IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
1. ACCEPTANCE OF TERMS
The following instrument consists of the terms and conditions governing your ("you" or "user") access to and use of the website of Roundforest Ltd. ("Company" or "We") and the content, features and services therein (collectively, the "Services"). These Terms of Use together with the Privacy Policy available on the Services (collectively, the "Terms") constitute a binding agreement between you and Company, and by continuing to use and/or utilize the Services (in whole or in part) in any way or manner you agree to abide by, and that you are bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and avoid making any use of the Services. We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on our website. You should check our Services periodically and review changes to the Terms on our Services. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED SECTION 13, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. LICENSE
2.1 LIMITED LICENSE TO ACCESS THE SERVICES.
Subject to the terms and conditions set forth herein, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
2.2 LIMITATIONS ON USE.
You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. You hereby declare that you are eighteen (18) years old or older. Except as specifically permitted herein, you agree not to:
- sell, license (or sub-license), lease, assign, transfer and/or pledge any of your rights under these Terms with/to any third party;
- transfer, distribute, scrap, copy all or any part of the Services and/or the Company IPR (as defined below) and/or use the Services as a service bureau;
- refer to the Services by use of framing and/or deep-linking;
- make use of the Services in any jurisdiction where same are illegal or which would subject Company or its affiliates to any registration requirement within such jurisdiction or country;
- use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use;
- transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files;
- access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of this Services;
- distribute, publish, send, or facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, offensive, threatening, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy;
- copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof;
- attempt to obtain private information from other users in any form or manner whatsoever;
- attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
- create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
3. SUBMITTED MATERIALS
3.1 SUBMITTED MATERIALS.
You shall have sole responsibility and liability for Submitted Materials (as defined below). Company shall not be liable for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or edit any of the Submitted Materials at Company's sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES COMPANY TO DISPLAY YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER. Please note that any and all of your Submitted Materials will be available to the public and may be promoted and transferred onward by Company, at its sole discretion, and thus it is advised not to include in them any content or information that you wish to keep private. Company does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of your Submitted Materials.
3.2 LICENSE TO SUBMITTED MATERIALS.
You hereby grant Company a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute your Submitted Materials and fully exploit your Submitted Materials for the provision, maintenance and improvement of the Services.
3.3 REPRESENTATIONS AND WARRANTIES.
You represent and warrant to Company that your Submitted Materials:
- comply and will comply with all applicable laws, rules and regulations, the Terms and do not and will not infringe the rights of any third party, including any intellectual property rights and the right to privacy,
- do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or any commercial content,
- are and shall be free from any restrictions, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies).
"Submitted Materials" shall mean any and all material, text, photographs, videos, and information or other data provided and/or uploaded by you to the Services.
4. Your Account
You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall
- wn all right, title and interest in and to the Feedback without any restriction;
- not be subject to any obligation of confidentiality; and
- be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.
5. OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting therein and/or attached/connected/related to the Services or Feedback, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "Company IPR") are the property of Company and/or its respective affiliates which retain all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise.
"Intellectual Property Rights" means worldwide, whether registered or not
- rights associated with works of authorship, designs and photography, including copyrights;
- rademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered;
- patents, patent applications and industrial designs;
- rights analogous to those set forth herein and any other proprietary rights relating to intangible property;
- divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
6. USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Company that:
- you have, and will have at all times, all permits, consents and rights as required to fulfill your obligations and grant to Company any and all rights, licenses and consents hereunder, including without limitation in respect of the Submitted Material;
- you and your use of the Services will comply with all applicable laws, rules, regulations, statutes, and ordinances.
7. PRIVACY
Company privacy practices are governed by Company's privacy policy, the most updated copy of which can be found on the Services ("Privacy Policy").
8. DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION COMPANY IPR, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WITH RESPECT TO EACH AND EVERY CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT COMPANY NEITHER PRESUMES NOR COMMITS TO ANALYSE ALL THE PRICES AND OFFERINGS FOR EACH OF THE PRODUCTS IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE, YOU AGREE THAT COMPANY'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND ARE NOT ENDORSEMENTS OR RECOMMENDATIONS. SUCH RANKINGS AND SELECTIONS ARE GENERATED BY COMPANY'S ALGORITHM WHICH TAKES INTO ACCOUNT MULTIPLE PARAMETERS THAT HAVE BEEN SELECTED BY COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES AND/OR COMPANY IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT DEROGATING FROM THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT THAT DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE BY ANY COMPETENT AUTHORITY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED USD (100$).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
10. INDEMNIFICATION
You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any losses, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to:
- any use of your account and/or your use of the Services;
- your violation of any third party right, including, without limitation, any copyright, property, or privacy right, and including any third party claim in respect of the Submitted Materials; and
- any breach of these Terms.
11. THIRD PARTY CONTENT, PRODUCTS AND SERVICES
- The Services contain content, links and references to third party services, products and resources. Company does not control the availability and content of those third party services, products and resources. Any concerns regarding any such services, products or resources, or any content or link thereto, should be directed to the applicable third party service, product, or resource provider.
- Links are provided only as an informational resource, simply as a service and only for your convenience. Company is not responsible or liable for such links and/or content. Should you leave the Services via a link contained herein and/or view content that is not provided by Company, you do so at your own risk and Company shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content.
- Some of the content and materials available through the Services may be provided by third parties. No reference made in the Services to any third party content (including Submitted Materials and advertisements), product, process, service, payment portal, or provider of such product, process or service ("Third Party Content") constitute or imply an endorsement, recommendation or favoring by Company. The Third Party Content may include payment portals accessible through the Services, such payment portals, regardless of their framing, branding or design, are provided by third parties in respect of third party products and are made available through the Services solely for your convenience.
- Any opinions, advice, statements, content, services, products, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Company and Company does not endorse, promote, solicit, recommend or sell them or any Third Party Content in any way nor shall Company be responsible or liable for any of the foregoing. Any product or service ordered in respect of Third Party Content is not ordered from Company, but from the applicable third party service or product provider. Company is not a party to any transaction in respect of sale or delivery of Third Party Content. Company is a mere conduit in respect of Third Party Content and provides a platform that may be used for information purposes only and for ease of access to third parties who market and sell such products. Company does not screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing. When you click on links to various merchants or providers on the Services and make a purchase, this can result in us earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
12. NOTICE AND TAKEDOWN
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to Company contacting Company with the contact details available on the Services, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
13. TERMINATION
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Company IPR immediately (including, without limitation, the license set forth in Section 2.1 above), at our sole discretion and without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 2.2, 3-14.
Without derogating from any other right and remedy provided to Company under law and/or these Terms, Company reserves the right to limit or revoke your license and access to and/or use of the Services and/or the Company IPR in its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms. If your license to use the Services expires or is terminated, Company may, without notice, delete or deny you access to any of the Company IPR, Submitted Materials or meta data that may remain in its possession or control.
14. Arbitration, Class Waiver, and Jury Waiver
14.1 Applicability of Arbitration Agreement.
All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
14.2 Arbitration Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.3 Additional Rules for Non-appearance Arbitration.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
14.4 Authority of the Arbitrator.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
14.5 Waiver of Jury Trial.
YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
14.6 Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13(12) below.
14.7 Confidentiality.
No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
14.8 Right to Waive.
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
14.9 Opt-out. You may opt out of this arbitration agreement.
If you do so, neither you nor Company can force the other to arbitrate. To opt out, you must notify Company in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Company username and the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to Company's address published on the Services.
14.10 Small Claims Court.
Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.
14.11 Arbitration Agreement Survival.
This arbitration agreement will survive the termination of your relationship with Company.
14.12 Venue for Excluded Disputes.
Excluded Disputes shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in respect of Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.
14.13 U.N. Convention.
The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.
