Frida Procurement Terms of Service

 

1. Introduction

These Terms of Service ("Terms") govern your use of the Frida Procurement platform ("Platform") and any associated services provided by Frida Procurement Inc. ("Frida Procurement", "we", "us", or "our"). By using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. License to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your internal business purposes only.

3. User Accounts and Security

To access certain features of the Platform, you may be required to create an account ("Account"). You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

4. Disclaimers and Limitation of Liability

(a) No Warranty: The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or completely secure.

(b) No Liability for Errors: We make no representations or warranties regarding the accuracy or completeness of the information provided through the Platform. Users should always confirm the data in their original price lists. We shall not be liable for any mistakes, inaccuracies, or omissions in the information provided, including those related to market trends, internal communication, or purchase orders generated by the PO Creator.

(c) Limitation of Liability: In no event shall we, our officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, business interruption, loss of data, or any other damages arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages.

(d) No Liability for Unavailability: We are not responsible for any consequences arising from the Platform being unavailable due to internet infrastructure or other reasons beyond our control.

5. Fees and Payment

Fees for using the Platform are non-refundable, unless otherwise specified in a separate agreement. You agree to pay all fees and charges specified, and you authorize us to charge your chosen payment method for such fees and charges.

6. Data Usage

You grant us the right to use all data collected through the Platform, including data from market trends, internal communication, and any other features. We may use this data for any purpose, including but not limited to anonymized aggregation and future development of the Platform.

7. Termination

We may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, you must cease all use of the Platform and destroy all copies of any materials obtained through your use of the Platform.

8. Miscellaneous

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Frida Procurement is incorporated, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in the same jurisdiction, in accordance with the rules of the applicable arbitration association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall negotiate in good faith to substitute a valid, legal, and enforceable provision that achieves the original intent of the parties.

11. No Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, civil disturbances, government actions, or failures of third-party service providers.

13. Indemnification

You agree to indemnify, defend, and hold harmless Frida Procurement, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

14. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at the email address or physical address provided on the Platform or through our official channels.

Frida Procurement Privacy Statement

 

1. Introduction

This Privacy Statement ("Statement") explains how Frida Procurement Inc. ("Frida Procurement", "we", "us", or "our") collects, uses, and shares your personal information when you use our platform ("Platform"). By using the Platform, you agree to the collection and use of your personal information in accordance with this Statement.

2. Information We Collect

We may collect the following types of information from you when you use the Platform:

(a) Personal Information: This includes information that can be used to identify you, such as your name, email address, phone number, company name, and payment information.

(b) Usage Data: This includes information about your use of the Platform, such as your interactions with the Platform, time spent on the Platform, and other usage statistics.

(c) Communications Data: This includes information from the internal communication feature of the Platform, such as messages, attachments, and other content shared between users.

(d) Other Data: This includes any other information you provide to us or that we collect through your use of the Platform, such as data related to market trends and purchase orders generated by the PO Creator.

3. How We Use Your Information

We may use your personal information for various purposes, including but not limited to:

(a) Providing and maintaining the Platform; (b) Improving the Platform and developing new features; (c) Communicating with you about the Platform and your account; (d) Analyzing usage data and trends to better understand user needs; (e) Aggregating and anonymizing data for various purposes, including research, development, and marketing; and (f) Any other purpose consistent with this Statement or applicable law.

4. Sharing Your Information

We may share your personal information with third parties in the following circumstances:

(a) To provide, maintain, and improve the Platform; (b) To comply with legal obligations or protect our rights and interests; (c) With your consent, or at your direction; and (d) As part of an aggregated and anonymized dataset, which may be used for various purposes as described in this Statement.

5. Data Retention and Security

We take reasonable steps to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your personal information.

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Statement, unless a longer retention period is required or permitted by law.

6. Your Rights and Choices

You have certain rights and choices with respect to your personal information, including the right to access, update, or delete your information, subject to applicable laws and regulations. To exercise your rights or update your preferences, please contact us using the contact information provided in the Platform or through our official channels.

7. Changes to This Statement

We reserve the right to update or modify this Statement at any time without prior notice. Your continued use of the Platform after any such changes constitutes your acceptance of the new Statement. We encourage you to review this Statement periodically.

8. Contact Us

If you have any questions or concerns regarding this Statement or our privacy practices, please contact us at the email address or physical address provided on the Platform or through our official channels.

9. International Data Transfers

Your personal information may be transferred to, stored in, or processed in countries other than the country in which you reside. These countries may have data protection laws that are different from those of your country. By using the Platform, you consent to the transfer, storage, and processing of your personal information in such countries, in accordance with this Statement and applicable laws.

10. Third-Party Links and Services

The Platform may contain links to third-party websites or services that are not operated or controlled by us. This Statement does not apply to such third-party websites or services, and we are not responsible for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the privacy policies of any third-party websites or services that you visit or use.

