PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN A USER AND OFIXU LTD AND CONTAINS IMPORTANT INFORMATION REGARDING THE USER’S LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Table of Contents
- General Terms
- Host Responsibilities
- Guest Responsibilities
- Ofixu’s Role
- Indemnification
- No Responsibility for Claims
- Recommendations for Third-Party Insurance
- Definitions
- Creating an Account
- Opt-In and Consent
- Data Protection and Privacy
- Links to Other Websites
- Social Media Features
- Termination
- Governing Law
- Changes
- Privacy Policy
- Security Measures
- Use of Cookies
- Contact Information
- Searching and Booking on Ofixu
- Cancellations, Reservation Issues, Refunds, and Booking Modifications
- Reviews
- Content
- Fees
- Platform Rules
- Content Notifications and Moderation
- Complaint Handling System
- Modification of Terms
- Resolving Complaints and Damage Claims
- Additional Terms for Business Hosts
- Applicable Law and Jurisdiction
- Miscellaneous
1. General Terms
1.1 Introduction
- Ofixu.com facilitates the introduction of hosts offering workspace services to guests.
- This agreement outlines the terms and conditions under which users can access and use the platform.
1.2 Licence Agreements
- All agreements between hosts and guests are to be formed as licence agreements.
- A licence agreement provides a subscription to use the workspace rather than a rental of the space itself.
1.3 Role of Ofixu
- Ofixu does not arrange, advise, or involve itself in leasehold properties.
- Ofixu acts solely as an information provider and an introducer.
1.4 Legal Capacity
- Users must have the legal capacity to enter into binding agreements in their respective jurisdictions.
2. Host Responsibilities
2.1 Third-Party Indemnification
- Hosts are responsible for seeking third-party indemnification for guests using their spaces.
- This includes obtaining appropriate insurance coverage such as employer’s liability, public liability, and health and safety cover through reputable organisations.
2.2 Compliance with Laws
- Hosts must ensure that their licence agreements with guests comply with applicable laws.
- Hosts are responsible for meeting all safety and legal standards required for their workspaces.
2.3 Insurance Coverage
- Hosts must verify and maintain adequate insurance coverage for their workspaces.
- Hosts should carefully review policy terms and conditions, including coverage details and exclusions.
2.4 Workspace Conditions
- Hosts are responsible for maintaining the workspace in a safe and usable condition.
- Any changes or modifications to the workspace should be communicated to guests in advance.
2.5 Payment and Fees
- Hosts are responsible for setting the price and terms for their workspaces.
- Hosts must clearly outline any additional charges such as cleaning fees, security deposits, or other fees.
3. Guest Responsibilities
3.1 Compliance with Licence Agreements
- Guests must ensure that their use of the workspace complies with the terms of the licence agreement.
- Guests should review and understand the terms of the licence agreement before booking.
3.2 Verification of Insurance
- Guests should verify that the host has appropriate insurance coverage for the workspace.
- It is the guest’s responsibility to ensure that the workspace meets their safety and legal requirements.
3.3 Use of Workspace
- Guests must use the workspace in a manner consistent with its intended purpose.
- Guests are responsible for any damage or misuse of the workspace during their rental period.
3.4 Conduct and Behavior
- Guests must conduct themselves in a professional and respectful manner while using the workspace.
- Any disruptive or illegal activities are strictly prohibited.
3.5 Payment Obligations
- Guests are responsible for paying all agreed-upon fees and charges related to their use of the workspace.
- Failure to make timely payments may result in cancellation of the booking and forfeiture of any deposits.
4. Ofixu’s Role
4.1 Information Provider
- Ofixu acts solely as an introducer and information provider.
- Ofixu does not manage, control, or oversee the actual spaces offered by hosts.
4.2 No Property Management
- Ofixu does not provide property management services or advice on commercial property.
- Hosts and guests must independently verify the suitability of the workspace for their needs.
4.3 Liability Limitations
- Ofixu bears no responsibility for the terms of the licence agreements formed between hosts and guests.
- Ofixu is not liable for any disputes or claims arising from the use of the workspaces.
4.4 User Verification
- Ofixu does not conduct background checks or verify the identity of users.
- Users are responsible for conducting their own due diligence before entering into agreements.
4.5 Dispute Resolution
- Ofixu may provide assistance in resolving disputes between hosts and guests, but is not obligated to do so.
