Before you subscribe to any iKlive services please read the following Terms of Service, Privacy Policy and the Customer GDPR Data Processing Agreement. This policies enable us to protect you, your privacy, to provide high quality services and reflect the requirements of the European Data Protection Regulation (GDPR).
If you have any further questions about our policies, or if you want to know what information we have collected about you, e-mail us at info@iklive.eu.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an e-mail address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary e-mail address on file will be used for this purpose. It is your responsibility to ensure the e-mail address on file is current or up to date at all times. If you have a domain name registered with iKlive, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. iKlive is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via e-mail. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
All services provided by iKlive may only be used for lawful purposes. The laws of the Portuguese Republic apply. The customer agrees to indemnify and hold harmless iKlive from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please e-mail abuse@iklive.eu. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all services and servers include:
iKlive services, including all related equipment, networks and network devices are provided only for authorized customer use. iKlive systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of iKlive system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. iKlive may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to e-mail from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via helpdesk ticket or e-mail and will have a response within 48 hours.
Sites hosted on iKlive service(s) are regulated only by Portuguese Republic laws. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. iKlive is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Portuguese Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, iKlive should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under iKlive service(s).
If in doubt regarding the acceptability of your site or service, please contact us at info@iklive.eu and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. For direct customers the services will also be terminated without notice. Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your reseller account and all associated services.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk e-mailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice and/or refunds. Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, e-mail, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our services.
Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. iKlive reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. iKlive reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of iKlive.
You agree to supply appropriate payment for the services received from iKlive, in advance of the time period during which such services are provided. You agree that until and unless you notify iKlive of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via e-mail to info@iklive.eu. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically e-mail) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive "Your request has been received…" e-mail with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation e-mail within a few hours after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through e-mail to (a) confirm your identity, (b) confirm in writing you are prepared for all files/e-mails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, e-mails, and account may be removed immediately after a cancellation request is processed. As a client of iKlive, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify iKlive of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by iKlive. iKlive reserves the right to bill your credit card or billing information on file with us. iKlive provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 10 € late fee and/or an account suspension until account balance has been paid in full. The 10 € late fee is applied in addition to whatever else is owed to iKlive for services rendered. Access to the account will not be restored until payment has been received. It is the customer’s responsibility to notify our sales team via e-mail at info@iklive.eu after paying for a domain renewal and to ensure the e-mail is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and iKlive cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via e-mail at info@iklive.eu for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact info@iklive.eu iKlive reserves the right to change the monthly payment amount and any other charges at anytime.
Your use of our services is at your sole risk. Our backup service runs at least once a week, depending on your Cloud plan and only one week of backups are kept. This service is provided to you as a courtesy. iKlive is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on iKlive servers.
Any Cloud Hosting account using more than 50 GB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
iKlive reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euro (€), and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and iKlive is not responsible for any change in exchange rates between time of payment and time of refund.
Cancellations requested after the initial 15 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 15 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Most of iKlive services carry a 15 day unconditional money back guarantee on them at any time via request. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. No refunds will be honored on the following services / cases:
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
iKlive will not activate new orders or activate new packages for customers who have an outstanding balance with iKlive. For a new order to be setup or a new package to be activated, you must have a balance of 0.00 €, unless otherwise stated by iKlive in writing.
On all Cloud Hosting plans customers may not:
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If your shared / reseller server has a physical downtime that is not within the 95% uptime you *may* or *may not* receive credit on your account. Approval of the credit is at the discretion of iKlive dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact info@iklive.eu with justification. All requests must be made in writing via e-mail. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Resellers are responsible for supporting their clients. iKlive does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. iKlive will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
iKlive provides its customers with the registration of TLDs domains approved by ICANN and Public Domain Registry. All domains are only eligible by the period they're registered. When you register a domain through iKlive you're assuming knowledge and acceptance of the terms and conditions described here. iKlive isn't responsible for typos and/or other mistakes made at the application time. After payment and domain registry it won't be possible to perform any further changes or refunds.
Whois Information: All domains are registered in the final/last client's name on the WHOIS database (a public nature imposition by ICANN). The client is responsible to keep the content updated and has the ability to request WHOIS privacy at any time. Whenever the customer chooses not to specify or hide WHOIS data, iKlive is assumed as the owner of the domain name for a maximum period of 15 days. iKlive will always validate the domain's WHOIS information in order to accept any changes related to it. If the domain has been registered on behalf of an intermediate, by mistake or wrongly, iKlive will revalidate any request to update the WHOIS information. For this, your update application must be accompanied by invoice(s) confirming the registration payment and consequent domain renewals carried out by the intermediate holder.
