Effective from: 25th of November 2022
1. Background
Maritime Optima AS is developing and distributing different Application Services for the maritime industry based on different subscription models. The Application Services are available as software as a service (SaaS). The ShipAtlas Application Services provide a free subscription plan and two paid subscription plans (ShipAtlas Standard and ShipAtlas Premium).
This agreement regulates the ShipAtlas Standard and the ShipAtlas Premium Application Services.
This Subscription agreement (the “Agreement”) has been entered into by the Customer and Maritime Optima AS and is applicable to the ShipAtlas Standard Application Service and the ShipAtlas Premium Application Service.
The ShipAtlas Standard and Premium Application Services have been developed and adapted by Maritime Optima AS. This Agreement governs the Customer's use of the ShipAtlas Standard and Premium Application Services (as defined below).
Should any provision of this Agreement be pronounced invalid or illegal, or if for any reason a provision cannot be enforced, it shall not affect the validity of the remaining provisions of the Agreement.
The customer enters a paid subscription by registering for a paid subscription plan (ShipAtlas Standard or ShipAtlas Premium) inside the ShipAtlas Application Services, accepts and agrees to comply with the terms and conditions of this Agreement, and makes available a valid credit card where the issuer has accepted the transaction.
A person entering into the Agreement on behalf of the Customer herewith guarantees that he or she is authorized to bind the Customer to the terms and conditions stated in this Agreement and to make available a valid credit card where the issuer has accepted the transaction.
2. Definitions
The below terms have the following meaning:
“Account Owner” means a person representing the Customer and entering into the Agreement on behalf of the Customer and is authorized to bind the Customer to the terms and conditions stated in this Agreement.
"Application Content" means all data, text, images, graphics, tools, and other materials and information inside the ShipAtlas Standard Application Service or the ShipAtlas Premium Application Service which are subject to the intellectual property rights of Maritime Optima AS, its subsidiaries, and affiliates, and their respective licensors and licensees.
“Controller” means the customer who has entered into a paid subscription to the ShipAtlas Standard or ShipAtlas Premium Application Services. A controller means the natural or legal person determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the controller.
“Customer” means any entity or a private person that has registered a paid subscription to the web product. All customers subscribing for a paid subscription are professional customers and therefore will be acting as a controller.
“Data Subject” means an identifiable natural person who may be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number (e-mail or phone number, etc), or location data. The data subject also means Users as described below.
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”), such as
“The Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller (Maritime Optima AS).
“ShipAtlas Standard Application Service” means a ShipAtlas paid subscription offered inside the ShipAtlas Application Service.
“ShipAtlas Premium Application Service” means a ShipAtlas paid subscription offered inside the ShipAtlas Application Service.
"User Content" means data for application analytics, product settings, and the usage of the application that the User submits to the ShipAtlas Standard or the ShipAtlas Premium Application Services.
Maritime Optima AS may receive the information directly from the customer who registers for the ShipAtlas Standard or ShipAtlas Premium subscriptions on a person's behalf.
“User” means any user of the ShipAtlas Application Services; all Account Owners, employees of the customers, and any other person that has been granted access to the service by either Maritime Optima AS or the Customer.
3. Provisions for using the ShipAtlas Standard or Premium Application Services
Registration. The Customer is responsible for providing complete and accurate information. The Customer is also responsible for providing correct information upon entering into this Agreement.
Subscription. Maritime Optima AS shall make the ShipAtlas Standard and the Premium subscription available to the Customer, in accordance with this Agreement during the term of this Agreement. The functions available in the ShipAtlas Standard or ShipAtlas Premium Application Services may be changed or replaced with new features produced by Maritime Optima AS from time to time.
Compatibility. Maritime Optima AS has defined minimum hardware and system requirements for compatible devices and will inform about which hardware devices are compatible for the use of the Application Service on our website https://www.maritimeoptima.com/. The list will be updated from time to time. The warranty set out in Section 12 is strictly limited to use on compatible hardware.
