Translation services – general conditions
These General Conditions are valid for any and all contracts for translation and/or interpretation services (hereinafter referred to as the Contract/Contracts) concluded with the Beneficiaries of THE DEPARTMENT SRL. These General Conditions are an integral part of each such Contract.
The following terms shall be interpreted as follows:
Contract: This contract, together with all its annexes, as well as any potential amendments thereto.
Beneficiary: The contracting party, as designated herein.
Service Provider: The contracting party, as designated herein.
Ssp: A standard source page is a page having 2,000 characters with spaces, estimated as an equivalent for 1,800 characters without spaces or 300 words, in the source language.
Source text: The text of the document to be translated.
Target text: The text of the translated document.
Source language: the language from which the translation is made.
Target language: the language into which the translation is made.
Translator: A person qualified to provide translation services.
Translation: The process of transposing a written text from a foreign language into Romanian, from Romanian into a foreign language or from a foreign language into another one, which does not require the Service Provider’s presence in a location specified by the BENEFICIARY.
Interpretation: The intellectual process, which is ordinarily bidirectional, of verbally rendering speeches, presentations, testimonials, pleadings or other specific forms of oral communication from a foreign language into Romanian or from Romanian into a foreign language, requiring the presence of the PROVIDER in a location specified by the BENEFICIARY.
Desktop Publishing (DTP): The process of editing complex documents which include images, texts or graphics, so that the final translation is identical with the original material sent by the BENEFICIARY, which may or may not require the presence of the SERVICE PROVIDER in a location specified by the BENEFICIARY.
Subtitling: The process of transposing a spoken or written text (from an audio-video recording) into another language, which does not require the presence of the SERVICE PROVIDER in a location specified by the BENEFICIARY.
Dubbing: The dubbing of a film represents the oral rendering of a spoken or written text, observing the features of the source material inasmuch as possible, which does not require the presence of the SERVICE PROVIDER in a location specified by the BENEFICIARY.
Back-translation: The process of re-translating a text into the language from which it was translated, which does not require the presence of the SERVICE PROVIDER in a location specified by the BENEFICIARY.Editing: The process of technical and graphical preparation of a text before starting the printing operation, which does not require the presence of the SERVICE PROVIDER in a location specified by the BENEFICIARY.
Services: The activities whose performance represents the contract object;
Force majeure: An event beyond the control of the parties, which is not caused by their mistakes or fault, which could not be foreseen upon concluding the contract and which renders impossible the performance and, respectively, the fulfilment of the contract; such events are, without limitation: wars, revolutions, fires, floods, or any other natural disasters, restrictions occurring as a result of a quarantine, embargo. An event such as the above shall not be considered force majeure if, without incurring an impossibility to perform, it renders the fulfilment of obligations by one of the parties extremely costly;
PLACING AN ORDER
Translation orders shall be placed by sending the documents and the request by e-mail. They shall receive an acknowledgement of receipt and/or a reply from the Service Provider as soon as possible.
After submitting the offer according to the contractual provisions or in accordance with the applicable rates, the Beneficiary shall communicate to the Service Provider the agreement regarding the details included in the offer, in the modality requested within the offer, according to the framework existing between the two parties.
Any orders for translations and/or related services can be received in the interval 09:30-17:00, Monday to Friday, except for Public Holidays.
FEES AND PAYMENT
The fees for the translation services delivered to the Beneficiary are detailed in the general price quote. The price quote shall be submitted to the client after analysing the submitted request.
The fees for the translation services related to documents are stated in RON/page. The minimum chargeable unit is one standard source page. In exceptional cases, the employed unit of measurement shall be the standard target page.
The fee charged for notarial legalization services is stated per document and it is offered in collaboration with various Notary Public Offices from Bucharest or elsewhere within the country. As this fee is subject to alterations according to the decisions of the Chamber of Notaries, it shall be adjusted accordingly.
All costs implied by courier services shall be borne by the Beneficiary.
The price owed for the translation and/or interpretation services shall be paid by the Beneficiary, based on the invoice issued by the Service Provider, within the due date recorded on the invoice, into the account of the Service Provider as indicated on the invoice, or in cash, under the law. The payment of the invoice shall be deemed to have been performed on the day the Beneficiary’s bank account is credited with the amount owed by the Client or at such time as the Service Provider’s Cash Collection Office confirms the collection of the payment in cash, under the law.
SERVICE PROVIDER’S OBLIGATIONS
The Service Provider warrants the accuracy of the translated texts and assumes liability for its conformity with the original.
The Service Provider undertakes to maintain confidentiality of all information and not to alienate the original documents received, if applicable. For this purpose, all data, information and documents, in hard copy, in electronic copy or on any other medium, which the Service provider acquired during the performance of the contract, referring to the Beneficiary’s economic activity regarding the clients, the suppliers, the contracts, the distribution network, the wage policy, the company’s organizational structure, its revenues, financial results, as well as other similar aspects, including any documents and information of the Beneficiary’s clients, suppliers and affiliates, are considered to be strictly confidential. The Service Provider shall not disclose and shall not use such data, information and documents to their own interest or to the interest of others, during the performance of the contract or after its termination, except when the BENEFICIARY’s prior approval in writing is obtained or when this is expressly required by law.
