General terms and conditions of Brain Storm Consult for website use

Brain Storm Consult (BSC) is a data controller pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and for repeal of Directive 95/46/EC (General Data Protection Regulation), and the Personal Data Protection Act.

Upon processing of personal data, BSC abides by the principles established in the General Regulation with regard to data protection: lawfulness, good faith and transparency; restriction of purposes; reducing the data to minimum; accuracy; restriction of storage; integrity, confidentiality and accountability.

With the access to (upload of) the Internet page (Website) of Brain Storm Consult (www.brainstorm.bg), you (the visitor, user) agree to be bound by the present General terms and conditions and all amendments thereto, and undertake to comply with them.

In case you disagree with all General terms and conditions stated herein below, please do not use this website. Since your first visit to the website of BSC, it shall be assumed that the visitor accepts and agrees to comply with these General terms and conditions.

The present General terms and conditions shall only have a binding effect with regard to the relationship between you, as User of the services listed on the website, and BSC.

You shall have the right to use the services of the website only for personal, non-commercial purposes, unless otherwise provided in an explicit agreement.

SECTION ONE

LIABILITIES

BSC shall not be liable in case of use of the resources of the website by the visitors for purposes other than those described in the present General terms and conditions.

BSC is trying to provide to the users correct and precise information but shall not be liable for any damages or losses (direct and/or indirect), incurred as a result of use of this Internet page and the information resources contained therein.

BSC shall not be liable for actions of its users, which deviate from the purposes of the website and violate the ethics in the Internet space, the good manners or the effective legislation. The liability in such cases shall be exclusively of the User who has performed such actions.

BSC shall not be liable for damages caused through the services provided or because of the activities or omissions of the website users towards third parties.

BSC shall not be liable for the content of pages to which it provides links or to which users have published links.

BSC shall not be liable and does not guarantee trustworthiness, comprehensiveness and exhaustiveness of information and/or documents published by the users.

BSC shall not be liable in cases where contents published by a user (news, information resource, etc.), turn to be subject of third party’s copyright. In such cases, after due notification, BSC shall remove the content and undertake actions against the relevant User.

SECTION TWO

PURPOSES OF PROCESSING

BSC processes personal data for the achievement of the following purposes which also reflect the grounds for their processing:

  • performance of legal obligations and powers of BSC;
  • financial reporting;
  • execution of concluded contracts;
  • identification of clients using services of BSC;
  • Human resource management;
  • ensuring access control and preservation of the property of BSC;
  • video surveillance;
  • exercising the rights within the meaning of Regulation (EU) 2016/679 before BSC in the capacity of personal data controller;
  • processing of complaints, alerts and other requests.

By clicking on a link from the homepage of the website www.brainstorm.bg, with exception of that containing the present General terms and conditions, the user makes an electronic declaration of will within the meaning of the Electronic Document and Electronic Signature Act, stating that:

  • he/she wishes to use the services and resources of the website https://www.brainstorm.bg/;
  • he/she is familiar with the present General terms and conditions and undertakes to abide by them until leaving the website.

Within the present General terms and conditions, the terms listed below, shall have the following meaning:

1. “Website” is the entire information, all copyright images, design, texts and other materials and resources, located at https://brainstorm.bg/ or any of its sub-domains.

2. “Link” (reference)” means an object designated in a certain Internet page, enabling reference to another Internet page or object.

3. “User” is any natural person, using any of the services provided on the website

4. “Services” on the website include but are not limited to:

  • access to information resources/data on the website provided through a web browser;
  • access to the information resources/website data (data flows, RSS emissions, electronic tables, etc.) otherwise provided through remote control;
  • receiving e-mail – newsletters from website users;
  • receiving data from visitors of the website using another electronic method.

5. “IP address” is a unique identification number, associating User’s computer, Internet page or resource in a manner enabling their localization in the global Internet network.
6. “Force majeure/accidental event” is а circumstance of extraordinary nature unforeseen as of the time of issuing of the General terms and conditions, which renders the provision of the services objectively impossible.
7. “Malicious attacks from third parties” – an act or omission of third parties, which contradicts the rules of Internet ethics, including but not limited to DoS (Denial of Service), sending of undesired mail, flooding the channels, obtaining access to resources with third parties’ rights and passwords, taking advantage of disorders in the systems for the purpose of personal gain or obtaining information, performing acts which could not be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs, sending “Trojan horses” or causing installation of viruses or remote control systems, obstructing the normal workflow of the other users of the Internet, etc.