- Users are encouraged to resolve disputes amicably and in accordance with the terms of their licence agreements.
5. Indemnification
5.1 Indemnification Obligation
- To the maximum extent permitted by applicable law, users agree to release, defend (at Ofixu’s option), indemnify, and hold Ofixu and its affiliates and personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees.
5.2 Scope of Indemnification
- The indemnification obligation applies to claims arising out of or in any way connected with:
- User’s breach of these Terms or any additional terms.
- Improper use of the Ofixu Platform.
- Interaction with any member, stay at a workspace, or use of any Host Service.
- Failure to accurately report, collect, or remit taxes.
- Breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.
5.3 Culpable Breach
- The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by the user’s culpable breach of a contractual obligation.
5.4 Notification of Claims
- Users must promptly notify Ofixu of any claims or legal proceedings related to the indemnification obligation.
- Ofixu reserves the right to assume control of the defense of any claim, and users agree to cooperate fully with such defense.
6. No Responsibility for Claims
6.1 Host-Guest Claims
- Ofixu bears no responsibility for any claims made by hosts against guests, guests against hosts, or any visitors or third parties.
6.2 Outcome and Expenses
- Ofixu is not liable for any outcomes or expenses resulting from such claims.
- Users are encouraged to seek independent legal advice and insurance coverage to protect against potential claims.
6.3 Third-Party Insurance
- It is strongly recommended that all parties involved use a third-party insurance provider to cover potential liabilities.
- Users should choose reputable insurance providers to ensure adequate coverage.
7. Recommendations for Third-Party Insurance
7.1 Insurance Coverage
- To ensure coverage for employer’s liability, public liability, and health and safety, hosts and guests should use reputable third-party insurance providers such as Citation or any other authorised and legally qualified insurance provider.
7.2 Verification of Coverage
- Hosts and guests should verify the terms and conditions of their insurance policies to ensure adequate coverage.
- Users should review policy exclusions and coverage limits to avoid potential gaps in protection.
7.3 Insurance Provider Recommendations
- Ofixu may recommend certain insurance providers, but does not endorse or guarantee the services of any specific provider.
- Users are responsible for independently evaluating and selecting their insurance providers.
8. Definitions
8.1 Content
- All data, information, or any other content, including text, graphics, images, music, sound, photographs, illustrations, logos, messages, audio, and video.
8.2 Intellectual Property Rights
- All trademark, trade dress, copyright, patent, moral rights, goodwill, trade secret rights, and any other intellectual property rights.
8.3 Host
- A user who creates a listing via the Platform and/or leases or rents a property to a tenant.
8.4 Listing(s)
- Property content uploaded to the Platform regarding a workspace offered by a host for licensing through the Platform.
8.5 Ofixu Content
- All Content available through the Platform, including any licensed Content from a third party, excluding the user’s Content.
8.6 Platform
- The online listing system provided by Ofixu.
8.7 Platform Fee(s)
- The fee charged by Ofixu to the host for making a successful booking. This is charged only when the tenant pays the rental or licence fee. The current Platform Fee is ten percent (10%) of the rental fee, subject to the fee package agreed between Ofixu and the host.
8.8 Rental
- The permission and privilege granted by a host to a tenant to use the host’s personal property in accordance with this Agreement and the terms of any agreement between the host and tenant.
8.9 Service
- The assistance and advice provided by Ofixu to its users who utilise the Ofixu Platform.
8.10 Successful Booking
- A completed booking via the Ofixu Platform or directly with the host.
8.11 Tax(es)
- Any sales taxes, value-added taxes (VAT), goods and services taxes (GST), or any other similar municipal, federal, or state indirect taxes.
8.12 Tenant
- A user who browses listings, requests rental of a listing, contacts a host via the Ofixu message system, or rents the listing through the Ofixu Platform.
8.13 Term
- The rental period, commencing on the first day of the rental and continuing until the booking expires.
8.14 User Content
- All Content that any user lists, posts, uploads, publishes, emails, submits, or transmits to be made available through the Ofixu Platform.
8.15 User(s)
- Any individual or legal entity that accesses or uses the Ofixu Platform, including hosts and tenants.
8.16 Workspace(s)
- An area, office, building, meeting room, desk space available for lease or rental, including any personal property.
9. Creating an Account
9.1 Account Creation
- When creating an account, users must provide accurate, complete, and current information.
- Failure to do so constitutes a breach of the terms, which may result in immediate termination of the account.
