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Index

I. General

1.1 General conditions of use

1.2 User Conduct

1.2.1 Limited use of copyrighted materials

1.3 Exclusive rights

1.4 Copyright policy

1.4.1 Intellectual property policy

II. Security

2.1. Privacy Statement

2.2. Data Controller

2.3. PERSONAL DATA, PERSONAL DATA SUBJECTS AND CATEGORIES OF PERSONAL DATA

2.3.1. What is personal data?

2.3.2. Who are the data subjects?

2.3.3. How do we collect and what categories of personal data do we process?

2.3.4. How do we use your data?

2.4. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA

2.4.1. On what basis can BIZAY treat your personal data?

2.4.2. How long do we store your personal data?

2.5. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA

2.5.1. With whom do we share your personal information?

2.6. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA

2.6.1. How do we keep your personal data secure?

2.7. RIGHTS OF DATA SUBJECTS

III. BIZAY Warranties

3.1 Termination of the BIZAY contract

3.2 Compensation

3.3 Warranty disclaimer

3.4 Limitation of liability

3.5 Satisfaction guarantee

3.6. Promotional campaigns

3.6.1 Port Supply Campaign

3.6.2 Discount for new customers

3.6.3 All Win Campaign

3.6.4 Other campaigns

IV. Conditions of sale - Shipping and Returns Policy

4.1 Cancellation of the order

4.2 Returns

4.3 Prices

4.4 Dispatch

4.5 Shipping costs

4.6 Payment

4.7 Referral of Order

4.8 Correction of errors and inaccuracies

4.9 Invoicing

V. Law in force

5.1 Alternative Dispute Resolution

I. General
1.1 General conditions of use

Please read these terms and conditions of use carefully, as they regulate your access to and use of this website. Any person accessing the BIZAY website and/or its subsidiaries (hereinafter referred to as "BIZAY") implicitly accepts the terms and conditions contained in these General Conditions of Use. If you do not agree with the following terms, we recommend that you report the situation to BIZAY's email address [email protected] and that you do not use this website. This site contains graphics, photographs, images, document examples, artwork, text, fonts, music, software tools and other information (hereinafter referred to as "content") that are the property of BIZAY.

BIZAY may change or modify the website, including services and content, at any time and without notice. In order to ensure greater awareness of your rights and duties as a User, we recommend that you consult these terms and conditions of use each time you access this website.

BIZAY can't guarantee that:
  • The creations are always unique and have no similarities and/or are used by others;
  • Any design created through our creative tools does not infringe any third party rights and/or any trademark.

The User assumes responsibility for the use of this website in accordance with the rules in these terms and conditions and in accordance with the legislation in force in Portugal, particularly with regard to the rules of electronic commerce. You agree that you will not use this website to produce offensive, illegal, malicious, harmful, or any other action that violates the rights of other individuals, trademarks, or companies.

BIZAY informs you that by accepting these terms and conditions, you also accept the terms and conditions of the other countries in which BIZAY operates within the European Economic Area. It also informs that the content of the terms and conditions of all the websites of the countries within the European Economic Area, including the present ones, coincides completely, being different only in the language in which they are presented. Nevertheless, in case of divergence between the terms and conditions of the different countries in which BIZAY operates, BIZAY informs you that the Portuguese version shall prevail.

1.2 User Conduct
The BIZAY User, by using this website, undertakes to:
  1. Register on the website, creating a unique profile in your own name or on behalf of a legal person as long as you have powers to do so, providing true information and refraining from creating multiple profiles or on behalf of third parties without having sufficient powers of representation;
  2. Do not upload, download, publish, email or otherwise transmit content:
    1. whose character is illegal, pornographic, incitement to hatred, which violates laws related to child pornography and sexual exploitation of minors, allows or encourages unsafe practices that may cause physical, mental or moral harm to children, which may be objectionable in racial, ethnic, social, political, legal, moral or religious terms, or otherwise objectionable, or which may be offensive to the rights of third parties, including, without limitation, the rights to the protection of privacy and intellectual property;
    2. that may violate any patent, trademark, trade secret, copyright, intellectual or exclusive right of any person. In order for there to be no doubts, the User can only contribute with works of his authorship, therefore originals. This means that the User may not use images of celebrities or products of companies, nor images, texts or graphic designs that have been copied from a particular website without the written permission of the owner. The User may not create a "new" image or a slogan using elements of images or quotations that have been created by other people;
    3. which constitutes or encourages a criminal offence or illegal activity, violates the rights of any person or violates any national or international law or regulation;
    4. which involves the transmission of unsolicited or unauthorized advertising or promotional materials, unsolicited mail, spam, postage chains or any other form of solicitation;
    5. whose information is false or misleading;
    6. or any material containing computer viruses or any other computer code, files or programs generated to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
  3. Not to extort the identity of any natural or legal person, or to misrepresent the User's relationship with an individual or legal entity in an inaccurate or deliberately incorrect manner;
  4. Not disrupt or abuse the website or any services, promotions or discounts, system resources, accounts, servers or networks or other websites linked to or accessible through our website, or jeopardize the security of such websites;
  5. Do not use or falsify the non-public areas of the website, or access them. Any User who accesses, improperly and without authorization, these areas of the website, may be subject to legal action;
  6. Do not transfer the User's BIZAY account to another person without the prior written consent of BIZAY;
  7. Do not copy, alter or distribute rights or content of the website, services or tools, or BIZAY's trademarks and copyrights;
  8. Not to capture or otherwise collect information about Users, including their email addresses, without their consent.

