Privacy policy
Updated April 10th, 2024
This Privacy Policy outlines the types of information we collect from you in connection with your use of our services and how we use that information. As used within this Privacy Policy, “Marcaria.com”, “Marcaria”, “we”, and “us”, collectively refer to Marcaria. This Privacy Policy is incorporated by reference into the Marcaria General Terms and Conditions. By accessing the website at Marcaria.com or making use of any of the services made available thereby, you consent to our use of your personal information in accordance with the terms of this Privacy Policy. Should you not agree to the terms of this Privacy Policy, you shall not use the Marcaria website or the services made available thereby. Capitalized terms not defined herein shall have the meanings prescribed to them within the Marcaria General Terms and Conditions.
Marcaria.com has defined and established policies for information privacy that represent a clear commitment to the confidentiality needs of our clients. These policies are applied to the collection as well as to the delivery of any type of personal information. Accordingly, the personal information of our clients is maintained in secure locations, to which only the personnel of Marcaria.com or its duly-accredited representatives have access. Should any personal information be required to be disclosed pursuant to governmental authority per an official notice or action, such personal information shall be disclosed to such authority, but such disclosure shall be limited to that portion necessary and sufficient to comply with the requirements thereof.
The type of personal data we collect and how it is processed depends on the services requested.
1. WHO ARE WE?
We are Marcaria.com, a Domain Name Registrar and a Brand Name Protection service provider. Our address is 8345 NW 66 St #B1673 Miami, FL 33166-7896, United States of America. You can contact us by email at [email protected] or by telephone at +1.347.897.0218.
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.
2. WHEN DO WE COLLECT YOUR INFORMATION. WHAT DO WE COLLECT. AND HOW DO WE USE IT?
2.1. When you use our website.
When you use our website to browse our products, services, and other information we make available, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors, and to help to make your user experience better.
We may also collect your IP address so that we can personalize the website and our services for you.
For more information about our use of cookies, please see our cookie policy.
2.2. When you request assistance.
When you request assistance we may ask you for your name, email address, and other contact information.
We use this information to respond to your query, including providing you with any requested information about our products and services. We may also contact you several times after your enquiry in order to follow up on your interest and ensure that we have answered any enquiries to your satisfaction. We will do this based on our legitimate interest in providing accurate information prior to a sale.
Every time you contact us via e-mail we open a support ticket through Zendesk which is the entity providing our help desk software. Zendesk does not have access to the contents of any communications. Communications data is stored on their platform in the United States. Zendesk fully complies with the EU Directive with respect to all Personal Data (as that term is defined in said EU Directive).
If you are provided support via chat, we may use your contact information to send you a transcription of the conversation. The transcription will be sent only if you request it. We will not share, sell, rent or trade your name or email with third parties for their promotional purposes.
We do not use the information you provide to make any automated decisions that might affect you.
In certain situations, Marcaria.com may disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
2.3. When you contact us through Social Media or use Social Media widgets.
Our website includes Social Media features, such as the Facebook “Like” button and other Widgets, such as the “Share this” button and other interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing them and Marcaria.com shall have no liability or responsibility for the collection and/or use of personal data thereby.
2.4. When you create an account with us and purchase any of our services.
When you sign up for an account with Marcaria.com you will provide us with your name, email, address, and contact telephone number. We will send you an email to verifying said information.
When you purchase any of our online services, we may ask you for your name, address, contact telephone number, email address and credit card information. We also record your IP (Internet Protocol) address, which is the address of your computer on the Internet.
We will use your information to verify your credit card details for your purchase and process your order and services. We will also send you a receipt via email and we may use your telephone number to contact you regarding your purchase.
Your information is stored on our servers, which are based in the United States and Canada. Your credit card details are passed to a third-party payment processor which is based in the United States . We do not retain your credit card information. Our third-party payment processor complies with the General Data Protection Regulations of the EU and UK and is prohibited from using your personal information for any other purpose. If you utilize our Services from a country other than the country where our servers are located, your personal data will be sent across international borders and you hereby consent to such transfers. In these cases, your personal data will continue to be handled according to this Privacy Policy.
