Version 4. Last updated 01 November 2020.

Please note: Terms and Conditions of Use (part 2) follows the Privacy & Data Protection Policy (part 1) below. Please review both of them with as much care as you require in order to accept them. Like many legal documents, they are a little long, but we tried to make them as friendly, human, and as fair as possible. We care about you and your privacy much more than many others.

Part 1: Privacy & Data Protection Policy of Tecflix Ltd

Tecflix Limited {CRO. No. 668215} is a subsidiary of Project Botticelli Limited which is a limited liability company incorporated in Ireland {CRO. No. 455555} and having their registered office at 12 Whitefriars, Peter’s Row, Aungier Street, Dublin 2, D02 W920, Ireland. This privacy policy explains how Tecflix Limited uses the limited personal data collected from you when you use the Tecflix website and/or its online services provided by the companion apps, hereinafter collectively called ‘The Website’.

1.1. Mission Statement

Our website does not use any non-essential cookies and avoids, where at all possible, sharing of any data with any third parties, with the exception of our direct service providers such as our cloud-based IT infrastructure and email services and payment processors. We do not use any third-party analytics services and we do not share your data with any social platforms. We do not use or allow the use of any third-party cookies except temporary authentication cookies from our payment providers. We do not allow advertising on the site. There are no beacons, tracking pixels or images on our site that would allow a third party to track you. Your privacy is paramount to Tecflix: we care about it much more than the vast majority of others. If you are unhappy about any aspect of our privacy, security or other policies, please contact us so that we can improve it for your and everyone else’s benefit.

Since you can access Tecflix services using a web browser of your choice or by using our app, the rest of this policy will refer to them collectively as your “user agent”. There is no essential difference in how they collect and process your data. In particular, and unlike other popular apps you may be using, we do not use our app to bypass any browser-based protections that you may have in place.

1.2. Cookies—General Information

Cookies are text files placed on your computer by your user agent to store and to subsequently retrieve information during and between visits to a website. You are welcome to set your browser not to accept cookies. As our website makes only a limited use of cookies (see below) it should function well, however, in a few cases, some of the Website features may not function, especially if you delete authentication cookies during your visit. In such a case, you will find it harder to log-in with your user account, and it may be impossible to process payments. However, if you delete cookies after, or before your visit, you should not experience any issues, as the Website does not depend on cookie storage between your visits. Furthermore, this Website attempts to remove any temporary authentication cookies as soon as you log out or when they are no longer needed.

Please see below for a detailed explanation what information we may automatically collect from you through cookies and other technologies.

1.3. What Types of Data Do We Collect?

a) Cookies: Essential Cookies Only

Tecflix Limited does not use nor store any permanent (aka persistent) cookies. We only use short-term, 1st-party (that is our own) session cookies to provide session authentication once you log-in using your account, when you are changing your password, and when you are about to accept our terms and conditions. We also use our 1st party, short-term cookie to enable the shopping cart functionality on our site.

Retention Period: these cookies are retained by your user agent for no longer than the duration of your logged-in session. Tecflix does not store, copy, or retain these cookies at all.

Tecflix Limited allows our payment providers, Stripe and PayPal (as selected by the website user) to set their own, necessary, temporary, third-party (third-party from Tecflix perspective, but first-party from their own, that is Stripe or PayPal perspectives’) cookie while the payment transaction is in progress. These cookies expire as soon as the transaction or the session is over and they should automatically delete. You are welcome to delete them at any time, but to ensure the completion of your transaction please delete them before or after the transaction. Tecflix does not have access to, does not store or retain any of those cookies.

Tecflix Limited does not use any tracking cookies, that is neither first-party nor third-party tracking cookies. Indeed, we strongly believe that third party tracking is bad for everyone and we discourage that practice. Please see below how we analyse session data without sharing it with anyone else.

You are welcome to use our site with an ad or a cookie blocker. Since Tecflix does not use any non-essential cookies, you will not see nor need to accept any cookie warnings on the Website. Notwithstanding same, website users will need to accept our Website Terms and Conditions of Use and this Privacy & Data Protection Policy in order to access our services.

b) Connection Data: IP Address and HTTP Request

Retention Period: This data is stored for 5 weeks in our server logs.

We collect the IP address and the content of the HTTP requests for all visitors to the Website that the user agent sends to our web server. This information is stored in server logs for the purpose of fault and performance diagnosis, as well as fraud and security investigations. No attempt is made to identify a user with the exception of suspected fraud or security breaches.

This information is collected by us from the user agent when it establishes a connection to our servers.

For security reasons it is not possible to remove this data before it expires, and it is not possible to opt-out of its storage, however, it is automatically deleted after 5 weeks at which point it cannot be recovered.

d) Session Data: Anonymised IP Address, Anonymised Session Identifier, Country and City of the IP Address, Browsing and Video Play History Including Error Messages

Retention Period: This data is stored for 1 year and 6 days.