BIZAY reserves the right to cancel any User accounts created without constituting BIZAY's obligation to indemnify the User in the event that false or abusive profiles are created regarding the rights of representation or if there is an abusive use of the website or promotional campaigns that are in force at any time.

The User acknowledges that BIZAY does not carry out any prior examination of the content submitted. At the time of placing your order, you acknowledge that BIZAY may review the order and its contents to ensure compliance with BIZAY's guidelines and compliance with the terms and conditions of this Agreement. BIZAY does not subscribe and, consequently, is not responsible for any content sent to the website by any User, or any opinion, recommendation or advice expressed on it. Without limiting the foregoing, BIZAY and the persons designated by it shall have the right to refuse or remove, without prior notice, any content that violates the contract or that BIZAY considers otherwise objectionable. In this regard, the BIZAY User undertakes to analyse and bear all the risks associated with the use of all its content.

The User acknowledges and agrees to be responsible for the creation and compilation of its content, and that neither BIZAY nor any other party involved in the production of any product incorporating such content assumes such responsibility. The production by BIZAY of any product displaying the User's content does not constitute an indication that BIZAY approves the content in question, that the content complies with all applicable laws, or that the User is exempt from all liability or damages arising from the use of the Content.

The User acknowledges and agrees that BIZAY may preserve or store its content, as well as disclose it if it is required to do so by law, or if BIZAY understands, according to sensible criteria and as provided in our Privacy Protection Policy, that such conservation, storage or disclosure is necessary.

The User acknowledges that he/she is responsible for all acts and communications made through his/her account. BIZAY assumes no responsibility and cannot be held responsible for content uploaded or otherwise transmitted by or to the User or by or to third parties. This means that BIZAY cannot be held responsible or liable for any errors, defamation, insults, calumnies, omissions, falsehoods, counterfeits, obscenities, pornography or blasphemy that the User or third parties may encounter. The User undertakes to waive all claims against BIZAY, service providers, agents and employees for loss, damage and injury that relate to the communications, content or materials contained on the website. The User further undertakes to indemnify BIZAY for all claims and expenses, including reasonable attorneys' fees, based on or arising out of the User's breach of any provisions of this Agreement.

1.2.1 Limited use of copyrighted materials

It is important to stress that the customer is solely responsible for the content they submit, for the content they produce in the product editor available on the BIZAY website and for the content they request to be used in the "design replication" and "custom design" services. That is, the customer assures the rights to images, graphics, fonts, text and other materials incorporated in the products. By submitting a design, by using the product editor made available on the BIZAY website or by requesting the "design replication" or "custom design" services, you agree that you will not include text, fonts, images, drawings, trademarks, service marks or any other third party copyrighted material in the products, unless you have obtained the appropriate permissions from the owners. The customer warrants that the products do not infringe any third party rights, including copyrights, trademarks, publicity rights or privacy, and that it will not defame any third parties. You further warrant that you have all rights or permissions necessary to incorporate third-party materials into your products, including third-party materials made available through a third-party design service. You warrant that you have all necessary authorizations, permissions and rights to place an order through this website and authorize BIZAY to produce the products on your behalf. The client grants BIZAY the right to copy, modify, create derivative works and vector any content submitted by the client in order to fulfill the order. In addition, the customer warrants to have sufficient rights to allow BIZAY to copy, modify, create derivative works and vector any content uploaded for the purpose of fulfilling the order.

1.3 Exclusive rights

The User acknowledges and accepts that all content contained or distributed on or through the website by BIZAY, its advertisers or other third parties is protected by trademarks, service marks, patents, copyrights or by laws and other exclusive rights. The User may not use or distribute any content received through the website without the consent of BIZAY or the owner of the content.

You acknowledge and agree that the website and any software made available to you or used in connection with the website contain proprietary and confidential information which is protected by intellectual property and other laws.

Subject to the User's compliance with the terms and conditions of this Agreement, BIZAY grants the User a non-exclusive and non-transferable license to use the software only as necessary to use this website, and counts on the User's commitment not to modify, rent, allocate, loan, sell, distribute or create derivative works based on the website or the software, in whole or in part.

BIZAY grants the User a non-exclusive, revocable and limited license to use the content and tools, images and photographs of BIZAY products in order to promote and advertise the website, for which the User must always include a suitable reference to the author of the same contents and a link to the BIZAY website. BIZAY reserves the right to terminate this license at any time.

1.4 Copyright policy

BIZAY's distinctive signs, product images and brands may not be used in relation to any product or service that does not belong to BIZAY, in any way that is likely to cause confusion among customers, or in any way that disparages or damages BIZAY's reputation. All other brands not belonging to BIZAY that appear on this website are the property of their respective owners, who may or may not be affiliated with BIZAY, be or not related to BIZAY, or be or not sponsored by BIZAY.

This site and all its contents are the property of BIZAY, which owns the respective copyright or is owned by parties who have licensed BIZAY to use such property.

It is expressly prohibited to retain, copy, distribute, disseminate or use the content, except in those cases stipulated in these terms and conditions of use. BIZAY reserves the right to add, delete or modify part(s) of the content at any time and without prior notice.