The Provider undertakes to issue the fiscal invoice related to the performed works.
The Beneficiary undertakes to pay to the Service Provider the price agreed within the accepted quote
The Beneficiary undertakes to pay to the Service Provider the price established herein no later than on the due date recorded in the invoice related to the work.
The Beneficiary undertakes to make available to the Service Provider any specialized terms having a high difficulty degree, to ensure a mode of expression compliant with the applied internal standards.
The Service Provider undertakes to maintain confidentiality concerning all the information and data obtained during the course of the commercial relations with the Beneficiary. For this purpose, the Service Provider commits, during the course of any commercial relations with the Beneficiary (including the relations conducted for the purpose of drawing up the offer for collaboration) not to disclose to any person or entity any information about the Beneficiary or about an affiliate or subsidiary thereof, including, without limitation: manufacturing procedures, employed technology, research-development, trade, professional or scientific secrets, inventions, innovations, prices and contacts, details of transactions, associations, investments, and any other information which comes to the knowledge of the Service Provider by virtue of and in relation to the performance of collaboration relations.
The Service Provider shall employ any confidential information received or obtained in any manner exclusively to the purpose of performing the translation/interpretation services. The Beneficiary cannot use the Confidential Information received or obtained in any way from/about the Service Provider during the performance of the Contract and throughout the entire contract period, until its actual termination.
REGULATION (EU) 2016/679 – General Data Protection Regulation (GDPR)
Maintaining authorized restrictions regarding access to information and its disclosure, including for the protection of privacy and of any confidential information.
A document whose development, analysis, review, approval, issuing, distribution, storage, security, nullity and disposal are planned, monitored and recorded.
An entity receiving a final product or service. Against the background of PSI’s fundamental activity, this term may be used interchangeably with “client”, “client company”, “sponsor” or “sponsor company”.
A body which, alone or together with others, sets up the purposes and the means for the processing of personal data
The appropriate use of personal data in the given situation. The right of an individual to control the collection, use and disclosure of personal data.
A body processing personal data on behalf of the controller; synonym with “data custodian”.
Data subject Identified or identifiable physical person whose personal data is collected or processed in another manner.
Data subject’s consent
Any manifestation of free will, specific and informed, whereby the data subject accepts the processing of the personal data concerning him/her.
The release, transfer, provision, access to or sharing of information in any other way, to an entity other than the one which owns the information.
A process ensuring the effective and efficient production, organization, storage, recovery, distribution and elimination of records, regardless of their medium, in order to fulfil the commercial objectives and for compliance with the regulations.
Person concerning which personal data is collected. Synonym for “data subject”.
Any organization which collects, uses, keeps or presents personal data.
Any information referring to an identified or identifiable physical person. Synonym for personal information.
Information about or referring to an identified or identifiable physical person. Synonym for personal data.
The state of not being subject to unauthorized intrusion or violation related to one’s personal life and issues.
The rights and duties of persons and organizations regarding the collection, use, disclosure and keeping of personal data.
The impact level upon the operations of the organization (including over its mission, services, functions, image or reputation), over the assets or persons, resulting from the operation of a system of information, having in view the potential impact of a threat and the probability for the respective threat to reoccur.
Protective measures imposed to fulfil the security requirements (respectively confidentiality, integrity and responsibility) for an information system. The safeguards may include security elements, management constraints, personnel security and the security of physical structures, of areas and devices. Synonym for security control measures and countermeasures.
Sensitive personal data
Personal data requiring an additional level of protection or greater care, for instance the information on the medical or health status, race or ethnic origin, political opinions, religious or philosophical beliefs, membership in a union, sexual orientation or information referring to offences and convictions.
A measure of the importance assigned to the information by their owner or custodian, for the purposes of denoting the need to protect it.
The action of acquiring logical or physical access, without permission, to a network, a system, an application, data or other resources.
Concerning individually identifiable information – the distribution, employment, application, employment, examination or analysis of the respective information within an entity which keeps such information.
How do we collect information about you?
We can collect information about you in several ways.
– You can provide information directly (for instance, filling in a form, sending an e-mail or calling us on the telephone).
– We may acquire information from third parties (for instance, publicly available information from social media, such as Facebook).
Such information includes all methods whereby you are in contact with us.
Direct data collection
Collection is considered to be direct when the data subject (e.g. the person in question) himself/herself provides the data directly to the personal data operator.
In case of direct data collection, the notification is provided at the time of collection and before processing the data (no processing shall be conducted without informing the person regarding the collection of data).