Support. Support is given by using our chat, by e-mailing or by telephone. Maritime Optima AS will do its utmost to reply as soon as possible to any customer requests sent through our chat or by e-mail. Support through phone calls will be provided 08:00 a.m. – 17:00 p.m. Norwegian time Monday – Friday, holidays excluded.
Availability. Maritime Optima AS aims to make the ShipAtlas Standard and Premium Application Service available 24/7/365 with as little downtime as possible and follows the industry’s best practices to achieve this. Maritime Optima AS’s goal is to offer the ShipAtlas Standard and Premium Application Service with 99.9% uptime. The Customer is advised that even if this is Maritime Optima’s goal, the ShipAtlas Standard and ShipAtlas Premium Application Service is provided "as is" without any warranty (see clause 10), and downtime may occur.
4. The ShipAtlas Standard and ShipAtlas Premium Application Service specific requirements
Maritime Optima AS offers software and web applications that allow the Customer to access the ShipAtlas Standard or ShipAtlas Premium Application Service on their mobile devices, tablets and desktop computers using browsers such as Chrome, Apple Safari, Firefox, and Edge.
For the avoidance of doubt:
Mobile devices must be purchased separately and are not included in the Agreement. Furthermore, an active Internet connection is required, which may entail data costs and/or other costs for the Customer. The Customer has to enter into separate agreements for the provision of Internet/WI-FI or the provision of 3G/4G.
These requirements may be changed and information on which requirements apply at any time is available on our web pages https://www.maritimeoptima.com/
The ShipAtlas Standard and ShipAtlas Premium Application Service may collect technical data, including information about application crashes and statistics of use.
Maritime Optima AS’s processing of personal data is in accordance with applicable data protection legislation.
5. Third-party suppliers
The Customer accepts that third-party services not currently part of Maritime Optima AS may be made available to the Customer from time to time by Maritime Optima AS or third parties, and that the Customer’s decision to acquire any such service shall be subject to an exclusive agreement between the Customer and the applicable third-party supplier. Maritime Optima AS does not guarantee the support of third-party products or services.
6. Duty of confidentiality
As a consequence of the performance of the Agreement, the parties may receive confidential information including, but not limited to company internal information including services, specifications, marketing information, and similar sensitive information. The parties hereby agree that they will use such confidential information solely for the purposes of performing the agreement and that they will not disclose to any third party such information other than as required for performing the Agreement.
After termination of the Agreement, the parties shall not disclose any such confidential information.
The foregoing provisions will not prevent the disclosure or use by the parties of any information that is or becomes, through no fault of the party, public knowledge or to the extent required by mandatory law.
If the receiving party is compelled by law to disclose confidential information, the disclosing party must be given prior notice of this.
7. Prices
The prices for the paid Subscriptions; ShipAtlas Standard and ShipAtlas Premium Application Service are indicated on our web pages and in the upgrade/order confirmation inside the ShipAtlas Application Service.
Maritime Optima AS charges 12 months, 6 months, 3 months, or 1 month in advance, pending the selected subscription term. We do not provide any refund during the duration of the selected subscription term. The subscription payments shall be made on the basis of using a credit card or Apple Pay. The subscriptions are offered on the web, on App Store, and on Google Play Store. The features will be unlocked when the credit card payment is confirmed by the credit provider (Stripe), Apple, or by Google.
The selected Subscription Plan is automatically renewed unless canceled by the Customer.
All amounts payable by the Customer as a part of this Agreement will be paid to Maritime Optima AS without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new service or new feature of the ShipAtlas Standard or ShipAtlas Premium Application Service will be effective when Maritime Optima AS posts updated fees and charges in our newsletters or on our web pages.
