Effective from: 8th of December 2024
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 several paid subscription plans.
This agreement regulates the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services.
This Subscription agreement (the “Agreement”) has been entered into by the Customer and Maritime Optima AS and is applicable to the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services.
The Free ShipAtlas subscription plan, and any type of paid ShipAtlas Subscription plans of the ShipAtlas Application Service have been developed and adapted by Maritime Optima AS. This Agreement governs the Customer's use of the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services.
Should any provision of this Agreement be pronounced invalid or illegal, or if a provision cannot be enforced for any reason, 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 inside the free 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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services, 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 Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services. A controller is a natural or legal person who determines the purposes and means of the processing of personal data.
“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
Maritime Optima AS may receive the information directly from the customer who registers for the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services on a person's behalf.
“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 unlock” means a ShipAtlas paid subscription offered inside the ShipAtlas Free Application Service. The paid services have different lengths and prices.
“ShipAtlas Standard Application Service” means a ShipAtlas paid subscription offered inside the ShipAtlas Free Application Service. The paid services have different lengths and prices.
“ShipAtlas Premium Application Service” means a ShipAtlas paid subscription offered inside the ShipAtlas Free Application Service. The paid services have different lengths and prices.
“ShipAtlas Application Services” means any type of a ShipAtlas Subscription whether it is free or paid Subscriptions.
“Paid ShipAtlas Subscription Application Service” means any type of a paid Subscription ShipAtlas Subscription Plan.
"User Content" means data for application analytics, product settings, and the usage of the application that the User submits to the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services.
“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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas 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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services available to the Customer, in accordance with this Agreement during the term of this Agreement. The functions available in the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas 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 you about which devices are compatible for using 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. 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.
Availability. Maritime Optima AS aims to make the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services 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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services with 99.9% uptime. The Customer is advised that even if this is Maritime Optima’s goal, the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services is provided "as is" without any warranty (see clause 10), and downtime may occur.
4. The Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services specific requirements
Maritime Optima AS offers software and web applications that allow the Customer to access the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services on their mobile devices, tablets, and desktop computers using browsers such as Chromium-based browsers, Apple Safari, Bing, and Firefox (we do not support Firefox on Linux machines).
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.
Browsers, operating systems, and device requirements may be changed, and information on which requirements apply at any time is available on our web pages: https://www.maritimeoptima.com/.
The Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services 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.
7. Prices
The prices for the paid Subscriptions are indicated on our web pages and in the upgrade/order confirmation inside the ShipAtlas Free Application Service.
Maritime Optima AS charges 12 months, 6 months, 3 months, 1 month or weeks in advance, pending the selected subscription term. On the web we offer 12 - 6 months and 3 months subscriptions. We do not provide any refund during the selected paid subscription term if you pay via Stripe.
For the ShipAtlas mobile application service we offer different subscriptions terms pending on the policies of Google and Apple. Refund is according to Apple’s and Google’s terms and conditions. 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 Google Play Store. The features will be unlocked when the credit provider (Stripe), Apple, or Google confirms the credit card payment.
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 any deduction or withholding. Fees and charges for any new service or feature of the ShipAtlas Service Application will be effective when Maritime Optima AS posts updated fees and charges in our newsletters or web pages.
Maritime Optima AS may increase or add new fees and charges for the existing ShipAtlas Application Service, applicable from the next renewal date. If such an increase is decided, the price increase will be announced on the website when decided, and be applicable from the next subscription renewal date.
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 ordered paid ShipAtlas Subscription 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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services, 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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services, 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 Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services or associated documentation.
B- Modify, translate, or create derivative products based on the ShipAtlas Application Service subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services
C- Create any link to the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services or mirror any content contained in, or accessible to the Customer from, the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services.
D- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services; or
E- Access the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services in order to (a) build a competitive product or service or (b) copy any ideas, features, functions, or designs of the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services.