1.4.1 Intellectual property policy

Intellectual Property advocated by BIZAY emerges when a certain idea becomes something tangible. Intellectual property can be a trademark, an invention patent, an industrial design or other type of creation and can be legally acquired. BIZAY respects the intellectual property rights of third parties. BIZAY may terminate the accounts of Users who violate, or may violate, the copyrights or other intellectual property rights of third parties.

If the User understands that its content has been copied in a manner that would give rise to a copyright and/or trademark infringement, he/she is requested to notify BIZAY, and to provide the following information ("Notification"):

  1. An electronic or manual signature of the person authorised to act on behalf of the copyright owner/trademark;
  2. A description of the copyrighted work and/or trademark that is allegedly infringed;
  3. The address, telephone number and email address of the User;
  4. A statement by the User that, in his/her good-faith opinion, the disputed use has not been authorised by the owner of the copyright/brand, its agent or the law;
  5. A statement by You, issued under penalty of perjury, that the above information included in Your Notice is accurate and that You are authorized to act on behalf of the relevant copyright/brand owner.

Also in this context and with adaptation to our Print on Demand (POD) service, it is BIZAY's policy to terminate the privileges of any User who repeatedly infringes the copyright by immediately reporting this infringement to BIZAY by the copyright holder or a legal representative. Without prejudice to the foregoing, if you believe that your work has been copied and published in the services or used in a book in a way that constitutes copyright infringement, you must provide the information set out in our intellectual property policy to BIZAY.

Please note that this procedure is intended solely to notify BIZAY of the occurrence of a copyright or trademark infringement by the User. Thus, you can contact us through the address: [email protected]

II. Security
BIZAY has implemented several physical, electronic and procedural measures to safeguard your privacy while preserving your personal information.
2.1. PRIVACY STATEMENT

BIZAY is a registered trademark under which the commercial company Binary Subject, S.A. operates, with headquarters at Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-628, Torres Vedras.

For BIZAY the privacy of your data is important. We therefore appreciate the trust you have placed in us. Accordingly, BIZAY has implemented various physical, electronic and procedural measures to safeguard your privacy, while also preserving your personal information, and we also guarantee that your data will be processed in accordance with its purposes and the rights established by law, guided by existing legal principles in the area of privacy and protection of personal data, in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation ('GDPR') - and other applicable privacy and data protection legislation, including national legislation supplementing the GDPR. This is why we have created this privacy policy to ensure that you know what information we collect and how we use it. This privacy policy developed applies to all our customers and visitors to our website, both current and past. Thus, when you visit and/or use our website, you should read and accept the terms of our Privacy Policy, committing to be bound by it and by everything set out below.

In this privacy policy are explained the conditions under which is treated all personal information that you provide us when you visit and / or use our website. Any and all personal information that we may request from you as a visitor and/or User of our website will be treated in accordance with BIZAY's privacy policy and will not be shared with third parties, except in cases stipulated in this same privacy policy.

By using our website, the User consents to the collection, storage, disclosure and use of their data in accordance with the provisions of this privacy policy, and accepts the terms and conditions thereof.

This privacy policy does not apply to your personal information when it becomes visible to third parties due to the provision of personal information that is disclosed when using certain features provided by our website, such as posting a comment or message on the website. Thus, if the User's comment or message contains personal data and is published by the User on a page accessible to the public, the data may be noted by third parties and, as a consequence, the User may receive unsolicited messages from them. The contents or data that the User uploads to our website that are visible to third parties are not considered personally identifiable data subject to this privacy policy and are subject to the privacy policies of third parties. The User should always act with caution when publishing this data.

BIZAY is reserved the right to review and modify this privacy policy occasionally with a view to improvement by publishing the revised version on its website. We also encourage you to check and review this privacy policy from time to time so that you are aware of the changes that have been made.

BIZAY informs you that by accepting this privacy policy, you also accept the privacy policy of other countries in which BIZAY operates within the European Economic Area.

You should also be aware that the content of the privacy policy of all the websites of the countries within the European Economic Area, including the present ones, coincides completely, being distinct only in the language in which they are presented. Nevertheless, in case of divergence between the privacy policy of the different countries in which it operates, BIZAY informs that the Portuguese version should prevail.

2.2. DATA CONTROLLER

Binary Subject, S.A., registered at the Commercial Registry Office with the unique registration and legal person number 509,980,422, is the entity responsible for processing the personal data of its customers and/or potential customers. For questions regarding the processing of your personal data, you should contact us by the following means: Address: Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-046 Torres Vedras Phone : [●] Email : [email protected]

2.3. PERSONAL DATA, PERSONAL DATA SUBJECTS AND CATEGORIES OF PERSONAL DATA
2.3.1. What is personal data?

Under the terms of the RGPD, Personal Data is any information, of any nature and in any medium, relating to an identified or identifiable natural person. A person shall be deemed identifiable where he or she can be identified directly or indirectly, for example by means of his or her name, identification number, location details, electronic identifier or other elements enabling that natural person to be identified.

2.3.2. Who are the data subjects?

This Privacy Policy applies to personal data that we receive as part of our business relationship with customers, prospective customers or suppliers, as part of our compliance with applicable legal obligations, as well as to personal data of users of our site.

2.3.3. How do we collect and what categories of personal data do we process?

In this section of the privacy policy, BIZAY intends to describe the categories of information collected by you.

Information automatically collected by BIZAY:
Whenever you visit our website, we automatically collect information regarding your transactions and your use of the same website.

