Legal | Digital Trust

Legal

Cookie Statement

This Cookie Statement relates to www.digitaltrust.ie and any of its sub-domains.  This statement is valid as of INSERT DATE and forms part of the overall Privacy Notice for digitaltrust.ie.  For this Privacy Notice, please see below. 

If you have any questions about your personal data, please contact privacy@weare.ie. 

What are Cookies?

A cookie is a small text file that may be stored on your computer or mobile device that contains data related to a website you visit. It may allow a website “remember” your actions or preferences over a period of time, or it may contain data related to the function or delivery of the site. Cookies can be set by the owner of the website or in some cases by third party services the website owner allows to present other information, run content or provide other functionality such as analytics.

How do we use Cookies?

We use two types of cookies: 

Strictly Necessary Cookies – These are cookies that are necessary for the proper functioning of the site or service. These can include cookies like session cookies, or authentication cookies.

Non-Essential Cookies – These are cookies that require your consent.  They could include cookies like analytics and customization cookies, advertising cookies, or third-party cookies.

List of Strictly Necessary Cookies

TBC

List of Non-Essential Cookies

TBC

How Can I Manage Cookies?

You may manage your cookie preferences (including rejecting cookies) through our cookie banner (Insert link). Rejecting cookies may have impacts on the functionality of our site. Internet users can also manage cookie settings through your internet browser:

  1. Google Chrome
    1. Internet Explorer
    1. Firefox
    1. Safari
    1. Safari Mobile
    1. Opera

Making a complaint

In the first instance, we would ask you to contact us directly if you have concerns about how we process your personal data. You can do this by emailing us at: privacy@weare.ie

You can also Make a complaint with the Data Protection Commission (DPC) if you have concerns about how we process your personal data.

Changes to this cookie statement

If in the future we make any changes to our cookie statement, the latest version of our statement will be posted on our website. If you would like further information about this statement, please contact us at: privacy@weare.ie

Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP FOR THE DIGITAL TRUST MARK SERVICE

By signing up to avail of the Digital Trust Mark Service, you (referred to hereafter as the “Customer”, “you” or “your”) agree to the terms and conditions set out below (the “Terms of Service”) in respect of your use of the Digital Trust Mark Service. 

The Terms of Service constitute a binding legal agreement between IE Domain Registry Company Limited by Guarantee, a company registered under the laws of Ireland with company number 315315 and a registered address at Fourth Floor, Harbour Square, Dun Laoghaire, Co. Dublin, Ireland (“IE Domain Registry”) and you for certain rights to use the Digital Trust Mark Service.  

Please read the Terms of Service carefully and if you do not agree to any of them, IE Domain Registry will not be able to provide you with any rights of use in respect of Digital Trust Mark Service and you must not avail of the Digital Trust Mark Service.     

  1. Interpretation

The following definitions and rules of interpretation apply:

