INPERSPECTIVE is a personal data protection (GDPR) and e-privacy legal consultancy company and drafting Cybersecurity Policies as part of the client’s Cybersecurity Program. For more than sixteen years we have been active in legal consultancy for online (e-commerce) and offline businesses, and we know the future belongs to Artificial Intelligence that will enhance the development of such domains. We know that the future of business belongs to the digitization of human interaction and the speed which we ask a question and receive a response but also the speed with which we contract fast specialised consultancy necessary to develop our business.
This fast consultancy concept is included in our company’s activity. Our goal is to provide our clients means to access our experience under a fast consultancy approach, respectively to solve the cases regarding the processing and protection of personal data presented or to answer to your question/questions during the video conference appointment, or in maximum 48 (forty-eight) hours since its completion, to the extent that you attend the session.
1. USING THE INPERSPECTIVE WEBSITE
1.1. The user or the client is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, include any content in any context other than the original intended by INPERSPECTIVE, include any content in or outside the site, the removal of the marks representing the intellectual property and copyright of INPERSPECTIVE on the content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying sections of the website, in the absence of an agreement expressly granted by the INPERSPECTIVE (the company’s’ administrator) for the specific usage.
1.2. Within the terms and conditions of this document and in the policies available on the website, terms such as "website" or "content" are mentioned, we will refer to the website www.inperspective.ro and to the content of its sections which means text, link, video, photo images or other text and visual components of the website.
1.3. Any content of the website to which the user or the customer has and/or obtains access by any means, is subject to the provisions of the present Terms and Conditions, if the content is not accompanied by a specific and valid use agreement concluded by INPERSPECTIVE with the customer or the user, through which it may derogate in whole or in part from the provisions of this document and without any implicit or express guarantee made by INPERSPECTIVE with reference to the respective content of the website.
1.4. The customer may copy, transfer and/or use content from the website as well as in direct relation with INPERSPECTIVE, only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Terms and Conditions and others policies, but also with the relevant legislation and only with the prior written consent of INPERSEPCTIVE. We are not responsible for the way our customers, users or other third parties (companies, partners or marketing promotion partners) use the content of the INPERSPECTIVE website without our prior notice and agreement.
1.5. No content approved by INPERSEPCTIVE and transmitted to the user or customer, by any means of communication (electronic, telephone, etc.) or acquired by the latter through accessing, visiting and/or viewing our website, is not a contractual obligation for INPERSPECTIVE.
1.6. Any use of the content of the website is prohibited for purposes other than those expressly permitted by this Terms and Conditions document or by the accompanying usage agreement, if such an act has been concluded. INPERSPECTIVE claims the right to take the legal measures that are required against the unauthorized use of the content of the website, in order to repair the potential material and image damage caused to INPERSPECTIVE, if any violation of this section occurs.
1.7. Your posting on INPERSPECTIVE's social media pages (for example, the company's Linkedin page) does not constitute a derogation from our right to or in relation to the rights we hold on the website. Except as expressly provided herein, you do not acquire any rights, title or interest in or in connection with the INPERSPECTIVE website.
1.8. All software programs used on this website, its content and development as well as the database and source code are fully protected by copyright laws. Any other use, including the reproduction, modification, distribution, republishing, transmission, display or execution of the content of this site is not allowed without obtaining the prior written consent obtained from INPERSPECTIVE.
1.10. It not agreed to the contrary, the website, including all content of its sections such as design, text, graphics, logos, images, audio clips, as well as other aspects of the site, are protected by copyright rules and other intellectual property laws in force at national and European level in the field of intellectual property and represents the property of INPERSPECTIVE.
1.11. The content of the website - the images, the design, the text, the graphics, the logos, the audio content as well as other aspects related to the website and the content, are protected by the European Union and Romanian Intellectual Property law and is the property of INPERSPECTIVE or its rightfully Administrator.
2. Intellectual Property Rights
2.1. The content of the website, namely images, texts, web graphic elements, scripts, software, design rights, model rights, patents, trademarks, belong to INPERSPECTIVE property according to Law no. 8/1996 on copyright and related rights and other regulation on intellectual and industrial property. The use of any information listed above without obtaining prior written consent from INPERSPECTIVE, incurs responsibility towards INPERSPECTIVE and will be sanctioned according to the legislation in force.