When the user agent connects to the Website servers it establishes a temporary session that lasts only as long as the activity of the user, typically minutes-to-hours, but if the user wishes so, the session can last longer.

For all sessions, we collect an anonymised version of the IP address and an anonymised identifier of the session. Our servers detect the user’s country and city from the IP address without sharing the IP address with any third parties. We store this information, together with the characteristics that the user agent sent to us (notably: its make, type, version, operating system, device make and type including screen resolution), a log of pages visited during the session, viewed videos, including how they were played (speed, duration, entry and exit timings, errors) and any other errors the user has encountered during their session. This information is used for the purpose of diagnosing session issues, including video playback issues, and for improving our services through better understanding of usage patterns. For example, it allows us to discover why some videos might not play for some users in some locations and to fix those issues later. Please note that no attempt will made to de-anonymise this data other than in exceptional cases involving fraud or security investigations.

This information is collected from the user agent each time it sends a request to our servers.

It is not possible for website users to request the removal or isolation of the data because this data has been anonymised as a consequence Tecflix cannot determine what anonymised data relates to which user. However, if a website user were to provide us with an exact replica of the user agent data that was sent to our servers in the first place, including the sequence of actions the user has performed, and the city and country of their user agent, that replica of the user agent data could be anonymised again in order to create a match that could, but would not be guaranteed to, allow us to find and to remove the anonymised data from our storage. Due to the random nature of the anonymisation process we do not guarantee this to be possible in majority of cases, however, we feel it is only fair to outline this theoretical possibility in the spirit of good will.

It is not currently possible to opt out of the storage of this data because its use is intertwined with the essential functionality of the service. However, no cookies or other browser-based storage technologies are used for the purpose of the collection or processing of this data. If you are concerned about this policy we would ask website users to discontinue accessing the Website and related services.

Furthermore, even though the anonymised session data is automatically deleted after 1 year and 6 days, the aggregated reports, and their ensuing business analysis are currently retained indefinitely. These include grand totals and averages broken down by the training courses and the subjects Tecflix teaches over various periods of time and geographies. We use these analyses to make business decisions, notably to plan and allocate our resources.

e) Essential User Account Data: Username, Password, Email Address

Retention Period: This data is stored indefinitely until an account has been cancelled by the user, by us, or cancelled automatically due to non-use or non-activation.

For visitors who create an account on the Website, e.g. to avail of a free or a paid subscription to view our restricted-access content, we also collect their username, password, and email address. This information is used to authenticate and to initially secure the website user’s session and to send them service-related notifications (aka Transactional Email) such as password resets and other non-marketing communications, such as notices of changes to terms and conditions, service availability issues, user subscription expiry terminations and renewals, and of any other significant changes that may affect their ability to use the Website and related services.

Please note that this information is not used for marketing purposes and no cookies or other browser-based storage technologies are used in its processing.

Any website user can view and change their user account data by visiting https://tecflix.com/user and selecting the ‘Edit’ tab. Website users can also irrevocably cancel their account on that page. Furthermore, if a website user creates an account but fails to validate its email address, the account will be cancelled automatically within 2 days of its creation. Once cancelled, this data may remain in the Tecflix backup server for up to 5 weeks, at which point it is automatically deleted. For security and service integrity reasons we are unable to restore cancelled accounts from our backup.

f) Terms and Conditions Acceptance Data: Username, IP Address, Country, City

Retention Period: This data is stored for a minimum of 7 years.

When a website user creates an account on the Website, or when making a purchase, the website user needs to accept the Terms and Conditions by ticking an ”I accept” box. Their username, user agent IP address, the country and city associated with the IP address, and purchase order details (see below) will be stored by us in order to comply with Irish law and regulations which require us to keep a formal record of each acceptance of these terms and conditions. If the terms and conditions change we will record this data once again when the website user accepts the updated terms and conditions.

Because this data signifies acceptance of a legal agreement, it is not possible to request its removal. If you have any concerns about it, or if you believe the data is incorrect and you would like to have it corrected in accordance with your data protection rights, please contact us.

g) Personal User Data: Name, Organisation, Linkedin Profile Link, Photograph, Learning Achievements That May Be Displayed on Our Alumni Page

Retention Period: This data is stored indefinitely until an account has been cancelled by the website user, by Tecflix Limited, or cancelled automatically due to non-use or non-activation.

If the website user provides it, we also collect: first and last name, job title, organisation name, a photograph, and their LinkedIn profile link. Tecflix may publicly display a website user‘s learning achievement on our site Alumni page, linking it to the user’s LinkedIn profile in circumstances where:

• The website user/subscriber has requested to be listed as a Tecflix Alumni.
• The website user/subscriber has completed a course of learning on our site.

This information may be displayed at our sole discretion. We reserve the right to stop displaying any user’s achievements on our Alumni page at any time.