Technical Management: iKlive provides its customers with complete freedom to edit the technical information of the domains according to the purchased services. If the hosting service is external it's the customer's responsibility to provide detailed and correct information for the technical configuration of a domain so that it's properly configured on the providing entity's DNS servers. iKlive accepts a writing request to transfer a domain to another Registrar, however the customer doesn't have to be refunded for the time lost.
Financial Management: iKlive has the right to deactivate a domain for non-payment of any services associated. Non-payment also implies not being able to transfer the domain to another Registrar.
Content Management: The owner of the domain, through DNS or a redirection, is solely responsible for the final website information. iKlive doesn't take responsibility for any misconduct in behalf of users of it's services. The right to provide user information for legal purposes is also reserved.
At iKlive we’re committed to protect any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. We, additionally, are firmly committed to the principles of the General Data Protection Regulation (GDPR).
The General Data Protection Regulation is the most significant legislative change in European data protection laws since the EU Data Protection Directive (Directive 95/46/EC), introduced in 1995. The GDPR, which becomes enforceable on May 25, 2018, seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It will replace the EU Data Protection Directive and all the local laws relating to it. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, it also raises the bar for data protection, security and compliance in the industry.
We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service.
This Policy indicates the type of processes that may result in data being collected about you. The purpose of this Privacy Policy to enable you to understand which personal identifying information ("PII", "Personal Information") of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website.
We may collect any or all of the information that via both automated means such as communications profiles and cookies.
Personal Information you give us depends on the type of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and e-mail address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will be transferred only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. All sensitive information is collected on a secure server and data is transferred. When transferring personal information a security icon (SSL) will appear in your browser.
This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. iKlive may e-mail its monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.
We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
Your Internet browser has the in-built facility for storing small text files – "cookies" – that hold information which allows a website to recognize your account. We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality our websites / platforms. More information about cookies can be found at http://en.wikipedia.org/wiki/HTTP_cookie.
We do not disclose any information obtained about you to third parties. This does not apply to affiliates that provide services to you based on links provided within your cPanel access and control, wherein information will be shared to facilitate your use of additional amenities included with your hosting account.
We may use personal information to keep in contact with you and inform you of developments associated with our business. We may also disclose aggregate, anonymous data based on information collected from users to potential partners, our affiliates, and reputable third parties. We take all available measures to select affiliates and service providers that are ethical and provide similar privacy protection to their customers and the community. We do not make any representations about the practices and policies about these companies.
If a customer’s personally identifiable information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer’s personal data in our records. In most cases, this can be achieved via our client area. Otherwise, please contact us at info@iklive.eu.
Customers can choose to receive system updates, such as the newsletters and invoices. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt-out of receiving critical system notifications such as renewal notifications and security alerts.
iKlive uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. iKlive uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is usually protected using Secure Sockets Layer ("SSL") technology and/or other secure proprietary technology.
As mentioned above, iKlive collects certain data and confidential information from customers relating to our web site hosting and domain registration services, and this Privacy Policy applies only to that data and confidential information submitted to us. This Privacy Policy does not apply to, nor does iKlive certify any type of Safe Harbor compliance regarding, data or confidential information that is submitted to another person or entity for whom iKlive may provide hosting or domain name registration services, but regarding which we exercise no authority or control (eg. resellers). An independent evaluation of that person or entity’s own privacy policy and Safe Harbor policies should be made by the customer before submitting data or confidential information to them.
We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about our customers upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical. In the case of a information disclose you'll be notified immediately, as long as the claim says otherwise.
Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.
iKlive has established internal mechanisms to verify its ongoing adherence to its privacy policy. iKlive also encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting user over the e-mail info@iklive.eu.
iKlive will seek to resolve any concerns. iKlive has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.
We act as both a data processor and a data controller under the GDPR.
iKlive as a data processor: When customers use our products and services to process personal data, we act as a data processor. For example, we will be a processor of personal data and information that gets uploaded into a cloud hosting service or cloud server. This means we will, in addition to complying with our customers' instructions, need to comply with the new legal obligations that apply directly to processors under the GDPR.
iKlive as a data controller: We act as a data controller for the customer information we collect to provide our products and services and to provide timely customer support. This customer information includes things such as customer name and contact information.
This Customer Data Processing Agreement reflects the requirements of the European Data Protection Regulation (GDPR) as it comes into effect on May 25, 2018. iKlive products and services are GDPR ready and this DPA provides you with the necessary documentation.
