Terms of Use

We are about data privacy and security. By Using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you access the App from the European Union, Asia or any other region of the World with laes or other requirement governing Personal data collection, use, or disclosure that Differ from applicable laws of the Federal Republic of Nigeria then through your continued Use of the App or services, you are transferring Your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria. further, we do not knowingly accept, Request, or solicit information from children or Knowingly market to children. SMS & EMAIL COMMUNICATION: “by signing up for ALONG THE WAY DATING SITE using your email address or phone number, you are consenting to receive SMS and email communication from us regarding your account, updates, Special offers, and promotions. You may opt-out of these communication at any time by updating your account settings or by following the unsubscribe instruction in the messages we send. Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to [Informal Negotiations and] Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and binding arbitration: 1. COPYRIGHT INFRINGEMENTS We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney. 2. TERM AND TERMINATION These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SULL DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. DISPUTE RESOLUTION Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Nigeria, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. Disputes seeking to enforce or protect, or concerning the validity of any of the intellectual property rights of a party: (b) any disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use: and (c) any claim for injunctive relief, if this provision is found to be illegal arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by the court of competent jurisdiction above, and the parties agree to submit to the personal jurisdiction of the court. 2.1. “Special Category Data” Means ALONG THE WAY DATING SITE Customer Personal Data which relates to an individual's racial/ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health, sexual life, biometric data (if used for the purpose of uniquely identifying an individual) or genetic data. 3. Appointment and Instructions: 3.1. ALONG THE WAY DATING SITE shall Process Customer Personal Data as necessary to provide the Services and to meet ALONG THE WAY DATING SITE’s obligations under this DPSA,the Agreement, and applicable Privacy Law as a service provider and Processor of Customer Personal Data. Details of the Processing including the subject matter, purpose and duration of the Processing the types of personal data and categories of data to whom the data are herein set out. 3.2. ALONG THE WAY DATING SITE shall Process Customer Personal Data in accordance with Customer’s instructions as set out in this DPSA, the Agreement, or other documented instructions between HPE and Customer. Potential costs and charges associated with such additional instructions shall be agreed pursuant to the terms of the Agreement. 3.3. ALONG THE WAY DATING SITE may Process Customer Personal Data other than on the instructions of Customer if it is required under law applicable to ALONG THE WAY DATING SITE. In this situation, ALONG THE WAY DATING SITE shall inform Customer of such a requirement before HPE Processes Customer Personal Data unless the law prohibits this on important grounds of public interest. If ALONG THE WAY DATING SITE is unable to comply with Customer’s instructions or this DPSA due to changes in legislation or, if HPE believes (without having to conduct a comprehensive legal analysis) that any instruction from Customer will violate applicable law or for any other reason, HPE shall promptly notify Customer in writing. 3.4. HPE acknowledges that HPE has no right, title, or interest in Customer Personal Data (including all intellectual property or proprietary information contained therein). ALONG THE WAY DATING SITE may not sell, rent, or lease Customer Personal Data to anyone. 3.5. If Customer uses the Services to Process any categories of data not expressly covered by this DPSA, Customer acts at its own risk and HPE shall not be responsible for any potential compliance deficits related to such use. 4. Compliance with laws 4.1. The Parties shall at all times comply with their respective obligations under this DPSA and Privacy Laws that apply to their respective processing of Personal Data. In addition, if ALONG THE WAY DATING SITE interacts with Protected Health Information as defined under the Health Insurance Privacy and Portability Act, the parties agree to comply with the terms of the Business Associate Agreement found at 4.2. ALONG THE WAY DATING SITE shall also comply with all applicable laws and ALONG THE WAY DATING SITE’s privacy policy with respect to the Processing of Business Contact Data and use Business Contact Data only for legitimate business purposes, including, without limitation, invoicing, collections, service usage monitoring and optimization, service improvements, maintenance, support, communications relating to contract renewals (directly or through a subprocessor acting on HPE’s behalf or an HPE approved reseller for contract renewal purposes), and information about new and additional services. 4.3. Where ALONG THE WAY DATING SITE discloses its personnel’s personal data to Customer or ALONG THE WAY DATING SITE personnel provide their personal data directly to Customer, which Customer Processes to manage its use of the Services, Customer shall Process that data in accordance with its privacy policies and applicable Privacy Laws. Such disclosures shall be made by HPE only where lawful for the purposes of contract management, service management, or Customer’s reasonable and lawful background screening verification or security purposes. 5. Security 5.1. ALONG THE WAY DATING SITE shall implement and maintain the physical, technical, and organizational security measures herein set out, as may be supplemented or modified in the applicable transaction document, to protect Customer Personal Data and Business Contact Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure, or access. 5.2. Customer acknowledges that HPE may change the security measures through the adoption of new or enhanced security ALONG THE WAY DATING SITE AGREEMENT SCHEDULE ALONG THE WAY DATING SITE DATA PRIVACY AND SECURITY ADDENDUM technologies and authorises HPE to make such changes provided that they do not diminish the level of protection. HPE shall make information about the most up to date security measures applicable to the Services available to Customer upon request. 