Terms and Privacy
Last Updated: February 2 2023
The controller of your Personal Data, who determines the purposes and means of the processing, is TechFusion Ltd, registered under the laws of the Republic of Cyprus under the registration number HE369193, legal address: A.G. Leventi, 5, THE LEVENTIS GALLERY TOWER, 13th floor, Flat/Office 1301, 1097, Nicosia, Cyprus («Awario», «we», «us», «our»).
1. What Personal Data does Awario process and for which purposes?
We respect your privacy and aim to limit the Personal Data that we collect from you to the amount which is strictly necessary to fulfil the purposes of processing. The level of the Personal Data Awario collects depends on the level of your usage of our Services.
Categories of the Personal Data that we process are specified below:
|Purpose of the processing||Personal Data||Legal basis for the processing|
Signing up for the free version of the Software
Without providing this data you will not be able to use the Services
|Filling your user profile||
Your consent which you provide when filling in relevant data and saving changes in your profile in Software
|Purchasing the Services under the relevant plan||
Without providing this data you will not be able to use the Services
|Booking your time for a demo||
Our legitimate interest to show you Software features and your interest to see our demo
|Contacting you about your account and sharing relevant information||
Our legitimate interest in providing information concerning your account, important software updates or other relevant information that is important for your user experience
|Receiving and responding to your enquiries, requests for support and other communication||
||Our legitimate interest in helping you resolve any issues with Services and your interest in receiving our response and support|
Please, note that we do not store or have direct access to your payment information. The payment is processed by a third-party secure server to ensure the safe transmission of sensitive information.
When you visit awario.com («Website») we may collect your Personal Data by automated means, such as cookies. Cookies allow us to respond to you as an individual and tailor our web application to your needs, likes and dislikes by gathering and remembering information about your preferences.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. You should not worry, a cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
We use the following types of cookies:
- Necessary cookies: these cookies help us make our Website usable by enabling basic functions like page navigation and access to secure areas of the Website. Our Website cannot function properly without these cookies;
3. When do we disclose your Personal Data to third parties?
Please note that we may disclose your Personal Data when required to do so by law or in connection with any legal proceedings or prospective legal proceedings or in order to establish, exercise or defend our legal rights, protect your safety or the safety of others, investigate fraud, or respond to a valid governmental request.
4. How and for what period do we store Personal Data?
We take physical, electronic, software related and other security measures to help safeguard Personal Data from unauthorized access, alteration, or disclosure.
We store your Personal Data for a period needed to fulfill the purposes indicated in the section «What Personal Data does Awario process and for which purposes?». In certain cases, we may store your Personal Data for a longer period if needed to comply with our legal obligations, to resolve disputes, establish and defend legal claims.
5. No automated decision-making or automated profiling
We do not use automated decision-making or refer to the automated profiling.
6. What rights do you have and how can you exercise them?
In some cases and subject to certain exemptions our users may exercise certain rights in relation to their Personal Data as set out in the table below.
|EU Residents’ Rights||Explanation|
|Right to access Personal Data||
You may ask what data concerning you is kept by us and receive a copy of it, as well as other supplementary information.
|Right to rectification||
At any time, you may request the modification of your Personal Data that you believe is inaccurate or outdated.
If you want to modify your Personal Data, you can do it in your account settings at any time. Your data will be modified as soon as you make changes in your account settings and in accordance with such changes.
|Right of erasure («right to be forgotten»)||
You may request the deletion of data concerning you at any time.
Please note that we can retain your Personal Data if necessary to comply with our legal obligations or resolve disputes. For instance, we can keep your data while you have outstanding debts to us. If we have no basis to continue processing your Personal Data, we will delete or remove it and notify you about such deletion or removal.
Right to restrict/suspend processing of Personal Data
You may request the limitation of the processing of your Personal Data when one of the following applies: (a) the accuracy of the Personal Data is contested by you, (b) the processing is unlawful and you oppose the erasure of the Personal Data, © we no longer need the Personal Data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, and (d) you have objected to processing pending the verification whether the legitimate basis overrides this.
|Right to data portability||
|Right to be informed||
You have the right to be provided with clear and easy-to-understand information about how we use your Personal Data.
|The right to object to the processing||
You may object to the processing of Personal Data concerning you, where we are relying on a legitimate interest and there is something about your particular situation that makes you want to object to the processing on this basis. We will no longer process the Personal Data unless we demonstrate compelling legitimate basis for the processing which overrides your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
|Right to withdraw consent||
You may withdraw your consent at any time where we are relying on the consent to process your Personal Data. If we have no other basis for processing your Personal Data, after you send us a request to withdraw consent, we will stop processing your Personal Data that we were processing under your consent.
|Right to complain to a supervisory authority||
You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices.
We aim to comply without undue delay, and within one month at the latest. To address more complex requests, we might need to extend the answering time by a further 2 (two) months. In this case, we will notify you about the extension within 1 (one) month of receipt of your request and will explain to you the reasons for such extension.
7. How to exercise any of your rights?
You may exercise your rights by sending a relevant request to the e-mail: email@example.com.
