COMPANY DETAILS

AQUANOVA NA CORP.
120 Wall Street, 20th Floor
New York, NY 10005
USA

CONTACT DETAILS

Fon: +1 (646) 537 7606
Fax: +1 (646) 405 1027
E-mail: ­[email protected]
Internet: www.aquanovacorp.com

Webdesign & Coding: KraenkVisuell

TERMS OF USE

Effective Date: February 14th, 2024

These are the Website Terms of Use (the “Terms”) for AQUANOVANA CORP. (“Aquanova”). These Terms apply when you visit our website at www.aquanovacorp.com (our “website”). These Terms and the Data Privacy Declaration constitute the entire agreement between you and Aquanova regarding the use of the website.

1. YOUR REPSONSIBILITIES

Please be aware that these Terms constitute a binding legal agreement between you and Aquanova. You agree you are responsible for your use of our website and any resulting consequences. You may use our website and interact with us only in compliance with these Terms and all applicable laws. Your use of our website constitutes your acceptance of these Terms and our Privacy Policy.

When using certain Aquanova services, you may be subject to any additional terms that are otherwise made available from time to time.

2. DATA PROTECTION DECLARATION AND PRIVACY

Your use of the website is governed by our Data Privacy Declaration.

3. YOUR REPRESENTATIONS AND WARRANTIES TO AQUANOVA

By using our website, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;

2. You will only use our website for lawful purposes, and will not use our website for sending, storing, or distributing any unlawful material or for fraudulent purposes;

3. You will not use our website to cause nuisance, annoyance or inconvenience;

4. You will not impair or harm the proper operation of our website;

5. You will not copy, or distribute any content contained within our website without written permission from Aquanova;

6. You will only use our website for your own use and will not resell any aspect of our website to a third party;

7. You own or control all rights in and to any information or property shared with us;

8. You will provide us with whatever proof of identity we may reasonably request;

9. You have not previously been suspended or removed from our website; and

10. Your use of our website complies with applicable laws and regulations.

4. ACCESS AND CONDITIONS OF USE

You may use our website and interact with us only for lawful purposes and in accordance with these Terms. You agree:

1. You will not violate any applicable federal, state, local, or international law or regulation;

2. You will not exploit or harm minors;

3. You will not transmit any advertising or spam material;

4. You will not impersonate Aquanova or any person or entity associated with Aquanova; and

5. You will not engage in any conduct that challenges anyone's use or enjoyment of the website.

Additionally, you agree:

1. You will not use any device, software, or routine that interferes with the proper working of the website, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

2. You will not attempt to gain unauthorized access to the website; and

3. You will not attempt to attack or interfere with the proper working of the website.

Aquanova reserves the right to temporarily or permanently modify or discontinue our website with or without notice. Aquanova reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

5. INTELLECTUAL PROPERTY

Service content, Software and Trademarks. You acknowledge and agree that our website may contain content or features (“website content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Aquanova, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our website or website content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our website. You may not access our website through robots, scraping tools or similar data-gathering or extraction methods.

The Aquanova name and logos are trademarks and service marks of Aquanova (collectively the “Aquanova Trademarks”). Other company, product, and service names and logos used and displayed via our website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Aquanova. Nothing in these Terms or in our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Aquanova Trademarks displayed through our website, without our prior written permission in each instance. All goodwill generated from the use of Aquanova Trademarks will inure to our exclusive benefit.

Third-Party Material. Under no circumstances will Aquanova be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Aquanova does not have a duty to pre-screen content, but that Aquanova and its designees will have the right in their sole discretion to refuse or remove any content that is available via our website. This includes the right to remove any content that violates these Terms or is deemed by Aquanova to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Website. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information (“feedback”), provided by you to Aquanova is non-confidential, and Aquanova will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Aquanova may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Aquanova, its users and the public. You understand that the technical processing and transmission of our website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

6. THIRD PARTY WEBSITES

Our website may provide links or other access to other third party sites and resources on the Internet. Aquanova has no control over such sites and resources and Aquanova is not responsible for and does not endorse such sites and resources.

7. COMMUNICATIONS

As part of your use of our website, you consent to receive electronic notifications from Aquanova. You may opt-out of receiving certain notifications from Aquanova by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

8. THIRD PARTY ADVERTISING AND MARKETING

Aquanova may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our website and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Aquanova and our partners. If you do not wish to receive such advertising, you may notify us at the contact information provided on our website. Aquanova may compile and release information regarding you and your use of our website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our website.

9. INDEMNITY AND RELEASE

You agree to release, indemnify, and hold harmless Aquanova, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of website and interactions with us, your violation of these Terms, or your violation of any rights of another.