We do not use the information you provide to make any automated decisions that might affect you. If you would like to request that your personal information be deleted from our database, or if you want to disable the Social Media log in please contact us at [email protected].
Domain name registration services may require additional data, particularly for creating the contact profiles. Required additional data includes, but is not limited to registrant, admin, technical and billing information. Domain name registration contact profile information will be sent to the corresponding registry. Generic Domain names are regulated by ICANN, which requires us to deposit all data described in the Registrar Data Escrow Specifications to the Escrow Agent, which is DENIC Services GmbH & Co. KG, a German registered limited liability company & limited partnership.
Without in any way limiting the foregoing, the following data may be required for domain name services:
In general registries will keep the above information for no more than two years after the deletion of the domain name.
Your personal data will be stored in the country of the Registry that owns the extension. If you requested a ccTLD extension outside the European Union, your personal data may become public through a whois server by virtue of local law.
For trademark registration related services, in addition to personal data, we may need additional data per the specific requirements of each country. Such information may include ID numbers, copies of government issued identification, and marital status information. If the trademark owner is a company, certain information about the entity (including but not limited to, name, object, business activity, capital, company formation date, duration, copy of the certificate of incorporation, number of shareholders/members, and number of directors if needed), and additional personal information about the shareholders/members and of the directors may also be required.
The information provided to trademark registration agents is necessary to comply with the requirements of government authorities and ruling organizations, and is provided to third parties per your explicit instructions with respect to the registration services.
Once a trademark registration request or document containing personal data is filed with the trademark office in any country, it will become public by virtue of law.
If you would like to discontinue receiving newsletters or other communications from us, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us at [email protected].
Our website includes links to other websites whose privacy practices may differ from those of Marcaria.com. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
2.5. When you submit a review about us.
When you submit a review about us, you may provide your personal information, such as your e-mail address, name, and your IP address to third-party review companies. These third-party companies may also set one or more cookies to make the feedback collection functional. Your submission of such feedback and your interactions with these features are governed by the privacy policy of the companies providing them and Marcaria shall have no liability or responsibility for the collection and/or use of personal data thereby.
Marcaria, may, at its sole discretion, publish, display, or otherwise make available reviews provided to said third-party review companies to third-parties, including but not limited to potential customers, such as by posting such reviews on Marcaria’s website. Your name and the content of your review (but not your email address or IP address) may be publicly displayed or otherwise made available in connection therewith. Marcaria will do this based on its legitimate interest in marketing its services.
We do not use the information you provide to make any automated decisions that might affect you. Your review and name may be displayed or otherwise made available in this manner for as long as we are marketing the product or services that the review refers to, after which it shall be securely deleted. You may ask Marcaria to remove your review at any time.
3. AGE RESTRICTION.
The site is not intended for minors under the age of 18 nor does the site knowingly collect personal information from minors under 18. The site is not oriented toward minors, and does not target them as an audience. The website and services do not collect or distribute information indicating whether a user is a minor.
4. DO YOU HAVE QUESTIONS ABOUT YOUR PERSONAL DATA?
You can ask us what information we hold about you, and if inaccurate, you can ask us to correct it. We will respond to your request within a reasonable timeframe. We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If we have asked for your consent to process your personal data, you may withdraw that consent at any time provided that this data is not being used in any trademark or domain name registration.
Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing.
To submit a request regarding your personal data by email, post or telephone, please use the contact information provided above in the “Who We Are” section of this policy.
If you have a question or complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your question or complaint.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request
5. SECURITY AND STORAGE.
Marcaria shall use commercially reasonable measures in line with industry standards to protect your information, including but not limited to electronic and administrative safeguards designed to help make personal information secure, during both transmission and storage. We will make reasonable attempts to provide you with notice in the event of a security breach.