If you do not want to receive e-mail updates from Awario, you may opt out of receiving the email newsletter by pressing the «Unsubscribe» button in any email or by contacting us with the relevant request at firstname.lastname@example.org. After this, you will no longer receive the email newsletter, but your data will not be deleted. Please note that if you opt out of receiving the email newsletter you may miss out on great deals or discounts.
8. How can you contact us?
1. TERMS OF THE SERVICES
1.1. Definition. Awario provides automated monitoring tools that help customers to track mentions of keywords they are interested in on Third-Party Platform ("Services").
1.2. Permitted Use. The data and information provided by the Services are intended for internal business use only. These data and information can only be used for the purpose of social media monitoring and analysis ("Permitted Use").
1.5. Scope. The scope of Services is determined by the plan chosen by you in the "Pricing" section of the Software and can be different in relation to the number of topics to monitor, new mentions per month, stored mentions per topic, number of possible Authorized Customers and other included features. Please note that Awario reserves the right to unilaterally amend the scope of Services included in each plan with your prior notice. Such amendments will become effective for you starting the next payment period after the notification (next month or year depending on the chosen plan).
1.6. Trial. Each Customer is granted a free trial of the Services for information purposes only with the limited scope of the Services as determined by Awario. After the end of the free trial period in order to proceed with the use of the Services you shall choose a relevant plan in the "Pricing" section of the Software and make a payment for it. If you will terminate the use of Services after the end of the trial period, your trial account will be removed in 14 days after the end of the trial period.
1.8. Contractors. Awario may from time to time at its discretion engage third parties to perform the Services.
1.9. Service-related communication. You agree that the email address used to create the account within the Software may be used by Awario to send you Service-related communications. If you don’t longer want to receive Service-related communications, please use the opt-out function provided in the email.
2. NO WARRANTIES
2.2. You are solely responsible for any consequences of your use of the Services and Software including any loss in profit or reputation, loss of data, cost of procurement, or other intangible loss.
2.3. You agree that Awario is not responsible for the completeness and accuracy of the Resultant Data.
3.1. General rule. Awario retains all and any rights to the Services, Software, its components, any content placed in the Software, Resultant Data, and other intellectual property, except as expressly granted to the Customer herein.
3.2. Trademark ownership. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Awario. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Services and Software.
3.3. Feedback. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Awario a perpetual, worldwide license to use all comments, feedback, and ideas you may share with us, without notice, compensation, or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. REGISTRATION PROCEDURE
4.1. Creating the account. In order to get the Services, you must complete the registration process within the Software using your e-mail address. You agree that when creating the account, you will supply accurate and complete information and that you shall be responsible for keeping it up-to-date.
4.2. Login and password. You will receive a password and login to the provided e-mail upon completing the registration form. The login and password serve for the identification of the Customer and are required to access the account and receive the Services.
4.3. The login and password are confidential information. You are fully responsible for maintaining the confidentiality of the login and password, in particular, to prevent access to your login and password by third parties. Hereby you confirm that you are aware and agree that if any person, including an Authorized Customer, has been identified within the Software using your login and password, such person is recognized as you and any activity of such person is considered as your activity. Awario is not responsible for any consequences that occurred as a result of access by a third party to the Customer account.
4.4. Account deletion. Your account will be automatically deleted 30 days after the end of the last period you paid for or you can remove your account at any time by sending a request to email@example.com.
a. Use information obtained from the Services directly for making a profit (including selling or licensing the information contained in the Resultant Data) or use it in a manner contrary to law;
b. Disclose any third parties’ information contained in the Resultant Data;
c. Copy and (or) distribute the Services and/or Software, in whole or in part;
d. Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;
e. Use access to the Software, results of Services and any other information for the purpose of building or replicating the Services, Software, the conduct of any other activity that is competing to Awario’s business;
f. Try to interfere with the operation of the Software, disrupt the process of providing Services to other Customers, or otherwise try to harm the Software and/or its Customers (DoS, DDoS attack, etc.);
g. Use the Services and/or Software in any other manner that is contrary to the law.
6. THIRD-PARTY PLATFORM
6.1. Definition. A Third-Party Platform means any third-party website, including but not limited to social media platforms (such as Twitter, Facebook, Instagram, etc.) and online media platforms (such as news websites, blogs, forums, etc.) from which Awario may retrieve information as part of the search made via the Software. The list of Third-Party Platforms available with the Software can be amended from time to time without notice to the Customer. You further agree to be bound by any terms and conditions of all Third-Party Platforms made available through the Services.
By using Awario, you agree to be bound by all such Terms of Service.
6.3. Lack of guarantees. Since the Software provides information from Third-Party Platforms, you understand and acknowledge that the Services are dependent upon the availability and completeness of data provided by Third-Party Platforms and availability of the Third-Party Platforms themself, and Awario cannot and does not guarantee the availability, completeness, or accuracy of any such data or Third-Party Platform.