SECTION THREE

TYPES OF PROCESSED PERSONAL DATA

BSC processes personal data which could be obtained directly from the data subject or from a third party.

BSC may process different types of data, depending on the purpose of processing, such as:

  • identifiable data (e.g. full name, personal identification number);
  • contact data in order to establish contacts with the data subjects (e.g. telephone number, e-mail, postal address);
  • personal data provided by data controllers in the cases stipulated in the law;
  • video surveillance records, where applicable.

BSC shall be entitled to collect and process information about its Users. The information may contain names, mobile phone numbers, home address, e-mail address, IP address from which the contact is established, etc. The User provides the information voluntarily when using and/or publishing resources. BSC shall take due care of the data (other than personal), which have been provided by the users or have otherwise become known to it, in order to protect them from third parties, except in cases of force majeure or malicious actions of third parties. The procedure is in accordance with Regulation (EU) 2016/679 /GDPR/.

BSC may store cookies on the computer of the User visiting the website. The “cookie” is a small text file stored on the User’s computer for identification of his/her browser during interaction with the BSC website. Cookies may be used for storage of elements such as user preferences, computer specifications (monitor resolution), etc. Each website may send cookies to the browser, if the browser settings allow so. The browser only allows access to the stored information to the website which has stored cookies.

BSC uses cookies for storage of the user preferences and a summarized analysis of the visits and just “remembers” your computer and not any type of personal information about you.

BSC processes the personal data it collects, for the following purposes:

  • To analyze the use of the Website;
  • To respond to inquiries or other correspondence;
  • To provide products and services required by the user;
  • To meet various requirements – legal, regulatory and compliance-related;
  • To investigate any complaints connected with the Website;
  • To administer the Website and render services to its clients.

SECTION FOUR

INTERNET PAGE CONTENT

The Internet page contains texts, images, databases, charts, illustrations, logos, photos, trademarks and other information related to BSC. The content of the Internet page of BSC should not be construed as recommendation or proposal for purchase or sale of any financial instruments. The information contained on this Internet page is not professional, financial or investment advice and may not be used as a basis of making investment decisions.

SECTION FIVE

COPYRIGHT

All rights reserved. All intellectual property rights over the information resources (including but not limited to texts, images, databases, charts, illustrations, logos, photos), materials, software and applications, published on the website, belong to BSC and/or the relevant right holders, if others are indicated. The information resources are subject of protection under the effective Copyright and Related Rights Act. Their unregulated use is a violation of the law and involves civil, administrative and criminal liability, in compliance with the Bulgarian legislation in force.

You may freely publish links to the website, indicating the source and author of the relevant material.

The use of any of the provided resources or services without the explicit written consent of BSC is prohibited.

An exception is only made to statistical data, the use of which is permitted, provided that BSC is explicitly stated as their source.

Where the website contains resources the copyright of which belongs to third parties, this is explicitly stated, with publication of the author’s name and a link to the source.

SECTION SIX

RIGHTS AND OBLIGATIONS OF BSC

BSC shall be entitled to store all the information published by the users (including text, photos, references and other information resources) and to provide it for free and/or paid use by the website users, in strict compliance with all legal provisions and/or internal documents of BSC.

BSC shall be entitled to edit any published content if it does not meet any of the conditions stated in this document, the Internet ethics, the good manners or the legislation in force.

BSC shall have the right to edit texts provided by the users without changing their meaning, aiming to achieve better perception and understanding of the text by the other visitors of the website.

BSC shall be entitled to remove published information at the alert of a supervisory or judicial body, as well as in cases where there are reasonable suspicions of violation of the copyright on certain content published by a User of the services.

BSC undertakes, to the best of its abilities, to ensure normal access for use of the services provided on the website, to registered users as well as to other visitors of the Internet page.

BSC undertakes to store the information provided by the users in a manner, not allowing for its acquisition by third parties except in cases where the purpose of the provided information is its dissemination.

BSC shall be entitled to expand, restrict and change the scope of Services, as well as to change the technology and design of the provided Services.

BSC shall have the right to suspend or permanently terminate particular Services accessible through the Website www.brainstorm.bg by informing the User thereof in his/her User profile or through a message on the relevant Internet page.

BSC shall have the right to send business messages to its Users, for the purpose of offering commercials or information about its own or other business companies’ goods and/or services, to make questionnaires or inquiries on different issues, etc.