The information you provide Marcaria may be collected through our services and processed in the United States or any other country in which Marcaria, its subsidiaries, affiliates, and/or service providers maintain facilities. As a result, Marcaria its subsidiaries, affiliates, and/or service providers may transfer information we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, you may reside in another country or region with differing data protection and privacy laws than the United States. Consequently, when you register to use the Service you acknowledge and consent to Marcaria transmitting your information to the United States or to any country in which Marcaria and/or its subsidiaries, affiliates, and/or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
In turn, Marcaria uses commercially reasonable standards, measures and/or protocols to keep the information collected through the Service secure and as a result we take cautionary steps to verify your identify before granting you Service access. Moreover, Marcaria cannot ensure the security of any information submitted or transmitted by you to Marcaria nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
6. ADDITIONAL DISCLOSURES: EUROPE AND THE UK.
6.1. EU Residents.
To the extent that you are a user that resides in the EU or the UK, the terms of this Section 6 apply to the collection, storage, and use of your personal information. Under the General Data Protection Regulation of the EU and UK, or GDPR, EU and UK residents have certain rights regarding their data, including:
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a. Right to access the personal information;
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b. Right to correct incorrect personal information that Marcaria has about you;
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c. Right to prevent Marcaria from using your personal information and/or objecting to processing;
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d. Restricting use of your personal information for use for particular purposes;
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e. Right to be forgotten (by requesting that Marcaria delete all of the personal information it has about you); and
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f. Right to not be subject to automated decision making.
Marcaria has appointed DataRep as its Data Protection Representative for the purposes of GDPR in the EU, UK and Switzerland. You may make requests or otherwise exercise your rights in respect of your personal information as allowed per this section by:
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a. Sending an e-mail to DataRep at [email protected] with <Marcaria.com LLC> in the subject line;
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b. Contacting DataRep via its online webform at www.datarep.com/data-request; or
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c. Mailing* your inquiry to DataRep at the most convenient of the addresses in Schedule 1 attached hereto.
*Note that when mailing inquiries to DataRep it is essential that you address your correspondence to “DataRep” and not to “Marcaria” or your inquiry may fail to reach DataRep. Please refer clearly to Marcaria.com LLC in your correspondence. On receipt of your correspondence, Marcaria may request evidence of your identity to ensure that your personal data and information connected with it are not provided to any third-party.
6.2. Definitions.
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6.2.1. “Process”, “Processing”, or “Processed” means anything that is done with any of your Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Marcaria Processes your Personal Information rather than utilizing a third-party processor to do so on our behalf.
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6.2.2. “Controller” means the entity that decides how and why Personal Information is Processed. Accordingly, Marcaria is the Controller of your Personal Information in that we decide how and why your Personal Information is Processed.
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6.2.3. “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number (as applicable in the EU) or any other information that may be deemed to be sensitive under applicable law.
6.3. Grounds for Processing.
The GDPR requires that companies processing the personal data of EU and UK users do so on the basis of specific legal grounds. As described below, Marcaria processes the information of EU and UK users based on one or more of the following grounds as allowed under the GDPR:
Marcaria must collect and use certain information in order to provide its services. This includes:
User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about the services you order from us; and to enable you to make payments.
Usage information, which is necessary to maintain, optimize and enhance Marcaria's services.
Marcaria may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
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6.3.3. The processing is necessary for Marcaria's legitimate interests. Marcaria collects and uses personal information to the extent necessary for its legitimate interests. This includes, but is not limited to, collecting and using information:
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a. To prevent, detect and combat fraud in connection with the use of our services.
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b. To inform law enforcement officials regarding criminal acts or threats to public safety.
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c. To provide customer support.
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d. To optimize our service and develop new services
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e. For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
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f. To enforce Marcaria's Terms and Conditions or to protects its interests.
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6.3.4. The processing is necessary for the legitimate interests of other persons or parties.
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a. Marcaria collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others.
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b. Marcaria may also process personal information when necessary in regard to a substantial public interest, on the basis of applicable laws.
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6.3.5. The processing is necessary to fulfill Marcaria's legal obligations.
Marcaria is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose, and retain your personal data. For example, Marcaria is subject to laws and regulations in many cities and countries that require it to collect and retain information about the Marcaria products, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. Marcaria uses your information to comply with such laws to the extent they apply to your use of the Marcaria services.