15. GENERAL
if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms;
You acknowledge and agree that Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other elements of the Services or any part thereof; (iii) this is the entire agreement between you and Company regarding the subject matter herein;
Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect;
unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Company any rights, remedies or other benefits under or by reason of these Terms. Company's affiliates, licensors and service providers shall be deemed as third party beneficiaries of the limitation of liability, disclaimer and indemnification provisions herein;
the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches;
all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion;
any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us by sending an e-mail to Company (contact details available on the Services)
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Last updated: 01/06/2018
Privacy
PRIVACY POLICY IMPORTANT: BY USING Roundforest Ltd's ( "COMPANY" OR "WE" ) SERVICES, INCLUDING WITHOUT LIMITATION ANY OF ITS APPLICATIONS OR WEBSITES (THE "SERVICES" ) YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND CONSENT THAT ALL PERSONAL DATA(AS DEFINED UNDER REGULATION (EU) 2016/679 (GENERAL DATA PROTECTION REGULATION) ( "PII" ) THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED THROUGH THE SERVICES MAY BE PROCESSED BY THE COMPANY IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
SUMMARY
Information You Provide.
If you use the Services (defined below), we will need your PII (defined below) such as your name, photo, address, e-mail address, phone number and your social network or third party service provider user ID through which you registered/accessed the Services.
Information We Collect.
We may collect your PII from third parties (including without limitation, from social media plug-in in the Services or from Third Party Platforms (defined below) you interact with or access the Services from), communications you send us, and aggregate data. We also automatically collect and record PII through your use of the Services such as your IP address, IDFA identifiers, cookie information, device ID and technical information regarding the method and nature of your use of the Services. At any time, you may opt-out from receiving newsletters and promotional communications from us.
How We Use Your Information.
We use your PII for purposes such as providing you with, improving and operating the Services, understanding usage trends and user preferences, assisting users with online purchasing decisions, personalizing the Services and interest based ads and in order to protect the Services from threatening activities.
Cookies, Web Beacons and Third Party Processors.
We use cookies to collect the information described in this privacy policy, to manage and maintain the Services and to track your use of the Services. We may also use web beacons, third party tracking technologies and third party providers.
Links.
The Services may contain links to other services, sites and applications that are subject to their own privacy and data protection policies.
Children.
We do not intend to collect PII from anyone we know to be under 13 years old. If you believe that we might have collected such information, please contact us.
Information Sharing.
We grant access to your PII to our affiliates, representatives, agents, third party service providers and business affiliates on whose website or platform you use the Services. In addition, we may share your PII if required for the provision and maintenance and improvement of the Services; to satisfy applicable law; to prevent fraud or harm; to enforce agreements; or in the event of a merger, acquisition or other structural change or form of sale of part or all of our assets.
Information Security.
We follow generally accepted industry standards to protect against unauthorized access, alteration, disclosure or destruction of your PII however we cannot guarantee its absolute security.
Retention Periods.
We retain your PII as needed for the purposes for which it was collected and for lawful, ethical and document retention purposes.
Data Integrity
We process PII only for the purposes for which it was collected and take reasonable stapes to ensure that the PII we process is accurate, complete and current. However, we depend on you to rectify your PII when necessary. We may delete or avoid from recording and storing any information at our discretion.
Data Subjects' Rights.
At any time, you may contact us and request to exercise your rights in accordance with applicable law. For more details see Section 9 below.
Enforcement.
We will cooperate with the appropriate regulatory authorities to resolve any formal written complaints regarding processing of PII that cannot be resolved between us and the complaining individual.
Consent to Processing and Transferring of PII.
Your PII may be stored and processed in a country outside the country of your residence or from which you access the Services. Transfers of your PII outside the EEA will comply with applicable laws.
Your California Privacy Rights and Do Not Track Notices.
If you are a California resident you may contact us and request information regarding your PII disclosed to third parties for their direct marketing purposes. We do not respond to Do Not Track signals.
Policy
You are not legally required to provide us with PII, however, some features of the Services require you to do so pursuant to this Privacy Policy. In these cases, if you choose to withhold any PII requested by us, it may not be possible for you to access or utilize certain Services. We recognize that privacy is important. This policy applies to all of the software, services, information, tools, features and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us using the contact details published on our Services.