Maritime Optima AS may increase or add new fees and charges for the existing ShipAtlas Standard or ShipAtlas Premium Subscription Plans, applicable from the next renewal date. If such an increase is decided, the price increase will be announced on the 1st day of a new year each year on the website and by newsletter to the account owner.
Maritime Optima AS may elect to charge the Customer interest at the rate of 1.5% per month on all late payments. If the Customer’s payment is overdue by more than fourteen (14) days, Maritime Optima AS reserves the right to suspend access to the ShipAtlas Standard and ShipAtlas Premium Application Service.
Value Added Tax (VAT) will be added to the price for Customers registered as citizens in Norway. All other Customers are responsible for paying all taxes, fees, levies, and charges applicable in the Customer’s respective jurisdiction.
Maritime Optima AS might find it necessary to incur any extra costs or expenses for customer support, this shall be agreed upon in writing between the parties in advance.
8. Rights
The ShipAtlas Standard and ShipAtlas Premium Application Service and all intellectual property rights therein, and all intellectual property rights related to the delivery and provision of support are owned or licensed by Maritime Optima AS. The Customer acknowledges that any and all copyrights, trademarks, trade names, patented and/or patentable rights, and all other intellectual property rights existing in or used in connection with the ShipAtlas Standard and ShipAtlas Premium Application Service, are the sole property of Maritime Optima AS. This also applies to modifications, improvements, or upgrades made during the term of the Agreement.
The Customer shall not:
A - Remove or conceal any notices of copyright, trademark, or any other proprietary notes contained in or on the ShipAtlas Standard or ShipAtlas Premium Application Service or associated documentation.
B - Modify, translate, or create derivative products based on the ShipAtlas Standard or ShipAtlas Premium Application Service.
C - Create any link to the ShipAtlas Standard or ShipAtlas Premium Application Services or mirror any content contained in, or accessible to the Customer from, the ShipAtlas Standard or the ShipAtlas Premium Application Service.
D - Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the ShipAtlas Standard or ShipAtlas Premium Application Services; or
E - Access the ShipAtlas Standard or ShipAtlas Premium Application Services in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or designs of the ShipAtlas Standard or ShipAtlas Premium Application Services.
F - Application Content: You are granted a limited, non-exclusive, revocable license to use the ShipAtlas Standard or ShipAtlas Premium Application Services as described inside the ShipAtlas Application Services and on our website: https://www.maritimeoptima.com
G - The customer is not granted a right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works, etc. Except for the limited rights expressly granted herein, all rights, titles, and interests in and to the content of the ShipAtlas Standard or ShipAtlas Premium Application Services are owned by Maritime Optima AS.
User Content: The Customer is solely responsible for the User Content and the consequences of posting User Content. In connection with User Content, the Customer warrants that it owns or has the necessary licenses to use and authorize Maritime Optima AS to use any or all User Content. The Customer shall not submit as part of any User Content any material that is copyrighted, protected as a trade secret, or otherwise subject to third-party proprietary rights unless the Customer is the owner of such rights or has permission from the rightful owner.
9. Subscription period and termination
A paid subscription might contain several subscription plans and terms. A customer starting a paid subscription will start subscribing to a ShipAtlas Standard or ShipAtlas Premium Subscription plan and the person registering the account will become an Account Owner.
A paid subscription plan (ShipAtlas Standard or ShipAtlas Premium) will automatically be renewed if the subscription is not actively terminated or deleted prior to the date of renewal.
An Account Owner can terminate his Standard or Premium Subscription Plan at any time. The pre-paid subscription fee will not be reimbursed for the remaining prepaid subscription term (up to the next due / renewal date). If the Owner terminates his Standard or Premium subscription plan, he/she will be transferred into a free subscription plan of the ShipAtlas Application Service.
This Agreement may be terminated by either party on the following conditions:
Upon three months' written notice of a material breach as specified in the Agreement, or;
Immediately, if either party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; or
Immediately, in the event of a material breach. Fees that are to be paid according to Section 7 are non-refundable.