Indirect data collection
Data collection is considered to be indirect when the data subject’s information was collected through a third party and not directly from it.
In the case of indirect collection, there are various options:
– Within up to one month from becoming aware of the data;
– Upon the first communication to the data subject (e.g. when the first marketing correspondence is sent); or
– Upon the first transfer of the data to a third party (the data subject is notified when the initial operator of personal data sends the information to a third party.
The exception from the requirement to notify the data subject in case of collection from a third party is applicable inasmuch as:
– The data subject already has the information;
– The provision of such information becomes impossible or it would involve a disproportional effort;
– The obtaining or disclosure of information is expressly established by the law which the operator complies with and which provides adequate measures for the protection of the data subject’s legitimate interests; or
– The personal data must remain confidential subject to a professional secret obligation.
Also, we may automatically collect information about you by using cookies and similar tracking technologies. To learn about cookies (including the Google Analytics cookies) and the similar technologies used in a point of contact, including the mode in which you can accept or refuse the cookies, please see the notification on the cookies, provided within our website.
If this is allowed under the law, we may acquire information about you from third parties. This may include publicly available profiling information (such as your preferences and interests) from third-party social media websites (such as Facebook). We may also collect information in other contexts, which are notified to you at the respective time.
What information we collect
We may collect various types of information:
Information needed to honour your requests (contact data, data for the issuing of the invoice, delivery addresses etc.)
– information you provide in forms, translation requests or in other requests
– information which you provide in your calls to the telephone number displayed on the site
We use your information for the following purposes:
– To provide to you services related to translation requests, including the processing of your requests
– To manage loyalty programs, service improvement, market research, the development of marketing services, marketing campaigns management
– For purposes which we notify or which will be clear from the context, at such time as the information about you is collected for the first time.
Data sharing with third parties
We may share information about you to third parties and to our subcontractors (translators, providers of courier services, payment service providers etc.) Such third parties are carefully selected and any communications with them are subject to the GDPR regulations in force.
We may share information about you with other third parties, if this is necessary or allowed under the law, for instance: regulatory authorities; government departments; in response to a request of the law enforcement authorities or of other government officials; when we believe that the disclosure is necessary and adequate to prevent physical injuries or financial losses or in relation to an investigation of a suspected or real illegal activity; and against the background of organizational restructuring.
In performing our main object of activity, we work together with subcontractors, authorized professionals, to whom we transfer personal data, to the purpose of fulfilling the main object. Thus, personal data may be transferred, within the limits necessary for the performance of the object of activity, to: (a) authorized translators or companies having an object of activity similar to that of the service provider, as subcontractors; (b) notaries public, for the purpose of notarizing the translations; (c) third parties, according to the specific nature of the order received.
For the fulfilment of your requests, we may use service providers, respectively persons authorized under article 28 GDPR, for instance authorized and specialized translators, our service providers for hosting, platform, and maintenance services, or our service providers for the sending of e-mails and text messages, telephone contact or the printing of customized advertising materials. They are external service providers and service providers. We make sure, through contractual regulations, for instance, that such service providers process personal data in compliance with the European law on data protection, to guarantee a high data protection level, even if the personal data is transferred to a country where a different level of data protection is usually employed and for which there is no adequacy decision of the EU COmmittee. No other transfers of personal data are conducted to other recipients, unless we have the obligation to do so under the law. For further information on the appropriate protection of international data transfer or of its copy, please contact us by email at: firstname.lastname@example.org
In your capacity of data subject, you may contact us at any time free of charge, by means of a notification, using the email address email@example.com, in view of exerting your rights under GDPR.
Such rights are as follows:
• The right to receive information regarding the processing of data and a copy of the processed data (the right of access, article 15 GDPR),
• The right to request the rectification of any inaccurate data or to supplement any incomplete data (the right to rectification, article 16 GDPR),
• The right to request the erasure of personal data and, if the personal data was made public, the submission of information referring to the erasure request to other operators (the right to erasure, article 17 GDPR),
• The right to request the restriction of data processing (the right to restriction of processing, article 18 GDPR),
• The right to receive the personal data regarding the data subject in a structured, commonly used and machine-readable format and to request the sending of such data to another operator (the right to data portability, article 20 GDPR),
•The right to oppose the processing of data, with the intention of ending the processing (the right to object, article 21 GDPR),
• The right to withdraw a given consent at any time, in view of ending a processing of data which relies on your consent. The withdrawal shall not affect the lawfulness of the processing based in the consent granted before its withdrawal (the right to withdraw consent, arrticle 7 GDPR).
• The rights to lodge a complaint with a supervisory authority, if you believe that the processing of data is an infringement of GDPR (the right to lodge a complaint with a supervisory authority, article 77 GDPR).
Feel free to contact us for any questions regarding the protection of data at any time, using the following contact data:
The Department SRL, with the business place at the address: 7 Leonida Street, sector 2, Bucharest, Romania