As a participant (“Attendee“) of certain event (the “Event“) organized by certain third party (the “Event Organizer“), you have been provided by the Event Organizer with an access to our digital event swag bag platform (the “Platform“). Much like traditional event swag bags, the Platform allows you to elect special promotional offerings and advertisements made available by the Event Organizer and/or third party advertisers to the Attendees of the Event (each, an “Offer“). You are offered to elect any of these Offers in the manner indicated within the Services and by doing so you hereby provide us with your consent to provide the respective Event Organizer and/or third party advertisers with the personal and non-personal information collected about you through the Services for the purpose of contacting you in connection with the Offers you have elected and/or other products and/or services. You hereby acknowledge and agree that we do not control the use, processing, storage, transmission and/or other dissemination of your information by such third parties. You further acknowledge and agree that such third party and/or third party service providers employed by them for such purposes may be located anywhere in the world, including, without limitation, the USA, European Economic Area and/or Israel. You further acknowledge and agree that any information may be received and/or processed and/or stored by us on our servers and/or third party storage service providers’ servers located in the USA, European Economic Area and/or Israel and managed and processed by us from Israel and/or the USA.
Dealings with Third Parties
Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such content on the Services, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Services.
Our primary objective in collecting user information is to provide and enhance the Services and to enable users to enjoy the Services.
In order to register to our Services, you may be asked to sign-in using your relevant information and/or social network’s login (such as your Facebook or LinkedIn login). By doing this, you authorize us to access certain social network account information, including information about your social network contacts (such as your Facebook or LinkedIn friends). By allowing us to access your social network’s account, you understand that we will obtain and may share, without limitation, your name and profile picture, as well as the name and profile picture of your contacts.
When you register to, or use, the Services or any portion thereof, we may collect and record the information you provide to us, whether through the Services or through social networks or other third party services (collectively, the “Account Information“).
“Personal information” means information about you that can be used to contact or identify you. The personal information types collected in accordance with the Services may vary depending on the activity and may, without limitation, include:
- First name;
- Last name;
- Address (City and State);
- Country Code;
- Personal Site;
- Facebook profile link;
- GitHub profile link;
- Twitter profile link;
- Angellist profile link;
- LinkedIn profile link;
- Aboutme profile link;
- Company of Employment;
- Employment title;
- Employment seniority;
- Employment role;
- Your languages;
- Education details;
- List of the members you are connected with through the applicable social network (such as a friend list);
- Profile pictures; and
- Any other relevant information included in your application, social network or other online profile.
“Non-personal information” is information that, when taken alone, cannot be used to identify or contact you. During your use of the Services we may collect non-personal information about your use of the Services. We may also invite you to share non-personal information about yourself which may, without limitation, include:
- Your age or date of birth;
- Your gender; and
- Any other non-personal information included in your application, social network or other online profile.
If non-personal information is collected for an activity that also requires personal information, we may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the value and quality of the Services and to analyze how the Services are used.
In addition to information collected as described above, you may choose to share additional information about yourself through the Services.
Other information we may collect includes information about your computer, software, platform, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection, browser type, browser language, referring pages, exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity so that we can better understand customer behavior and improve our products, services, and advertising. We may also receive either non-personal or public information from third parties in connection with market and demographic studies and/or data that we may use to supplement personal information provided directly by you.
Use of Your Information
The information you provide and/or collected about you will be used for the purpose of providing you with the Services and improving the Services (including, without limitation, by disclosing and providing your personal and non-personal information to the Event Organizer and/or third party advertisers you have elected their Offers) and for any other purpose stated herein; however, such information will not be disclosed, rented, loaned, leased, sold, or otherwise voluntarily distributed to unaffiliated third parties, except as set forth herein. For example, we can use your personal information to:
- help make the Services easier for you to use by not having to enter information more than once.
- help you quickly find information and services.
- help us create and/or display content that is most relevant to you.
The personal information you provide will allow us to send you messages regarding, among other things, new products or services, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may at any time opt-out of any of these communications.
We may also use personal and non-personal information, both individually and combined together, to better understand the behavior and preferences of our customers and users, to troubleshoot technical problems, to serve static and dynamic advertising, to ensure proper functioning of our products and services as well as to help improve Services and their content. In addition, we may combine non-personal information with personal information, such as an e-mail address, to administer loyalty programs, and to tailor our offerings and/or web pages.
If you choose to use a referral service to “tell a friend” about a Service, we may ask you for your friend’s name and e-mail address or other contact information. We will send your friend an email or other medium message on your behalf inviting him or her to visit the relevant website or check out the Service. We store your friend’s name and contact information for the sole purpose of sending this message and for redundancy checking, to be sure that your friend does not receive multiple copies of the same message. We do not keep or use this information for any other purpose, unless such friend registered to the Service.