Sections 8, 10, 11, and 12 shall survive any termination or expiration of this Agreement, together with any other provision that by its nature is meant to survive termination.
10. Warranties and disclaimers
A description of the ShipAtlas Standard and ShipAtlas Premium Application Service is available on Maritime Optima AS' web pages at any time. Such information will be updated from time to time.
Disclaimer. The ShipAtlas Standard and ShipAtlas Premium Application Service are software application services subscribed to ”as is”. Maritime Optima AS does not undertake to develop the ShipAtlas Standard or ShipAtlas Premium Application Services further with new content even if this is what the Customer wants. Maritime Optima AS does not guarantee that all errors in the ShipAtlas Standard and ShipAtlas Premium Application Service can or will be corrected.
Maritime Optima AS does not warrant that the functions contained in the ShipAtlas Standard or ShipAtlas Premium Application Services will meet the Account Owner’s requirements or that the operation of the ShipAtlas Standard and ShipAtlas Premium Application Services will be uninterrupted or error-free.
All data related to vessels, ports, weather, loadline lines, polar codes, and other data presented in different features in the ShipAtlas Standard and ShipAtlas Premium Application Service, are believed to be correct. The data is obtained from various sources and may be subject to frequent updates and changes without prior notice.
However, Maritime Optima AS does not accept any form of liability, neither legally nor financially, for loss (direct or indirect) caused by relying on and using the ShipAtlas Standard and ShipAtlas Premium Application Service or its data.
11. Limitation of liability
Neither party (nor its suppliers) shall have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental or consequential damages of any kind, even if the information of the possibility of such damages in advance.
Maritime Optima AS and its suppliers' entire liability to the Customer arising out of or related to this Agreement shall in any event not exceed the amount actually paid by the Customer to Maritime Optima AS during the prior twelve (12) months under this Agreement.
Maritime Optima AS is not liable for any indirect or consequential damages arising from lack of access to the service or bugs in the service.
Maritime Optima AS reserves the right to charge for the development of features that were not part of the ShipAtlas Standard or the ShipAtlas Premium Application Service when the Agreement was entered into.
The Customer shall provide sufficient support and training to the User of the ShipAtlas Standard or ShipAtlas Premium Application Service before the User is granted access to the ShipAtlas Standard or ShipAtlas Premium Application Service. Maritime Optima AS shall not be liable for errors made by the User and thereby the consequences this might have, as a result of the User’s improper use of the ShipAtlas Standard or the ShipAtlas Premium Application Service.
12. General provisions
This Agreement, the privacy document, and the data processor agreement, constitute the entire agreement between the Customer and Maritime Optima AS and supersedes all prior agreements and discussions.
Neither party may issue press releases related to this Agreement without the other party's prior written consent. Either party may include the name and logo of the other party in its list of customers or vendors in accordance with such party’s standard guidelines.
The Customer and Maritime Optima AS are independent contractors. This Agreement does not create a joint venture or partnership between the Customer and Maritime Optima AS and neither party is authorized as an agent, employee, or representative of the other party.
Maritime Optima AS may revise this Agreement from time to time during the term of the Agreement and has a duty to inform the Customer of any material amendments. Customers, however, have a duty to keep updated on changes on the web pages of Maritime Optima AS, where the applicable conditions at any time are available.
This Agreement and any rights or obligations hereunder shall not be assigned, sublicensed, or transferred in any other way to a third party without the written consent of the other party.
The obligations and rights of the parties to this Agreement shall be governed by and construed in accordance with Norwegian law, without regard to conflicting principles of law. The parties agree that the exclusive jurisdiction shall be Oslo District Court, Norway. All legal proceedings shall be conducted in Norwegian.
Any amendments to this Agreement shall be in writing and shall be deemed to form part of the Agreement as of the date they are agreed on.