  1. Definitions:
  2. “Assessment ” means the evaluation of the Customer’s website conducted by IE Domain Registry in respect of the Digital Trust Mark Service.
  3. “Business Day” means a day other than a Saturday, Sunday or public holiday in Ireland, when banks in Dublin are open for business.
  4. “Charges” means the charges payable by the Customer for the Digital Trust Mark Service.
  5. “Confidential Information” means information that one party discloses or makes available to the other party (“recipient”) in connection with the Terms of Service and which would be regarded as confidential by a reasonable business person. It does not include information that the recipient already knew, is or becomes public through no fault of the recipient, is independently developed by the recipient, or is rightfully given to the recipient by a third party without confidentiality obligations.
  6. “Customer Materials” means all documents, information, software, and other materials (whether owned by the Customer or a third party), which are provided by the Customer to IE Domain Registry in connection with the Digital Trust Mark Service.
  7. “Digital Trust Mark” means the mark of digital trustworthiness awarded by IE Domain Registry to a Customer whose website achieves an ‘A Grade’ on the Digital Trust Scorecard, as determined by IE Domain Registry in its sole discretion.
  8. “Digital Trust Scorecard” means the scorecard generated by IE Domain Registry as part of the Assessment, setting out the results of the evaluation of the Customer’s website against the metrics and requirements set by IE Domain Registry including the grade achieved by the Customer’s website and, where applicable, a list of recommended next best actions to improve the Customer’s digital trust score.
  9. “Digital Trust Mark Service” means the Assessment of the Customer’s website for digital trustworthiness by means of a Digital Trust Scorecard and, where applicable, the awarding of a Digital Trust Mark and the listing of the Customer’s domain on the Digital Trust Registry.
  10. “Digital Trust Registry” means the publicly accessible register maintained by IE Domain Registry listing the domains of Customers that have been awarded a valid Digital Trust Mark, for the purpose of enabling consumers and third parties to verify the validity of a Digital Trust Mark.
  11. “IPRs” means patents, copyright, trade marks, business names and domain names, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and all similar or equivalent rights or forms of protection anywhere in the world.
  12. “Losses” means all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs calculated on a full indemnity basis) and professional costs and expenses.
    1. Interpretation
      1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
      1. References to include or including are interpreted as being without limitation.
      1. A reference to writing or written includes email but not fax.
  14. Supply of Services
    1. IE Domain Registry shall supply the Digital Trust Mark Service to the Customer.
    1. IE Domain Registry shall perform the Digital Trust Mark Service with reasonable care and skill.
    1. The Customer acknowledges and agrees that the Digital Trust Mark reflects the Customer’s website’s compliance within the defined scope of the Assessment, using the assessment methodology determined by IE Domain Registry at the time of the Assessment only and does not constitute a guarantee, warranty or representation that the Customer’s website is free from security vulnerabilities, cyber threats or other risks.
    1. The Customer acknowledges and agrees that the metrics and criteria applied by IE Domain Registry in the Assessment may be amended, updated or expanded by IE Domain Registry in its sole discretion from time to time, including to reflect technological developments, emerging threats or changes in industry standards. IE Domain Registry shall apply the metrics and criteria in effect at the time the relevant Assessment is undertaken.
    1. The Digital Trust Mark is not a security audit, penetration test or certification of legal or regulatory compliance and IE Domain Registry does not undertake any obligation to monitor or assess the Customer’s website on an ongoing basis.
    1. The Customer acknowledges and agrees that it remains solely responsible for the security, operation and maintenance of its website. No third party is entitled to rely on the Digital Trust Mark and IE Domain Registry accepts no duty of care to any person other than the Customer.
    1. IE Domain Registry shall not be liable for any Losses arising from or in connection with any security incident, data breach or other adverse event affecting the Customer’s website, whether or not the Customer holds a valid Digital Trust Mark at the time of such event.
    1. IE Domain Registry may revoke, suspend, or withdraw a Digital Trust Mark at any time if, in its sole discretion, it determines that the Customer’s website no longer meets the required metrics or that the Customer has breached any term of these Terms of Service. The Customer shall immediately cease to display or use the Digital Trust Mark upon notification of any such revocation, suspension or withdrawal.
    1. The Customer acknowledges and agrees that payment of the Charges entitles the Customer to an Assessment only and does not guarantee or entitle the Customer to the award of a Digital Trust Mark. IE Domain Registry shall award a Digital Trust Mark only where, in IE Domain Registry’s sole discretion, the Customer’s website achieves an ‘A Grade’ as determined by reference to the Digital Trust Scorecard generated through the Assessment. Where a Digital Trust Mark is not awarded, the Customer shall receive a Digital Trust Scorecard setting out the grade achieved and a list of recommended next best actions to improve the Customer’s digital trust score. The Customer shall not be entitled to any refund of the Charges where a Digital Trust Mark is not awarded.
    1. In circumstances where the Customer has been awarded a Digital Trust Mark, the relevant Customer domain shall be listed on the Digital Trust Registry solely for the purpose of enabling consumers and third parties to verify the validity of the Digital Trust Mark.