WE WILL RETAIN AND USE YOUR INFORMATION FOR AS LONG AS THE RELEVANT EVENT IS ACTIVE OR AS NEEDED TO PROVIDE YOU THE SERVICES. IF YOU WISH WE NO LONGER USE YOUR INFORMATION AS SET FORTH HEREIN, YOU MAY DO SO AT ANY TIME BY CONTACTING US AT THE E-MAIL ADDRESS PROVIDED IN THE “CHANGING OR DELETING YOUR INFORMATION” SECTION BELOW. NOTE THAT THERE MAY BE INSTANCES WHERE WE ARE LEGALLY REQUIRED TO RETAIN YOUR INFORMATION.
Access through Social Network Services
Third Party Service Providers
We may employ third party companies and individuals to facilitate the Services or any portion thereof, to provide the Services or any portion thereof on its behalf, to perform tasks (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services) or to assist us in analyzing how the Services are used.
From time to time, we employ third party contractors to collect personal information on our behalf to provide e-mail delivery, product, prize or promotional fulfillment, contest administration or other services through the Services. When requesting these services, you may be asked to supply your name, mailing address, telephone number and e-mail address to such contractors. We may ask some third party contractors, such as, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our Services and related advertising to better meet our visitors’ needs and preferences. To enrich our understanding of individual customers, we may tie this information to the information you provide us.
Note that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. We have no control over the information sent from your browser to those networks or other third parties and recommend that you ensure that your browser settings prevent the disclosure of information you would not like to share.
Disclosure of Your Personal Information
You understand and agree that we may be required to disclose personal information if required to do so by law or in the belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including, but not limited to a subpoena, statute, search warrant, or court order, or to protect our, or a third party’s, property and rights, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
We may also disclose information about you if we determine that such disclosure is reasonably necessary to enforce the terms and conditions of the Services or to protect our operations or users. Additionally, we may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
The Services may contain links to other websites or applications. The fact that the Services link to a website or application or presents a banner ad or other type of advertisement does not mean that we endorse or authorize that third party, nor is it a representation of any affiliation with that third party. If you click on a link to a third party website or application, including on an advertisement, you will leave our website which you are visiting or application you are running and will go to the website or application linked to. These third party websites and applications may place their own cookies or other files on your computer or mobile device, and may collect data or solicit personal information from you. Other sites and applications follow different rules regarding the use or disclosure of the personal information you submit to them. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as us. You are therefore encouraged to read the privacy policies or statements of other websites and applications you visit before providing any personal information.
Changing or Deleting Your Information
If you would like us to delete your records in our system, please contact us at email@example.com and we will accommodate your request in connection with the relevant Event, except to the extent legally obligated to retain certain records.
We have made reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes.
Privacy of Children
The Services are not intended for children under the age of 13. We do not knowingly collect personal information online from visitors in this age group. All users must be (a) at least of legal age to form a binding contract with us or under the strict and continuous supervision of a parent or any other qualified legal guardian, and (b) not barred from receiving the Services under the laws of the country in which they are resident or from which they use the Services.
While we are very passionate about our Service and feel it can truly benefit our users, we believe it is not appropriate for children. In order to assist us with ensuring children do not enter or use our Service, please let us know of any activity you have encountered, or reasonably suspect, by children under the age of 13.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND EVERTHERE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EVERTHERE DOES NOT WARRANT THAT THE PLATFORM AND/OR SERVICES WILL BE FREE FROM DEFECTS, IDENTIFY SECURITY VULNERABILITIES, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. EVERTHERE IS NOT RESPONSIBLE, AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN EVERTHERE. EXCEPT FOR ANY WARRANTIES EXPRESSLY STATED IN THESE TERMS, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PLATFORM OR AS TO THE SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY OF THE PLATFORM REMAINS WITH YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT EVERTHERE DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE EVERTHERE PLATFORM OR OF COMMUNICATIONS MADE USING THE EVERTHERE PLATFORM AND ASSUME ALL RISKS ASSOCIATED WITH SUCH SECURITY AND COMMUNICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVERTHERE OR ANY OF ITS SUPPLIERS BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY) FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, CORRUPTION OR LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY) ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS OR ANY RELATED AGREEMENT FOR SERVICES ENTERED INTO BY THE PARTIES OR ANY TRANSACTION BETWEEN THE EVENT ORGANIZER AND/OR THIRD PARTY ADVERTISER AND YOU, EVEN IF EVERTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EVERTHERE’S SOLE LIABILITY FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY RELATED AGREEMENT FOR SERVICES ENTERED INTO BY US OR ANY TRANSACTION BETWEEN THE EVENT ORGANIZER AND/OR THIRD PARTY ADVERTISER AND YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY EVERTHERE FROM THE EVENT ORGANIZER SOLELY IN CONNECTION WITH THE RELEVANT EVENT AND DURING THE THIRTY (3O) DAYS’ PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO SUCH LIABILITY, BUT IN ANY EVENT NOT MORE THAN US$100. YOU AND EVERTHERE AGREE THAT 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.
Last update: June 5th,2016
All rights reserved, Gramsoft Ltd. 2016