In order to display the foregoing information on the Website, the website user/subscriber has to explicitly request it while also providing a valid LinkedIn profile link and matching photograph. The website user/subscriber can at any time withdraw their request by switching off their Alumni page request, and by editing their data on https://tecflix.com/user page, where they can also irrevocably cancel their account. Once cancelled, this data may remain in our backup for up to 5 weeks, at which point it is automatically deleted. For security and service integrity reasons we are unable to restore cancelled data from our backup. Unless the website user has requested Tecflix to publicly list their achievement in this way, this data is not used by us for any other purpose.

With the exception of the learning achievements, this data has to be voluntarily entered by the user and is not automatically collected by us in any other way. The learning achievement is automatically assessed by our service while the website user/subscriber is progressing through the learning materials. This information can also be removed by the user by cancelling their account.

In circumstances the website user cancels their account, their achievement will be removed from the Alumni page immediately in most cases, and no later than 1 day otherwise. Website users cannot edit their learning achievement, however, as already stated, they can revoke their request to have it displayed publicly on the Alumni page at any time without having to cancel their account.

h) Learning Progress Data: Course Progress, Watched Videos, Quizzes Completed

Retention Period: This data will be stored indefinitely until an account has been cancelled by the user, by us, or cancelled automatically due to non-use or non-activation.

While the website user progresses through their learning using our service, their progress is tracked and stored by us. This includes information about the courses they have started and completed, videos they have watched including the progress made in those videos, the time spent watching, and the dates and times they have been using our services. If the user takes any quizzes or other online exams or assessments provided by us, their results and progress are also stored by us.

This information is used to help the user to assess their progress and to remind them how to continue their next learning session. This information is not used for any other purpose, including marketing. However, if the user has explicitly requested it, we may send them reminders to resume learning after taking a break, and to suggest which other videos, articles, or other learning content the user should consider following to maximise their learning outcomes. These messages will not be sent to the user by default and the user can at any time request to have them sent and to stop them from being sent by visiting their account page at https://tecflix.com/user

The learning progress data is automatically assessed by the site while the website user makes learning progress. It cannot be edited by the user, other than by continuing their learning activities. However, the user can at any time irrevocably cancel their account on the https://tecflix.com/user page, at which point this data is deleted. Once cancelled, this data may remain in our backup for up to 5 weeks, at which point it is automatically deleted. For security and service integrity reasons we are unable to restore cancelled accounts from our backup.

This information is never shared publicly, with the exception of showing the overall achievement of course completion on our Alumni page but only if the user has explicitly requested that it would be displayed on the Alumni page, as detailed in the previous section.

Please note an important exception that may apply to corporate (not individual) users as to how this information may be privately shared within the user’s organisation—see the section on data sharing hereinafter.

i) Purchase Order Data: First and Last Name, Organisation Name, Billing Address, VAT Number, PO Number, Invoice Number, Detail of Purchased Products, Dates of Order and Payment, Payment Totals and VAT Amount, Invoice Email Address, Payment Email Address

Retention Period: This data is stored for at least 7 and the maximum of 10 years, as required by Irish financial record keeping regulations.

When a website user completes a purchase on our site, we store their billing address, and if provided, their VAT and PO numbers. This information is used to authorise the purchase and to issue a valid VAT invoice. If a VAT number is provided, it is validated against the European Union VIES database, and the outcome of this validation is stored by us and by the European Union VIES servers. Furthermore, the purchase order data of all orders containing zero-rated VAT is reported to tax authorities under the VIES (VAT Information Exchange System) scheme. This information is not used for any other purposes than order processing and regulatory compliance.

This data cannot be deleted as the record keeping is required to comply with Irish tax and company law. However, if a website user believes any of their data is incorrect, we will be happy to review the concern. Please contact us if necessary.

j) Purchase Order Data: Payment Detail Including Credit Card Number

We do not store such payment data at all. Payment processing is done by our payment providers and we only store the outcome of each transaction: its success, failure, and the reason. In case of any concerns, and at our discretion, we can facilitate further queries by contacting our payment providers, however, in case of any payment difficulties we respectfully ask that the user contacts their financial institution in the first place.

At this time, we offer the user a choice of two credit card payment providers, Stripe and PayPal, and we also accept payments by electronic funds transfer to the Tecflix bank account. Neither our bank, nor Stripe, nor PayPal allow us to see the detail of any credit card or account numbers that were used to make a purchase from us. However, the email address associated with the payment transaction, as recorded by PayPal or Stripe, is shared with us and we retain it for at least 7 and no more than 10 years, as required by Irish tax and company law. This email address is not used for any other purpose unless the same email address has been explicitly provided to us by the user for marketing purposes—see the next section. Please see Stripe and PayPal terms and conditions for further information how they process your data.

k) Personal User Data Used for Marketing Purposes: Name and Email Address

Retention period for website users with an account on our site: This data is stored indefinitely until an account has been cancelled by the user, by us, or cancelled automatically due to non-use or non-activation.