9.2 Password Security
- Users are responsible for safeguarding their passwords and any activities associated with their accounts.
- Users must notify Ofixu immediately upon becoming aware of any breach of security or unauthorized use of their accounts.
9.3 Account Termination
- Ofixu reserves the right to terminate accounts that provide false or misleading information.
- Users may terminate their accounts at any time by following the account cancellation process outlined on the platform.
10. Opt-In and Consent
10.1 Consent for Data Processing
- By signing up to Ofixu.com in the sign-up screen and positively ticking the consent box, users agree to our terms and conditions and consent to the processing of their personal data.
- Users can withdraw consent by cancelling their account, upon which all personal information will be deleted from Ofixu’s data stores, except for evidence of consent.
10.2 Email Communications
- The sign-up process to Ofixu includes a separate consent to receive emails from Ofixu.
- Users can opt out of receiving marketing and notification emails at any time by updating their email preferences.
10.3 Data Retention
- Once an account is deleted, all personal information and data will be deleted from all Ofixu data stores.
- Ofixu retains evidence of consent for compliance purposes, including who provided the consent, when, how, and what information was given about the deletion of data.
11. Data Protection and Privacy
11.1 Data Collection and Use
- Ofixu collects and uses personal data to personalise and improve user experience, provide requested products and services, and carry out market research.
- All personal information collected will be recorded, used, and protected by Ofixu in accordance with applicable data protection legislation and our privacy policy.
11.2 User Rights
- Users have the right to access, correct, or delete their personal data at any time.
- Users can exercise these rights by contacting Ofixu’s Data Protection Officer at info@ofixu.com or via mail at 77 East Road, London N1 6AH.
11.3 Data Security
- Ofixu implements a variety of security measures to protect users’ personal information from unauthorized access, use, or disclosure.
- All sensitive information supplied by users is encrypted via Secure Socket Layer (SSL) technology.
11.4 Third-Party Data Sharing
- Ofixu does not sell, trade, or otherwise transfer users’ Personally Identifiable Information to outside parties without user consent.
- Ofixu may share information with trusted third-party service providers who assist in operating our platform, conducting our business, or serving our users, as long as those parties agree to keep this information confidential.
12. Links to Other Websites
12.1 Third-Party Links
- Our service may contain links to third-party websites or services not owned or controlled by Ofixu.
- Ofixu assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
12.2 User Responsibility
- Users are advised to read the terms and conditions and privacy policies of any third-party websites or services they visit.
- Ofixu provides these links for convenience and does not endorse the content or services provided by third-party websites.
13. Social Media Features
13.1 Integration with Social Media
- Our platform includes social media features such as the Facebook Like button, which may collect users’ IP addresses and set cookies to function properly.
- Users’ interactions with these features are governed by the privacy policy of the company providing them.
13.2 Data Collection
- Social media features may collect information about users’ activities on the platform, such as the pages visited and the duration of visits.
- This information is used to improve user experience and enhance the functionality of the platform.
14. Termination
14.1 Termination by Ofixu
- Ofixu may terminate or suspend users’ accounts or access to the service immediately, without prior notice or liability, for any reason, including breach of terms.
14.2 Termination by Users
- Users may terminate their accounts at any time by following the account cancellation process outlined on the platform.
- Upon termination, users’ right to use the service will cease, and all personal data will be deleted in accordance with our data retention policy.
14.3 Survival of Terms
- All provisions of the terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law
15.1 Jurisdiction-Specific Terms
- These terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
- Disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in England and Wales.
15.2 Applicable Law
- Users from different jurisdictions may have additional rights under their local laws.
- Ofixu strives to comply with all applicable laws and regulations in the jurisdictions where it operates.
16. Changes
16.1 Modification of Terms
- Ofixu reserves the right to modify or replace these terms at any time.
- If a revision is material, we will provide at least 15 days’ notice prior to the new terms taking effect.
16.2 User Acceptance
- By continuing to access or use the service after those revisions become effective, users agree to be bound by the revised terms.
- If users do not agree to the new terms, they must discontinue using the service.
17. Privacy Policy
17.1 Overview
- Our privacy policy outlines how we collect, use, and protect users’ personal information.
- The policy also explains users’ rights in respect of their personal data.
17.2 Data Collection
- Ofixu collects personal data to provide and improve our services, personalise user experience, and comply with legal obligations.