11. Children's Privacy

The Platform is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please do not use the Platform or provide any personal information to us.

12. California Privacy Rights

If you are a California resident, you may have certain rights under the California Consumer Privacy Act ("CCPA"), such as the right to know what personal information we collect, the purposes for which we use it, and the categories of third parties with whom we share it. You may also have the right to request deletion of your personal information, subject to certain exceptions. To exercise your rights under the CCPA or to learn more about the CCPA, please contact us using the contact information provided in the Platform or through our official channels.

13. GDPR Compliance

If you are a resident of the European Economic Area ("EEA") or the United Kingdom, you may have certain rights under the General Data Protection Regulation ("GDPR"), such as the right to access, rectify, or erase your personal information, and the right to restrict or object to the processing of your personal information. To exercise your rights under the GDPR or to learn more about the GDPR, please contact us using the contact information provided in the Platform or through our official channels.

14. Contact Information for Data Protection Officer

If you have any concerns or questions about our privacy practices, you may contact our Data Protection Officer at the email address or physical address provided on the Platform or through our official channels.

15. Notification of Data Breach

In the event of a data breach involving your personal information, we will notify you and the appropriate authorities as required by applicable law. We will take all reasonable steps to mitigate the effects of the breach and prevent further unauthorized access, use, or disclosure of your personal information.

16. Data Protection Impact Assessment

We may conduct a Data Protection Impact Assessment ("DPIA") as needed to evaluate the potential risks and mitigating measures associated with the processing of your personal information. We will take appropriate steps to address any identified risks and implement necessary safeguards to protect your personal information in accordance with applicable laws and regulations.

17. Cookies and Similar Technologies

We may use cookies, web beacons, and similar technologies to collect information about your use of the Platform, for purposes such as improving the Platform, understanding user preferences, and delivering personalized content and advertisements. You may manage your cookie preferences through your browser settings or by contacting us using the contact information provided in the Platform or through our official channels.

18. Do Not Track

"Do Not Track" is a privacy preference that users can set in certain web browsers. We do not currently respond to "Do Not Track" signals or similar mechanisms.

19. Privacy by Design and Default

We are committed to implementing privacy by design and default principles in the development and operation of the Platform. This means that we consider privacy and data protection issues throughout the design process and default settings of the Platform, and we strive to minimize the collection, use, and disclosure of personal information to the extent necessary to achieve the purposes described in this Statement.

20. Complaints and Dispute Resolution

If you have any complaints about our privacy practices or believe that your privacy rights have been violated, please contact us using the contact information provided in the Platform or through our official channels. We will work with you to address your concerns and resolve any disputes in accordance with applicable laws and regulations.

If you are a resident of the EEA or the United Kingdom and are not satisfied with our response to your complaint, you may have the right to lodge a complaint with your local data protection authority.

21. Contact Information for Supervisory Authority

If you are a resident of the EEA or the United Kingdom and wish to lodge a complaint with your local data protection authority, you may find their contact information through the European Data Protection Board's website or the United Kingdom Information Commissioner's Office website.

22. Changes to Your Personal Information

It is important that the personal information we hold about you is accurate and up-to-date. Please inform us of any changes to your personal information as soon as possible by updating your account settings or contacting us using the contact information provided in the Platform or through our official channels.

23. Data Portability

You may have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format, and to transmit that information to another data controller, in accordance with applicable laws and regulations. To exercise your right to data portability, please contact us using the contact information provided in the Platform or through our official channels.

24. Automated Decision-Making and Profiling

We may use automated decision-making and profiling technologies to analyze your personal information and deliver personalized content and advertisements, in accordance with applicable laws and regulations. You may have the right to object to automated decision-making and profiling that has legal or similarly significant effects on you, and to request human intervention or challenge the decision, in accordance with applicable laws and regulations. To exercise your rights in this regard, please contact us using the contact information provided in the Platform or through our official channels.

25. Consent to Electronic Communications

By using the Platform, you consent to receive electronic communications from us, including emails, notifications, and other messages, in accordance with applicable laws and regulations. You may opt out of receiving certain types of electronic communications by updating your account settings or contacting us using the contact information provided in the Platform or through our official channels.

26. Retention of Anonymized Data

While we will retain your personal information for as long as necessary to fulfill the purposes outlined in this Statement, we may retain aggregated and anonymized data indefinitely, for purposes such as research, development, and marketing. Aggregated and anonymized data cannot be used to identify you and is not subject to the rights and protections described in this Statement.

27. Additional Privacy Information

If you have any additional questions or concerns about our privacy practices, or if you would like to request further information about our data processing activities, please contact us using the contact information provided in the Platform or through our official channels.