Retention period for website users without an account on our site: This data is stored until the website user has unsubscribed from a newsletter.

Please note that Tecflix do not send marketing emails to website users by default. If a website user wishes to receive our newsletter, they have to request it either during account creation, or by later editing their request on the https://tecflix.com/user page. It is also possible to request to receive our newsletter by completing a request form available on various pages on our website, even without creating an account. The user can at any time revoke their request by visiting the https://tecflix.com/user page and changing their newsletter preference or by cancelling their account, or by clicking the “Unsubscribe” link provided in every marketing email, or by contacting us directly.

Please note that if the website user uses the same email address for requesting a marketing newsletter and for making a purchase, even though they can stop receiving the newsletter or cancel their account at any time, we will retain the record of that email address as detailed in the previous section “Purchase order data” in order to comply with Irish tax and company law.

Further, even after the user stops receiving the newsletter, the user will still receive non-marketing communications by email, such as: password resets, purchase confirmations and invoices, up to three advance subscription expiry notifications, and other essential service notifications.

For the avoidance of doubt, Tecflix Limited do not share any user information for marketing purposes with any third parties.

1.4. Data Sharing

In principle, Tecflix do not share any user or our own data with any third parties, notably any external analytics or marketing services. However, it is necessary to share some data in order to deliver some of the requested services.

Specifically:

• All web and database infrastructure services are provided by Project Botticelli Limited, our parent company, who owns Tecflix Ltd. Project Botticelli Limited do not use or access any of the data described in this document for its own use, except for the sole purpose of providing a service that, in turn, enables Tecflix to deliver its own services. For the avoidance of doubt, this also means that Project Botticelli Limited do not use Tecflix data for any marketing purposes. Project Botticelli Ltd own privacy and data protection policies are as strong as those of Tecflix Ltd, see https://projectbotticelli.com/privacy-legal.
• Project Botticelli Limited rent cloud computing services from both Amazon Web Services and Microsoft Azure. Neither of those providers own or are entitled to use any of the data described in this document, even if, technically, they could access it. Further, no data is explicitly shared with Amazon or Microsoft, and neither are their advertising or web tracking and analytics services used in the provision of any of the Tecflix services.
• Order data is shared only with our payment processors: Stripe or PayPal, as selected by the user.
• Transactional emails sent from our service to you will be usually processed by Amazon Web Services, however, for reliability reasons they may also be processed by one of: Microsoft Azure, Mailchimp, or SendinBlue. No tracking pixels or click tracking is used when we send our email to you.
• Newsletter and marketing email, if requested by the user, will be processed by one of: Mailchimp or SendinBlue. No tracking pixels or click tracking is used when we send our newsletters to you.
• VAT number if provided when making a purchase: European Union VIES validation service.
• Purchase order data of orders with a provided VAT number that result in a zero rate of VAT are reported to tax authorities under the VIES scheme as described in Section 1.3(i) above.
• If a user shares with us their LinkedIn profile link, we will validate that link by browsing it on the LinkedIn site, however, we will not share any user data with LinkedIn. Our relationship with LinkedIn is limited to providing a link to the user’s profile on our Alumni page, as described above.

Changing Service Providers

KINDLY NOTE that we might change our service providers in the future but only if we believe another provider would deliver a better service without degrading our privacy goals. For that reason, Tecflix pledge not to use any services of the Facebook group of companies nor of Google Analytics. We pledge not to place on the Website any technology that would knowingly expose our visitors to the activities of those companies, or of other companies who in our opinion would lower our commitment to privacy. If we change our service providers, we would update this privacy policy, and we would alert you using your email address which we have on file. If you are unwilling to accept that change, we would regrettably ask you to cancel your account. In case you had an unexpired paid-for subscription at the time and you were unwilling to accept the change of these terms we would be happy to offer you a pro-rated partial refund of the unexpired portion of your subscription.

Access, Account Transfer, and Sharing Learning Progress Data with Group Purchasers/Employers

Please note this important clause only applies to website users who do not purchase their own subscription, but for whom their subscription has been purchased by their organisation, hereinafter referred to as the “Group Purchase”.

If an organisation has paid for your subscription, which you have activated by redeeming a code that was provided to you by someone other than you, the purchaser of that subscription can ask us to terminate and to transfer your access to our services to another user in genuinely exceptional cases, subject to our discretion, for example if you have genuinely left their employment. We will first attempt to contact you before acting on that request, giving you an opportunity for any clarifications. For the avoidance of doubt, we do not permit transferring access for the purpose of sharing the benefits of a subscription between users and we require each user to have an account in their own name with an unexpired Full Access Subscription even if their intended or actual use would be for a shorter period of time than the duration of the subscription. In other words, this provision is not designed for the purpose of cost optimisation but merely to support genuinely exceptional situations which are subject to judgement on a case-by-case basis solely by us.