17.3 User Consent
- By using our services, users consent to the collection and use of their personal data as described in our privacy policy.
18. Security Measures
18.1 Data Protection
- We implement a variety of security measures to maintain the safety of users’ personal information.
- This includes encryption, secure access controls, and regular security audits.
18.2 User Responsibilities
- Users are responsible for maintaining the confidentiality of their account information and passwords.
- Users should notify Ofixu immediately if they suspect any unauthorized access to their accounts.
19. Use of Cookies
19.1 Consent to Cookies
- By using the service, users consent to the use of cookies to remember and process items in the shopping cart, understand user preferences, and compile aggregate data about site traffic and interactions.
19.2 Types of Cookies
- Ofixu uses both session cookies (which expire once users close their web browser) and persistent cookies (which stay on users’ devices until they delete them) to provide a better user experience.
19.3 Managing Cookies
- Users can choose to disable cookies through their browser settings. However, disabling cookies may affect the functionality of the platform.
20. Contact Information
20.1 Customer Support
- For any questions regarding these terms or the privacy policy, users may contact us at:
- Email: info@ofixu.com
- Address: 77 East Road, London N1 6AH
- Phone: +442030505951
21. Searching and Booking on Ofixu
21.1 Searching for Workspaces
- Users can search for workspaces using various criteria such as location, price, availability, and workspace type.
- Search results are based on relevance to the user’s search criteria and other factors like reviews and ratings.
21.2 Booking Process
- When booking a workspace, users agree to pay all charges for the booking, including the listed price, applicable fees, and taxes.
- A contract for the workspace is formed directly between the host and the guest upon booking confirmation.
21.3 Booking Confirmation
- Users will receive a booking confirmation detailing the terms of the booking, including the cancellation policy and any other rules or requirements.
22. Cancellations, Reservation Issues, Refunds, and Booking Modifications
22.1 Cancellations and Refunds
- The amount refunded to users for cancellations is determined by the cancellation policy that applies to the reservation.
- In certain situations, other policies may take precedence and determine the amount refunded to users. If a host cancels a reservation, or if a guest experiences a reservation issue, users may be entitled to a partial or full refund under Ofixu’s Rebooking and Refund Policy.
22.2 Booking Modifications
- Hosts and guests are responsible for any booking modifications they agree to make via the Ofixu Platform or direct Ofixu customer service to make on their behalf.
- Users agree to pay any additional amounts, fees, or taxes associated with any booking modification.
22.3 Major Disruptive Events
- If something outside a user’s control requires cancellation of a reservation, users may be entitled to a partial or full refund under our Major Disruptive Events Policy.
23. Reviews
23.1 Review System
- After each booking, guests and hosts will have an opportunity to review each other.
- Reviews must be accurate and may not contain discriminatory, offensive, defamatory, or other language that violates these terms, applicable law, or our Content Policy.
23.2 Review Moderation
- Ofixu reserves the right to remove reviews that violate our terms or policies.
- Users can report inappropriate reviews to Ofixu for further investigation.
24. Content
24.1 User Content
- Parts of the Ofixu Platform enable users to provide feedback, text, photos, audio, video, information, and other content.
- By providing content, users grant Ofixu a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, and broadcast such content.
24.2 Responsibility for Content
- Users are solely responsible for all content they provide and warrant that they own or are authorized to grant Ofixu the rights described in these terms.
- Content must comply with our Content Policy and Nondiscrimination Policy.
25. Fees
25.1 Service Fees
- Ofixu may charge fees to hosts and guests for the right to use the Ofixu Platform.
- Applicable fees are disclosed to hosts before publishing a listing and to guests before making a booking.
25.2 Non-Refundable Fees
- Except as otherwise provided on the Ofixu Platform, service fees are non-refundable.
26. Platform Rules
26.1 Compliance with Rules
- Users must comply with all rules and policies applicable to their use of the Ofixu Platform.
- Violation of platform rules may result in account suspension or termination.
26.2 User Conduct
- Users must act with integrity, treat others with respect, and comply with applicable laws at all times.
- Any conduct that is disruptive, illegal, or harmful to the Ofixu community is strictly prohibited.
27. Content Notifications and Moderation
27.1 Content Reporting
- Users can report inappropriate or harmful content to Ofixu for review and action.
- Ofixu reserves the right to remove or modify content that violates our terms or policies.