Force Majeure. Neither party to this Agreement shall be liable to the other party for any errors or delays in performance due to circumstances beyond the companies’ control, including, but not limited to, fire, labor difficulties, governmental action, or terrorism, provided that the parties give written notification of such circumstances to the other party and make any reasonable endeavors to overcome such challenges.
Contact us:
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mail: post@maritimeoptima.com
Effective from: 25th of November 2022
Purpose
The Customer has entered into a paid subscription hereafter referred to as the “Controller” and Maritime Optima AS (“Processor”) will process certain Personal Data on behalf of and in accordance with instructions from the Customer in connection with the provision of the service provided to the customer in accordance with the subscription agreement.
Definitions
The controller:
The customer who has entered into a paid subscription of the ShipAtlas Standard or ShipAtlas Premium Application Service. A controller’ means the natural or legal person determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the controller.
The data subject:
Means an identifiable natural person who may be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number (e-mail or phone number etc) or location data.
The processor:
Means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (Maritime Optima AS).
Personal data:
Means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical identity of that natural person.
This agreement sets out the rights and obligations for processing Personal Data on behalf of the Controller pursuant to the subscription agreement. This agreement shall ensure that the processing meets the standard of the General Data Protection Regulation (GDPR), as well as any supplemental Norwegian data protection regulations.
The Processor’s duties
The Processor shall make sure that it treats the personal data in accordance with the requirements in Articles 28 and 32 of the GDPR such as:
A - Encrypting personal data.
B - Maintaining ongoing confidentiality, integrity, availability, access, and resilience of processing systems and services.
C - Restoring the availability of and access to personal data, in the event of a physical or technical security breach.
D - Testing and evaluating the effectiveness of technical and organization measures.
E - Ensure that technical strategies include monitors, logs, and reports on data structure changes and be able to show compliance auditors that changes to the database can be traced to accepted change tickets.
F - Ensure that employees and sub-processors or other third parties authorized to process Personal Data on behalf of the Processor in accordance with Section 4 are subject to obligations of confidentiality.
G - Implement appropriate technical and organizational measures required pursuant to Article 32 of the GDPR.
H - Ensure that any sub-processors processing Personal Data on behalf of the Processor is under the same contractual obligations as set out in this agreement and complies with the requirements in Article 28 (2) and (4) of the GDPR.
I - Keep a record (log) of the processing activities carried out on behalf of the Controller, which shall at least contain the information required pursuant to Article 30 of the GDPR.
Notify the Controller if the Processor receives a request from a governmental authority to disclose Personal Data processed under this agreement. The Processor is not obliged to notify if the law prohibits such notification.
J - Makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allows for and contributes to audits, including inspections, conducted by the controller or another auditor mandated by the controller. Each party carries its own costs related to such an audit.
The scope of the Processor’s duty to provide assistance to the Controller under j) shall take the nature of the processing and the information available to the Processor into account.
Notification routines
In the event of a Personal Data breach, the Processor shall notify the Controller without undue delay.
A- The notification shall at least describe:
B- The nature of the breach of Personal Data, including, if possible, the categories and the approximate number of data subjects affected.
C- The name and contact information of the data protection officer or another contact where information can be obtained.
D- The likely consequences of the Personal Data breach.
E- The measures taken or proposed to be taken to address the Personal Data breach, including any measures to mitigate its possible adverse effects.
The Controller shall ensure that an incident report is sent to the relevant Data Protection Authority in accordance with GDPR art. 33.
Use of sub-processors and transfer of data
The Processor has the right to use these sub-processors which also include the transfer of personal data:
Microsoft Azure (Azure): The Personal Data we collect from you is stored in our European data processing center. Currently, this data center is operated by Microsoft, which is one of the world’s leading data center operators for cloud services. The Microsoft data centers we use are placed within the European Union (EU) and/or European Economic Area (EEA). Audio and video data is never transferred to servers outside the EU or EEA. Your Maritime Optima user accounts and data do NOT constitute a Microsoft account.