If you are a BIZAY registered customer or if you use the product editor, the data that is collected automatically will be attached to your personal information.

The objective of this information collection is to carry out internal research carried out by BIZAY in order to know the interests and preferences of its Users, in order to better understand their needs and priorities and, in this way, improve the services provided. BIZAY may also use this information to communicate platform news, promotions, discounts and other information that is considered of interest to the user.

Automatically collected information:
You may provide us with certain personally identifiable information when:

  • Register for a BIZAY account;
  • Use the product editor;
  • Order products or gift certificates;
  • Request customer support services or send us any other communication;
  • Participate in raffles or contests;
  • You sign up to receive special offers, or you receive them;
  • Sign up to receive newsletters, email alerts and special offers;
  • Responds to inquiries;
  • Fill out the BIZAY representative agreement;
  • Fill in our new customer brochures;
  • Other situations where Users freely and spontaneously provide their personal data to BIZAY;

All the data that is necessary for the formalization, execution and management of the contracted services may be collected, including, but not limited to:

  • Contact information: name; address; email; telephone/mobile; billing address; shipping address;
  • Personal information: citizen card/identity card number; taxpayer number; bank account details; marital status; profession; employment entity;
  • Identification data: customer number; contract number;
  • Customer history: customer satisfaction ratio; services rendered; local(s) services rendered; purchasing and payment history;
  • Other: details about devices; IP addresses;
  • Please note that you may also provide us with this information about other people, including their email addresses and phone numbers, if you email a product to a friend, forward a friend to the website or to our promotions, or purchase products by entering a friend's information.

Cookies:
Our website uses cookies and other cookie-like files to improve the quality of the website and the services provided to you. The cookies used by BIZAY, on all its websites, do not collect personal information that allows the user to be identified, keeping only generic information, namely, the form and/or place of access of the user and the way in which the websites are used. Cookies only retain information related to User preferences. The cookies used by our website are described below:

  1. Permanent cookies: These are cookies that are stored in the browser of your electronic access devices (PC, mobile and tablet) and that are used whenever you visit the BIZAY website again. They are generally used to target navigation to the user's interests, allowing us to provide a more personalized service;
  2. Session cookies: These are temporary cookies that remain in the browser's cookie file until you leave the website, so there is no registration on the user's hard drive. The information collected by these cookies serves to analyze site traffic patterns, allowing us to identify problems and provide a better browsing experience;
  3. Analysis cookies: These are cookies that do not collect or store personal information about you (e.g. name or address) and therefore cannot be used to identify you. On the contrary, they consist of cookies that make it possible to quantify the number of users and carry out the measurement and statistical analysis of how the users use the service offered. They thus allow BIZAY to analyse the navigation on its website, with the aim of improving the supply of products or services that we offer you.

For more information about the cookies used by BIZAY, we advise you to read our Cookie Policy.

2.3.4. How do we use your data?

By registering as a User, the User authorizes BIZAY to use the personally identifiable information provided to:

  • Offer the features and functionality of the website;
  • Satisfy the requests for products and services made by the User;
  • Pay for income obtained with BIZAY (commissioning model);
  • Communicate with the User about the status of their orders and other requests for information related to our products and services;
  • Send the User information about our products and services;
  • BIZAY's internal business purposes, such as data analysis, auditing, etc;
  • Help BIZAY to create more relevant content for the User;
  • Inform the User about the results of sweepstakes, contests and other promotions;

BIZAY uses the email address provided by You to communicate with You about Your account and to send certain warning messages, as well as to send marketing messages and notifications from time to time. You can unsubscribe from the communications in your account by clicking on the unsubscribe link included in the footer of all BIZAY emails.

By unsubscribing from BIZAY's communications, You will no longer receive all of our information about our products and services, the results of our sweepstakes, contests and promotions but, temporarily, You may continue to receive emails regarding Your customer account with BIZAY. This feature is being reviewed and soon, as soon as you unsubscribe you will no longer receive any communication from BIZAY.

BIZAY users can refer friends/family to receive communications from BIZAY. BIZAY reserves the right to use the referenced data provided by the referrer for marketing purposes, unless otherwise authorized.

We will use non-personally identifiable information to monitor the use and performance of the website in order to learn more about how people use the website and thereby improve our products and services and significantly improve the user experience on our website.

2.4. THE BASIS AND DURATION OF THE PROCESSING OF PERSONAL DATA
2.4.1. On what basis can BIZAY treat your personal data?

In general, the personal data collected is intended for the management of the contractual relationship, the provision of the contracted services, the adequacy of our services to your needs and interests, and so that we can inform you about our events and our services/products.

Under the terms of the GDPR, the processing of personal data must have a legal basis that legitimises such processing, which may be, among others:

  • Consent: when you have your express consent - in writing, orally or through the validation of an option - and prior consent and if that consent is free, informed, specific and unambiguous. Examples are your consent to send direct marketing messages; profiling; call recording;
  • Contract performance and pre-contractual due diligence: where the processing of personal data is necessary for the conclusion, performance and management of the contract concluded with BIZAY, such as for the use of the website, requests for information, preparation of service proposals, provision of services, contact/replaints management, invoicing/ collection/payments;
  • Compliance with legal obligations: where the processing of personal data is necessary to comply with a legal obligation to which the BIZAY is subject, such as the communication of data to law enforcement, judicial, fiscal or regulatory bodies;
  • Legitimate interest: where the processing of personal data corresponds to a legitimate interest of the BIZAY or of third parties, such as improvement of quality of service, detection of fraud, where the reasons for its use must prevail over the rights of the data subject.
2.4.2. How long do we store your personal data?