28. Third-Party Data Processors

We may engage third-party data processors to process your personal information on our behalf, in accordance with our instructions and in compliance with this Statement and applicable laws and regulations. We require all third-party data processors to implement appropriate technical and organizational measures to protect the security and confidentiality of your personal information.

29. Data Minimization

We are committed to the principle of data minimization, which means that we only collect, use, and retain the minimum amount of personal information necessary to achieve the purposes described in this Statement. We regularly review our data processing activities to ensure that we adhere to this principle and comply with applicable laws and regulations.

30. Privacy Training and Awareness

We provide regular privacy training and awareness programs for our employees, contractors, and other individuals who have access to your personal information, to ensure that they understand their responsibilities in relation to data protection and are equipped to handle your personal information in accordance with this Statement and applicable laws and regulations.

31. Data Processing Agreement

If you are a customer of Frida Procurement and are subject to data protection laws and regulations that require a data processing agreement between you and us, please contact us using the contact information provided in the Platform or through our official channels, and we will provide you with a suitable data processing agreement.

32. Additional Terms and Conditions

Your use of the Platform is also subject to our Terms of Service, which may include additional terms and conditions that apply to your use of the Platform and your personal information. In the event of any conflict between this Statement and the Terms of Service, the terms of this Statement shall prevail.

33. Interpretation

Any capitalized terms used but not defined in this Statement shall have the meanings given to them in the Terms of Service. In the event of any ambiguity or inconsistency between this Statement and any translation thereof, the English version of this Statement shall prevail.

34. Effective Date and Updates

This Statement is effective as of the date indicated at the beginning of the document. We may update or modify this Statement from time to time. We will post any changes to this Statement on the Platform and update the effective date accordingly. Your continued use of the Platform after any changes to this Statement constitutes your acceptance of the updated Statement.

35. Severability

If any provision of this Statement is found to be invalid or unenforceable under applicable law, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Statement. The remaining provisions of this Statement shall continue in full force and effect.

36. No Waiver

Our failure to enforce any right or provision of this Statement shall not be deemed a waiver of such right or provision. Any waiver of any right or provision of this Statement must be in writing and signed by an authorized representative of Frida Procurement.

37. Governing Law and Jurisdiction

This Statement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the jurisdiction in which Frida Procurement is incorporated, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction to resolve any disputes arising out of or in connection with this Statement or your use of the Platform.

38. Assignment

We may assign our rights and obligations under this Statement without your consent, including in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign your rights and obligations under this Statement without our prior written consent.

39. Entire Agreement

This Statement, together with the Terms of Service and any other agreements expressly incorporated by reference, constitutes the entire agreement between you and Frida Procurement with respect to the subject matter of this Statement, and supersedes all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether oral or written, between you and Frida Procurement with respect to the subject matter of this Statement.

40. Contact Information

If you have any questions, concerns, or feedback regarding this Statement or our privacy practices, please contact us using the contact information provided in the Platform or through our official channels. We will make every effort to respond to your inquiry in a timely manner and address any concerns you may have.

41. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Statement or the Terms of Service due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, strikes, government actions, or telecommunications failures.

42. Survival

The provisions of this Statement that by their nature are intended to survive the termination or expiration of this Statement, including but not limited to provisions regarding data retention, data protection, and dispute resolution, shall continue in full force and effect after the termination or expiration of this Statement.

43. Headings

The headings used in this Statement are for convenience only and shall not be used to interpret, construe, or affect the meaning or interpretation of this Statement.

44. Notices

Any notices or other communications required or permitted under this Statement shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, postage prepaid, or sent by email to the email address you provided in connection with your use of the Platform or the email address we provided in the Platform or through our official channels, as applicable.

45. Relationship of the Parties

Nothing in this Statement shall create, or be deemed to create, a partnership, joint venture, agency, or employer-employee relationship between you and Frida Procurement. You and Frida Procurement are independent contractors, and neither party has any authority to bind or commit the other party in any way.

By using the Frida Procurement Platform, you acknowledge that you have read, understood, and agree to be bound by this Privacy Statement. If you do not agree with any provision of this Statement, please do not use the Platform or provide any personal information to us.

We appreciate your attention to the details outlined in this Privacy Statement and the Terms of Service. By adhering to these guidelines, we can work together to create a secure and reliable platform for all users.

As Frida Procurement continues to grow and evolve, we will remain committed to maintaining the highest standards in data protection and user privacy. We encourage you to periodically review our Privacy Statement and Terms of Service for any updates, as your continued use of the Platform constitutes your acceptance of any changes.

If you have any further questions, concerns, or require clarification on any aspect of our Privacy Statement or Terms of Service, please do not hesitate to contact us using the information provided in the Platform or through our official channels. Our team is dedicated to addressing your inquiries in a timely and efficient manner.

Thank you for choosing Frida Procurement, and we look forward to providing you with a world-class procurement platform experience.