Application Content: You are granted a limited, non-exclusive, revocable license to use the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services as described inside the ShipAtlas Application Services 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 rights, titles, and interests in and to the content of the ShipAtlas Subscription Application Services, whether it is free or paid subscriptions, 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 the paid Subscription plan they prefer, and the person registering the account will become an Account Owner.
A paid ShipAtlas subscription plan 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 paid 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 an Owner terminates his paid ShipAtlas subscription plan, he/she will be transferred into a free ShipAtlas Application Service subscription plan.
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 Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services is available at any time on Maritime Optima AS' web pages. Such information will be updated from time to time.
Disclaimer. The Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services are software application services subscribed to ”as is.” Maritime Optima AS does not undertake to develop the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services further with new content, even if this is what the Customer wants. Maritime Optima AS does not guarantee that all the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services errors can or will be corrected.
Maritime Optima AS does not warrant that the functions contained in the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services will meet the Account Owner’s requirements or that the operation of the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services will be uninterrupted or error-free.
All public data related to vessels, ports, weather, loadline lines, polar codes, and other data presented in different features in the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas 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 and using the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services.
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 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 Application service when the Agreement was entered into. Such charges and changes will be applicable immediately on the free ShipAtlas Subscription Plan and from the next renewal date on the paid ShipAtlas subscription Plans.
The Customer shall provide sufficient support and training to the User of the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services before the User is granted access to the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services. 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 Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services.
12. General provisions
This Agreement, the privacy document, the data processor agreement and the end-user 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; 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 to a third party without the other party's written consent.
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.
Maritime Optima AS
Contact us:
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails: post@maritimeoptima.com
Appendix 1 - Data processor agreement
Maritime Optima AS - Data processor agreement
Effective from: 2nd of April 2024
Purpose
The Customer, hereafter referred to as the “Controller,” has entered into a paid subscription 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.
This Data processing Agreement relates to ShipAtlas Application Services.
Definitions
The controller: The customer who has entered into a paid subscription to the ShipIntel Application Service. A controller is a natural or legal person who determines the purposes and means of processing personal data.
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: This 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:
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.
The scope of the Processor’s duty to provide assistance to the Controller under j) shall consider the nature of the processing and the information available to the Processor. Notification routines In the event of a Personal Data breach, the Processor shall notify the Controller without delay. The notification shall at least describe the following:
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 includes the transfer of personal data:
Microsoft Azure (Azure): The Personal Data we collect from you is stored in our European data processing center. Microsoft operates this data center, 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.
Customers using the Microsoft Office 365 and support the Microsoft Entra protocol, can ask their employees to use their company’s Microsoft subscription to login to their employees ShipIntel subscriptions. Then they are following the Microsoft policies of the company.
Intercom. Maritime Optima AS is using Intercom.io, for the purpose of hosting the Knowledge Guides and chat on the public website and for customer suport. The transfer of Personal Data to an Intercom.io entity outside the EEA area is mainly based on Intercom.io Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses. For more information: https://www.intercom.com/legal/privacy.
Google Analytics and Firebase. Maritime Optima AS is using Firebase and Google Analytics for application analytics, improvements, bug fixes, 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 for the purpose of hosting our website and landing pages, for marketing our product and its features and for the purpose of providing information about the Application Service and its features, and for signing up for newsletters. 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.
In-App purchases. Maritime Optima AS distributes applications 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/
RevenueCat. The ShipAtlas Application Services is using Revenue Cat to manage the subscriptions. The transfer of Personal Data to a RevenueCat entity outside the EEA area is mainly based on RevenueCat’s Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses.
For more information: https://www.revenuecat.com/privacy/
The Controller hereby grants 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 legitimate reason.
Audits
Each party shall cover its 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 the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm that the deletion is completed in writing. 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.