This Data Processing Agreement ("DPA") is an addendum to the Terms of Service ("Agreement") between iKlive and the Customer. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below). The parties agree as follows:
"Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
"Authorized Affiliate" means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.
"Controller" means an entity that determines the purposes and means of the processing of Personal Data.
"Customer Data" means any data that iKlive and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.
"Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
"EU Data Protection Law" means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (GDPR); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).
"Personal Data" means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.
"Privacy Shield" means the EU-US and Swiss-US Privacy Shield Frameworks, as administered by the U.S. Department of Commerce.
"Privacy Shield Principles" means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at www.privacyshield.gov/eu-us-framework.
"Processor" means an entity that processes Personal Data on behalf of the Controller.
"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.
"Services" means any product or service provided by iKlive to Customer pursuant to and as more particularly described in the Agreement.
"Sub-processor" means any Processor engaged by iKlive or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or any iKlive Affiliate.
G2.1 This DPA applies where and only to the extent that iKlive processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.
G2.2 Role of the Parties. As between iKlive and Customer, Customer is the Controller of Personal Data and iKlive shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this DPA shall prevent iKlive from using or sharing any data that iKlive would otherwise collect and process independently of Customer's use of the Services.
G2.3 Customer Obligations. Customer agrees that (i) it shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to iKlive; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for iKlive to process Personal Data and provide the Services pursuant to the Agreement and this DPA.
G2.4 iKlive Processing of Personal Data. As a Processor, iKlive shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to iKlive in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and iKlive.
G2.5 Nature of the Data. iKlive handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.
G2.6 iKlive Data. Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that iKlive shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, iKlive is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
G3.1 Authorized Sub-processors. Customer agrees that iKlive may engage Sub-processors to process Personal Data on Customer's behalf.
G3.2 Sub-processor Obligations. iKlive shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause iKlive to breach any of its obligations under this DPA.
G3.3 Changes to Sub-processors. iKlive shall provide Customer reasonable advance notice (for which email shall suffice) if it adds or removes Sub-processors.
G3.4 Objection to Sub-processors. Customer may object in writing to iKlive’s appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying iKlive promptly in writing within five (5) calendar days of receipt of iKlive’s notice in accordance with Section G3.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this is not possible, either party may terminate the applicable Services that cannot be provided by iKlive without the use of the objected-to-new Sub-processor.
G4.1 Security Measures. iKlive shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with iKlive's security standards described before.
G4.2 Confidentiality of Processing. iKlive shall ensure that any person who is authorized by iKlive to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
G4.3 Security Incident Response. Upon becoming aware of a Security Incident, iKlive shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
G4.4 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that iKlive may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.
G5.1 iKlive shall maintain records of its security standards. Upon Customer's written request, iKlive shall provide (on a confidential basis) copies of relevant external ISMS certifications, audit report summaries and/or other documentation reasonably required by Customer to verify iKlive's compliance with this DPA. iKlive shall further provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) considers necessary to confirm iKlive's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.
G6.1 Processing Locations. iKlive stores and processes EU Data (defined below) in data centers located inside and outside the European Union. All other Customer Data may be transferred and processed in the United States and anywhere in the world where Customer, its Affiliates and/or its Sub-processors maintain data processing operations. iKlive shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.
G6.2 Transfer Mechanism: Notwithstanding Section G6.1, to the extent iKlive processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland ("EU Data") in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that iKlive shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the Privacy Shield and iKlive shall process such data in compliance with the Privacy Shield Principles. Customer hereby authorises any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.
G7.1 Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent iKlive is required by applicable law to retain some of the Personal Data.
Personal Data may be kept archived on back-up systems for an additional (5) five calendar days, which such Personal Data iKlive shall securely isolate and protect from any further processing, except to the extent required by applicable law or by Customer request.
G8.1 To the extent that Customer is unable to independently access the relevant Personal Data within the Services, iKlive shall (at Customer's expense) taking into account the nature of the processing, provide reasonable cooperation to assist Customer by appropriate technical and organizational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to iKlive, iKlive shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If iKlive is required to respond to such a request, iKlive shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
G8.2 To the extent iKlive is required under Data Protection Law, iKlive shall (at Customer's expense) provide reasonably requested information regarding iKlive's processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
G9.1 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
G9.2 This DPA is a part of and incorporated into the Agreement so references to "Agreement" in the Agreement shall include this DPA.
G9.3 In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise.
G9.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.