7. ADDITIONAL DISCLOSURES: AUSTRALIA.
7.1. Australian Residents.
This Section 7 applies only to Australian residents. Marcaria adheres to the Australian National Privacy Principals as set out in the Privacy Act 1988 which can be accessed online at www.privacy.gov.au. We will only transfer your personal information to someone (other than to you) who is outside of Australia if the conditions set out in the Privacy Act 1988 are met. The Privacy Act 1988 requires you to consent to the transfer and requires us to take reasonable steps to ensure that the information being transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Privacy Act 1988. Per the terms of this Privacy Policy, you hereby consent to the transfer of your personal information outside of Australia in accordance with Section 5.2 above.
8. ADDITIONAL DISCLOSURES: CANADA.
8.1. Canadian Residents.
This Section 8 applies only to Canadian residents. Marcaria adheres to the Personal Information Protection and Electronic Documents Act (“PIPEDA”). Canadian residents may request access to their personal information and Marcaria will comply with such requests in accordance with PIPEDA. Note that, in certain circumstances, Marcaria may not disclose your information to you. For example, Marcaria may not disclose your information to you if other individuals are referenced therein or if there are legal, security, or proprietary information restrictions.
Marcaria will make information available to you about its policies and practices with respect to the management of your personal information.
Per the terms of this Privacy Policy, you hereby consent to the transfer of your personal information outside of Canada in accordance with Section 5 above.
9. ADDITIONAL DISCLOSURES: CALIFORNIA
9.1. Californian Residents.
Under the California Consumer Privacy Act, or CCPA, California residents have certain rights regarding their data, including:
- To know the categories of personal information collected and disclosed and the sources from which such information was collected (see Section 2);
- The business purpose for using or sharing personal information (see Section 4 and 6);
- The categories of third parties with whom personal information has been and will be disclosed (see Section 6); and
- The ability to know and delete certain pieces of personal information (see below).
9.2. Right to Know and Right to Delete.
If you are a California resident, you shall also have the right to know the specific pieces of personal information that Marcaria has about you, and the right to request deletion of your personal information in accordance with applicable law.
9.3. Requests to Know and Requests to Delete.
California residents may exercise their rights under applicable privacy laws by submitting a request to us via e-mail:
[email protected]; via the webform at the following link:
contact us ; or via telephone at +1.347.897.0218. The foregoing means may also be used to revoke consent to use your personal information. All requests are subject to verification.
10. ADDITIONAL DISCLOUSRES: USA / EU-U.S. DATA PRIVACY FRAMEWORK, THE UK EXTENSION TO EU-U.S. DPF, AND THE SWISS-U.S. DATA PRIVACY FRAMEWORK (SWISS-U.S. DPF)
Marcaria.com, and its U.S. affiliates (Markarea Inc., Marcaria.com USA LLC, Marcaria International LLC, Nominus.com LLC, PDN Proxy Domain Names LLC, and Marcaria.com LLC), comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Marcaria.com, and its U.S. affiliates, has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Marcaria.com, and its U.S. affiliates, have certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.
Marcaria.com is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Our compliance with the EU-U.S. Data Privacy Framework (DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF is overseen by the FTC. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
10.1. Recourse Enforcement and Liability
Marcaria.com incorporates strong mechanisms to ensure compliance with DPF Principles and provides recourse in the event of non-adherence. Individuals with inquiries or complaints regarding the handling of personal data under the DPF should initially reach out to us at [email protected], and we commit to responding within 2 business weeks. In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Marcaria.com commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TrustArc, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. The services of Trust Arc are provided at no cost to you.
Marcaria.com recognizes its liability in cases of onward transfers of personal data to third parties. We commit to ensuring that any transfer of personal data to a third party acting as a controller complies with the Notice and Choice Principles of the DPF. Furthermore, in cases where Marcaria.com transfers personal data to a third party acting as an agent on our behalf, we remain liable under the DPF Principles if the agent processes such personal information in a manner inconsistent with these Principles, unless we prove that we are not responsible for the event giving rise to the damage.