Maritime Optima AS
Contact us:
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails must be sent to: sales@maritimeoptima.com
Appendix 2- Data Processing instructions
Effective from: 2nd of April 2024
The Controller’s instructions to the Processor:
Purpose
The controller instructs the Processor to process personal data related to users using the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services, according to the terms and conditions described in the Free ShipAtlas subscription plan or all types of paid subscription plans.
The processors will process Personal Data in order to administer the user account and to be able to provide the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services plans as described, as well as develop and improve the Free ShipAtlas subscription plan and all types of paid subscription plans as a part of the ShipAtlas Application Services 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 Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services means a user.
“User” means any user of the Free ShipAtlas subscription plan and all types of paid subscription plans as a part 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.
Processing activities
In order to use the Free ShipAtlas subscription plan or all types of paid subscription plans as a part of the ShipAtlas Application Services 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 the storage of the personal data.
The Controller may require the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm that the deletion is completed in writing. 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.
Appendix 3 - End user agreement
End-User Agreement ("Agreement") for the ShipAtlas Application Services developed and distributed by Maritime Optima AS
Effective from: 2nd of April 2024
Maritime Optima AS develops and distributes two Application Services: ShipAtlas and ShipIntel. This end user Agreements regulate the ShipAtlas Application Service. The ShipAtlas Application Services provide different subscription plans.
An end user means any user of the ShipAtlas Application Service offered by Maritime Optima AS; all account owners, free users and users using a paid subscription in the ShipAtlas Application Services.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button and start downloading or using the ShipAtlas Application Services.
By clicking the "I Agree" button, downloading, or using any of the ShipAtlas Application Services, you agree 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.
Maritime Optima AS grants you a revocable, non-exclusive, non-transferable, limited right to use any of the ShipAtlas Application Services in accordance with the terms of this Agreement.
The user shall use any of the ShipAtlas Application Services only for the purposes specified and agreed on in this Agreement.
Application Content: You are granted a limited, non-exclusive, revocable license to use the ShipAtlas Application Services as described inside the product and on our website: https://www.maritimeoptima.com/shipatlas
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 ShipAtlas 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 ShipAtlas 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 all the content you submit to the ShipAtlas 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.
If you provide feedback, ideas, or suggestions for features improvements or new features to Maritime Optima AS in connection with the use of any of the ShipAtlas 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 payment to you.
You also acknowledge that Maritime Optima AS does not accept unsolicited ideas or materials for features on the ShipAtlas Application Services and that Maritime Optima AS is not responsible if the content included on the ShipAtlas 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.
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 ShipAtlas Application Services and 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 ShipAtlas Application Services. You shall comply with all applicable laws and regulations in connection with the use of the ShipAtlas Application Service. You may not use the ShipAtlas Application Services to communicate any message or material that:
would otherwise give rise to civil liability.
Use of any bots to crawl or scrape our websites is considered prohibited. We will file police reports on any attempts to do so. Reverse engineering the ShipAtlas server APIs or directly accessing said APIs through other means than manual use of the ShipAtlas applications constitutes a breach of terms. Maritime Optima may in such cases discontinue the service without compensation or refund, at our discretion. You are not allowed to lease, distribute, license, sell, or otherwise commercially exploit The ShipAtlas Application Services or make The ShipAtlas Application Services available to a third party other than as stated in this Agreement. If you breach 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 unlawful or offensive content 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 ShipAtlas Application Service if such breach, in Maritime Optima AS’s opinion, is illegal or is an imminent threat to the ShipAtlas Application Services.
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 free, Standard and Premium Application Service or its features or any other paid services, or any service to which it connects, with or without notice and without liability to you. However, if Maritime Optima AS decides to suspend or discontinue, temporarily or permanently, any features in the ShipAtlas Standard or Premium Application Service, Maritime Optima AS shall notify you as soon as possible. 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, loadline lines, polar codes, fixtures, and other data presented in different features in the ShipAtlas 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 ShipAtlas 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 45B, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails: post@maritimeoptima.com