We process and store your personal data to the extent necessary for the fulfilment of our contractual and legal obligations. There are cases in which the law requires the processing and conservation of data for a minimum period of time, namely for 10 years in the case of data required for information to the Tax Authority, for accounting, tax or commercial bookkeeping purposes. In other cases, we keep your data only for as long as necessary for the purpose for which they were collected or, if any, for as long as authorised by the National Data Protection Commission (CNPD). Once the maximum retention period has been reached, your personal data will be irreversibly anonymised (anonymised data may be retained) or destroyed in a secure manner.

However, where there is no specific legal obligation, then the data will be processed only for the period necessary to fulfil the purposes for which they were collected and preserved and always in accordance with the law, guidelines and decisions of the CNPD. In the context of call recording and in accordance with the regulatory authorisation, BIZAY will retain the recordings for proof of the commercial transaction and communications in the context of the contractual relationship for the period of validity of the contract agreed between the parties plus the period of prescription and expiry which is 6 months.

BIZAY may also record and retain calls for the purpose of monitoring quality of service and on the basis of the consent of the Customer, but for this purpose calls will only be retained for a maximum period of 30 days.

With regard to video surveillance of its premises, BIZAY will only keep image recordings and related personal data for a maximum period of 30 days.

BIZAY may keep other personal data for longer than the duration of the contractual relationship, either on the basis of your consent, or to ensure rights or duties related to the contract, or because you have legitimate interests on which to base it, but always for the period strictly necessary to achieve the respective purposes and in accordance with the guidelines and decisions of the CNPD.

2.5. SHARING OF PERSONAL DATA
2.5.1. With whom do we share your personal information?

As a rule, BIZAY does not share personal data about you with other persons or non-affiliated companies without your consent. However, BIZAY provides data to its agents and its service providers and other trusted service providers for limited purposes, such as:

  • The fulfillment of customer orders and the processing of credit card transactions;
  • The offer of certain products and services;
  • The provision of customer support services;
  • The management of information on our behalf;
  • The improvement of the characteristics and functionalities of the website.

In such cases, we require that these persons undertake to use the data solely for the purposes for which we provide it and in accordance with our privacy policy. Partners are legally and contractually bound to respect BIZAY's privacy policy.

By registering on the Website, by registering for a promotion (e.g. a sweepstakes or contest) or a service that we provide together with a third party, You agree that we may provide data (such as Your name, email address and account activity) to such third parties, provided that it is duly authorised by You.

BIZAY provides its vendors with the first name and city/district/country of residence of BIZAY customers who have purchased BIZAY products from that vendor. BIZAY may also disclose customer data (including the User's name, addresses, telephone number and account activity) whenever, in its sole discretion, it determines that such disclosure is necessary or appropriate for:

  • Comply with the law;
  • Comply with subpoenas, warrants, court orders, government inquiries or other judicial acts;
  • Enforce or enforce the terms of any of our User or license agreements;
  • Investigate or respond to allegations of fraud, intellectual property infringement or other illegal activities;
  • Conduct investigations in cases of fraud or similar allegations;
  • Protect the rights, property or safety of BIZAY and our Users, or third parties;
  • Protect BIZAY operations;
  • Allow BIZAY to trigger the available remedies or limit the damage it may incur;

You can access third party websites directly from our website. However, this privacy policy does not apply when the User accesses third party websites. BIZAY cannot control how third parties use the personal data that you disclose to them, so you should carefully read the privacy policy of the third party website you visit before using it or disclosing your personal data to your service provider.

Within BIZAY, employees who need their data to comply with contractual/pre-contractual and legal obligations have access to your data.

BIZAY may also process data outside Portugal and the European Economic Area (EEA), where data protection laws may offer less protection than in Portugal and the EEA. However, you will use the security mechanisms described below.

2.6. SAFETY

Every time you open an account on the BIZAY website, you are asked to choose a password to ensure the protection of your data as well as to enter an email address.

The User is responsible for preserving the confidentiality of his/her password and User account, and is also responsible for all acts performed through the use of his/her password or User account. The User may change his/her password as many times as he/she wishes by following the instructions presented for that purpose in his/her personal area.

The User undertakes to:

  1. Immediately notify BIZAY of any unauthorized use of the User account, or any other breach of security;
  2. Ensure the exit of your User account at the end of each session.

BIZAY shall not be liable for any loss or damage arising from the User's failure to comply with this clause.

2.6.1. How do we keep your personal data secure?

When you order or access your account information, we use commercially appropriate and generally accepted technical and organisational security measures to protect all the information we collect about you.

In addition and as mentioned above, the data in the User's BIZAY account is protected by a password in order to ensure the privacy and security of the User. The User must always take measures to protect the confidentiality of the password he chooses in order to prevent unauthorised access to his password and to his computer.

The User may choose not to provide BIZAY with certain information, but this may result in the impossibility of using certain features of our website, as such information may be necessary for the User:

  1. Register as a member;
  2. Participate in a contest, promotion, survey or raffle;
  3. Ask a question;
  4. Or start other transactions on our website.