    1. A Digital Trust Mark shall be valid for the remainder of the calendar year in which it is awarded (the “Term”).
    1. A Digital Trust Mark shall not be reassessed or renewed automatically upon expiry of the Term. IE Domain Registry shall use reasonable endeavours to notify the Customer in advance of the expiry of the Term that the Digital Trust Mark is due for renewal. In order to renew the Digital Trust Mark, the Customer shall be required to reapply for the Digital Trust Mark Service and undergo a further Assessment, subject to payment of the applicable Charges. For the avoidance of doubt, the metrics and criteria applied in any renewal Assessment shall be those in effect at the time of such renewal Assessment.
    1. In performing the Digital Trust Mark Service, IE Domain Registry shall comply with all applicable laws and regulations.
  15. YOUR COMMITMENTS
    1. By using the Digital Trust Mark Service, you represent and warrant that:
      1. you agree to the Terms of Service.
      1. you have the full power and authority to execute and deliver the Terms of Service and to comply with the provisions of, and perform all your obligations and exercise all of your rights under, the Terms of Service.
      1. you have taken all necessary action to authorise the execution and delivery of the Terms of Service and the Terms of Service constitute your legal, valid and binding obligations enforceable against you in accordance with their terms.
      1. you will comply with all applicable laws relating to the performance of your obligations and the exercise of your rights under the Terms of Service.
    1. You acknowledge and agree that any failure by you to comply with any of the terms set out herein shall constitute a breach of the Terms of Service by you and that IE Domain Registry may as a result of any such breach, suspend or terminate your rights to use the Digital Trust Mark without payment of any amounts or penalty.
    1. You acknowledge and agree that:
      1. the Digital Trust Mark is intended solely to indicate that, at the time of the relevant Assessment, your website met the metrics determined by IE Domain Registry for the purposes of the Digital Trust Mark Service;
      1. the Digital Trust Mark does not constitute, and must not be described or represented as, a guarantee, certification or assurance that your website is secure, risk‑free, legally compliant, or free from vulnerabilities, cyber threats or other defects;
      1. the Digital Trust Mark does not constitute an endorsement of you, your business, your products or services, or any content made available through your website;
      1. you shall not use, display or refer to the Digital Trust Mark in any manner that is false, misleading or deceptive, or that is likely to mislead users, consumers or third parties as to the nature, scope or effect of the Digital Trust Mark or the Assessment; and
      1. you shall ensure that any description, explanation or reference to the Digital Trust Mark (including in marketing materials, customer communications or public statements) is accurate, proportionate and consistent with these Terms of Service and any usage or brand guidelines issued by IE Domain Registry from time to time.
    1. IE Domain Registry may require you to amend or remove any reference to the Digital Trust Mark which, in IE Domain Registry’s reasonable opinion, does not comply with clause 3.3, and you shall promptly comply with such requirement.
    1. You shall indemnify IE Domain Registry against all Losses arising out of or in connection with any breach of this clause or any allegation that your use of the Digital Trust Mark constitutes a misleading commercial practice or otherwise infringes applicable consumer protection law.
  16. Charges and payment
    1. In consideration for the provision of the Digital Trust Mark Service, the Customer shall pay IE Domain Registry the fees and costs as set out and calculated in the order form which has been issued by IE Domain Registry to you (the “Charges”).
    1. All Charges are exclusive of all VAT, federal, provincial, state or other governmental sales, goods and services, fees or charges in force at any time.
    1. The Charges shall be payable by the Customer in advance of the Assessment to a bank account nominated in writing by IE Domain Registry or by such other payment method as the IE Domain Registry accepts.
  17. Intellectual property rights
    1. You acknowledge and agree that all IPRs arising out of or in connection with the Digital Trust Mark Service, including but not limited to the Digital Trust Mark and the Digital Trust Scorecard will at all times vest in and be the absolute property of IE Domain Registry. You shall not acquire any right, title or interest in or to any IPRs in the Digital Trust Mark Service.
    1. In circumstances where the Digital Trust Mark has been awarded in respect of your website, IE Domain Registry grants you a non-exclusive, non-transferable, non-sub-licensable, royalty free licence to use the Digital Trust Mark on your website solely for the purpose of indicating that the Digital Trust Mark has been awarded. This licence shall be subject to and conditional on you holding a valid Digital Trust Mark that has not been revoked, suspended or withdrawn. [AC8] 
    1. The Customer and its licensors retain ownership of all IPRs in the Customer Materials. The Customer grants IE Domain Registry a non-exclusive, royalty-free licence to access and use the Customer Materials during the term of the Terms of Service solely for the purpose of providing the Digital Trust Mark Service to the Customer. The Customer warrants and represents that IE Domain Registry’s use of the Customer Materials in the performance of the Digital Trust Mark Service will not infringe the rights of any third party.
    1. The Customer shall indemnify IE Domain Registry against all Losses incurred by IE Domain Registry as a result of any claim that the supply, receipt or use of the Customer Materials infringes the IPRs of any third party. The Customer shall not be liable under this indemnity to the extent that the actual or alleged infringement arises from the use of the Customer Materials for a purpose not authorised by the Customer.
  18. Use and Protection of the Digital Trust Mark