10. DISCLAIMER OF WARRANTIES

YOUR USE OF OUR WEBSITE AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AQUANOVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AQUANOVA MAKES NO WARRANTY THAT (I) OUR WEBSITE OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AQUANOVA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AQUANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL AQUANOVA ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AQUANOVA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

12. GENERAL

Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of the United States without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Aquanova agree to submit to the personal and exclusive jurisdiction of the local courts located in Delaware the federal courts located in the United States District Court for the District of Delaware.  Aquanova may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of Aquanova to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

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PRIVACY POLICY

AQUANOVA NA CORP. (“Aquanova”) understands the importance of our users’ data protection. We handle your personal data confidentially and corresponding to the legal data protection regulations.  With the following information, we are giving you a simple overview of what happens with your personal data when you visit our website. By using our website or any of our services, you agree with the terms of this U.S. Privacy Policy (the “Privacy Policy”) and our Terms of Use.

GENERAL INFORMATION

In the past twelve months, we have collected personal data about you. Personal data includes any information that can reasonably be associated with an individual or household.

This U.S. Privacy Policy applies only to the U.S. Aquanova website. Our website may contain links to other websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other third parties we link to from our website. We do not endorse, approve, or certify these other websites, and we do not guarantee the accuracy, completeness, efficacy, or timeliness of the information contained on those websites. You should check the applicable privacy notice of the website sponsor when linking to other websites.

1. AGE REQUIREMENTS

By accepting the Privacy Policy through your use of this website, you certify that you are 16 years of age or older. Aquanova does not have actual knowledge of any personal data about individuals under the age of 16 whose information has been collected through our website or services. If we become aware that a person submitting information to us is a minor, we delete the information as soon as we discover it.

2. WEBSITE SECURITY

When handling your personal data, we use administrative, technical, and physical safeguards designed to protect your personal data from unauthorized access, disclosure, alteration, or loss. But we would like to point out that the data transfer in the internet is always associated with security risks.  An absolute protection of your data from access is not possible.

3. PERSONAL DATA COLLECTION AVENUES

3.1 PROCESSING FOR TRANSMISSION OF THE WEBSITE

When accessing our website, our system may record information and personal data over the computer system, which is transmitted by your browser and stores it temporarily.  These include:

·         Name of the website retrieved

·         Path

·         Date and time of retrieval

·         Data volume transmitted, notification on successful retrieval

·         Browser type and version

·         The operating system of the user, reference URL (the previously visited page)

·         IP-address and (it is anonymised after 7 days)

·         The requesting provider

This data is only used to transmit the content to your browser. This data is not merged with other data sources. The data is also not stored in log files.

3.2 COOKIES

We use cookies to provide you with our websites. . Cookies are small text files that are assigned to and stored on the computer of the user by means of a characteristic string of characters and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole, more user-friendly and effective, and therefore more convenient for the user.

Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user. We use non-persistent session cookies, which are deleted as soon as you close your browser..  We specifically use non-persistent technical session cookies, which are mandatory to use basic functions of the visited website and to ensure the security of the website. These cookies do not collect information about you for marketing purposes, nor do they store which websites you have visited. We may also use:

Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you;

All information collected is anonymous and is only used to improve our website and find out what interests our users;

Marketing cookies: these are used to provide the website user with tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; and

Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks).

(1) OBJECTION AND ELIMINATION OPTIONS

Cookies are stored only on the computer of the user. Therefore, you, as a user, have the full control on the use of cookies. Storage of cookies can be deactivated or restricted in your browser. In case of deactivation of cookies, the functionality of this website can be restricted. You can manually delete the stored cookies at any time and even activate the automatic deletion of cookies at the time of closing the browser. Please note that if cookies are deactivated, our website and services may not function.

3.3 CONTACT VIA CONTACT FORM OR E-MAIL

You can contact us using the contact form on the website or the e-mail address provided. In this case, the personal data transmitted with your inquiry as well as the contact data provided by you (your e-mail address, your name, and, if applicable, the company for which you work, as well as your telephone number), is stored.

The personal data transmitted in the course of contacting us will be processed by us for the purpose of processing your inquiry. The necessary justified interest in the processing of data which you have sent by e-mail also lies herein.

4.  SENSITIVE DATA

4.1 COLLECTION OF SENSITIVE DATA

Aquanova does not seek to collect any information defined as “sensitive” under applicable U.S. data protection laws. Do not provide us with any sensitive information unless written consent has been obtained.

5.  USAGE OF PERSONAL DATA

5.1 DIFFERENT USES OF PERSONAL DATA

Aquanova uses personal data for a variety of business purposes, such as:

·         To manage our business.

·         To facilitate customers use of our website and services.

·         To conduct research and improve our business.

·         To ensure security, efficiency, and compliance with the law.

6.  DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

6.1 SCOPE OF DATA PROCESSING

We will only disclose personal data to third parties where required by law or to our personnel, or third-party service providers who require such information to assist us with administering our relationship with them, including third-party service providers who provide services to us or on our behalf.

We may also disclose personal data in the following circumstances where permitted or required by applicable law:

·         With Service Providers and Vendors.