Further, the purchaser of your service can enquire with us about your use of the service, for example to ensure that their purchase was justified. In particular, the purchaser can ask us about any learning achievements that you have gained. If we share, by email, any information about your achievements with the purchaser, we will always include your email address in the Cc of that message so that you are aware of what information we are sharing with them. Please make sure you keep your email address up-to-date by visiting and editing it at https://tecflix.com/user

For the avoidance of doubt, we will not share any detailed information about your learning. In particular, we will not share the dates, times, locations etc of your learning sessions. We will only share your overall achievements, that is: a list of completed courses and the approximate, overall progress towards the completion of those that you have started, rounded to the nearest of: 25%, 50%, 75%, or 100% of progress made, or 0% if you have not started the course.

If you are concerned about this sharing of information please do not redeem a prepaid subscription code that may have been given to you by anyone else. If you make the purchase yourself, we will not share any learning progress information with anyone else, except when you request to be listed on our Alumni page, as described further above.

1.5. How Do We Collect Your Data?

Website users directly provide Tecflix with most of the data we collect. We also collect and process data as described in detail in section 1.3 above.

1.6. How Will We Use Your Data?

Please refer to section 1.3, above, for detailed explanation how we use your data.

1.7. How Do We Store Your Data?

Tecflix stores your data on servers located at our cloud provider locations within the European Union. This information is also backed up onto cloud computer storage and retained for a period of five weeks after which time the backup is permanently deleted.

We will keep your data in accordance with the retention periods set out in Section 1.3 (a)–(k) depending on the type of data. Once this time period has expired, your data will be deleted but as mentioned heretofore, the data will be stored on the company’s backup server for a period of five weeks after which time it will be deleted permanently.

1.8. Marketing

Tecflix does not use your personal data without your consent for marketing purposes. We do not share your data with third parties for marketing purposes.

Website users can subscribe to a marketing newsletter. If a website user wishes to receive our newsletter, they have to request it either during account creation, or by later editing their request on the https://tecflix.com/user page, or by entering their email address in a newsletter subscription form that appears on several pages on our website. Website users can withdraw their consent to the processing of their data in this way at any time by cancelling their account. Please see Section 1.3(k) above, for more detail on the data collected from you when you request our newsletter.

1.9. What Are Your Data Protection Rights?

Tecflix would like to make sure you are fully aware of all of your data protection rights. Every website user is entitled to the following:

• The right to access: Website users have the right to request copies of their personal data from Tecflix.
• The right to rectification: Website users have the right to request that Tecflix correct any information website users believe is inaccurate. Website users also have the right to request that we complete the information you believe is incomplete.
• The right to erasure: Website users have the right to request that Tecflix erase your personal data, under certain conditions, detailed in section 1.3 above.
• The right to restrict processing: Website users have the right to request that Tecflix restrict the processing of your personal data, under certain conditions.
• The right to object to processing: Website users have the right to object to our limited processing of your personal data, under certain conditions.
• The right to data portability: Website users have the right to request that Tecflix transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we will respond to you within 40 days. If you would like to exercise any of these rights, please contact us at:

Email: info@tecflix.com
Telephone: +35315242519

1.10. Privacy Policies of Other Websites

The Tecflix website contains links to other websites. This Privacy and Data Protection Policy applies only to the Website, so if you click on a link to another website, you should read and accept their privacy policy.

1.11. Changes to Our Privacy Policy

Tecflix keeps its privacy policy under regular review and places any updates on this web page. The date of the last update and the current version number are shown at the top of this page. If the policy changes after the website user has accepted it, a new policy will be presented at the subsequent login attempt and the website user will be required to accept the changed policy before proceeding.

1.12. How to Contact the Office of the Data Protection Commission

The Office of the Data Protection Commission regulates entities in Ireland. You can contact them at:

Website: https://www.dataprotection.ie/en/contact/how-contact-us
Email: dpo@dataprotection.ie

Part 2: Terms and Conditions of Use for Website and Services of Tecflix Ltd

Access to this website, and to our related online services provided by our companion mobile app, and the use of information provided through them is subject to these Terms and Conditions of Use. You should read carefully these Terms & Conditions of Use and our Privacy & Data Protection Policy. By proceeding further and visiting the website pages, you are deemed to have accepted the Terms and Conditions.

2.1. General

This site, tecflix.com, and all of its sub-areas and the related services provided by our companion mobile apps, hereinafter collectively referred to as “Website”, is owned and operated by TECFLIX LIMITED, a private company, registered in Ireland {CRO No. 668215} and having its registered office at 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland (hereinafter called “Tecflix”) under the directorship of Mr Rafal Lukawiecki and Mr Ray Molloy. Tecflix makes no representation or warranty that information displayed on the Website is appropriate or available for use in other jurisdictions. The information available on the Website is continually updated. Whilst we are careful to ensure that all information is accurate, Tecflix does not accept liability for errors, omissions, defects or unauthorised access or alterations to the Website. The content of this Website is intended for use only by the residents of those jurisdictions to which is its expressed to relate.