27.2 Content Moderation
- Ofixu may use automated tools and human moderators to review and manage content on the platform.
- Users are responsible for ensuring that their content complies with all applicable laws and Ofixu policies.
28. Complaint Handling System
28.1 Filing Complaints
- Users can file complaints regarding their experience on the Ofixu Platform through our customer support channels.
- Complaints will be reviewed and addressed in accordance with our complaint handling procedures.
28.2 Resolution Process
- Ofixu will work to resolve complaints fairly and promptly.
- Users will be informed of the outcome of their complaints and any actions taken.
29. Modification of Terms
29.1 Changes to Terms
- Ofixu reserves the right to modify these terms at any time.
- Users will be notified of material changes at least 15 days before they take effect.
29.2 User Agreement
- By continuing to use the Ofixu Platform after changes become effective, users agree to be bound by the revised terms.
- If users do not agree to the new terms, they must discontinue using the Ofixu Platform.
30. Resolving Complaints and Damage Claims
30.1 Complaint Resolution
- Ofixu encourages users to resolve complaints amicably and in accordance with the terms of their agreements.
- Ofixu may provide assistance in resolving disputes but is not obligated to do so.
30.2 Damage Claims
- Hosts and guests are responsible for any damage claims arising from their use of the workspace.
- Users should report damage claims promptly and provide evidence to support their claims.
31. Additional Terms for Business Hosts
31.1 Business Host Requirements
- Business hosts must comply with all applicable laws and regulations related to their listings and services.
- Business hosts are responsible for obtaining any necessary licenses or permits.
31.2 Data Protection
- Business hosts must handle and use personal data of guests and others in compliance with applicable privacy laws and these terms.
- Business hosts must implement appropriate security measures to protect personal data.
32. Applicable Law and Jurisdiction
32.1 Governing Law
- These terms shall be governed by and construed in accordance with the laws of England and Wales.
- Disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in England and Wales.
32.2 Jurisdiction-Specific Terms
- Users from different jurisdictions may have additional rights under their local laws.
- Ofixu strives to comply with all applicable laws and regulations in the jurisdictions where it operates.
33. Miscellaneous
33.1 Severability
- If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
- The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
33.2 Waiver
- Ofixu’s failure to enforce any right or provision of these terms will not be considered a waiver of those rights.
- A waiver of any term will only be effective if it is in writing and signed by Ofixu.
33.3 Entire Agreement
- These terms constitute the entire agreement between Ofixu and users regarding the use of the platform.
- These terms supersede and replace any prior agreements or understandings, whether written or oral, regarding the use of the platform.
Ofixu Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online.
33.4 PII Collection and Use
- When ordering or registering on the Ofixu website, users may be asked to enter their name, email address, mailing address, phone number, credit card information, or other details to enhance their experience.
- Ofixu collects information when users register, place an order, subscribe to a newsletter, or enter information on the site.
33.5 Purpose of Data Collection
- Ofixu uses the information collected from users for purposes such as personalising the user experience, improving the website, responding to customer service requests, processing transactions, and sending periodic emails.
33.6 Information Sharing
- Ofixu will keep user information confidential and only share it with trusted third-party service providers for the purposes outlined in this policy.
- Ofixu may share information with regulatory and governmental authorities, fraud prevention agencies, and in other circumstances required by law.
33.7 Security Measures
- The Ofixu website is scanned regularly for security holes and known vulnerabilities.
- User personal information is contained behind secured networks and is only accessible by a limited number of persons with special access rights.
33.8 Use of Cookies
- Ofixu uses cookies to remember and process items in the shopping cart, understand user preferences, and compile aggregate data about site traffic and interactions.
- Users can choose to disable cookies through their browser settings.
33.9 Third-Party Disclosures
- Ofixu does not sell, trade, or otherwise transfer users’ Personally Identifiable Information to outside parties without user consent.
33.10 Google Advertising
- Ofixu uses Google AdSense Advertising, which uses cookies to serve ads based on previous visits to the Ofixu site.
- Users can opt out of Google’s use of cookies by visiting the Google Ad and Content Network privacy policy.
33.11 California Online Privacy Protection Act (CalOPPA)
- Ofixu complies with CalOPPA by allowing users to visit the site anonymously and providing a privacy policy link on the homepage.
33.12 COPPA (Children Online Privacy Protection Act)
- Ofixu does not specifically market to children under the age of 13 years old.