Intercom.io for customer support and engagement: Maritime Optima ́s clients are provided with customer support and customer chat from Intercom.io. The company is located in the USA and in Europe, and Intercom Inc has certified adherence to and commits to applying the European GDPR rules. In the case of transferring Personal Data to an Intercom.io entity outside the EEA area, this will be done based on Intercom Binding Corporate Rules as described here, which establish adequate protection of the Personal Data and are legally binding for Intercom Inc. Where Intercom Incs Binding Corporate Rules do not apply, Intercom Inc will instead rely on other lawful measures to transfer your Personal Data outside the EEA and Switzerland, such as the EU standard contractual clauses. For more information about Intercom Inc´s. privacy policy: https://www.intercom.com/legal/privacy
Stripe for handling online payments made by credit cards on the web Application. The company is located in the USA and in Europe, and Stripe Inc has certified adherence to and commits to applying the European GDPR rules. In the case of transferring Personal Data to a Stripe Incs entity outside the EEA area, this will be done based on Stripes Incs Binding Corporate Rules as described here, which establish adequate protection of the Personal Data and are legally binding for Stripe Inc. Where Stripe Incs Binding Corporate Rules do not apply, Stripe Inc will instead rely on other lawful measures to transfer your Personal Data outside the EEA and Switzerland, such as the EU standard contractual clauses. For more information about Stripes Inc´s. privacy policy: https://stripe.com/en-no/privacy
In-App purchases. Maritime Optima AS distributes the ShipAtlas Application Service in AppStore and Google Play Store, and offers in-app purchases handled by Apple Inc and Google Inc. for selected features in the ShipAtlas Application Service. By using payment services provided by Apple Inc and Google Inc, you agree to their privacy policies. Read more about Google Play Store: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=privacynotice and App Store: https://www.apple.com/legal/applepayments/privacy-notice/
Google Analytics and Firebase. Maritime Optima AS is using Firebase and Google Analytics for application analytics, improvements, bugfixes, and as our notification service. The transfer of Personal Data to a Firebase or Google Analytics entity outside the EEA area is mainly based on Firebase and Google's Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses. For more information: https://firebase.google.com/support/privacy and https://support.google.com/analytics/answer/9019185#zippy=%2Cin-this-article
Webflow. Maritime Optima AS uses Webflow to host our website and landing pages, for marketing of our product and its features and for the purpose of provide information about the Application Services and its features, and for signing up for our newsletter.
Webflow is owned by Webflow Inc. If they are transferring Personal Data to a Webflow Inc entity outside the EEA area, the transfer is mainly based on Webflow Inc Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses or the Framework. For more information: https://webflow.com/legal/privacy
The Controller hereby grants a general authorization to use these sub-processors. The Controller shall be informed in advance of any replacement of sub-processors or any addition of new sub-processors. The Controller may not reject a new sub-processor without a legitimate reason.
Audits
Each party shall cover their own costs related to audits.
Liability and compensation
The controller and processor shall cover their own administrative fines and other penalties imposed as a result of violations of the data protection laws.
Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation.
A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. The liability is limited and shall only cover direct costs up to a maximum of a 12 months paid subscription fee and shall not cover indirect costs.
In case the processor becomes liable to pay compensation due to circumstances in which the other party is responsible, the responsible party shall make the compensation payment.
Duration of the agreement
The agreement is in force for as long as the Processor processes Personal Data on behalf of the Controller pursuant to the paid subscription agreement.
In the event of a breach of this agreement or data protection laws, the Controller may instruct the Processor to stop further processing of the data with immediate effect by asking the processor to delete his account.
Return, deletion, and/or destruction at the end of the agreement
Upon termination of this agreement, at the choice of the controller, the processor is obliged to delete or return all the personal data to the controller after the end of the provision of services relating to processing and deletes existing copies unless Union or Member State law requires storage of the personal data.