2.2. The company’s name and logo are trademarks registered with the state Office for Inventions and Trademarks (O.S.I.M.), thus, the use of our registered trademarks must be approved in advance by the INPERSPECTIVE. To the same extent, we shall not use the client’s company name or its logo, nor the company's contractual partners intellectual property without their representative’s prior approval.
3. Accessing the INPERSPECTIVE BUSINESS services
3.1. To access our services, it is not necessary to register a customer account, you can directly engage us from the platform or by contacting the company using the form in the Contact section.
3.2. INPERSPECTIVE does not seek to obtain your information in order to send you commercial newsletters.
3.3. In relation to INPERSPECTIVE, whenever you access the online fast consultancy platform in relation to our services, payment will be made in advance, after choosing the type of fast consultancy considered necessary for you.
3.4. At the end of the consultancy session scheduled through the programming platform, we will issue you the invoice for the amount paid.
3.5. For the services we provide within a complex project for which the parties conclude a service contract, the billing is performed to you according to the contract and/or according to the annexes to the contract.
Carry out the fast consultancy sessions
3.6. Our goal is to provide our clients with fast consultancy, respectively to solve your legal data protection issue or answer the question/questions during the video conference, or within 48 (forty-eight) hours after the end of the video conference, as long as the session is honoured by you.
3.7. If the exposed situation is too complex to be solved during the consultancy session or within the aforementioned term (art. 3.6), the INPERSPECTIVE consultant will propose to continue the presentation of facts provided during the fast consultancy session into a separate discussed project for which the parties will conclude a service contract. In this case, INPERSPECTIVE will detail in writing the reasons considered, given the consultant’s professional experience, that the situation presented by the client in the fast consultancy session cannot be resolved within the proposed or expected deadlines. Thus, the respective session will be considered resolved by INPERSPECTIVE and the client’s possibility to contract INPERSPECTIVE services by means of a project in the way described by the consultant, will remain an open proposal.
3.9. The consultancy services requested by you within the reserved period according to the options made available on the website, must be limited to the services offered by the INPERSPECTIVE consultant. In other words, contacting INPERSPECTIVE to provide you with consultancy services in other fields that are outside the scope of the company's activity or outside the consultant's competence, respectively other than the protection of personal data (GDPR, data privacy), drafting Cybersecurity Policies from a legal perspective and incident management, can be refused by the company.
3.10. Since the consultant's services may be limited from a territorial point of view to the European Economic Area, the payments are convened mainly in EUR. Thus, to the extent that you will pay in lei (RON) or in another currency, any costs (fees) of currency conversion, fall to your (the Customer's) responsibility.
3.11. If we cannot provide you with the expected response/responses or solution/solutions to your questions or legal data protection issue during the scheduled time, given the complexity of the case presented to us or there is a need for additional information in order for the consultant to understand the client's situation or presented case, we can propose the increase of the scheduled consultancy appointment if you (our client) agree to schedule a new appointment to further explain/present the facts of the case in its complexity, or if not, the legal issue that needs to be solved can be summarized in an e-mail.
4. Failure to attend to the reserved consultancy session (scheduled through the site)
4.1. In the event that you announce INPERSPECTIVE in writing about your non-attendance for the consultancy session at least 24 hours before the scheduled appointment, the amount paid on the reservation date will be returned in the same bank account used when you made the payment, minus the fee withheld by our payment processor (PayPal), if applicable.
4.2. In case you cannot attend at the scheduled time and booked in the calendar available on the website, please inform us in writing at least 24 hours before the session. Thus, you can request a suspension of the interval for which you have chosen (the necessary time and date) or, if you do not request a rescheduling of the consultancy, we will consider the registered appointment as cancelled and will delete the respective slot from the calendar. Any amount paid in advance will be reimbursed in the bank account you used to make the payment.
4.3. To the extent that, you do not present yourself in the appointment reserved in the calendar within the website and you do not announce or notify us in any way within the interval mentioned in article 4.1., the amount paid when registering the appointment will not be returned, considering that we reserved and blocked the specific timeframe exclusively for you, and the time elapsed cannot be recovered in any way by the company.
4.4. In the event that you initiate a chargeback procedure or a request for the reimbursement of the amount paid, without noticing us in advance with at least 24 hours according to art. 4.1 about your non-attendance for the fast consultancy session scheduled, INPERSPECTIVE has the right to debate the respective chargeback procedure or reimbursement request, providing evidence in support for the withholding of the amount paid.