In addition, BIZAY prevents unauthorized access or disclosure by using a variety of security measures, including encryption and authentication tools, to help protect and maintain the security, integrity and availability of your personal data. We highlight the following measures:

  1. Physical security measures:
    1. Facility Security: Entry to facilities (including subcontractors) is restricted to workers, and, in exceptional cases, to individuals who are duly authorised by BIZAY.
    2. Video surveillance cameras, to ensure the physical safety of workers and documents;
    3. There is a data protection policy, enshrined in the BIZAY Code of Conduct, which applies to all its employees.
  2. Logical safety measures:
    1. The access to computer systems is protected by login and password, with different security levels and that has to be periodically changed;
    2. BIZAY's entire computer network is protected by antivirus, firewalls and monitoring of installed software;
    3. Use of SSL in the domain;
    4. Use of encryption technology in the collection or transfer of confidential data.
2.7. RIGHTS OF DATA SUBJECTS

BIZAY, in compliance with the provisions of the RGPD, guarantees personal data subjects the following rights:

  1. Right of Access: right to obtain information about which of your personal data are processed, what are the purposes of the processing, what are the storage periods, among others.
  2. Right of Rectification: right to request the rectification of your personal data that are inaccurate or to request the completion of incomplete personal data, such as address, NIF, email, telephone contacts, or others.
  3. Right to Forget: the right to obtain the forgetfulness of your personal data, as long as there are no valid grounds for retaining it, such as cases where BIZAY is obliged to retain the data in order to comply with a legal obligation or because legal proceedings are in progress.
  4. Right to Portability: right to receive the data you have provided us with in digital format of current use and automatic reading.
  5. Right to Limitation: right to request the limitation of the processing of your personal data in the form of: (i) suspension of processing or (ii) limitation of the scope of processing to certain categories of data or purposes of processing.
  6. Right to withdraw consent or right of opposition: right to object or withdraw consent at any time to processing of data based solely on such consent, e.g. in the case of data processing for marketing purposes, provided that there are no legitimate interests which prevail over their interests, rights and freedoms, e.g. defence of a right in legal proceedings.
  7. Right to complain: right to lodge a complaint with the national supervisory authority, the CNPD.

If you have any questions relating to this Privacy Policy, as well as about the exercise of the aforementioned rights (for example, about the type of data that is stored, or if you wish to obtain a copy, request the deletion or modification of such data), you should contact us at the email address [email protected] .

After we receive documents proving the identity of the User, we will provide you with the data, and the User may request the deletion, rectification or alteration of all or any data.

Unless otherwise stated, BIZAY's current privacy policy applies to all information BIZAY holds about you and your account.

III. BIZAY Warranties
3.1 Termination of the BIZAY contract

The User agrees that BIZAY may, at its sole discretion, terminate this Agreement, including, without limitation, the cancellation of his/her password, account (or any part thereof) or use of the Website, and remove and delete any content with which the User has contributed to the Website, at any time, with or without justification.

BIZAY may also, in its sole discretion and at any time, fail to make the website, or any part thereof, available with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be made without notice, and acknowledge and agree that BIZAY may, with immediate effect, disable or delete your account and all files and related information in your account and/or prevent any further access to such files from the Website.

In addition, the User agrees that BIZAY will not be responsible to the User or third parties for any cancellation of the User's access to the website. If the User objects to any of the terms and conditions of the contract, or is dissatisfied in any way with the website, the only way to appeal is to immediately stop using the website and/or cancel his/her account. For this purpose the user must send an email with such a request to the email address [email protected].

Termination of this contract shall not affect the respective rights and obligations of the parties (including, without limitation, payment obligations) arising before the date of termination.

3.2 Compensation

You agree to defend, indemnify and hold BIZAY harmless from and against all judgments, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' and experts' fees and litigation expenses arising out of or on the basis of:

  • The content that the User submits, publishes or transmits through the website;
  • The use of the website by the User;
  • The User's connection to the website;
  • Violation of the contract by the User;
  • Violation of third party rights by the User.
3.3 Warranty disclaimer

The risk of the use of this website by the User is at the sole risk of the User. This website and the information, services, products, programs and materials available through it are provided as is and in accordance with availability.

The website and all its contents are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability and fitness for a particular use or any violation of rights. This includes:

All warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights, without limitation;

BIZAY does not issue any warranty:

  • That the website or its content will meet the needs of the User;
  • that the website or service will be continuous, timely, secure or error-free;
  • That the quality of products, services, information, or other materials purchased or obtained by the User through the website will meet the expectations of the User,
  • That defects, if any, will be corrected;
  • Regarding the unauthorized access or use of our secure servers and/or the personal and/or financial information stored on them;
  • Any bugs, viruses or the like that may be transmitted to or through our services by any third party;
  • It is possible that references and links to products or services of independent companies may appear on the website. These references and links are provided without warranty of any kind, either express or implied.

The User agrees that BIZAY shall have no liability for any damages incurred by the User in relation to the website or any content of the website. The User expressly agrees that the risk of using this website, including all content, data or software distributed by the website or downloaded or accessed from it, or through it, is at the sole risk of the User. The User understands and agrees that he/she will assume full responsibility for any damage caused.