The Controller may require that the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm in writing that the deletion is completed. The deletion shall be carried out no later than 60 days after the agreement is terminated. Deletion means that the Personal Data is permanently deleted from all systems, except from the backup system. Only technical personnel shall have access to the backup system.
Law and legal venue
The law and legal venue are pursuant to the subscription agreement.
Contact us
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails: post@maritimeoptima.com
Active as of 25th of November of July 2022
The Controller’s instructions to the Processor:
Purpose
The controller gives the Processor the instruction to process personal data related to users using the paid application service Maritime Optima on their behalf, according to the terms and conditions described in the ShipAtlas Standard and ShipAtlas Premium Subscription Agreement.
The processors will process Personal Data in order to administer the user account and to be able to provide the ShipAtlas Standard and ShipAtlas Premium Subscription plans as described, as well as develop and improve the ShipAtlas Standard and ShipAtlas Premium Subscription and its security measures.
Categories of personal data
The Personal Data, which is processed, consists of the company name, username, telephone number, and email address.
Categories of data subjects
“The data subject” means an identifiable natural person who may be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number (e-mail or phone number, etc), or location data. The data subject in the ShipAtlas Standard and ShipAtlas Premium Application Services means a user.
“User” means any user of the ShipAtlas Standard Application; all Account Owners, employees of the customers, and any other person that has been granted access to the service by either Maritime Optima AS or the Customer.
Processing activities
In order to use the ShipAtlas Standard and ShipAtlas Premium Application the Processor is authorized to collect and store personal data on behalf of the controller, according to this agreement.
Duration of the agreement
The agreement is in force for as long as the Processor processes Personal Data on behalf of the Controller pursuant to the subscription agreement.
Return, deletion, and/or destruction at the end of the agreement
Upon termination of this agreement, at the choice of the controller, the processor is obliged to delete or return all the personal data to the controller after the end of the provision of services relating to processing and deletes existing copies unless Union or Member State law requires storage of the personal data.
The Controller may require that the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm in writing that the deletion is completed. The deletion shall be carried out no later than 60 days after the agreement is terminated. Deletion means that the Personal Data is permanently deleted from all systems, except from the backup system. Only technical personnel shall have access to the backup system.
End-User Agreement ("Agreement") for all Application Services developed and distributed by Maritime Optima AS
Effective from 25th of August 2022
An end user means any user of any services (products) offered by Maritime Optima AS; all account owners, free users, team members also those who have been invited into a team as an employee, or a person without being an employee or in any contractual relationship with a Customer, and any other person that has been granted access to any Application Services offered by either Maritime Optima AS or a Customer.
Maritime Optima AS develops and distributes two Application Services: ShipAtlas and ShipIntel. Hereby called the Application Services. The Application Services provide different subscription plans.
The End-user Agreement is applicable to all Application Services developed and distributed by Maritime Optima AS.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button and start downloading or using any of the Application Services.
By clicking the "I Agree" button, downloading or using any of the Application Services, you are agreeing to be bound by the terms and conditions of this Agreement. If you disagree with the terms of this Agreement, do not click on the "I Agree" button, and do not download or start using any of the Application Services.
1. Subscriptions
Maritime Optima AS grants you a revocable, non-exclusive, non-transferable, limited right to use any of the Application Services in accordance with the terms of this Agreement.
The user shall use any of the Application Services, only for the purposes specified and agreed on in this Agreement.
2. Intellectual Property Rights
Application Content: You are granted a limited, non-exclusive, revocable license to use the Application Services as described inside the product and on our website: https://www.maritimeoptima.com.
The customer is not granted a right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works, etc. Except for the limited rights expressly granted herein, all right, title, and interest in and to the content of the Application Services distributed by Maritime Optima AS is owned by Maritime Optima AS.