2.2. Acceptance of Terms & Conditions & Amendments to Terms and Conditions

The use by you (hereinafter “the Website User”) of the Website constitutes your acceptance of these Terms and Conditions. The acceptance of these Terms and Conditions by the Website User is deemed to take effect immediately on the occasion of your first use of the Website. Tecflix reserves the right to amend, change and/or alter these Terms and Conditions at any time by posting such amendments, changes and/or alterations on the Website from time to time or as appropriate. Continued use of the Website will constitute acceptance of such amended Terms and Conditions by the Website User.

2.3. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by law.

2.4. Availability of Website

Tecflix aims to make this Website, the content and the services, available to the Website User at all times. However, Tecflix may at its discretion suspend, restrict or terminate access for individual Website Users or generally to the Website, the content and/or the services, without any liability, whether as part of routine upgrades, repairs, maintenance or otherwise.

Tecflix will limit the instances and impact of any such suspension, restriction or termination to the extent reasonably possible. The nature of the Internet means that Tecflix cannot give any warranty that the Website, its content and/or its services will be provided free from any error, delays, bugs, viruses, or other deficiencies. Where Website Users have paid to access the Website and it is established that the Website User cannot access same, Tecflix will offer Website Users a pro-rata refund of the subscription for the period of downtime upon request.

Tecflix will use its reasonable endeavours to remedy faults with the Website where an error or omission is brought to its attention.

2.5. Rights and Obligations of Website Users

Website Users who leave comments on or post material to Tecflix Website confer on Tecflix the right to reproduce such comments or material worldwide without securing the prior consent of the Website User. Website Users who post such material hereby disclaim any entitlement to royalties, administration fees or charges which the Website User could claim in the normal course of events. The assignment of copyright and image rights to Tecflix by the Website User is without prejudice to the right of the Website User’s right of rectification, erasure and restriction on processing in accordance with Articles 16, 17 and 18 of the GDPR Regulations in respect of any personal data embedded therein.

The Website may include bulletin boards, discussion groups, online forums that allow Website Users to provide feedback to Tecflix from time to time. The opinions, advice and statements contained in these messages posted on the Website are the views of the Website Users and not of Tecflix.

Website Users who leave comments or post material on the Website hereby agree to indemnify Tecflix and hold Tecflix harmless from any action or consequences which directly or indirectly flow from the posting of the material in question. In the event that Tecflix receives any material which in the view of Tecflix is potentially actionable or otherwise objectionable, Tecflix reserves the right to vet or screen comments before posting them on the Website and right not to display comments should they be deemed inappropriate. Tecflix further reserves the right to withdraw the material without notice or reason, and without giving rise to any claim by the Website User against Tecflix for so doing.

Website Users further agree to indemnify Tecflix against any claims or legal proceedings which are brought or threatened against it arising from or in connection with any use by them of the Website, the content or services contrary to these Terms.

2.6. Limitation of Use

All material displayed on the Website belongs to Tecflix unless expressly stated otherwise by way of a copyright notice to Third Parties. As a fundamental condition of their use of the Website, the Website User warrants to Tecflix that it will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. The Website User may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

Website Users are provided with a username and a password and/or alternative authentication mechanisms for their own individual use. The Website User is responsible for keeping the username and password and any other authentication mechanisms secure and confidential. Where Website Users obtain a subscription, Website User agrees not to share details of usernames and passwords or other authentication mechanisms with other users or to permit other users to access the Website without seeking a licence from Tecflix. Website username and password and related authentication mechanisms are provided only to the person whose name they have been registered to, and are not transferrable to other persons, nor can they be shared with others. Website Users further agree not to broadcast, re-transmit, publish, present to a group of persons, or present to third party audiences, in any format, the content of the Website. Website Users are prohibited from viewing or accessing such Website content that is available only to registered users, such as video or audio recordings, from more than one device simultaneously. There is no such restriction on the number of simultaneous connections with regard to other parts of the Website, which do not require the Website User to log in with their account.

For the avoidance of doubt, the following activities are expressly prohibited:

• Direct linking and hot-linking to images or videos or other page or server components contained in this Website. However, linking to an entire web page (which may contain images or videos) is permitted, provided it does not bypass, or attempts to bypass the log-in process, user account verification, or any other authentication or authorisation mechanisms used by the Website.
• Re-using, sharing with others, broadcasting, or presenting to a group of individuals any of the Website content, which is accessible only to registered users, is prohibited, unless all such individuals are also registered Website Users who have a current, unexpired, valid Full Access Subscription. 
• Removing the copyright or trade mark notice from any copies of the content on the Website.
• Creating a database in electronic or structured manual form by systematically downloading and storing all or any of the Website content.
• Except as set out below, modify, reproduce or in any way commercially exploit any of the Website content.