4.5. In the situation provided for in art. 4.4., in case you obtain the reimbursement of the amount paid, INPERSPECTIVE has the right to claim from the client, the payment of the amount due. If INPERSPECTIVE does not request (does not exercise this right) the payment of the specific amount, the debt is prescribed after 3 years, according to the rules applicable to the general legal prescription terms according to Romanian Civil Code. Within the prescription term, INPERSPECTIVE’s right to action is guaranteed.
4.6. INPERSPECTIVE may unilaterally terminate the appointment of a consultancy session, following a prior notification addressed to the client, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other party, in the following cases:
4.6.1. non-acceptance by the issuing bank of the client's card, of the transaction (online payment);
4.6.2. invalidation of the transaction by INPERSPECTIVE’s partner card processor (PayPal) for online payments;
4.6.3. the information (data) provided by the client on the website are incomplete, leading to the impossibility of completing or processing the online appointment of the fast consultancy session, or the information are incorrect;
4.6.4. the client's activity on the website may and/or cause damages of any kind, or in any way prejudice INPERSPECTIVE and/or its partners;
4.7. Article 5.4. below applies in the event of a force majeure or unforeseeable situation involving the parties in the impossibility to provide (perform) the contracted services.
5. Force majeure and unforeseeable circumstances
5.1. Except where expressly provided otherwise, neither party to a contract that is still in progress shall be liable for the failure to execute on time and/or properly, in whole or in part, any of the obligations that it is up to them under the contract if the failure to perform the respective obligation was caused by a force majeure event.
5.1 The force majeure is defined (according to art. 1351 of the Romanian Civil Code) as that unforeseeable event and impossible to remove, occurring after the signing-date by the client of the contract with INPERSPECTIVE, which prevents one or both parties from fulfilling their assumed obligations, usually met under the form of state of war, riots, natural disasters, pandemic or localized epidemic, etc., and will exempt the party who invokes it from any liability.
5.2 The party invoking the force majeure will provide the other party with the evidence of the force majeure event within 48 hours from the occurrence of the case invoked. In the event that the duration of the force majeure situation exceeds 10 days, there being evidence to this effect, the parties undertake by this contract to submit a notice regarding the modification of its provisions or its termination before the deadline. The exemption only operates during the event considered to be a force majeure event.
5.3. Although the services provided by INPERSPECTIVE can be carried out largely on a remote basis through digital means, if the consultancy services cannot be provided in the contractual agreed terms (as is the case with restrictive measures adopted by specific extraordinary legislative measures), the latter will notify the client in writing by e-mail. In this case, the parties agree on the best way to achieve their goal despite the de facto impediments, in the sense of rescheduling the consultancy session or, resuming the project (as the case may be), or they will agree to refund the amounts paid in advance, back to the client.
5.4. In any case, if a force majeure situation or unforeseeable circumstances, which brings the client in the event of a non-attendance to a scheduled fast consultancy session, or if the continuation of a project in progress or a project which was about to start, or if invoices issued by INPERSPECTIVE are impossible to be paid fully or even partially, the client benefits of our understanding and flexibility. Thus, the amounts paid in advance for consultancy sessions that cannot be honoured by the client due to a force majeure event or unforeseeable circumstances, will be refunded with maximum speed, upon the client's request.** **Also, the amounts invoiced can be postponed as a result of a written agreement between the parties (by means of an addendum) and the projects in progress or not started at the date a force majeure event or unforeseeable circumstances occurred, will be resumed or re-enacted, after the force majeure event or unforeseeable circumstances have passed. We expect the same flexibility and understanding from our clients, in the event that the INPERSPECTIVE consultant is caught in a force majeure situation or unforeseeable circumstances.
6.1. INPERSPECTIVE will not request by any means of communication (e-mail/telephone/SMS, etc.) information regarding confidential data that is not related to the services provided under these Terms and Conditions or in the service consultancy contract concluded, information regarding the data of a credit or debit card or personal passwords.
6.2. INPERSPECTIVE waives any responsibility, in the event that you are harmed in any form or by a third party who claims to be a representative of INPERSPECTIVE or represents our company’s interests. Thus, the user or the client undertake full responsibility for disclosing to any third party his/her confidential data.