1. Information We Collect, Why and How We Use It.
In order to provide and improve our Services, we may collect PII, including the following types of information:
1.1 Information You Provide.
For some features of the Services we ask you for personal information, including: name, photo, email address, physical address, phone number, your social network or third party service provider user ID through which you accessed or registered to the Services (e. g. Facebook ID, hereinafter, "Third Party Platforms" ).
1.2 Third Parties.
We sometimes supplement the information that you provide with information that is received from third parties. If you access the Services through any Third Party Platforms, or interact with any Third Party Platforms or other social media plug-in in the Services (such as a Facebook "Like" button) we may receive information from your respective social media or Third Party Platforms account, including your account information, photo and any information defined as public pursuant to the policies of such Third Party Platforms and/your settings in the respective Third Party Platform.
1.3 User Communications.
When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you push notifications to send you news and updates in respect of the Services. We may also send you newsletters and promotional communications, you may opt-out of this service at any time by submitting a request at the following email address: contact@roundforest.com.
1.4 Aggregated Personal Data.
In an ongoing effort to better understand and serve the users of the Services, Company often conducts research on its customer demographics, interests and behavior based on the PII and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
1.5 User Information.
When you use our Services, we may automatically receive and record information from your device and browser, including your IP address, IDFA identifiers (for iOS devices), Identifier for Advertising (for iOS devices) and Google Advertiser IDs (for Android devices) (such identifiers are collected herein for the following purposes, among other things: frequency capping, attribution, conversion events, estimating the number of unique users, advertising fraud detection, and debugging) cookie information, search history, device ID, Android ID, your regional and language settings, the physical location of your device (if you have permitted your mobile or other location-aware device to transmit location data), network status (WiFi/3G), and software and hardware attributes. We may use your location (city) (if you have permitted your mobile or other location-aware device to transmit location data) to learn how to adjust and personalize your use of the Services. Our systems may automatically record and store technical information regarding the method and nature of your use of the Services, including without limitation which pages of the Services our visitors view and impressions. An IP address is a numeric code that identifies your device on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information.
1.6
The Company uses all of the PII that we collect for various reasons for example: We need the PII in order to provide or operate the Services, including to provide customer support and process your requests, questions and concerns; to understand the usage trends and preferences of our users; assist our users with online purchasing decisions; using information to personalize content and features on our sites and the services; collecting our services usage, analytics and performance data relating to our services, in order to maintain, analyze, develop, update, and improve our products and services; protecting against activities that may threaten the security, integrity, or availability of our or another party’s products, systems, and services; for personalizing interest based ads; marketing and selling our products and services; maintaining corporate or business records consistent with our retention policies and applicable law. We also use aggregated data for monetization.
2. Cookies; web beacons and third party processors.
In order to collect the data described herein we may use temporary cookies that remain on your device for a limited period of time. We may also use persistent cookies that remain on your device until manually removed in the settings of your device/browser, in order to manage and maintain the services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your device. Cookies do not damage your device.
Some of the cookies that we set when you visit our Services are essential to the working functionality of the Services. Performance cookies are another type of cookies uses to provide with you a better user experience and to improve how content on our website is presented.
Most browsers or devices may allow you to block cookies block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We may also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if and when an email has been opened and acted upon.
We also use third party tracking technologies (including technologies of Rakuten Marketing LLC, Amazon Services LLC and eBay Partner Networks Inc.'s), such as cookies and web beacons and various third party providers to process and analyze your PII, profile end user activities and provide targeted ads, including without limitation tracking your use of the Services and third party services and sites. To learn more about interest based ads and for certain opt-out options see for example: www.aboutads.info/choices, https://tools.google.com/dlpage/gaoptout, www.allaboutcookies.org, http://optout.networkadvertising.org/?c=1#!/.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon.com.
3. Links.
Links to other services, sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This privacy statement applies solely to PII collected by us.