User Content: The user is solely responsible for the content you submit to the Application Services and the consequences of posting such content. In connection with such content, you warrant that you own or have the necessary licenses to use and authorize Maritime Optima AS to use any and all the content that you submit to the Application Services. You shall not submit as part of any such content any material that is copyrighted, protected as a trade secret, or otherwise subject to third-party proprietary rights unless you are the owner of such rights or have permission from the rightful owner.
3. Feedback and unsolicited ideas
If you provide feedback, ideas, or suggestions to Maritime Optima AS in connection with the use of any of the Application Services, you acknowledge that the feedback is not confidential and that Maritime Optima AS has a right to use such feedback without restriction and without payment to you.
You also acknowledge that Maritime Optima AS does not accept unsolicited ideas or materials for content on the Application Services and that Maritime Optima AS is not responsible if the content included on the Application Services is similar to ideas or materials that you have submitted to Maritime Optima AS. You waive any claims against Maritime Optima AS and its licensors in connection with the use of similar ideas or materials.
4. Restrictions
You are responsible for all activities in your account. You shall comply with all laws, regulations, and conventions applicable to you in connection with the use of the Application Services, as well as other laws related to privacy, publicity, data protection, electronic communication, and applicable anti-spam legislation.
You agree not to, and you will not permit others to:
Communication. You are responsible for the content of all communications sent through the Application Services and shall comply with all applicable laws and regulations in connection with the use of the Application Service. You may not use the Application Services to communicate any message or material that:
Use of any bots to crawl or scrape our websites is considered prohibited. We will file police reports on any attempts to do so.
Lease, distribute, license, sell or otherwise commercially exploit The Application Services or make The Application Services available to a third party other than as stated in this Agreement.
In the event you commit any breach of these restrictions, Maritime Optima AS will endeavor to provide you with the opportunity to remove or disable access to the offending material or content.
However, Maritime Optima AS reserves the right to immediately remove, at its sole discretion, any content that is unlawful or offensive without prior notification. In addition to any other rights and remedies under the Agreement and in law, Maritime Optima AS reserves the right to immediately suspend access to the Application Service if such breach, in Maritime Optima AS’s opinion, is illegal or is an imminent threat to the Application Services.
5. Modifications to the Application Services
ShipAtlas
Maritime Optima AS reserves the right to modify, suspend or discontinue, temporarily or permanently, the ShipAtlas free Application Service or its features or any service to which it connects, with or without notice and without liability to you.
Maritime Optima AS reserves the right to modify, temporarily or permanently, the ShipAtlas Standard Application Service or its features or any service to which it connects, with or without notice and without liability to you.
If Maritime Optima AS decides to suspend or discontinue, temporarily or permanently any features in the ShipAtlas Standard Application Service, Maritime Optima AS shall notify you as soon as the decision has been made. Maritime Optima AS shall be able to conduct such changes without liability to you.
ShipIntel
Maritime Optima AS reserves the right to modify, suspend or discontinue, temporarily or permanently, the ShipIntel free Application Service or its features or any service to which it connects, with or without notice and without liability to you.
Maritime Optima AS reserves the right to modify, temporarily or permanently, the ShipIntel Standard Application Service or its features or any service to which it connects, with or without notice and without liability to you.
If Maritime Optima AS decides to suspend or discontinue, temporarily or permanently any features in the ShipIntel Standard Application Service, Maritime Optima AS shall notify you as soon as the decision has been made. Maritime Optima AS shall be able to conduct such changes without liability to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Disclaimer
All data related to vessels, ports, weather, load lines, polar codes, fixtures, and other data presented in different features in the Application Services, are believed to be correct. The data is obtained from various sources and may be subject to frequent updates and changes without prior notice.
However, Maritime Optima AS does not accept any form of liability, neither legally nor financially, for loss (direct or indirect) caused by relying on or using the Application Services, its features, or its data.
Amendments to this Agreement
Maritime Optima AS reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mail: post@maritimeoptima.com