6.3. The user or the client will inform INPERSPECTIVE about such attempts, using the form in the Contact section.
6.4. If any of the following situations occurs, it will be considered an attempt to fraud the website and its content. INPERSPECTIVE, reserves the right to initiate a criminal claim against the person(s) who tried to, or is/are guilty of, producing these situations:
6.4.1. accessing any of our client’s data by any method, insofar as the INPERSPECTIVE website or the communications between us and our clients, are accessed to produce a harm to the company or to our clients;
6.4.2. alteration or modification of the website content or of any correspondence sent by any means by INPERSPECTIVE to its client;
6.4.3. affecting or hindering the performance of the server running the website;
6.4.4. accessing or disclosing to an unauthorized third party, the content (written deliverables or opinions) made available by any means by INPERSPECTIVE to a client when the third party is not the legitimate recipient of that specific content.
7. Limitation of liability
7.1. INPERSPECTIVE cannot be held responsible in any way in front of any customer who uses the site or its content, other than within the limits of the articles that constitute the Terms and Conditions.
7.2. If a client considers that any content we send, irrespective of the means used for the communication of such content, does not comply with certain copyright regulations or any other rights of a third party or the customer itself, the client may contact INPERSPECTIVE, accessing the contact information from the website, so that we have the opportunity to take an informed decision.
7.3. INPERSPECTIVE does not guarantee any access to the client on the website or to the services made available through the platform (scheduling a fast consultancy session), in the absence of completing the steps described on the website, and does not grant the client the right to download or to fully and/or partially modify the content, to reproduce in whole or in part any content on the site, to copy, or to exploit any content in any other manner, or to transfer any of the content to a third party, without the prior written consent of INPERSPECTIVE.
7.4. INPERSPECTIVE is not responsible for the content, quality or in general for the interaction with other sites or platforms that can be reached through links from the sections of the INPERSPECTIVE website, regardless of the nature of these links. For other websites, any responsibility lies entirely with their owners.
7.6. INPERSPECTIVE does not offer to the client any direct or indirect guarantees that:
7.6.1. the technical resources integrated into the website and those through which certain consultancy services are provided, will be adapted to the customer's requirements;
7.6.2. the functionality of the website and/or of our integrated partner platforms, will be uninterrupted, secure or without technical errors of any kind;
7.6.3. the website or any related digital service offered to the customer, will be free from errors generated by the computer systems used by INPERSPECTIVE or from any functional errors of the Internet network or other operating errors arising from the contractual relationship we have with various partners (electricity, internet providers etc.).
7.7. Within the provisions of the present Terms and Conditions, the operator/administrator of the website is not in any way responsible for the relationship or any consequence resulting from, but not limited to, purchases, special offers, if any, promotions, marketing, or any other type of relationship/connection/transaction/collaboration/etc. which may be enclosed between the client and any of the parties who promote their services directly or indirectly, through our website.
8.1. By using, visiting or viewing the website and/or any content sent by INPERSPECTIVE to the client by accessing and/or sending by any means (electronic, telephone, etc.), the latter declares to fully agree with the provisions of the present "Terms and Conditions".
8.2. Any dispute regarding these Terms and Conditions that may arise between a user or the client and INPERSPECTIVE, will be resolved amicably, the parties will endeavour in this respect.
8.3. Any dispute, of any kind, which may arise between the user or the client and INPERSPECTIVE, will be resolved amicably. If this is not possible, the conflict will be resolved by an authorized mediator approved by both parties in the dispute, and if the mediation does not resolve/settle the dispute, it will be referred to the competent courts in Bucharest, in accordance with the Romanian laws in force.
8.4. If any of the above clauses will be found null or void, for whatever reason, the respective provision will not affect the validity of the other clauses.
8.5. This document has been drafted and will be interpreted in accordance with Romanian law.
9. Final provisions
9.1. INPERSPECTIVE withholds the right to make any changes to these provisions, as well as any changes to the website or its structure, the manner in which the services are provided and any content of the website without prior notice to the client.
9.2. Considering the present Terms and Conditions, INPERSPECTIVE will not be held responsible for any errors that appear on the website for any reason, as a result of any changes, settings, etc., which are not realised by the website administrator.
9.3. INPERSPECTIVE withholds the right to insert advertising banners of any kind and/or links in any section of the website, in compliance with the legislation in force.
10.1. In case of any questions, requests or suggestions regarding the INPERSPECTIVE website or regarding the services provided, please contact us using the form in the Contact section.
10.2. Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the INPERSPECTIVE website, its functionality or improvement, will become and will remain the property of INPERSPECTIVE, as of the date of their transmission to us, by any means of communication.
© INPERSPECTIVE BUSINESS - Version: December 2022