6.4. Amendments. You also agree that the terms of receiving the information from a Third-Party Platform depend on the terms and conditions of the Third-Party Platform agreed by us, and such Third-Party Platform that can be amended at any time upon the initiative of the Third-Party Platform. Such amendments may make it impossible or significantly restrict the ability to obtain information from such Third-Party Platform, which may affect the scope of the Services, but is independent of our will and we are not responsible for it.
7.1. Price. As for the trial period, the Services are provided free of charge. After the trial period or choosing a plan, the Services are provided on a fee basis. Prices for each plan are placed in the "Pricing" section of the Software.
7.2. Payments conditions. The Service fee is paid 100% in advance. All prices and other payment conditions are indicated in the "Pricing" section of the Software and are relevant at the moment of payment. Awario reserves the right to unilaterally update the Services payment conditions, indicating updated conditions on the Software. Updated payment conditions will become effective for you the next payment period following the last fully paid period (next month or year depending on the chosen plan).
7.3. Special conditions. You can also request a special plan by contacting us at firstname.lastname@example.org. If we agree on a special plan with you that will be different from the payment conditions placed in the "Pricing" section of the Software, then your payment conditions will be regulated separately via email used to register your account with the Software. If we need to make changes to such special conditions agreed with you, we will notify you in advance by email indicating relevant changes. If you do not agree with such changes, you may choose a standard plan as specified in the "Pricing" section of the Software, or agree with us on another special plan, or stop using Services.
7.4. Payment methods. The service fee can be paid using one of the methods provided in the Software. The Awario is not liable for the hardware and software complex of payment systems of providers and is not responsible for errors in such hardware and software complex. The payment provider is fully responsible for refunds if the money was written off because of any errors in the hardware and software complex of payment systems operation and the payment was not authorized by the provider.
7.5. Auto-renewal. By placing the order, the Customer agrees to the automatic renewal. The Customer acknowledges that the consent to the automatic renewal means that Awario may renew the plan chosen by the Customer and charge the Customer the appropriate fee for a plan to use the Services on a regular basis in accordance with the payment details provided by the Customer unless the Customer withdraws its consent to the automatic renewal or terminates the use of Services. In the event of an increase in the services fee, Awario will notify the Customer about that before the next write-off of funds. If the Customer will not agree to the increased service fee the Customer has a right to withdraw its consent to the automatic renewal or terminate the use of Services. You can withdraw your consent to the automatic renewal by sending a relevant request to email@example.com.
7.6. No refunds. The Customer is not entitled to get any refund if the Customer has not used the Services or has not used it daily during the paid period with time breaks, etc. (regardless of the reasons).
8.1. Awario reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Software and/or Services, without prior notice to you.
9. TECHNICAL SUPPORT
9.1. All information on how to use the Services and Software is available in the Software.
9.2. If you have questions related to the correct work of the Software or issues regarding your account (such as creating the account and account recovery, etc.), you can contact Awario via the form in the Software, chat, or at firstname.lastname@example.org.
9.3. Please note that technical support does not include any customization of the Services and Software, issues related to the generation of and providing the Customer with the reports.
10. INDEMNIFICATION BY YOU
10.2. Indemnification procedure. We will give you notice of any matters giving rise to a claim for indemnification. Immediately after receiving a correspondent notice from us you shall cooperate with us, take control of the defense and investigation of such matters. Particularly, within 10 business days after receipt of the notice with respect thereto at your sole cost and expense, you shall employ legal counsel approved by us. We shall not be liable for any settlements, litigation costs, or expenses incurred by you. Awario's failure to cooperate with you will not relieve you of your obligations under this section 10 except to the extent that you can demonstrate that it has been materially prejudiced as a result of such failure. We may participate in and observe the proceedings at our own cost and expense with counsel of our own choosing.
11. LIMITATION OF LIABILITY
11.1. Limitations. You expressly understand and agree that, to the extent not prohibited by applicable law, Awario shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. The foregoing limitations on Awario’s liability shall apply whether or not Awario has been advised of or should have been aware of the possibility of any such losses arising.
11.3. Cap on liability. In any case, the cumulative liability of Awario to the Customer for all claims arising from or relating to the provision of the Services shall be a maximum of the Services fees paid to Awario by the Customer during the six (6) months immediately preceding the event which gave rise to the claim.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1. The Services are provided after you purchase one of the plans placed in the "Pricing" section of the Software and while you pay regularly according to the terms of the chosen plan. Once the paid period expires, and if you do not pay for the next period in accordance with the fees placed in the "Pricing" section of the Software at the moment of that payment, the provision of Services is terminated.
13.2. The provision of Services can be terminated before the expiration of the paid period in the following cases:
a. At the initiative of the Awario:
- with prior notice to the Customer for any reason if the provision of Services to the Customer becomes impossible.
b. At the initiative of the Customer:
- by not paying for the next payment period;
- at any time by deleting the Customer’s account;
- if a Force Majeure Event affecting Awario continues substantially uninterrupted for a period of 30 days or more.
14.5. Independent contractor. Your relationship to Awario is that of an independent contractor, and neither party is an agent or partner of the other.