    1. You acknowledge and agree that the Digital Trust Mark is a proprietary mark owned exclusively by IE Domain Registry and that any goodwill arising from the use of the Digital Trust Mark shall accrue solely to IE Domain Registry.
    1. You shall:
      1. use the Digital Trust Mark strictly in accordance with these Terms of Service and any branding, usage or display guidelines issued by IE Domain Registry from time to time;
      1. display the Digital Trust Mark only in respect of the specific website, domain or URL which was the subject of the relevant Assessment, and not in connection with any other website, product or service;
      1. not alter, modify, adapt, animate, obscure, combine or otherwise interfere with the appearance or presentation of the Digital Trust Mark;
      1. not use the Digital Trust Mark in any manner that suggests or implies a broader scope of assessment, endorsement or assurance than is expressly provided for under these Terms of Service; and
      1. immediately cease all use of the Digital Trust Mark upon suspension, revocation, withdrawal or termination of the Digital Trust Mark or these Terms of Service.
    1. Without prejudice to any other rights or remedies available to it, IE Domain Registry may, where it reasonably considers that the Digital Trust Mark is being used in breach of these Terms of Service or in a manner that may damage or dilute the reputation, distinctiveness or integrity of the Digital Trust Mark:
      1. require you to amend or remove any use or reference to the Digital Trust Mark;
      1. suspend or withdraw your right to use the Digital Trust Mark with immediate effect; and/or
      1. terminate these Terms of Service in accordance with clause 8.
    1. The Customer shall comply promptly with any requirement of IE Domain Registry under this clause and shall indemnify IE Domain Registry against all Losses arising out of or in connection with any unauthorised, misleading or improper use of the Digital Trust Mark by the Customer.
  19. liability
    1. To the fullest extent permitted under applicable law, IE Domain Registry disclaims any and all implies statutory warranty, condition, representation and guarantee with regard to the Digital Trust Mark Service.
    1. To the fullest extent permitted by applicable law, IE Domain Registry will not be liable to you or any third party whether in contract, in tort (including negligence), under statue or otherwise under or in connection with the Terms of Service for any Losses including for loss or corruption of data or property, loss of profits, loss of revenue, loss of business opportunity, loss of reputation, loss of time, loss of savings or for any indirect, special, consequential or punitive loss.[AC9] 
    1. You indemnify and hold harmless IE Domain Registry and its affiliates against all Losses incurred by, awarded against or agreed to be paid by IE Domain Registry arising out of or in connection with any third party claim connected to these Terms of Service and/or the use of the Digital Trust Mark Service by you.
    1. Neither party limits or excludes its liability for fraud, for death or personal injury caused by its negligence, nor for any other liability that may not be limited or excluded by law.
  1. CONFIDENTIALITY
    1. Except to the extent that Confidential Information of a party becomes public through no fault of the other party or the other party is required to disclose it by operation of law or under the requirements of any regulatory authority or revenue authority, each party must keep strictly confidential all Confidential Information of the other party, which is disclosed to or obtained by it, under or otherwise in connection with the Terms of Service, must not divulge such Confidential Information to any third party (other than its employees, consultants and/or professional advisors, and in case of IE Domain Registry parties involved in any actual or prospective transaction involving IE Domain Registry) and must allow access to such Confidential Information to its own employees, consultants and/or professional advisors only to the extent that they need to know such Confidential Information for the performance of their duties. 
  2. ENTIRE AGREEMENT
    1. The Terms of Service constitute the entire agreement between the parties and supersede and extinguish all prior oral and written commitments, agreements, promises, assurances, warranties, representations and understandings between the parties with respect to the subject matter of the Terms of Service.
  1. WAIVER
    1. No failure or delay by IE Domain Registry to exercise any right or remedy provided under the Terms of Service or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy by IE Domain Registry.
  2. SEVERANCE
  1. If any provision or part-provision of the Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. 
    1. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted from the Terms of Service and IE Domain Registry shall prepare a replacement provision that to the greatest extent possible achieves the intended commercial result of the deleted provision or part provision.
    1. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms of Service. 
  1. RELATIONSHIP
  1. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership, joint venture, employment relationship or franchise relationship between you and IE Domain Registry nor constitute IE Domain Registry as your agent.  
    1. The Terms of Service are solely between you and IE Domain Registry and nothing herein creates legal rights or benefits enforceable by any person other than you and IE Domain Registry and no party can declare itself a trustee of its rights under the Terms of Service for the benefit of any other person.  
    1. For the avoidance of doubt, nothing in these Terms of Service will prevent IE Domain Registry from exercising itself, and/or granting to any third party, any right that is identical or similar to any right granted to you under these Terms of Service. 
  2. GOVERNING LAW AND JURISDICTION
  1. The Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Ireland.
    1. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms of Service or their subject matter or formation (including non-contractual disputes or claims). 

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