Online store, subject to the aforementioned limitations and responsibilities. 37. The Seller reserves the right to highlight links to Internet sites that he does not manage on the pages of the Online store. If the Buyer activates the link to the third party's internet address, he will be redirected to the third party's site. The Buyer is obliged to review the privacy policy of the third party site he is visiting. For the purposes of the foregoing, Seller has no control over such content and assumes no responsibility for third party content and privacy policy. 38. The Buyer shall access the contents of the Online store in compliance with the standards of information security prescribed by the Applicable laws and this Agreement. The use of malicious software or technologically harmful material is prohibited. The Buyer is obliged to prevent third parties from accessing the user account. In this regard, unauthorized access to the Buyer's authentication pages when accessing the Online store, the server on which the Online store is located or any server, computer or database associated with the Seller is prohibited. 39. The Buyer agrees that the Seller is authorised to amend or remove any information published on the pages of the Online store, at his own convenience and with no prior notification, which includes the possibility that the Buyer is denied access to any information or his user account. The Buyer agrees that: information presented through internet pages of the Seller represent part of the integrated IT software of the Seller (hereinafter referred to as: “IS”); that the IS may be accessed only by the authorised users; that the Seller is authorised to protect its IT resources and prevent unauthorised usage of the IS; that by using the IS or any device connected to the IS the Buyer agrees to the following conditions: I) the Seller has right to inspect the communication from IS for the reasons that are not limited to testing the weaknesses of the IS or monitoring the network and user activities; II) at any moment, the Seller is authorised to confiscate the data stored on the IS; III) communication of information stored on the IS are not private and are subject to the regular inspection, through which it may be published and/or used by the Seller for the legally prescribed purposes; IV) IS is subject to the security checks of the users through controlled access measures, that are designed with the aim to protect the IT interests of the Seller. Breach of any of the security measures shall represent a criminal act that is to be legally processed in the suitable manner. 40. In the event of non-compliance with the above defined restrictions and prohibitions, the Seller shall, with no prior notification, suspend the Buyer’s user account and shall not bear any responsibility for the damage caused by the prohibited actions of the Buyer and/or third person to whom the Buyer has enabled the use of his user account.