33.13 Fair Information Practices
- In the event of a data breach, Ofixu will notify affected users via email within one business day.
33.14 CAN-SPAM Act Compliance
- Ofixu collects user email addresses to send information, respond to inquiries, and send updates. Users can opt out of marketing emails by following the instructions at the bottom of each email.
GDPR Compliance
33.15 Data Subject Rights
- Users have the right to access, rectify, erase, restrict, and object to the processing of their personal data.
- Users can exercise these rights by contacting Ofixu’s Data Protection Officer at info@ofixu.com.
33.16 Data Security
- Ofixu implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
33.17 Breach Notification
- In the event of a personal data breach, Ofixu will notify affected users without undue delay.
33.18 Liability
- Ofixu shall be exempt from liability if it proves that it is not responsible for the event giving rise to the damage.
If you have any questions regarding this privacy policy, you may contact us using the information below:
- Website: https://ofixu.com
- Email: info@ofixu.com
- Address: 77 East Road, London N1 6AH
- Phone: +442030505951
Last Edited on 18/07/24
The GDPR
The GDPR[1] applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.[2] Processing shall be lawful only if and to the extent that at least one of criteria stated in Article 6(1) applies. OFIXU adopts the definitions stated in Article 4.
The OFIXU processing is based on consent that is part of a contract between the ‘User’ and the ‘OFIXU Platfrom’. Even though the GDPR applies mostly to processing of personal data, there may be occasions when the ‘User’ signs on to OFIXU with his/her non-corporate email. When the ‘User’ registers with OFIXU he or she gives automatically the consent to receive email communications, promotional voucher codes or any other correspondence, which is in line with Article 7(1). The ‘Data Subject’ (or the ‘User’) has the right to withdraw his or her consent at any time, and prior email notification addressed to the OFIXU team is required.[3] When personal data are obtained, OFIXU shall provide the data subject with all information outlined in Article 13, in order to ensure fair and transparent processing in respect of the ‘Data Subject’.
In case the ‘User signs’ on to OFIXU by transferring existing information from the other websites such as Google, Facebook, Twitter or any other website, OFIXU shall provide the ‘Data Subject’ with the information outlined in Article 14, in order to ensure fair and transparent processing in respect of the ‘Data Subject’. This requirement does not apply in case one of the points stated in Article 14(5) is satisfied.
The ‘User’ shall have the right to obtain from OFIXU confirmation as to whether or not personal data concerning him or her being processed, and, whether that is the case, access to the personal data and the information stated in Article 15(1). The ‘Data Subject’ shall have the right to obtain from OFIXU without undue delay the rectification of inaccurate personal data concerning him or her.[4]
The ‘User’ shall have the ‘right to be forgotten’ by optioning from OFIXU the erasure of personal data concerning him or her without undue delay and OFIXU shall have the obligation to erase personal data without undue delay where one of the grounds stated in Article 17(1-2) applies. Once the ‘User’ terminates his or her account with OFIXU, the information about him or her shall be deleted instantaneously. However, the ‘User’ shall bear in mind that OFIXU can prolong that processing up to 14 days since the termination date if one of the grounds in Article 17(3) is satisfied. The ‘Data Subject’ have the right to obtain from OFIXU restriction of processing where one of the points outlined in Article 18(1) applies. Where personal data are processed for direct marketing purposes, the ‘Data Subject’ shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.[5] Where the ‘Data Subject’ objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.[6]
Union or Member State may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society.[7]
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, OFIXU shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk in order to satisfy the requirements outlined in Article 32(1).
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, OFIXU shall communicate the personal data breach to the ‘Data Subject’ without undue delay.[8] The communication to the ‘Data Subject’ referred to in paragraph 1 shall not be required if any of the following conditions stated in Article 34(3) is met.
Even though any person can receive compensation for the damage suffered as a result of an infringement of this Regulation, [9] OFIXU shall be exempt from liability under Article 82(2) if it proves that it is not in any way responsible for the event giving rise to the damage.[10]
[1] Regulation (EU) 2016/679 of The European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation).
[2] Article 1(1).
[3] Article 7(3).
[4] Article 16.
[5] Article 21(2).
[6] Article 21(3).
[7] Article 23(1).
[8] Article 34(1).
[9] Article 82(1).
[10] Article 82(3).
If there are any questions regarding this privacy policy, you may contact us using the information below.