Tecflix offers Group Subscription plans that provide a way to acquire Full Access Subscription for multiple users, which are suitable for a company-wide use. For the avoidance of doubt, each person provided with a Full Access Subscription by means of a Group Purchase is also required to comply with the Limitation of Use described in this paragraph, in particular the requirement not to share their user name and password, or other authentication mechanisms, with other persons, even within the same organisation. In other words, each individual must use their own user name and password, and each needs a current Full Access Subscription in order to access premium or restricted content, such as online training videos. Website User’s attention is also drawn to section 1.4 of the Privacy and Data Protection Policy for important provisions related to Group Subscriptions.

Website Users hereby acknowledge that Tecflix registered trademarks belong to Tecflix and may not be used without written permission.

2.7. Third Party Websites

The Website contains links to websites operated by third parties over which Tecflix has no control. These links are provided for the convenience of the Website User only and do not amount to an endorsement or recommendation of those sites. Tecflix does not accept liability in relation to those sites and should the Website User choose to access third party sites, the Website User does so at their own risk. Website Users hereby acknowledge that when you enter other websites via such links you will not be subject to the within Terms and Conditions and will not benefit from the protections afforded to you by using this Website. In particular, Tecflix Limited facilitates instant payment for online courses and/or subscriptions with the assistance of payment providers, Stripe and PayPal, in addition to accepting electronic fund transfers to the company bank account. Website users are advised to review the Terms and Conditions and Privacy Policy of the aforementioned payment providers that are applicable to their jurisdiction prior to completing their purchase.

PayPal: https://www.paypal.com/webapps/mpp/ua/legalhub-full

Stripe: https://stripe.com/privacy

2.8. Intellectual Property Rights

All intellectual property rights in the Website design, text, graphics, the selection and arrangement thereof and all software are subject to the Tecflix copyright unless otherwise indicated. All such rights are reserved to Tecflix.

The Website User hereby acknowledges that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Website are solely owned by Tecflix.

For the avoidance of doubt, the website and its contents and all personal commentary and opinion published on this Website by the website administrators are the property of Tecflix and are subject to copyright.

The Website User may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Website contents without the Tecflix prior written consent.

These Terms and Conditions does not purport to confer on Tecflix any proprietary right to third party trademarks, patents, industrial designs, copyright or goodwill in and relating to the Website which are historically and legally the property of any third-party businesses or suppliers.

2.9. Limitation of Liability

The Website User accepts to the fullest possible extent permitted in law, that Tecflix is in no way responsible for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses caused to the Website User or the Website User’s property, whether hardware or software and whether such loss is caused directly or indirectly. All implied warranties are excluded from this agreement to the extent they may be excluded as a matter of law.

Tecflix makes no representation or warranties of any kind, express or implied about the completeness, accuracy, reliability suitability or availability with respect to the Website or the information, products, services or related graphics contained in the Website for any purpose. Tecflix will use its best reasonable endeavours to ensure that Website kept as secure as technically possible, however, it is not responsible for loss (direct or indirect) incurred as a result of third-party interference with the Website or “hacking”. However, Tecflix makes no warranty that the Website is free from infection by viruses or anything else which has contaminating or destructive properties.

10. Communication with Tecflix Limited

Should the Website User have any queries or concerns relating to the Website or Tecflix products and/or services, the Website User should contact Tecflix by email to info@tecflix.com or by registered post to Tecflix Limited, 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland.

2.11. Data Protection

Tecflix Limited respects your privacy and is committed to protecting your personal data. The purpose of these Terms and Conditions is to explain how the company processes any data it collects or data which is provided by Website Users. As Website Users interact with the Website, Tecflix Limited may automatically collect technical data about your equipment, browsing actions and patterns. These Terms and conditions are to be read in conjunction with the Privacy and Data Protection Policy.

2.11.1 Identity of Data Processor

Tecflix Limited, a private company, registered in Ireland and having its registered office at 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland. (Registration No. 668215). Tecflix Limited is a subsidiary of Project Botticelli Limited, a parent company which provides the following services: content production and licensing, infrastructure-as-a-service, accounts, and management. For more information about the data sharing aspect of our relationship with Project Botticelli Ltd and with other service providers please see Section 1.4 of our Privacy and Data Protection Policy.

