Employer and Partner Terms & Conditions

Last Updated: 3/31/2020

End User License Agreement

IMPORTANT: Carefully read all the terms and conditions of this agreement prior to signing up for Wanido [hereafter referred to as the “Software”]. Signing up for this Software indicates acceptance of this license agreement.

This End-User License Agreement ("EULA") is a legal agreement between you and Wanido, a North Dakota LLC (“WANIDO”) for the Wanido product identified above which may include associated components, printed materials, and online documentation.

If you do not agree to these terms and conditions, then do not proceed with the provisioning of the Software.


1. Overview

This EULA governs the Software which includes Software-as-a-service and any associated media and printed materials. The Software is provided on a subscription basis. Licensing shall refer to the monthly or yearly subscription amount paid for the Software.


2. Reservation of Rights

The Software is protected by copyright and other intellectual property laws and treaties. WANIDO reserves all rights not expressly granted to you in this EULA.


3. Grant of License

You are granted a single, non-transferable, and non-exclusive license to use the Software under the terms stated in this Agreement subject to your obligation to pay and any rights and limitations described herein. Title, copyright and ownership of the Software and any related documentation remains with WANIDO. Grant of license will immediately cease if the terms and conditions herein are violated, including failure to pay for the subscription.


4. Subscription Licensing

Subscription licensing is done on either a month to month term or a year to year term. Customers may cancel a subscription at any time. The subscription will automatically charge the provided credit card or debit the provided bank account at the beginning of the next term unless the subscription has been cancelled per the requirements set forth in this EULA.


5. Additional Agreements

WANIDO may require you to agree, in order to continue using the Software, to updated terms and conditions which will apply from that date forward.


6. Prices, Taxes and Incidental Charges

WANIDO may alter pricing at any time with notice provided to you. Any price alterations will not be retroactive and will take effect upon the renewal of the subscription Term. Subscription prices do not include any taxes, or other fees required by law, and are the sole responsibility of you to pay. WANIDO may collect taxes if required by law and you agree to pay these to WANIDO when applicable.


7. Product Support Services

WANIDO may make available product support services, training, and other materials (collectively “Support”) related to the Software.

You agree that WANIDO may collect and use technical information gathered as part of the support services provided to you, if any.


8. Disclaimer of Warranty

The Software is licensed “as-is.” You bear the risk of using it. WANIDO gives no express warranties, guarantees or conditions.

WANIDO does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

Further, WANIDO does provide any warranty respecting any harm that may be caused by the transmission of a computer virus or other such computer malware.


9. Remedies

WANIDO’s liability and your exclusive remedy for any claims arising out of the furnishing, performance or use of the Software OR ANY RELATED DOCUMENTATION (whether alleged as a breach of contract or tortuous conduct, including negligence) shall be at the option of WANIDO either (a) return of the most recent license fee or Subscription Fees paid.

You are not entitled to any consequential or other damages. In no event shall WANIDO be liable for any special, incidental, punitive, indirect or consequential damages.


10. Acknowledgement

By using the Software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.


11. Termination and Cancellation

Without prejudice to any other rights, WANIDO may suspend or revoke your use of the Software at any time if you violate the terms and conditions of this EULA.

You may terminate your subscription at any time. Subscription fees are not refundable.


12. Data Governance

WANIDO does not own any of your data placed in the Software. Upon termination of usage rights or cancellation, whether by you or WANIDO, you are responsible for obtaining your data and/or ensuring you have proper exports from the Software. You acknowledge that WANIDO will have no responsibility for the deletion, integrity, reliability, legality or right to use data.


13. Applicable Law

The laws of the state of North Dakota shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Cass County, North Dakota for resolution of any disputes arising out of this EULA.


14. Entire Agreement; Severability

This EULA, including any addendum, supplement or amendment, is the entire agreement between you and WANIDO relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.

© 2020 – Wanido

Last Updated: 3/31/2020

Privacy Policy


Owner and Data Controller

Wanido, Inc.

325 7th St South

Fargo, ND 58103

Owner contact email: wanihelp@Wanido.com



Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.


Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.


Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.


Place

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.


Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.


The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Remarketing and behavioral targeting.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Remarketing and behavioral targeting


The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.


Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.


How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.


Additional information about Data collection and processing


Legal action

The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.


Additional information about User’s Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.


System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.


Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.


How “Do Not Track” requests are handled

This Application does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.


Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.