4. Children.
If you are a child under the age of 13, you must not use our Services or provide us with your PII. The Company will not knowingly contact or engage with children under the age of 13. If you have reason to believe that a child has provided us with their PII, please contact us at the email address contact@roundforest.com and we will endeavor to delete that PII from our databases.
5. Information Sharing.
As part of providing the Services and/or generating and processing analytics, our affiliates, agents representatives and third party providers may have access to your PII. The Company may also share PII in the following circumstances: (a) as required for the provision, maintenance and improvement of the Services; (b) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets; and/or (c) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof. The Services may link to third party content, products and services. Any PII that you provide in connection therewith is provided to a third party. We are not responsible for the privacy and data protection practices of such third parties, or for such content, products and services, and we encourage you to read the terms and conditions and privacy policy of each third party that you choose to use or interact with. Our business affiliates on whose website or platform you use the Services will also have access to your PII. For more information about how they collect and process PII please see their privacy policy on their website. We require each of them to collect and process PII lawfully and to obtain your consent where required.
6. Information Security.
We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security.
7. Retention periods.
We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements, and delete any PII that is no longer useful or relevant to our operations.
8. Data Integrity.
The Company processes PII only for the purposes for which it was collected and in accordance with this policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.
9. Data Subjects' Rights.
Right of Access and Rectification. You have the right to know what PII we collect about you and to ensure that such data is accurate and relevant for the purposes for which Company collected it. We allow our users the option to access and obtain a copy of their PII and to rectify such PII if it is not accurate, complete or updated. However we may first ask you to provide us certain credentials to permit us to identify your PII.
Right to Delete Personal Information or Restrict Processing. You have the right to delete your PII or restrict its processing. We may postpone or deny your request if your PII is in current use for the purposes for which it was collected or for other legitimate purposes such as compliance with legal obligations.
Right to Withdraw Consent. You have the right to withdraw your consent to the processing of your PII. Exercising this right will not affect the lawfulness of processing your PII based on your consent before its withdrawal.
You may exercise the above rights by sending a request to contact@roundforest.com.
Right to Lodge Complaint. You also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of your PII.
Right of Data Portability. Where technically feasible, you have the right to ask to transfer your PII in accordance with your right to data portability
10. Enforcement.
The Company regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of PII by contacting our data protection officer at DPO@roundforest.com. When we receive formal written complaints it is the Company's policy to contact the complaining user regarding his or her concerns. The user may also lodge complaint with relevant data protection authorities ,We will cooperate with the appropriate regulatory authorities in accordance with applicable law, including local data protection authorities, to resolve any complaints regarding the processing of PII that cannot be resolved between the Company and an individual.
11. Changes to This Privacy Policy.
We reserve the right, in our sole and absolute discretion, to change this Privacy Policy at any time. Such change will be effective following posting of the revised Privacy Policy on our Services, and your continued use of our Services shall mean that you accept those changes.
We will notify you about significant changes in the way we treat PII by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Services. We encourage you to periodically review this policy for the latest information about our privacy practices.
12. Consent To Processing and Transferring of PII.
By providing any PII to us pursuant to this policy, all users, including, without limitation, users in the United States, Israel ,member states of the European Union, and other regions, fully understand and unambiguously consent to this policy and to the collection and processing of such PII abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country. By submitting your PII through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this policy. If you do not consent to the terms of this policy, please do not use the Services. If we transfer your PII outside of the EEA we will, in the absence of an EC Adequacy decision relevant to the destination country or to the transfer, seek to rely on appropriate safeguards such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient): https://www.privacyshield.gov/welcome, or enter into appropriate EC approved standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm ).
13. Questions.
If you have any questions about this policy or concerns about the way we process your PII, please contact our Data Protection Officer at DPO@roundforest.com.
14. Your California Privacy Rights and Do Not Track Notices.
California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us using the contact details published on our Services. Please note that we are only required to respond to one request per customer each year. You are also advised that Company does not respond to “Do Not Track” signals.
Last Date Updated: July 8, 2018.