2.11.2 Category of Persons to Whom Information Will Be Disclosed

Tecflix Limited does not permit passive tracking by other organisations on the Website. Information submitted to Tecflix Limited will be processed in accordance with the requirements of the Data Protection Acts 1988 to 2003 as amended and GDPR Regulations and will not be shared with third parties with the exception of limited circumstances which are set out in Section 1.4 of the Privacy & Data Protection Policy. Where Website Users have requested to process payment for goods or services through PayPal or Stripe, or if the Website User has provided their social media profile link, or if the Website User follows a link to a social media website, the Website User does so in the knowledge that Tecflix Limited hereby disclaims any responsibility for the use of data by PayPal or Stripe, or such social media websites which the Website User chooses to access. Website Users are referred to paypal.com and stripe.com for details of the PayPal and Stripe Privacy Policy and to the websites of Twitter, LinkedIn, etc., for the relevant privacy policies.

2.11.3 Purposes for Which Data is Collected/Processed

Tecflix Limited is committed to ensuring that the Website User’s privacy is protected. Tecflix will only retain information on the Website User which has been voluntarily submitted to the website e.g. registration of an online account or purchasing goods, or data that has been collected automatically as described in the Tecflix Privacy & Data Protection Policy. Data belonging to Website Users will only be processed in accordance with the Tecflix Privacy & Data Protection and Policy.

Tecflix Limited records the history of access to learning content, such as knowledge articles or training videos, for each registered user, in order to provide a personal learning progress assessment, and a certificate of achievement, as would be expected from an online learning institution. Such record is never shared with any external parties, and is only available to the registered user, and in the case of group subscriptions also to the purchaser of the subscription, but only in accordance with Section 1.4 (Data Sharing) of the Privacy & Data Protection Policy. Further, after being rigorously anonymised, and statistically aggregated, counts and patterns of how and when content was accessed are used to provide feedback to content authors, in accordance with Section 1.3 (What types of data do we collect) of the Privacy & Data Protection Policy.

Tecflix Limited may have to process Website Users’ data where it is necessary for compliance with a legal or statutory obligation or where it is necessary for the performance of a contract to which the Website User is a party.

2.11.4 Secondary or Future Uses of Data

Tecflix Limited will only use Website Users’ data for the purpose for which it was collected from Website User in accordance with the Privacy & Data Protection Policy. Tecflix Limited undertakes not to share Website Users’ personal information with third parties or apply personal data for a secondary purpose without the express permission of the Website User.

2.11.5 Data Tracking

Tecflix Limited does not use or permit the use of cross-site tracking technologies. Website users should review Section 1.1 (Mission statement) of the Privacy & Data Protection Policy for further information.

2.11.6 Data Retention

Tecflix Limited will only retain the data of Website Users as long as necessary to fulfil the purpose for which it was collected including for the purpose of satisfying any legal, accounting or reporting requirements. The retention periods are set out in Section 1.3 of the Privacy & Data Protection Policy.

2.11.7 Accessing, Deleting, Updating, Removing Data

Website Users can close their user accounts by selecting the “Cancel Account” option in the “My Account” page of the website, available under the “Edit” tab at https://tecflix.com/user. Website Users should keep Tecflix informed of any changes to relevant personal data as it is important that the personal data held by Tecflix Limited is accurate and up to date. Relevant personal data includes identity data [names], contact data [email address] and marketing preferences.

2.11.8 Complaints Regarding Data Protection

Website Users can request that information retained by Tecflix be deleted/amended or can request access to personal information by emailing info@tecflix.com. Requests will be processed in line with Tecflix obligations under the Data Protection Acts 1988 and 2003 and/or GDPR Regulations as applicable. Website Users should include any personal identifiers which were supplied to the website (e.g. name, address, phone number, e-mail address). Such requests will be dealt with as soon as possible and will take not more than 40 days to process. Website Users can also withdraw consent to the processing of their personal data at any time where Tecflix Limited is relying on such consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Tecflix Limited may not be in a position to provide certain services to you when such consent is withdrawn however you will be notified of any consequent restrictions on accessibility to the Website at such time the consent is withdrawn.

Complaints regarding Tecflix Limited’s statutory obligations can be directed to The Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland.

2.12. Entire Agreement

This agreement constitutes the final and entire agreement between Tecflix Limited and the Website User regarding the subject of this agreement and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

2.13. Jurisdiction

These Terms and Conditions shall be subject to and construed and interpreted in accordance with Irish Law and shall be subject to the jurisdiction of the Courts of Ireland.

2.14. Termination

Tecflix reserves the right at its discretion to terminate or suspend access to the Website and/or the services, to deactivate the Website User’s membership, and/or to remove or edit content. The grounds on which Tecflix may take such action may include (but shall not be limited to) where the Website User breaches a term of these Terms and Conditions or is likely to so breach or where the website, services or content are being abused or are likely to be abused.

2.15. Assignment

Tecflix may transfer and assign the company’s rights and/or obligations under these Terms and Conditions. This will not affect the rights of Website User. Website Users may not transfer or assign any of their rights under these Terms and Conditions. Nothing in these Terms and Conditions shall confer the rights of the Website User on any other person.