6. Subprocessing and Location of Processing 6.1. Customer authorises ALONG THE WAY DATING SITE to engage affiliated and unaffiliated subprocessors (“Subprocessors”) to perform some or all of its obligations under the Agreement. Only where necessary to provide the Services, HPE will provide its Subprocessors with access to Customer Personal Data. 6.2. The Subprocessors, if any, applicable to the Services and location of processing can be found at alongthewaydatingsite@gmail.com and are deemed as approved by Customer. Customer will subscribe to ALONG THE WAY DATING SITE’s notification tool on the above website, and in the event of changes to approved Subprocessors, ALONG THE WAY DATING SITE will notify Customer via the notice subscription tool. Customer shall have ten (10) business days from receipt of the information on Subprocessors to object to the appointment or replacement of a Subprocessor, and the parties shall use all reasonable endeavours to resolve Customer’s objection. If the parties fail to resolve Customer’s objection within a reasonable period of time, the matter shall be addressed pursuant to the dispute resolution procedure in the Agreement. In case and customer fail to agree on an amicable resolution to the proposed subprocessor change, ALONG THE WAY DATING SITE shall have a right to terminate the contract without further obligations. 6.3. ALONG THE WAY DATING SITE shall conduct appropriate due diligence of its Subprocessors and execute valid, enforceable, and written contracts with Subprocessors requiring the Subprocessor to abide by terms no less protective than those in this DPSA regarding the Processing and protection of Customer Personal Data (including the privacy and security terms substantially similar to those in ALONG THE WAY DATING SITE Binding Corporate Rules for Processors and/or Nigerian Model Contract terms relating to data importers in the case of an onward transfer of Nigeria. 6.4. ALONG THE WAY DATING SITE remains responsible for the acts and omissions of the affiliates and Subprocessors it engages to provide the Services to Customers giving rise to a breach of this DPSA as if they were its own acts or omissions. 7. Audit and Assurance 7.1. ALONG THE WAY DATING SITE shall arrange for audits of ALONG THE WAY DATING SITE’s data Processing and protection practices to confirm compliance with applicable Privacy Law by reputable third-party auditors and provide Customer with a report summary and additional information on request. 7.2. Customer shall have the right to conduct additional audits of HPE’s compliance with its obligations under this DPSA in accordance with the Agreement. The audit rights are generally exercised in consultation with ALONG THE WAY DATING SITE. ALONG THE WAY DATING SITE is obliged to assist Customer in such audits and any audits of the competent authorities. These audits must be carried out in consideration of the business processes and ALONG THE WAY DATING SITE’s need for security and confidentiality. 7.3. Certain information about HPE’s security standards and practices are sensitive confidential information which will not be disclosed by ALONG THE WAY DATING SITE to Customer. Upon request, ALONG THE WAY DATING SITE agrees to respond, no more than once per year, to a reasonable information security questionnaire concerning security practices specific to the Services provided hereunder. 7.4. On Customer’s request, ALONG THE WAY DATING SITE shall within a reasonable timeframe make appropriate information available to Customer to demonstrate its compliance with applicable Privacy Law, save where that information is readily available to Customer directly through its use of the Services. 8. Providing Customer Assistance 8.1. At Customer's request ALONG THE WAY DATING SITE shall cooperate with Customer and provide Customer with assistance necessary to facilitate the Processing of Customer Personal Data in compliance with Privacy Laws applicable to Customer in relation to HPE Services, including by way of example: 8.1.1. assist Customer by implementing appropriate and reasonable technical and organizational measures, insofar as this is ALONG THE WAY DATING SITE AGREEMENT SCHEDULE ALONG THE WAY DATING SITE DATA PRIVACY AND SECURITY ADDENDUM possible, to assist with Customer's obligation to respond to requests from individuals seeking to exercise their rights under the Privacy Laws applicable to Customer; 8.1.2. provide reasonable assistance to Customer in Customer's assessment and implementation of appropriate technical and organizational measures to ensure a level of security appropriate to the risks represented by the Processing and the nature of Customer Personal Data; 8.1.3. the notification of Security Incidents pursuant to this agreement. 8.1.4. provide reasonable assistance to Customer in carrying out a privacy impact assessment. 8.2. If Customer requests cooperation or assistance pursuant to this Section, Customer shall notify ALONG THE WAY DATING SITE in writing of the requirements and formulate Customer's instructions. HPE shall respond within a reasonable period of time and provide Customer with approximate time and fee estimates for the implementation of any changes necessary to accommodate Customer's compliance needs. To the extent that compliance with this Section constitutes a change to the scope of the Services, the parties shall, acting reasonably, agree on appropriate change order. 9. Data Quality, Retrieval and Destruction, Repair, or Replacement Service 9.1. To the extent that Customer is not able to access Customer Personal Data itself, HPE shall on Customer’s written request (i) update, correct, or delete Customer Personal Data; and/or (ii) provide copies of Customer Personal Data. 9.2. Upon termination of the Agreement, HPE shall at the election of Customer return or delete Customer Personal Data and ALONG THE WAY DATING SITE shall not retain copies of Customer Personal Data unless otherwise agreed with Customer or where it is required to do so under applicable law, in which case HPE shall stop actively Processing the data and maintain the security and confidentiality of the data. 9.3. With regard to the repair or replacement of data carriers (server, hard-disks, SSD, flash-disks, memory etc.), Customer will either purchase the optional (C)DMR Service or adequately wipe (following the NIST Standard) carriers prior to providing them to ALONG THE WAY DATING SITE.