Marcaria.com commits to engaging in arbitration proceedings and abiding by the terms outlined in Annex I of the DPF when an individual initiates binding arbitration. This initiation involves notifying Marcaria.com and adhering to the procedures and conditions specified in Annex I of the DPF.
11. UPDATES TO THIS PRIVACY POLICY.
We regularly review and, if appropriate, update this privacy policy from time to time, and as our services and use of personal data evolves. We reserve the right to make changes to this Privacy Policy at any time. Your continued use of our services will signify your acceptance of any changes to our Privacy Policy.
If there is a substantive or material change in the way that we use personal information, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
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MARCARIA.COM INTERNATIONAL INC.
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Email: [email protected]
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United States (Toll Free): +1-855-290-0451
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United States: +1-347-897-0218
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United Kingdom: +44-1356-707024
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FAX (USA) +1-305-675-2956
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FAX (UK) +44 203 004 1757
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Mailing Address:
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Effective Date: 03/07/2007
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Last Updated on: 04/10/2024
ADDRESSES FOR INQUIRIES TO DATAREP
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Country
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Address
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Austria
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DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
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Belgium
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DataRep, Place de L'Université 16, Louvain-La-Neuve, Waals Brabant, 1348, Belgium
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Bulgaria
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DataRep, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria
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Croatia
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DataRep, Ground & 9th Floor, Hoto Tower, Savska cesta 32, Zagreb, 10000, Croatia
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Cyprus
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DataRep, Victory House, 205 Archbishop Makarios Avenue, Limassol, 3030, Cyprus
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Czech Republic
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DataRep, Platan Office, 28. Října 205/45, Floor 3&4, Ostrava, 70200, Czech Republic
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Denmark
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DataRep, Lautruphøj 1-3, Ballerup, 2750, Denmark
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Estonia
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DataRep, 2nd Floor, Tornimae 5, Tallinn, 10145, Estonia
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Finland
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DataRep, Luna House, 5.krs, Mannerheimintie 12 B, Helsinki, 00100, Finland
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France
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DataRep, 72 rue de Lessard, Rouen, 76100, France
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Germany
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DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany
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Greece
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DataRep, 24 Lagoumitzi str, Athens, 17671, Greece
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Hungary
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DataRep, President Centre, Kálmán Imre utca 1, Budapest, 1054, Hungary
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Iceland
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DataRep, Kalkofnsvegur 2, 101 Reykjavík, Iceland
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Ireland
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DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland
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Italy
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DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio, 00144, Italy
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Latvia
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DataRep, 4th & 5th floors, 14 Terbatas Street, Riga, LV-1011, Latvia
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Liechtenstein
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DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
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Lithuania
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DataRep, 44A Gedimino Avenue, 01110 Vilnius, Lithuania
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Luxembourg
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DataRep, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre, Luxembourg
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Malta
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DataRep, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta
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Netherlands
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DataRep, Cuserstraat 93, Floor 2 and 3, Amsterdam, 1081 CN, Netherlands
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Norway
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DataRep, C.J. Hambros Plass 2c, Oslo, 0164, Norway
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Poland
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DataRep, Budynek Fronton ul Kamienna 21, Krakow, 31-403, Poland
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Portugal
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DataRep, Torre de Monsanto, Rua Afonso Praça 30, 7th floor, Algès, Lisbon, 1495-061, Portugal
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Romania
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DataRep, 15 Piaţa Charles de Gaulle, nr. 1-T, Bucureşti, Sectorul 1, 011857,
Romania
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Slovakia
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DataRep, Apollo Business Centre II, Block E / 9th floor, 4D Prievozska, Bratislava, 821 09, Slovakia
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Slovenia
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DataRep, Trg. Republike 3, Floor 3, Ljubljana, 1000, Slovenia
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Spain
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DataRep, Calle de Manzanares 4, Madrid, 28005, Spain
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Sweden
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DataRep, S:t Johannesgatan 2, 4th floor, Malmo, SE - 211 46, Sweden
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Switzerland
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DataRep, Leutschenbachstrasse 95, ZURICH, 8050, Switzerland
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United Kingdom
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DataRep, 107-111 Fleet Street, London, EC4A 2AB, United Kingdom
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