3.4 Limitation of liability

Neither BIZAY nor its officers, employees, directors, agents, suppliers, or any other party involved in the creation, production, transmission or distribution of BIZAY services or related services shall in any circumstances, including, without limitation, in the case of own negligence, be liable for any loss or damages of a direct or indirect nature, including, without limitation, damages for lost profits, goodwill, use, data or other intangible losses (even if BIZAY has been advised of the possibility of such damages obligations), as a result:

  • The use or impossibility of using the website;
  • The cost of purchasing goods and services to replace any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the website;
  • Unauthorised access to, or alteration of, User transmissions or data;
  • The statements or conduct of third parties on the website or,
  • Any other question related to the website.

The User expressly acknowledges that BIZAY shall not be liable for any defamatory, offensive or illegal content or conduct of any third party, and that the risk of injury or damage as a result thereof is solely for the account of the User.

3.5 Satisfaction guarantee

BIZAY gives you the assurance that its products and services are of quality. If you are not 100% satisfied with your purchase, you only have to contact BIZAY and follow our returns policy.

BIZAY takes its commitment to customer satisfaction very seriously. However, there are certain situations which are beyond our reach and which are therefore not covered by this guarantee. Please note that we cannot be held responsible for..:

  • Client spelling, punctuation or grammar errors;
  • Poor quality or low resolution of loaded images;
  • Design errors made by the customer during the product creation process;
  • Incorrect choice of options, such as: finish, quantity or type of product;
  • Defects in the products, discovered after they have been delivered to the customer;
  • Incorrect address indication by the customer.

We recommend that you thoroughly review your drawings and correct possible errors before placing your order. In order to be able to continue to have reduced prices and to provide its customers with these great offers and discounts, BIZAY does not provide proof of documents created by its customers after orders have been processed.

The return of money to the customer requires the return of the entire product by the customer. After the correct receipt, BIZAY's financial department will return the amount paid.

3.6. Promotional campaigns

It is not possible to accumulate several promotional campaigns. For this reason, when there are several promotional campaigns in place, the highest discount is automatically awarded.

Abusive use of the website intended to obtain undue financial advantages (promotions, discounts or others) by the User constitutes a crime of fraud, legitimizing BIZAY to cancel the User's account, cancel any economic or other gains to which the User illegitimately gained access, prosecute or civilly claim the User and demand compensation for property and moral damages.

The promotional offers or campaigns disclosed are valid only for the moment they are displayed on the site, BIZAY reserves the right to cancel actions or promotional campaigns or to suspend them for as long as it deems necessary, without need of prior notice to the Customer .

3.6.1 Port Supply Campaign

The Shipping Offer campaign consists of the return of the value of the shipment of the order. To do this, a credit will be made to the BIZAY client account.

The campaign is valid on any delivery option, but the value returned to the customer account is always the value corresponding to the most economical shipping option.

The value of the shipment will be automatically returned to the BIZAY client account, when the payment is validated. The amount returned can be consulted in the area "My Account" > "Everyone wins" and can be used in the following 89 days. To do so, just click on "Use Balance" in step 3 of the shopping cart, before finalizing your order. If the customer does not use the credit within the period indicated, it will be considered expired and the amount cannot be recovered.

The campaign will be available again in any purchase 90 days after the credit is made available in BIZAY customer account. The discount will be displayed again in the shopping cart, as explained above.

This campaign may or may not be cumulative with other campaigns. If the campaign is cumulative, it shall cover only the net value actually paid by the customer.

BIZAY reserves the right to change the conditions of this campaign at any time and without prior notice.

3.6.2 Discount for new customers

All new customers benefit from a promotional discount of €5.00 applicable to the purchase of a product with a price equal or superior to €12.50. It is not possible to accumulate several promotional campaigns. For this reason, when there are other promotional campaigns in place, the highest discount is automatically awarded.

3.6.3 All Win Campaign

The Everyone Wins Campaign consists of assigning a value of €3.00 to a customer account for customers who register on the website through a link in the Everyone Wins campaign shared by an already registered customer. When a customer, who has registered under the conditions described above, makes his first purchase, €5.00 is credited to the customer account of the customer who initially shared the link for registration. By accumulating an amount equal to or greater than €100.00 in a customer account through this campaign, the customer has the possibility of refunding the accumulated amount. The amount will be made available through a prepaid card upon customer request. The card will be sent to the Customer's address, being necessary the sending by the Customer of all the identification elements requested by BIZAY at the time of the refund request.

3.6.4 Other campaigns

This information is not exhaustive and may be occasionally overlaid by other campaigns in force.

IV. Conditions of sale - Shipping and Returns Policy
4.1 Cancellation of the order

When a purchase process is completed, the products cannot be modified or the order cancelled. In order to ensure delivery within short deadlines, orders are processed immediately, preventing any changes. Since this is a 100% customized product for the client, no cancellation of the order is allowed.

However, BIZAY reserves the right to cancel a free or promotional product order in the event that there is any false or dubious identification element (name, email address, billing address, shipping address, contact, User's credit card number).

4.2 Returns

BIZAY undertakes to fully reproduce the order as previewed in the publisher, safeguarding itself from minor variations in colour characteristic of offset printing, spelling mistakes, content errors or any other errors for which the customer is responsible.