·         For a merger, acquisition, change in ownership, or reorganization.

·         With our affiliated businesses.

·         For Business Purposes, as defined by applicable data protection laws.

7. SALE AND SHARING OF PERSONAL DATA

7.1 SCOPE OF DATA PROCESSING

Aquanova does not sell data within the commonly accepted definition of the term. However, certain data protection laws define the term “sale” as the exchange of data with third parties for monetary or any other valuable consideration. At this time, Aquanova does not sell data collected from the U.S. Aquanova website nor does it share data for purposes of cross-contextual behavioral advertising.

8. TRANSFER AND STORAGE OF PERSONAL DATA

8.1 U.S. DATA TRANSFERS AND STORAGE

Personal data we collect about you may be transferred, processed, and/or accessed by us in the United States, or another country where we or our service providers operate. Please be aware your personal data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live.

If you are located outside the United States and choose to allow us to collect information about you, please be aware that we may transfer your personal data to the United States and process and store it there.

We use several criteria to determine how long we should keep categories of personal data. We will retain your personal data for the time period reasonably necessary to achieve the business purposes outlined in this Privacy Policy to the extent permitted by applicable law.

9. WHICH RIGHTS DO YOU HAVE REGARDING YOUR DATA?

U.S. residents in certain states, such as California, Colorado, Connecticut, Virginia, Utah, and other states with state consumer data protection laws are entitled to certain rights related to their personal data. You can contact us at any time at the address mentioned in the masthead for further questions on the topic of data protection. In detail, depending on your state of residence, you are entitled to the following rights.

9.1 RIGHT TO KNOW AND ACCESS

Please note that much of the information you are entitled to know about our personal data collection can be found in this Privacy Policy. You can receive confirmation from us as to whether we have processed the personal data concerning you. If this is the case, then you can potentially receive the following information from the preceding twelve month period:

(1) categories of personal data collected

(2) specific pieces of personal data collected

(3) categories of sources from which the business collected personal data

(4) purposes for which the business uses the personal data

(5) categories of third parties with whom the business shares the personal data

(6) categories of information that the business sells or discloses to third parties

9.2 RIGHT TO DELETION

You may have a right to request that personal data concerning you should be deleted immediately, unless an exception permitted by state law applies.

9.3 RIGHT TO CORRECTION

You may have a right to correct any information we process from you, insofar as the processed personal data concerning you is incorrect.

9.4 RIGHT TO DATA PORTABILITY

You may have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, conventional, and machine-readable format that can be transferred to other businesses.

9.5 RIGHT TO OPT OUT OF CERTAIN DATA PROCESSING

Under certain laws, residents may also be permitted to opt out of certain profiling relating to automated processing analyzing certain categories of an individual’s information that would produce a legal or similarly significant effect. Aquanova does not engage in this type of profiling of individuals.

You may also have the right to request that businesses stop selling or sharing your personal data.

9.6 RIGHT TO OPT IN OR LIMIT THE USE OF SENSITIVE PERSONAL DATA.

While certain U.S. state laws allow these rights, please note we do not collect information that is considered “sensitive” data under certain U.S. data protection laws.

9.7 RIGHT TO APPEAL

Residents of certain states including Colorado, Connecticut, Virginia, and other states that have passed consumer data protection laws may have the right to appeal any decisions made on your rights requests under this section to their state attorney general’s office. More information on the right to appeal will be provided in any communication to you regarding our decision under this section.

9.8 SCOPE OF RIGHTS

The exact scope of these rights may vary by state. To exercise any of these rights please contact us at any time at the contact information provided in this Privacy Policy for further questions on the topic of data protection. We will respond in time required by law.

We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. We will verify your consumer request by comparing the information you provide, to information already in our possession, and take additional steps to minimize the risk of fraud. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney. We will not discriminate against you for exercising any of these rights, which is further in line with your rights under state law.

10.  OTHER U.S. RIGHTS

10.1 CALIFORNIA SHINE THE LIGHT

Under California’s Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family, or household purposes, to provide the names of third parties to which they have disclosed certain personal data (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal data disclosed. You may send us requests for this information using the contact form found on our website. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name, mailing address, and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency.

10.2 NEVADA RIGHTS

Nevada residents have the right to opt-out of the sale of their personal data. Please note that we do not “sell” personal data as defined by Nevada law at this time.

11.  UNIVERSAL OPT OUT MECHANISMS

CalOPPA requires us to let you know how we respond to web browser Do Not Track (“DNT”) signals. Because there currently isn’t an industry or legal standard recognizing or honoring DNT signals, we don’t respond to them at this time.

12. CONTACT

AQUANOVA NA CORP.
120 Wall Street, 20th Floor
New York, NY 10005
USA

Fon: +1 (646) 537 7606
Fax: +1 (646) 405 1027
E-mail: ­[email protected]