SECTION SEVEN

RIGHTS AND OBLIGATIONS OF THE USERS

Each User shall be entitled to free access to the website resources, except in cases where certain information and/or information resource is disseminated by virtue of a paid service agreement.

Each User shall be entitled to registration with one Username and password with the website of BSC, except in cases where by virtue of the effective legislation, internal document or contract with BSC, is entitled to more than one registration.

Each User shall be entitled to access with his/her username and password to the resources provided by the website against registration.

Each User shall have the right of protection of the data, information and all resources available on the website.

Each User shall be obliged to abide by the General terms and conditions, the ethics in the Internet space, the good manners and the legislation of the Republic of Bulgaria as regards to the use of the services provided by BSC and its resources.

When it refers to access to paid services or services with restricted access, each User shall be obliged to protect his/her user data from other persons for the purpose of prevention of unauthorized access of third parties to the information resources on the website.

Each User, before publishing texts or other resources on the website, should be convinced of their trustworthiness and completeness.

SECTION EIGHT

GENERAL PRINCIPLES OF BSC FOR PERSONAL DATA PROTECTION

BSC shall keep confidential the data provided by the users of our Website. We insist on protection of the information related to identifiable persons (“personal data”), provided to us in connection with the Website.

Our Website may include links to other websites which are beyond our control. BSC shall not be liable for the policies and practices of other websites in terms of personal data protection. We may also provide links to other websites exploited by BSC or BSC affiliates, which apply other personal data policies. If you access such websites through our Website, you should familiarize yourselves with their policies in order to understand how they collect, use and share your information.

BSC may use the collected information for administration purposes and improvement of the Website, analysis of tendencies and gathering general demographic information. BSC may transfer such information to third parties.

Any information you send us upon application for work, shall be used for recruitment purposes; if your application is approved, the relevant information shall be used by us for facilitation and maintenance of the relationship between employer and employee.

BSC uses the services of third parties for support of certain activities, including hosting and maintenance of the website, communications, analyses, personnel selection. In some cases such third parties may gain access to your data. However, BSC shall always control and be responsible towards the use of your data.

Some pages on our Website and e-mails sent by us may contain electronic images, known as web beacons (sometimes called “transparent GIF files”), which enable us to count the number of people who have visited these pages or read our e-mails. Web beacons collect only limited amount of information, including biscuit number, time and date of visit, description of the page where the beacon is located. They do not transfer personal data and are only used to track the efficiency of a particular campaign.

We store the whole information we have collected about you, until you request us to change or delete your personal data, or as long as permissible by the effective legislation.

You can review, revise, correct, update or change your personal data at any time by contacting us at e-mail: gdpr@brainstorm.bg. Your rights for such access or for a change in your data may be limited by the legislation in force.

If upon registration with the Website you have chosen to receive newsletter, commercial e-mails or other materials from BSC, our affiliates or third parties, but later you change your mind, you can withdraw your consent by contacting us at the following e-mail: gdpr@brainstorm.bg.

BSC adopts measures for protection of your personal data against accidental loss or unregulated access, use, change or disclosure. Moreover, we take additional measures for information security, including access control, strict physical protection and reliable practices for collection, storage and processing of information. Internet, however, is an open system and BSC cannot guarantee that these measures could not be overcome or that your personal data could not be unlawfully used by unauthorized third parties.

BSC operates in many places of the world and may transfer parts of your information to countries outside yours as well as outside the European Economic Area. Some of those countries may not have equivalent data protection legislation. By providing your information on the Website, you agree to such transfers. When transferring your information abroad, BSC shall comply with the effective legislation for personal data protection and shall make reasonable efforts to guarantee that your information shall remain properly protected.

SECTION NINE

AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

The General terms and conditions are always accessible at www.brainstorm.bg, and BSC shall be entitled to amend and supplement them at any time. Upon amendment of the General terms and conditions the latter shall be published on the website and you should consider yourselves informed about the changes with your next visit to the Website.

SECTION TEN

DISPUTE RESOLUTION

All disputes between the parties to the present General terms and conditions shall be resolved through immediate negotiations between them. In case of inability to reach an agreement, each party may request the cooperation of the competent judicial bodies.

SECTION ELEVEN

APPLICABLE LAW

For the implementation and interpretation of the present General terms and conditions, as well as for any other issues not settled in the present General terms and conditions, the Bulgarian legislation shall apply.

The present General terms and conditions were adopted and became effective as of 2018.

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