BIZAY strives to ensure 100% satisfaction. However, in situations where the order is not in accordance with the order placed by the customer (only in cases of damage or defect of the order), BIZAY undertakes to reprint the product in a short time (at no cost to the customer) or return the amount paid by the customer for the order, in which case the customer should send an email with the order to [email protected], within fourteen (14) days after receiving the product. In this case, a digital image of the product shall be attached to the investigation. Thus, the exchange or refund of the order can be made as soon as we receive your contact. BIZAY ensures that the amount in question (total amount spent on the product including shipping costs) will be refunded within 30 days of your contact.

4.3 Prices

The prices of the products are described on the website and are in Euros. Prices and products may change at the discretion of BIZAY. BIZAY may occasionally offer promotional discounts. The User must accept the conditions of the promotion in order to benefit from the discount. The User undertakes not to use more than one discount per item, unless such use is expressly permitted by BIZAY.

4.4 Dispatch

The ownership and risk of loss of all products ordered by the User are transferred to the Carrier with the shipment and are transferred to the User when he signs the proof that the products ordered have been received. Purchases are subject to BIZAY's shipping and return policy. BIZAY reserves the right to cancel the order of any product for any reason, including orders that may infringe the intellectual property rights of third parties, by notifying the Buyer of the cancellation of the order.

BIZAY offers three production schedules, according to the urgency of each order:

  • Up to 6 business days (base price);
  • 48 business hours (+ 3% of the price of the product, minimum of €1.99);
  • 0 business hours (+ 15% of the price of the product, minimum of €4.99);

We recommend that you use, whenever possible, the Normal delivery time. If we can anticipate the production of your order, your order will be delivered to you before the set deadline.

4.5 Shipping costs

The cost of shipping your order varies depending on the weight of the order and the degree of urgency of production, taking into account the postal code of delivery. To calculate the shipping costs and delivery time, add your products to the cart, go to the next page and enter your zip code.

Please note that the delivery time is counted from 2pm of each working day (closing time for production planning).

4.6 Payment

Payments can be made by Credit Card. Payment will be transferred on the date of the order. The final price of any product will be the price shown on the date and time of the order. The User ensures that all details provided at the time of ordering are correct and valid. The User ensures that the credit/debit card has sufficient funds to cover the costs of the order. BIZAY reserves the right to obtain validation from the User's credit/debit card before processing any order. The contract is only complete when the amounts are received and confirmed by BIZAY. BIZAY reserves the right to deny any order placed by the User.

BIZAY ensures that the entire payment process is done with complete security.

4.7 Referral of Order

If BIZAY sends a new order, due to your defective product, you will have to return the damaged product within 30 days. BIZAY reserves the right to charge for the new order if the damaged order is not returned within 30 days.

4.8 Correction of errors and inaccuracies

The information and product lists on this website may contain typographical errors or be inaccurate, and may not be complete or current. BIZAY therefore reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without notice (including after the User has placed his/her order). Please note that such errors, inaccuracies or omissions may relate to the description, pricing and/or availability of products. BIZAY also reserves the right to limit or restrict the quantities of products (even after the User has submitted his/her order) for any reason, including, without limitation, if the product breaches any terms of this Agreement.

If a product is offered for sale at an incorrect price or with incorrect information due to a typographical error, an error in prices or product information that BIZAY receives from the Partners, BIZAY reserves the right to refuse or cancel orders for catalogued products at the incorrect price.

BIZAY has the right to refuse or cancel such orders regardless of whether they have already been confirmed and the sale has been charged to the Customer. If the purchase has already been charged and the order is cancelled, BIZAY will immediately issue a credit to the Customer's credit card account or refund the amount in the same way as the purchase was made. If BIZAY has overcharged for any product, it will reimburse You for the difference between the amount that has been charged and the correct price of the product in question.

4.9 Invoicing

The invoice is sent to the customer through his email account once the payment is made and confirmed.

The invoice will also be available for download through the BIZAY customer account on the website www.bizay.ie.

V. Law in force

The seller of the products and services offered and sold on this site is Binary Subject, S.A., a company duly established under the laws currently in force in Portugal, whose registered office is at Hipólito Center Park, Fração F, 2.º A, Bairro Arenes, 2560-628, Torres Vedras.

All issues relating to the protection, infringement or illegal use of copyrighted materials shall be dealt with and resolved on the basis of the copyright protection laws of Portugal. All other issues related to your access or use of this website should be dealt with and resolved based on the laws of Portugal. Any action or legal proceeding relating to or resulting from your access to or use of this site shall be taken in Portugal. As a User of the site, you agree to submit to the jurisdiction of the courts of Portugal; and you agree that jurisdiction is appropriate in such action or legal proceeding. You further agree not to claim, in any action or legal proceeding involving BIZAY, that a court in Portugal may be an inappropriate forum for carrying out such action or legal proceeding.

5.1 Alternative Dispute Resolution
In the event of a consumer dispute as established in Law no. 144/2015, of 8 September, the consumer may resort to the European Platform for Online Dispute Resolution (available at http://ec.europa.eu/consumers/odr) or to the following alternative consumer dispute resolution entities
  1. CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.arbitragemdeconsumo.org);
  2. CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (www.consumidoronline.pt/);
  3. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (www.centrodearbitragemdecoimbra.com);
  4. Centro de Arbitragem de Conflitos de Consumo de Lisboa (www.centroarbitragemlisboa.pt);
  5. Oporto Consumer Information and Arbitration Centre (www.cicap.pt);
  6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (www.triave.pt);
  7. Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) (www.ciab.pt);
  8. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx).
  9. For more information, see the Consumer Portal at www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx.