AMP Global Privacy Policies and Terms & Conditions

Contents

    AMP

    At AMP, we care deeply about your privacy.

    This Privacy Policy is published centrally on https://useamp.com. While AMP is a unified brand, each product or service is legally operated by a separate entity within the group, and that entity is solely responsible for the handling and processing of your personal data. AMP does not act as the data controller for any individual product or customer data.

     

    Operating Entities and Data Controllers:

    • Lifetimely– Operated and owned by Lifetimely Oy based in Finland. See separate privacy policy here.
    • Back in Stock – Operated and owned by Hel-SG Pte Ltd, based in Singapore. See separate privacy policy here.
    • Upsell– Operated by AppHQ Pte Ltd, based in Singapore, covered under this AMP Group Privacy Policy
    • Slide Cart - Operated by AppHQ Pte Ltd, based in Singapore, covered under this AMP Group Privacy Policy
    • Australia Post Shipping - Operated by Addition Apps Pte Ltd, based in Singapore, covered under this AMP Group Privacy Policy

     

    For clarity, when we use the terms “AMP,” “we,” “our,” or “us” in this Privacy Policy, we are referring to the specific legal entity within the Group that operates the product or service you are using. Each entity is independently responsible for its own data practices under this policy.

    Global Privacy Policy

    At AMP, accessible from https://useamp.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by AMP and how we use it.

    If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

    This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in AMP. This policy is not applicable to any information collected offline or via channels other than this website.

     

    Consent

    By using our website, you hereby consent to our Privacy Policy and agree to its terms. 

     

    Information we collect

    The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

    If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

    When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

     

    How we use your information

    We use the information we collect in various ways, including to:

    - Provide, operate, and maintain our website
    - Improve, personalize, and expand our website
    - Understand and analyze how you use our website
    - Develop new products, services, features, and functionality
    - Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
    - Send you emails
    - Find and prevent fraud
    - Log Files

    AMP follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

     

    Cookies and Web Beacons

    Like any other website, AMP uses "cookies". These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information. 

     

    Advertising Partners Privacy Policies

    You may consult this list to find the Privacy Policy for each of the advertising partners of AMP.

    Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on AMP, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

    Note that AMP has no access to or control over these cookies that are used by third-party advertisers.

     

    Third Party Privacy Policies

    AMP's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

    You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

     

    CCPA Privacy Rights (Do Not Sell My Personal Information)

    Under the CCPA, among other rights, California consumers have the right to:

    • Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
    • Request that a business delete any personal data about the consumer that a business has collected.
    • Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
    • If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

     

    GDPR Data Protection Rights

    We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

    The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

    The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

    The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

    The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

    The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

    The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

    If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. 

     

    Children's Information

    Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

    AMP does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. 

     

    Changes to This Privacy Policy

    We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

    Our Privacy Policy was created with the help of the Privacy Policy Generator.

     

    Contact Us

    If you have any questions or suggestions about our Privacy Policy, you can write to us at our head office address.

    Our company is registered at:

    90 Eu Tong Sen Street
    #03-02
    Singapore
    059811

    Back in Stock

    Back in Stock Privacy Policy

    This privacy policy applies between you, the User of this Website and HEL SG PTE. LTD., the owner and provider of this Website https://useamp.com Back in Stock takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

    If you are a California resident, please see the CCPA Privacy Policy.

    If you are an EEA/EU resident please see the GPDR Privacy Policy.

     

    Definitions and interpretations

    In this privacy policy, the following definitions are used:

    1. Data: Collectively all information that you submit to Back in Stock via the Website. This definition incorporates, where applicable, the definitions provided in the European Union’s 2018 General Data Protection Regulation (GDPR);
    2. Credit & Debit Card Data: We do not store credit card details nor do we share customer details relating to financial data with any 3rd parties;
    3. Cookies: A small text file may be placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
    4. Back in Stock, HEL SG PTE. LTD., we or us: Back in Stock, owned fully by HEL SG PTE. LTD., a company incorporated in Victoria, British Columbia, Canada with whose registered office is at 113-1834C Oak Bay Avenue, V8R 0A4;
    5. UK and EU Cookie Law: the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and the European Union’s 2018 General Data Protection Regulation;
    6. User or you: any third party that accesses the Website and is not either (i) employed by HEL SG PTE. LTD. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to HEL SG PTE. LTD. and accessing the Website in connection with the provision of such services; and
    7. Website: the website that you are currently using, https://useamp.com/ and any sub-domains of this site unless expressly excluded by their own terms and conditions.

    In this privacy policy, unless the context requires a different interpretation:

    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. “including” is understood to mean “including without limitation”;
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of this privacy policy.

     

    Scope of this privacy policy

    This privacy policy applies only to the actions of Back in Stock and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites or externally-facing URLs provided throughout the course of using Back in Stock.

     

    Data collected

    When you install Back in Stock, we are automatically able to access certain types of information from your Shopify account:

    1. Shop resource: the store’s general settings and information, including name, domain, currency, language, location and contact email address;
    2. Products: the store’s product catalog, including details on each product variant, images and collections;
    3. Orders: the store’s orders including details of the customer, their cart, and any transactions;
    4. Storefront: the store’s themes, including all files, pages, texts, assets and script tags.

    Information about individuals who visit your store and register for a back in stock notification:

    1. Email address;
    2. Marketing consent;
    3. Web browser language and time zone.in each case, in accordance with this privacy policy.

     

    Our use of data

    1. For purposes of GDPR, Back in Stock acts as the “data controller”.
    2. We will retain any Data you submit for as long as Back in Stock deems it necessary to provide adequate service to the User, unless explicitly asked by a User for their Data to be deleted.
    3. Unless we specifically say otherwise, your Data will never be intentionally disclosed to third parties for the sake of administering better service, but never for marketing purposes through various affiliates and / or other companies within our group.
    4. All personal Data is stored securely in accordance with the principles of the European Union’s General Data Protection Regulation. For more details on these two security regulations see the clause below (Security).
    5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
      - internal record keeping;
      - improvement of our products / services;
      - transmission by email of promotional materials that may be of interest to you;
      - The ability to make automated decision making, including profiling, only for the purpose of offering a better and more personalized experience for the User or marketing to new users based on information from the users of Back in Stock in aggregate;
      - in each case, in accordance with this privacy policy.

     

    Third party websites and services

    1. Back in Stock may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website and may be located in various locations throughout the world.
    2. Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the GDPR.
    3. Additionally, Data can be transmitted to 3rd parties for relevant marketing purposes at the sole discretion of those employed by HEL SG PTE. LTD. and Back in Stock.

     

    Links to other websites

    This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

     

    Changes of business ownership and control

    1. HEL SG PTE. LTD. may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Back in Stock. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
    2. We may also disclose Data to a prospective purchaser of our business or any part of it.
    3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

     

    Controlling use of your Data

    Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

    1. You have the right to ask for a copy of any of your store’s account data held by Back in Stock
    2. You have the right to withdraw consent necessary to use the services provided by Back in Stock at any time.
    3. You have the right for your data to be deleted from the servers and databases of Back in Stock

     

    Functionality of the Website

    1. To use all features and functions available on the Website, you may be required to submit certain Data.
    2. In order to use the service administered by https://useamp.com/ all Users must consent for HEL SG PTE. LTD. to use your data for purposes HEL SG PTE. LTD. sees fit as outlined elsewhere in the Privacy Policy. Refusal to offer consent is grounds for HEL SG PTE. LTD. to block access to services offered by https://useamp.com/ .
    3. A User may revoke consent at any time.
    4. You may restrict your internet browser’s use of Cookies. For more information see the clause below (Cookies).

     

    Security

    1. Data security is of great importance to HEL SG PTE. LTD. and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
    2. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.
    3. We endeavor to do our best to protect your personal Data. However, transmission of information over the internet is not always perfectly secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website

     

    Cookies

    1. This Website may place and access certain Cookies on your computer.  https://useamp.com/ uses Cookies to improve your experience of using the Website and to improve our range of products and services. https://useamp.com/ has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
    2. All Cookies used by this Website are used in accordance with current EU Cookie Law.
    3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling HEL SG PTE. LTD. to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
    4. This Website may place the following Cookies:
      - Type of Cookie: Strictly necessary cookies
      - Purpose: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
    5. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
    6. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

     

    General

    1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
    2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
    3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    4. The Privacy Policy is governed by and interpreted according to the laws of Canada. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of this Privacy Policy shall be referred to and finally determined by the competent courts of the Province of British Columbia and British Columbia law shall apply.
    5. For any questions or concerns relating to the use of your User Data while using Back in Stock, you are welcome to contact the HEL SG PTE. LTD.’s chosen Data Protection Officer who can be reached by sending an email to [email protected].
    6. Every user of Back in Stock has a variety of rights relating to the use of their data while using Back in Stock, including the right to lodge a complaint with a supervisory authority.

     

    Changes to this privacy policy

    HEL SG PTE. LTD. reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

    Our data protection officer is heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, [email protected].

    This Policy was last updated February 23, 2024

    CCPA Privacy Policy

    BACK IN STOCK CALIFORNIA PRIVACY NOTICE

    ‍This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the BackInStock Global Privacy Notice and our subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

    Under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents who provide personal information in obtaining products or services from BackInStock are entitled to request and obtain from us once per calendar year information about the customer information about them that we have shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities). If you are a California resident and would like a copy of this information, please submit a written request to:

    Data Protection Officer,

    Back in Stock,
    HEL SG PTE. LTD.
    90 Eu Tong Sen Street #03-02,
    Singapore 059811

    Back in Stock does not sell your personal information, so there is no need to opt-out

     

    Information we collect

    We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

    Category Examples Collected
    A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.YES
    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.NO
    C. Protected classification characteristics under California or federal law.Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).NO
    D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.NO
    E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.NO
    F. Internet or other similar network activity.Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.NO
    G. Geolocation data.Physical location or movements.NO
    H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.NO
    I. Professional or employment-related information.Current or past job history or performance evaluations.NO
    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
    K. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

    Personal information does not include:

    • Publicly available information from government records.
    • De-identified or aggregated consumer information.
    • Information excluded from the CCPA’s scope, such as:
      - Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
      - personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

     

    Use of personal information

    We may use or disclose the personal information we collect for one or more of the following business purposes:

    • Directly from our clients or their agents. For example, from your signing up on our website or our client’s website
    • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
    • Directly and indirectly from activity on our website https://useamp.com/ or those of our clients. For example, from entries through our website portal or website usage details collected automatically.
    • From third-parties that interact with us in connection with the services we perform.

     

    Sharing personal information

    We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

    In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

    ‍Category A: Identifiers.

    We disclose your personal information for a business purpose to the following categories of third parties:

    • Our affiliates.
    • Service providers.
    • Third parties to whom you or your agents authorize us to disclose your personal information in connection with the products or services we provide to you.

    In the preceding twelve (12) months, we have not sold any personal information.

     

    Your California Rights and Choices

    The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

     

    Access to Specific Information and Data Portability Rights

    You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

    • The categories of personal information we collected about you.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you (also called a data portability request).
    • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
      - sales, identifying the personal information categories that each category of recipient purchased; and
      - disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

     

    Deletion Request Rights

    You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

    We may deny your deletion request if retaining the information is necessary for us or our service providers to:

    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

     

    Exercising Access, Data Portability, and Deletion Rights

    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at [email protected] with the subject line of “CCPA Request”

    Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

    You may also make a verifiable consumer request on behalf of your minor child.You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

     

    Response Timing and Format

    We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request

     

    Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

    • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services.
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

     

    Changes to Our Privacy Notice

    We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website privacy policy.

     

    Contact Information

    If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

    Website: https://useamp.com/ 

    Email: [email protected] with the subject line of “CCPA Request”

    Postal Address:

    Data Protection Officer,
    Back in Stock,
    HEL SG PTE. LTD.
    90 Eu Tong Sen Street #03-02,
    Singapore 059811

    Last modified: October 6th, 2020

    GPDR Privacy Policy

    This privacy notice applies to EU/EEA residents accessing Back in Stock’s services from the EU/EEA and will explain how we use the personal data we collect from you when you use our website.

    Topics:

    • What data do we collect?
    • How do we collect your data?
    • How will we use your data?
    • How do we store your data?
    • Marketing
    • What are your data protection rights?
    • What are cookies?
    • How do we use cookies?
    • What types of cookies do we use?
    • How to manage your cookies
    • Privacy policies of other websites
    • Changes to our privacy policy
    • How to contact us
    • How to contact the appropriate authorities

     

    What data do we collect?

    Back in Stock may collect the following data:

    • Personal identification information (name, email address, phone number, etc.)
    • Items you are interested in obtaining from specified stores.
    • Information from you interacting with our website, our customer’s website, or communicated voluntarily by you via email or phone call

     

    How do we collect your data?

    You directly provide Back in Stock or our Shopify Customer site with most of the data we collect. We collect data and process data when you:

    • Register online or place an order for any of our products or services.
    • Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
    • Use or view our website via your browser’s cookies.When you communicate with us via email or phone call

     

    How will we use your data?

    Back in Stock collects your data so that we can:

    • Process your instructions and manage your account
    • Inform you of whether the items you have searched for are Back In Stock.

     

    How do we store your data?

    Back in Stock securely stores your data on Amazon Cloud Services in the USA, using commercially reasonable security practices.

    Back in Stock is both a Controller and a Processor, depending on the circumstance. You have the ability to access and modify your data when it is on our platform.

    Back in Stock is also a platform for Shopify Websites.

     

    Marketing

    Back in Stock would like to send you information about products and services of ours that we think you might like.

    If you have agreed to receive marketing, you may always opt out at a later date.You have the right at any time to stop Back in Stock from contacting you for marketing purposes or giving your data to other members of the Back in Stock Group.

    If you no longer wish to be contacted for marketing purposes, please click here (how to unsubscribe link here)

     

    What are your data protection rights?

    Back in Stock would like to make sure you are fully aware of all of your data protection rights.

    Every user is entitled to the following:

    The right to access – You have the right to request Back in Stock for copies of your personal data. We may charge you a small fee for this service to cover the costs of retrieval.

    The right to rectification – You have the right to request that Back in Stock correct any information you believe is inaccurate. You also have the right to request Back in Stock to complete the information you believe is incomplete.

    The right to erasure – You have the right to request that Back in Stock erase your personal data, under certain conditions. You may also contact the relevant Shopify store directly to erase your data.

    The right to restrict processing – You have the right to request that Back in Stock restrict the processing of your personal data, under certain conditions.

    The right to object to processing – You have the right to object to Back in Stock’s processing of your personal data, under certain conditions.

    The right to data portability – You have the right to request that Back in Stock transfer the data that we have collected to another organization, or directly to you, under certain conditions.

    If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: [email protected] with the subject line of “GDPR Request”. Emails with any other subject line cannot be guaranteed to be responded to within the same timeframe.

    EU Representative:

    ‍If you are an individual in the EU, you can also contact Jack Baylor, who is based in the Republic of Ireland and has been appointed as Back in Stock’s representative in the EU pursuant to Article 27 of the GDPR on matters related to the processing of personal data activities that take place in the EU. To make such an inquiry, please write to Jack Baylor at 2 Ashton Place, Gardiner’s Hill, Cork, Ireland.

     

    Cookies

    Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.For further information, visit allaboutcookies.org.

     

    How do we use cookies?

    Back in Stock uses cookies in a range of ways to improve your experience on our website, including:

    • Keeping you signed in
    • Understanding how you use our website
    • To improve website usabilityTo improve your website experience

     

    What types of cookies do we use?

    There are a number of different types of cookies, however, our website uses:

    • Functionality – Back in Stock uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
    • Advertising – Back in Stock uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Back in Stock sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

     

    How to manage cookies

    You can set your browser to not accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

     

    Privacy policies of other websites

    The https://useamp.com/ website may contain links to other websites. Our privacy notice applies only to our website, so if you click on a link to another website, you should read their privacy notice.

     

    Changes to our privacy policy

    Back in Stock keeps its GDPR privacy notice under regular review and places any updates on this web page.

    Last modified: October 6th, 2020

     

    How to contact us

    If you have any questions about Back in Stock’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

    Email us at: [email protected] with the subject line of “GDPR Request”

    Or write to us at:

    Data Protection Officer,
    Back in Stock,
    HEL SG PTE. LTD.
    90 Eu Tong Sen Street #03-02,
    Singapore 059811

    Back in Stock Terms of Service

    HEL SG PTE. LTD., a company incorporated under Canadian laws, corporation number BC1041789, which provides the Back in Stock Solution in SaaS mode through its website https://useamp.com/ or through the Back in Stock application

    By registering on the website https://backinstock.useamp.com/ or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. HEL SG PTE. LTD. strongly advises the Client to print and/or save a copy of the Terms of Service.

    These Terms of Service may be amended from time to time. It is the Client's responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client's acceptance of such revised terms.

     

    1. Definitions

    In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:

    “Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.

    “Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy policy and any potential subsequent amendments of those as well as any separate agreement entered into between HEL SG PTE. LTD. and the Client for the performance of the Service.

    “Client” means the individual or legal entity, professional only, with whom HEL SG PTE. LTD. entered this Agreement and whose name and address appear on the Account. The Client and HEL SG PTE. LTD. are hereinafter collectively referred to as the “Parties” or individually as a “Party”.

    “Back in Stock Solution” means the Back in Stock software, as well as any related applications, developed and published by HEL SG PTE. LTD.

    “Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.

    “Content” means any data, whether personal or not, related to the Client’s Shopify store, sent by Shopify to the Back in Stock Solution or collected via the store’s website.

    “Documentation” means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website https://useamp.com/ describing the functionalities of the Service and the Back in Stock Solution.

    “Service” means the grant of access to the Back in Stock Solution by HEL SG PTE. LTD. and the use of the Back in Stock Solution in SaaS mode by the Client, whether through the website  https://useamp.com/ or through the Back in Stock application, under the terms and conditions set out in the Agreement.

    “Subscribed Plan” means the fee­based plan subscribed by the Client for a fixed monthly period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website https://useamp.com/ or through specific tailored offer(s).

     

    2. Purpose of the agreement

    The purpose of this Agreement is to set out the conditions under which HEL SG PTE. LTD. provides the Service to the Client, who accepts it, a non­exclusive and non­transferable right to use the Back in Stock Solution. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.

     

    3. Service ­description, access and availability

    3.1 Description of the service

    Back in Stock Solution is a Shopify application which integrates into the Client’s Shopify online store and enables visitors to register interest in out of stock products. The Service notifies the customer via email when the product is back in stock in the Client’s store.

    The Service does not include any storage service. The Client understands that he/she/it is has the sole responsibility to ensure by all means available that all data contained in Product are saved and registered. HEL SG PTE. LTD. excludes any liability in the event of a loss of User Data.

    3.2 Access

    The Client accesses the Service through his/hers/its Shopify store account. The Client bears all liability as to the access and the use of the Account.

    3.3 Availability and support

    The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email [email protected].

     

    4. Email data and email contacts

    4.1 User data

    All data you input into the Product, including info on your Clients will not be freely given to anyone. We do not, under any circumstances, sell either your Account’s Data, your store’s data or any data collected from your store’s website, including visitors email addresses. Only authorized employees have access to view the Account’s Data.

    If someone originating from your account, account holder or someone contacted via Back in Stock at the User’s discretion playing role of “Client” complains or contacts us, we might then contact that person.

    4.2 Information collection and use by us

    We are the sole owner of information collected on the Service (including any metadata). We collect information only as necessary to fulfill the purposes set forth in the Privacy Policy and we will only use this information as described in the Privacy Policy. We may combine any or all of this data with other information we collect about you. We may view, copy, and internally distribute content from your emails and account to provide customer support.

    4.3 Data collected for and by our users

    As you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.

     

    5. Pricing, invoicing and penalties

    5.1 Pricing

    A specific pricing applies to any monthly subscription plan, which are detailed under the page https://useamp.com/pricing except for the free Account for a limited period of 14 days. The pricing is exclusively in the expressed currency. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.

    The Client may have access to a free Account for a period of 14 calendar days, during which the Client uses the Service free of charge. Each Client may subscribe only once to a free Account and shall not maintain more than one free Account. At any time during the trial period, the Client may opt for a Subscribed Plan, which will be billed by Shopify to the Client’s store. In the event of an amendment of the Client’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Client shall not be entitled to a refund. Further details of the billing cycle can be found here: https://help.shopify.com/manual/your-account/manage-billing/your-invoice.

    5.2 Payment and invoicing

    All Subscribed Plans fees are collected through Shopify. The Client will be billed and charged exclusively by Shopify. Invoices can be found in the Shopify’s store administration page. Further details can be found here: https://www.shopify.com/legal/terms.

    The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. HEL SG PTE. LTD. will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

    5.3 Penalties

    In the event of lack of payment on the due date, the features of the Product available due to a typical scheduled payment will be temporarily suspended until proper payment is made, at the Service’s discretion.

     

    6. Modification of service and pricing

    HEL SG PTE. LTD. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

    Prices of all Services, for the monthly subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website https://useamp.com/ the Back in Stock application or the Service itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.

     

    7. Terms

    The Agreement will be effective after the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan.

     

    8. Granting and undertaking of HEL SG PTE. LTD.

    HEL SG PTE. LTD. undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to HEL SG PTE. LTD. For maintenance operations, HEL SG PTE. LTD. will endeavour to inform the Client in advance by email or via the website https://useamp.com/ or the Back in Stock application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to HEL SG PTE. LTD.’s applicable rates.

     

    9. Granting and undertaking of the Client

    The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by “bots” or other automated methods are not permitted.

    The Client undertakes to:

    • acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Client;
    • ensure that the Client is trained to use the Service and Internet­based technologies;
    • maintain the security of the Account and the related password;
    • accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Client hence commits to report any changes to these information;
    • pay the contractual fees under the conditions set out in the Agreement;
    • respect HEL SG PTE. LTD.’s intellectual property rights;
    • refrain from using the Service in conditions that may impair the functioning or safety of the Service;
    • refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with HEL SG PTE. LTD.;
    • refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by HEL SG PTE. LTD.;
    • refrain from using the Service in any way that breaches any applicable local, national or international law or regulation;

    HEL SG PTE. LTD. may remove any Content information that HEL SG PTE. LTD. considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.

     

    10. Liability

    The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by HEL SG PTE. LTD. is provided solely for the use of the Service but not for the Client’s organization. HEL SG PTE. LTD. has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.

    The use of the Service is provided at the Client’s sole risk. The Client understands that the technical processing and transmission of the Service including all content given by and received by Users may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    HEL SG PTE. LTD. does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or error-­free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client’s expectations, and (v) any errors in the Service will be corrected.

    The Content is kept by HEL SG PTE. LTD. to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client’s responsibility to ensure the storage and registration of all of his/her/its data. HEL SG PTE. LTD. shall not be held responsible for any loss of User Data.

    HEL SG PTE. LTD. excludes any liability for the suspension of the Account.

    The Client understands that HEL SG PTE. LTD. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.

    The Clients also understands that, while the Back in Stock Solution offers tools to easily set up a connection with External Platforms, these are published and maintained by an independent provider external to HEL SG PTE. LTD. The Client is therefore solely liable as to the transfer, the download or any use of Content and User Data to or through an External Platform, excluding any liability of HEL SG PTE. LTD. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External Platform.

    HEL SG PTE. LTD. excludes any liability in the events of:

    • a downgrading of the Service;
    • loss of User Data, features, or capacity of the Client’s Account;
    • a modification, price change, suspension or discontinuance of the Service;
    • a loss or damage from Client’s failure to comply with the Client’s undertakings, including his/her/its security obligation;

    The Client expressly understands and agrees that HEL SG PTE. LTD. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HEL SG PTE. LTD. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Account’s data or Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

    In any case, the overall liability of HEL SG PTE. LTD. is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.

     

    11. Termination for breach

    Breach(es) of any of the terms and conditions of the Agreement by the Client may result in the termination of the Agreement and the closing of the Client’s Account. Should the Client fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, HEL SG PTE. LTD. shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Client will no longer be able to use the Service. The Client’s User Data relating to the Client’s Account will be deleted without the Client being entitled to any compensation. The Client shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.

    No amount received in advance by HEL SG PTE. LTD. for the Subscribed Plan will be refunded and the Client shall not be entitled to any compensation whatsoever.

    Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) HEL SG PTE. LTD. may present as a result of the Client’s breach(es).

     

    12. Intellectual property rights

    12.1 HEL SG PTE. LTD. ownership and undertakings

    All intellectual property rights on the Back in Stock Solution and all content available on the website https://useamp.com/ or the Back in Stock application remain the sole property of HEL SG PTE. LTD. HEL SG PTE. LTD. warrants that it has developed the Back in Stock Solution and owns the intellectual property rights to the Back in Stock Solution and all elements used to provide the Service.

    HEL SG PTE. LTD. undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.

    12.2 The Client's ownership and undertakings

    The Client remains the owner of all Data and Content processed under the Agreement.

    The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by HEL SG PTE. LTD., such as but not limited to, the intellectual property rights owned on the Back in Stock Solution, the related trademark and logo used by HEL SG PTE. LTD..

    The Client grants HEL SG PTE. LTD. against any claim, demand, suit or proceedings made or brought against HEL SG PTE. LTD. by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify HEL SG PTE. LTD. for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by HEL SG PTE. LTD. in connection with any such claim, demand, suit or proceedings, provided that HEL SG PTE. LTD. (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally HEL SG PTE. LTD. of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.

     

    13. Privacy

    The Client is considered the data controller within the meaning of the Act n°78­17 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client therefore undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.

    In compliance with the Act n°78­17 of 6 January 1978 on information technology, data files and civil liberties, the Client has a permanent right to access, amend, modify or delete any information related to him/her/it by sending an email to [email protected]. For more details, HEL SG PTE. LTD. invites the Client to refer to the Privacy policy, which is part of the Agreement.

     

    14. GPDR Compliance

    Back in Stock as well as HEL SG PTE. LTD. have taken necessary steps to be within the compliance standards of the European Union’s General Data Protection Regulation.

     

    15. Confidentiality

    HEL SG PTE. LTD. and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent HEL SG PTE. LTD. to mention its commercial relationship with the Client, as provided below.

     

    16. Force Majeure

    HEL SG PTE. LTD. uses all technical means which may be reasonably used for the performance of the Service. HEL SG PTE. LTD. shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which HEL SG PTE. LTD. relies upon.

    The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and HEL SG PTE. LTD. shall not be held liable for any cost incurred due to the impossibility to use the Service.

     

    17. Miscellaneous

    At any time and at its own discretion, HEL SG PTE. LTD. reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.

    This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.

    The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.

    The Client allows HEL SG PTE. LTD. to mention its company name or name and the Service provided for commercial purpose only.

     

    18. Choice of law and jurisdiction

    The Agreement is subject to the laws of Canada. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the Agreement shall be referred to and finally determined by the competent courts of the Province of British Columbia and British Columbia law shall apply.

    Lifetimely

    Data protection safeguards your (“You”; “Data Subject”) rights and freedoms when personal data is processed. The purpose of data protection is to define when and on what conditions personal data can be processed. This privacy policy (“Privacy Policy”) explains in detail how we collect, use and disclose your personal data.‍

    Lifetimely Privacy Policy

    Effective date: January 15, 2022

     

    1. General Information

    1.1 About this Privacy Policy.

    This Privacy Policy (the “Privacy Policy”) governs the processing of personal data by Lifetimely Oy (“Us”; “LIFETIMELY”). The Privacy Policy does not cover any third-party websites, applications, software, products, or services.

    1.2 Our role as a data controller and data processor:

    We may act either as a data controller and a data processor. Our role depends on the specific situation in which personal data is handled by us, as explained in detail below:

    1. Data controller. When we are the data controller, we determine the purposes and means of the processing of personal data. Hence, we are the controller when you send us an inquiry or conclude a service or employment contract with us. Situations when we are controllers of personal data are further explained in this document. We comply with the data controller’s obligations set forth in the applicable laws. 
    2. Data processor. We are a data processor when we process personal data on behalf of our customers. As a processor we process your data only in accordance with the instructions issued by a respective data controller. Such instructions can be seen from data processing agreement (the “DPA”). The DPA is incorporated by reference into our Terms and Conditions. Hence DPA is concluded automatically upon acceptance of the Terms and Conditions. 

    1.3 Minors.

    Our service is not intended for use by children (i.e., persons who are minors in their country of residence). Therefore, we do not knowingly process minors’ personal data. If you, as a parent or a legal guardian of a child, become aware that the child has submitted his/her personal data to us, please contact us immediately. We will delete your child’s personal data from our systems without undue delay.

    1.4 Amendments.

    The Privacy Policy may be updated from time to time. We encourage you to review our Privacy Policy to stay informed.

     

    2. What Personal Data Do We Collect And For What Purposes And Which Legal Bases Do We Use It?

    2.1 Personal data processed.

    We shall process the following personal data provided by you:

    1. Account information. When you register your user account, we collect personal data necessary in order to register you to our services, such as email address, name, company name, website URL, and your role in the company. 
    2. Agreement related information. We shall process agreements related information, such as service agreement or employment agreement, in connection with our business operations. 
    3. Inquiries. When you contact us, we process information related to your inquiry such as your name, email address, and any information that you decide to include in your message. 
    4. Payments. We might process payment information in connection with our business. However, please note that we do not process payments in connection with our service. It is done by our third-party payment processors Shopify and Stripe. 

    We shall observe the following information from the usage of our services:

    1. Usage data. When you use services provided by us, we may collect usage information such as registration log, login/logout, time stamps of usage activities, including how you open and close communication sent by us.
    2. Cookies. When you browse our websites, we collect your cookie-related data including advertising identifiers. For more information about the purposes for which we use cookies, please refer to our Cookie Policy. 

    Legal basis: We use your personal data to provide you with the service and/or fulfil the contractual obligations. This requires us to process your above mentioned personal data for the customer/employment/partner relationship management, support, and communication, conducting customer surveys, customer complaint handling, maintenance, software and system updates, user identification as well as for problem diagnosis and fixing. Hence, the above-mentioned processing of your personal data is based on your contract with us. 

    In addition, we use your above mentioned personal data for the following purposes based on legitimate interests pursued by us:

    • Analytics and development purposes, including creating aggregated groups based on your usage activities. This also enables us to understand our users’ needs as customers and to improve the quality and user experience of our current and future services and offerings.
    • Marketing purposes, including communicating with you about our offerings, conducting sales promotions, and other marketing campaigns, as well as creating aggregated target groups for marketing. Knowing customers’ preferences enables us to target our offerings and provide products and services that better meet the needs and expectations of our customers.
    • Information and account security purposes, including detecting or preventing various types of misuse of services and fraud to provide you with secure and reliable services.

    Electronic Direct Marketing and communication via email: We may send you electronic direct marketing, such as newsletters, promotions about new products as well as information about user surveys and trials, by email. You can opt-out of such electronic direct marketing or communication at any time free of charge by clicking on the “unsubscribe” link included in our newsletters, adjusting the settings of your user account, or by contacting us directly.

    Sensitive data: We do not collect or have access to any special categories of personal data as defined by Art. 9 of the GDPR (“sensitive data”) from you unless contractual obligations or mandatory legislation, such employment legislation, requires us to process it. Sensitive data is information that is for example health related data. If Your Data contains the said sensitive data, we will process such data for the purpose of fulfilling our contractual or legal obligations, such as regarding employment relationships.

     

    3. How Long Do We Keep Your Personal Data?

    Retention of personal data: We store your personal data only for as long as such personal data is required for the purposes described in this Privacy Policy or until you request us to delete your personal data, whichever comes first. If you wish to know more about Your rights, please see chapter 8 of this Privacy Policy. 

     

    4. How Do We Share And Disclose Your Data?

    4.1 Location of personal data.

    We store your data in the databases located in the EU/EEA. However, some of our third-party vendors may be located outside the EU, including the United States. 

    4.2 Sharing of your personal data.

    We share your data in the following ways:

    • Our third-party vendors, who provide us with cloud-based IT and business support as well as customer care services, may need to process your information. All such third parties are operating under contract and acting on behalf of us.
    • Competent authorities. When required in response to a legal process or request from a competent authority according to applicable laws or in connection with a legal proceeding or process.
    • Mergers, acquisitions or sale of assets. When required as part of a merger, acquisition, sale of assets (such as service agreements) or transition of service to a group entity or another company.
    • Third Party Advertising Platforms. When our digital marketing activities utilize different third-party advertising platforms' features, we may target you by uploading your account information (e.g. a hashed email address or phone number) or advertising ID  to such a platform. We may also use third-party tracking platforms, which collect data about how users interact with our ads for ads attribution analysis and effect evaluation purposes. Such third parties are operating under contract and acting on behalf of us and include data transfers to partners located in the US.

    4.3 International transfers.

    When transferring and disclosing your data outside the EU/EEA in above mentioned situations, where the local law may not provide the same level of protection, we comply with applicable legal requirements for providing adequate safeguards to such transfer by e.g. using the European Commission's Standard Contractual Clauses (SCC).

     

    5. What Rights Do You Have With Regard To Your Personal Data?

    5.1 Data Subject Rights.

    You have the right to control how your personal data is processed by us by exercising the rights listed below:

    • Right of access: you can get a copy of your personal data that we store in our systems;
    • Right to rectification: you can rectify inaccurate personal data that we process about you;
    • Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data;
    • Right to restriction: you can ask us to restrict the processing of your personal data if;
    • Your data is unlawfully processed, but you do not want to erase it.
    • You have a legal claim that you need to establish, exercise, or defend, and you requested us to keep your data when we would not keep it otherwise.
    • You have contested the accuracy of your personal data and the accuracy of your data is pending our verification.
    • Your request for objection is pending our verification process‍
    • Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format ‍
    • Right to object: you can ask us to object processing your personal data when processing is based on legitimate interest
    • ‍Right to withdraw consent: you have the right to withdraw your consent, if you have provided one; or‍
    • Right to complaint: you can submit your complaint regarding our processing of your personal data to the local data protection authority. For more information, please see for example https://tietosuoja.fi/en/home.

    5.2 How to exercise your rights?

    If you would like to exercise any of your rights, please contact us by email at [email protected] and explain your request in detail. The scope of your right depends on the nature of processing and legal basis. In order to verify the legitimacy of your request, we may ask you to provide us with an identifying piece of information that allows us to identify you in our system. We will answer your request within a reasonable time frame but no later than one month.

     

    6. Contact

    If you have any questions about this Privacy Policy or our data protection practices, please contact us by:

    Email: [email protected]

    Data Processing Agreement

    Effective date: January 15, 2022

     

    1. Purpose and Scope

    This Data Processing Agreement, including its exhibits, (the “Agreement”) governs the Processing of Personal Data by Lifetimely Oy having the company registration number 3107222-6 (the “Processor”) on behalf of respective controller (the “Controller”) Controller.  

    The purpose of this Agreement is to establish a binding personal data processing agreement between the Parties as required by Data Protection Law. The Parties acknowledge and agree that if Data Protection Law or regulatory guidelines are significantly amended, the terms of this Agreement shall be revised to reflect, to the greatest extent possible, the originally intended principles of the Parties when executing this Agreement.

    This Agreement is incorporated into the Terms and Conditions of the Controller.

     

    2. Definitions

    In this Agreement, the following definitions shall apply:

    • “Controller’s Data“ shall mean the Personal Data of which the Controller is the Data Controller. ‍
    • ‍“Contract” shall mean the terms and conditions of the Controller.
    • “Data Controller” shall mean a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.‍
    • “Data Protection Law” means EU Data Protection Regulation (2016/679) and the data protection laws under the governing law of the Contract applicable to the Processing hereunder from time to time. 
    • “Data Subject” shall mean an identified or identifiable natural person who can be identified, directly or indirectly, by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
    • “EU” shall mean European Union.
    • “GDPR” shall mean the Regulation (EU) 2016/679 (General Data Protection Regulation).
    • “Instruction” shall mean an instruction issued by the Controller to the Processor and directing the Processor to perform a specific action with regard to the Processing of the Controller’s Data in order to achieve compliance with the Data Protection Law.
    • "Party” or ”Parties” shall refer to Controller and Processor.
    • “Personal Data” shall mean any information relating to an identified or identifiable natural person. ‍
    • “Data Processor” shall mean a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller;
    • “Processing” shall mean any operation which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
    • “Sub-processor” shall mean an entity that Processes Personal Data as a sub-processor of the Data Processor.

    All capitalised terms not defined herein shall have the meaning set forth in the Agreement. 

    Unless and to the extent the context otherwise requires, any use of the singular includes plural and vice versa.

     

    3. General

    Both Parties shall be responsible to ensure that the Processing is made in accordance with the Data Protection Law which apply to each Party as well as good data processing practices.‍

     

    4. Rights and obligations of the Data Controller

    The Data Controller shall

    1. give the Data Processor documented and comprehensive instructions on the Processing, which instructions shall comply with the Data Protection Law;
    2. have the right and obligation to specify the purpose and means of Processing of Personal Data;
    3. represent that all the Data Subjects of the Personal Data have been provided with all appropriate notices and information and establish and maintain for the relevant term the necessary legal grounds for transferring the Personal Data to the Data Processor and allowing the Data Processor to perform the Processing contemplated hereunder;
    4. confirm that:
    • the Processing stipulated under this Agreement meets the Data Controller’s requirements including, but not limited to, with regard to intended security measures and consents needed, and 
    • it has provided the Data Processor with all necessary information in order for the Data Processor to perform the Processing in compliance with the Data Protection Law.

     

    5. Rights and obligations of the Data Processor

    The Data Processor shall

    1. perform the Processing only on and as per the documented, legitimate and reasonable instructions from the Data Controller unless required to do otherwise by Laws, in which latter case the Data Processor shall inform the Data Controller of such deviating legal requirement (provided the Laws do not prohibit such notification). For the avoidance of doubt, the Data Controller shall at all times be deemed to have instructed the Data Processor to provide the Service as defined and agreed under the Contract.
    2. ensure that persons authorised to perform the Processing hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality as further stated under this Agreement; 
    3. take all security measures required to be taken by data processors under the Data Protection Laws as further stated under this Agreement;
    4. respect the conditions referred to under Data Protection Laws for engaging any Sub-Processor as further stated under this Agreement;
    5. insofar as this is possible and taking into account the nature of the Processing, assist the Data Controller by appropriate technical and organisational measures for the fulfilment of the Data Controller's obligation to respond to requests for exercising the data subject's rights laid down in under the Data Protection Law;
    6. assist the Data Controller in ensuring compliance with its legal obligations, such as, data security, data breach notification, data protection assessment and prior consulting obligations, as required of the Data Processor by the Laws, taking into account the nature of Processing and the information available to the Data Processor;
    7. maintain necessary records and make available to the Data Controller all information necessary to demonstrate compliance with the obligations of the Data Processor, as laid down in the Data Protection Law; and allow for and contribute to audits, including inspections, conducted by the Data Controller or any auditor mandated by the Data Controller as further agreed under this Agreement; and
    8. at the Data Controller’s instructions, delete or return to the Data Controller all the Personal Data after the end of the provision of the Services relating to Processing, and delete existing copies unless applicable laws require storage of the Personal Data. Deletion and return methods may be further agreed between the Parties;
    9. Unless otherwise agreed, the Data Processor shall have the right to invoice any costs resulting from the above assistance under 5-6 above in accordance with the Data Processor’s prevailing price list.

     

    6. Security of Processing

    The Data Processor shall implement and maintain appropriate technical and organizational measures to protect the Personal Data, taking into account:

    1. the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, and
    2. the risks that are presented by the Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data transmitted, stored or otherwise processed.

    Such measures include, inter alia as appropriate:

    • the pseudonymisation of the Personal Data; and
    • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.

    The Data Controller is responsible for ensuring that the Data Processor is informed of all issues (including but not limited to risk assessment and the inclusion of special categories of Personal Data) related to the Personal Data provided by the Data Controller which affect the technical and organizational measures employed under this DPA.

     

    7. Sub-Processors

    The Data Processor may from time to time use Sub-Processors to process the Personal Data hereunder. Sub-Processor(s) used in the provision of Services are listed in the Annex. Such use will be under written contract and the Data Processor will require the Sub-Processor to comply with the data protection obligations applicable to the Data Processor under this DPA or obligations which provide for the same level of data protection. The Data Processor will be liable for its Sub-Processor’s actions as for its own.

    The Data Processor will inform the Data Controller in advance on any intended changes concerning the addition or replacement of Sub-Processors.

    If the Data Controller does not accept an intended change, the Data Controller may terminate such part of the Contract which the sub-processing would be related to by way of seven (7) days’ prior written notice.

     

    8. Transfer of Personal Data

    The Data Processor will only transfer Personal Data out of the territory of the member states of the European Union, the European Economic Area, or other countries which the European Commission has found to guarantee an adequate level of data protection (collectively, the “Approved Jurisdictions”) with the Data Controller’s prior written consent.

    If required by applicable legislation, the Data Processor shall enter into relevant contractual arrangements with relevant parties for the lawful transfer of Personal Data from the Approved Jurisdiction to third countries. Such contractual arrangements shall be carried out in accordance with the standard data protection clauses adopted or approved by the European Commission (“Standard Contractual Clauses”). As an alternative to entering into the Standard Contractual Clauses, the Data Processor may rely upon an alternative transfer safeguard permitting and providing for the lawful transfer of Personal Data outside of the Approved Jurisdictions, provided that such safeguard is in compliance with applicable legislation.

     

    9. Notification of Personal Data Breach

    The Data Processor shall without undue delay notify the Data Controller if it, or one of its Sub-Processors, becomes aware of a Personal Data Breach. Information shall be provided to the contact address assigned by the Data Controller, if not otherwise agreed between the Parties.

     

    10. Auditing

    The Data Controller shall be entitled to audit the Data Processor’s performance of its Processing obligations under this Agreement (“Audit”). The Data Controller is obligated to use external auditors who are not competitors of the Data Processor, to conduct such an Audit.

    The Parties shall agree well in advance, at least seventy (70), days, before on the time and other details relating to the conduct of such Audits. The Audit shall be conducted in such a manner that the Data Processor’s undertakings towards third parties (including but not limited to the Data Processor’s customers, partners and vendors) are in no way jeopardized. All the Data Controller’s representatives or external auditors participating in the Audit shall execute customary confidentiality undertakings towards the Data Processor.

    The Data Processor shall always allow any relevant regulatory authority supervising the Data Controller’s business to conduct Audits of the Data Processor’s operations, in which case relevant parts of the Parties’ agreement hereunder shall apply. The Data Controller shall bear all Audit expenses, and compensate the Data Processor for any and all costs incurred as a result of the Audit.

     

    11. Confidentiality

    The Data Processor shall keep any Personal Data received from the Data Controller confidential. In case data subjects or governmental authorities make a request concerning Personal Data, the Data Processor shall, as soon as reasonably possible, inform the Data Controller about such requests before providing any response or taking other action concerning the Personal Data.

    In case any applicable authority prescribes an immediate response to a disclosure request, the Data Processor shall inform the Data Controller as soon as reasonably possible, unless the Supplier is prohibited by mandatory law or authority order to disclose such information.‍

     

    12. Limitation of liability

    The limitations of liability set out under the Contract shall apply also to this DPA.

    The Parties agree that the general principle of division of responsibilities between the Parties relating to administrative fines imposed by any relevant supervisory authority or claims by data subjects under this DPA is based on the principle that the respective Party needs to fulfil its own obligations under the Laws. Hence, any administrative fines imposed or damages ordered should be paid by the Party that has failed in its performance of its legal obligations under the Laws, as decided by the relevant supervisory authority or competent court authorized to impose such fines or damages.

     

    13. Term and Termination 

    This DPA shall be in effect for as long as the Parties have agreements between them in force.

    All provisions which by nature are intended to survive the termination of this DPA shall remain in full force and effect regardless of the termination of this DPA.

     

    Annex

    Purpose and nature of processing

    • To provide Customer with a LIFETIMELY Service in accordance with Contract.

    Categories of Personal Data

    1. Controller’s customers’ email addresses;
    2. Controllers’ customers’ country information;
    3. Information about Controller’s customers’ orders and refunds; and
    4. Usage analytics data
    5. No special categories of Personal Data as defined in Art. 9(1) of the GDPR are processed according to this Agreement.

    ‍Categories of Data Subjects

    1. The affected Data Subjects shall include natural persons, Controller’s customers, whose personal data is supplied by the Controller to the Processor through the Service
    2. The Processor does not interact with the Data Subjects directly in any manner without Controller’s prior approval.

    The list of the Sub-processors 

    Sub-processor: Hetzner Online GmbH, Gunzenhausen

    Purpose: Hosting and cloud storage service provider

    Location: Germany

    Lifetimely Terms of Service

    Effective date: November 22, 2021

    These Terms of Service (the ”Terms”) of the Lifetimely application offering customer analytics and e-commerce shop reporting solution helping merchants understand and predict their customer behavior and store profitability (the “Service”) and related website in the address useamp.com  (together the “Service”) provided by Lifetimely Oy (“we” or “us” or “our”) govern you access to and use the Service. 

    By using the Services you agree to be bound by these Terms and to comply with all applicable laws and regulations. We may revise these Terms from time to time and the most current version will always be posted on our website and apply to your use of the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. In case the change of the Terms is material we may inform you of the changes in a way we deem best.

    If any provision of these Terms is held invalid by any law, rule, order or regulation of any government or by final determination of any court, such invalidity shall not affect the enforceability of any other provision of these Terms. No failure to exercise nor any delay in exercising by either party of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver of such right, power, privilege or remedy.

    You represent that you are you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If you do not agree to these Terms, please do not use the Service. You acknowledge that we may in its sole discretion refuse or terminate access to this Service by you at any time.

     

    1. Use of the service

    Subject to your compliance with the Terms and payment of applicable fees, you are granted an non-exclusive, non-transferable, revocable license and access to use the Service. You may not (except as expressly permitted herein or under applicable law) (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Service in any manner or form.

    Use of the Service requires you to register into the Service and provide us with information requested on our website. In case your contract or other information required for the use of the Service changes you shall provide us with such changed information without delay. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

    You are responsible for acquiring and maintaining the equipment, connections and software needed for the use of the Service. You are responsible for the protection of your computer system and telecommunications. 

    By using the Service you grant us the right to freely and without any compensation to you collect, use and disclose the (i) e-commerce shop data for the purposes of providing a benchmark report for comparative analytics regarding the performance of your e-commerce shop; (i) information related to or generated by the use of the Service; and (iii) background data as allowed by the law and in accordance with the Privacy Policy available on our website. You shall maintain the full title and ownership in your e-commerce shop data and background data and you may at any point opt-out from receiving the Benchmark Report at your discretion after which we shall no longer have the rights set forth in this section to your e-commerce shop data.

    You are responsible for your conduct, the content of your e-commerce data and background data, and your communications with others while using the Service. You are responsible for maintaining and protecting all of your e-commerce shop data and background data and you must take care of the e-commerce shop data and background data and email back-up copies. We are not liable for any loss or corruption of your e-commerce shop data or background data or for any costs or expenses associated with backing up or restoring any of your e-commerce shop data or background data. 

    You must not use the Service to harass, threaten, impersonate, or intimidate anyone. You must not upload, post, email, transmit, or otherwise make available (a) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or (b) any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual’s publicity or privacy rights, or (c) any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate links", or any other form of solicitation. You must not upload or transmit any worms or viruses or any code of a destructive nature. You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws). You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

     

    2. Fees and Terms of Payment

    You shall pay for the Service the fees informed on our website, as amended. Unless otherwise instructed on our website, the Service is invoiced by Shopify on your Shopify invoice.

     

    3. Our Property 

    The software and other technology used to provide the Service and any amendments thereto are or may be protected by copyright, trademark, and other intellectual property laws of respective jurisdictions and belong to us and remain our property or a third party. 

    In addition to the right to use the Service in accordance with these Terms, these Terms do not grant you any right, title, or interest in the Service or related software or technology, or the content in the Service or related intellectual property rights. These Terms do not grant you any rights to use the Lifetimely mark or other trademarks, logos, domain names, or other brand features. We have the right to use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

     

    4. Representations, Warranties and Indemnification

    When you upload e-commerce shop data or background data on or through the Service, you represent and warrant that, with respect to all e-commerce shop data and background data that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such e-commerce shop data background data in connection with the Service and these Terms and to grant us all required rights and licenses set forth hereunder to such e-commerce shop data and background data and (b) the e-commerce shop data and background data will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party.

    You shall indemnify and hold us, our affiliates, employees and directors harmless from against any and all loss, liability, costs, claims, damages, expenses (including the fees of lawyers and other professionals), suffered, incurred or sustained by or asserted against us in relation to or as a result of the e-commerce shop data or background data, misuse of the Service or a breach of these Terms or the agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

     

    5. Limitation of Liability

    You shall use the Service at your own risk. The Service is produced in a competent and professional manner and provided AS IS. We do not provide any representations or warranties, whether express or implied, or statutory, including but not limited to any implied warranties of fitness for purpose, non-infringement or satisfactory quality related to the Service or its results.  

    To the fullest extent permissible pursuant to applicable law, we shall not be liable to you for any direct, indirect, incidental, special or consequential damages, lost profits or interruption for business arising out of your access, use or inability to use the Service, or any errors or omissions in it, even if we have been advised of the possibility of such damages. In no event shall the total aggregate liability of our and our affiliates and the employees, officers or directors howsoever rising under or in connection with these Terms of the Service exceed fifty Euros.

     

    6. Force Majeure 

    We may delay the delivery or terminate the agreement or change the Service and shall not be liable for delay or damage due to reason beyond our control, which we could not have reasonably taken into account at the time of conclusion of the agreement or consequences of which we could not reasonably have avoided or overcome. We shall without delay inform you of a force majeure event and the termination of such force majeure event.

     

    7. Confidentiality

    Parties shall use and disclose confidential information of the party to any third party only in accordance with and as allowed by these Terms. Each party shall protect and safeguard the confidential information of the other party at least in the same manner in which it protects its own equivalent confidential, and trade secret information, but in no event less than a reasonable degree of care.

     

    8. Assignment

    You may not assign these Terms or the agreement with us in whole or in part without our prior written consent. We may assign or transfer these terms and the agreement with you including our rights and obligations under these Terms and the agreement to our affiliates or any third party. Any failure of a party to enforce any provision of these Terms or the agreement shall not be deemed a waiver of that or any other provision of these Terms or the agreement.

     

    9. Term and Termination

    These Terms come into force when they have been published. These Terms shall apply to the Service as long as the Service is used and available. 

    We may terminate these Terms and the agreement with you immediately if (i) you or your property has been ordered to be released in bankruptcy or liquidation, or (ii) you breach these Terms and have not remedied such breach within thirty (30) from the notice of such breach.

     

    10. Governing Law and Disputes 

    These Terms shall be governed by and construed in accordance with the substantive laws of Finland excluding its choice of law provisions.

    Any dispute, controversy or claim arising out of or relating to these Terms or the agreement between us or a breach, termination or invalidity hereof shall be settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be held in Helsinki, Finland and the arbitration proceedings shall be conducted  in English. The award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction.  Nothing in these Terms or the agreement shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.

    Cookies Policy

     

    Effective date: February 15, 2021

    We use cookies on the customer analytics software-as-a-service available at lifetimely.useamp.com (“LIFETIMELY”), as explained in this cookie policy. Below, you can find detailed information about the types of our cookies, their purposes, and your right to manage cookies.

     

    1. Who Is Responsible For Cookies On Lifetimely?

    The data controller that is responsible for the processing of personal data through the Website, including placing first-party cookies, is Lifetime Oy having a registered office at Lauttasaarentie 27 A3, 00200 Helsinki, Finland, and the company registration number 3107222-6 (“we”, “us”, or “our”).

     

    2. What Should I Know About Cookies?

    A cookie is a small piece of data typically consisting of letters and numbers. When you visit a website, that website may send a cookie to your browser. Subsequently, the browser may store the cookie on your computer or mobile device for some time (cookie expiration date depends on its type). Cookies are used to recognise your device and collect certain information about your use of websites. Thus, over time, cookies allow websites to “remember” your actions and preferences. There are several types of cookies, namely, (i) persistent cookies, which remain valid until deleted by you, (ii) cookies that remain valid until their expiration date, and (iii) session cookies that are stored on a web browser and remain valid until the moment the browser is closed. Cookies may also be (i) first-party cookies (set by the original website itself) and (ii) third-party cookies (placed by third-party websites).

     

    3. What Cookies Do We Use?

    We may different types of cookies on LIFETIMELY, including: 

    • Essential technical cookies that are strictly necessary to ensure the correct functioning of LIFETIMELY and provide the services requested by you; 
    • Preference cookies that record information about the choices that you make on LIFETIMELY; 
    • Marketing cookies that allow us to create, implement, and examine our marketing campaigns. Such cookies allow us to reach the right customers, analyse the productivity of our marketing campaigns, and offer you personalised advertisement; and
    • Statistics cookies that allow us to generate statistical reports about how you use LIFETIMELY.

    Below, you can find a list of cookies that we use on LIFETIMELY, including their purpose and expiration time:

    Marketing cookies

    Name: fr
    Type: Third-party HTTP cookie
    Provider (location): facebook.com (US)
    Expiration: 3 months
    Purpose: The cookie is set by Facebook to show relevant advertisements to you and measure and improve the advertisements. The cookie also tracks your behavior across the web on sites that have Facebook pixel or Facebook social plugin.

    Name: fbp
    Type: First-party HTTP cookie
    Provider (location): lifetimely.useamp.com (Finland)
    Expiration: 3 months
    Purpose: The cookie is used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. 

    Name: tr
    Type: Third-party pixel cookie
    Provider (location): facebook.com (US)
    Expiration: End of session
    Purpose: The cookie is used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. 

    Statistics cookies

    Name: _ga
    Type: First-party HTTP cookie
    Provider (location): lifetimely.useamp.com (Finland)
    Expiration: 2 years
    Purpose: The cookie is used to set a unique ID that is used to generate statistical data on how you use LIFETIMELY. 

    Name: _gat
    Type: First-party HTTP cookie
    Provider (location): lifetimely.useamp.com (Finland)
    Expiration: 1 day
    Purpose: The cookie is used by Google Analytics to throttle request rate. 

    Name: _gid
    Type: First-party HTTP cookie
    Provider (location): lifetimely.useamp.com (Finland)
    Expiration: 1 day
    Purpose: The cookie is used to set a unique ID that is used to generate statistical data on how you use LIFETIMELY.

     

    4. Cookie Consent

    When you visit LIFETIMELY for the first time, we will ask you to provide us with your consent to our use of all cookies via a cookie consent banner. If you do not provide your opt-in consent, we will not serve you our non-essential cookies. Please note that we may not be able to provide you with the best possible user experience on the Website if not all cookies are enabled.

     

    5. How To Disable Cookies?

    When we ask you to provide your consent to our use of non-essential cookies, you have the freedom not to provide such consent. If you would like to refuse our use of non-essential cookies later, you can do it at any time by declining cookies in your browser or device. For more information, you can consult the cookie management instructions of your browser:

     

    6. Google Analytics

    To analyse your use of LIFETIMELY, we use Google Analytics, the business analytics service provided by Google LLC located in the United States (“Google”). Google generates statistical information by means of cookies and creates reports about your use of LIFETIMELY. The cookies served by Google Analytics are anonymous first-party cookies (please refer to section 3 for more information) that do not allow us to identify you in any manner. The information generated by cookies will be transmitted to and stored by Google on servers in the United States. To ensure your privacy, your IP address will be anonymised and Google will not combine your IP address with other information Google holds about you. Thus, Google will not be able to identify you. In certain cases (e.g., when required by law or when third parties conduct services on behalf of Google), Google may transfer the information to third parties. For more information about Google Analytics’ privacy practices, please visit https://support.google.com/analytics/answer/6004245. If you would like to opt out from Google Analytics, you can do so by installing a Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout?hl=en

     

    7. Interest-Based Advertising

    You may encounter targeted interest-based advertising based on your use of LIFETIMELY and other websites on the Internet (for example, on Facebook). You can control how such advertising is shown to you or opt-out from targeted advertising by consulting the guide powered by the Digital Advertising Alliance available at https://youradchoices.com. For more information on opting-out from advertising features on your device, please visit https://www.networkadvertising.org .

     

    8. Contact

    If you have any questions about this cookie policy our our data protection practices, please contact us by using the following contact details:

    Email: [email protected]

    Postal address: Lifetimely Oy, c/o Bird & Bird Asianajotoimisto, Mannerheimintie 8 00100, Helsinki, Finland

    Upsell and Slide Cart

    Privacy Policy

    Thank you for choosing to be part of our community at App HQ Pte. Ltd, doing business as AppHQ (“AppHQ”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at [email protected].

    When you visit our website https://apphq.co, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy notice. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites and our services.

    This privacy notice applies to all information collected through our website (such ashttps://apphq.co), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the "Services").

    Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.

     

    1. What Information Do We Collect?

    Information automatically collected.

    In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.

    We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

    Like many businesses, we also collect information through cookies and similar technologies.

     

    2. How Do We Use Your Information?

    In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

    We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

    We use the information we collect or receive:

    To facilitate account creation and logon process. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

    To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the " WHAT ARE YOUR PRIVACY RIGHTS " below). We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

     

    3. Will Your Information Be Shared With Anyone?

    In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

    We may process or share data based on the following legal basis: Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

    Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

    Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

    Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

    Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we may need to process your data or share your personal information in the following situations:

    Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. 

    We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

    Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

    Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

     

    4. Do We Use Cookies And Other Tracking Technologies?

    In Short: We may use cookies and other tracking technologies to collect and store your information.

    We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

     

    5. How Long Do We Keep Your Information?

    In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

    We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us .

    When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

     

    6. How Do We Keep Your Information Safe?

    In Short: We aim to protect your personal information through a system of organizational and technical security measures.

    We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.

     

    7. Do We Collect Information From Minors?

    In Short: We do not knowingly collect data from or market to children under 18 years of age.

    We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected].

     

    8. What Are Your Privacy Rights?

    In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

    In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

    If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

    If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

    Account Information

    If you would at any time like to review or change the information in your account or terminate your account, you can:

    Delete the app through the Shopify dashboard

    Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

    Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

    Opting out of email marketing

    You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may access your account settings and update preferences.

     

    9. Controls For Do-Not-Track Features

    Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

     

    10. Do California Residents Have Specific Privacy Rights?

    In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

    California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

    If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

     

    11. Do We Make Updates To This Policy?

    In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

    We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

     

    12. How Can You Contact Us About This Policy?

    If you have questions or comments about this policy, you may email us [email protected] or by post to:

    App HQ Pte. Ltd.
    90 EU TONG SEN STREET, #03-02
    SINGAPORE 059811

     

    13. How Can You Review, Update, Or Delete The Data We Collect From You?

    Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

    Terms & Conditions

    These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and App HQ Pte. Ltd., doing business as AppHQ ("AppHQ", “we”, “us”, or “our”), concerning your access to and use of the https://apphq.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

    Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

    The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

     

    Intellectual Property Rights

    Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

     

    User Representations

    By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

     

    Prohibited Activities

    You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    As a user of the Site, you agree not to:

    1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    3. Use the Site to advertise or offer to sell goods and services.
    4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    5. Engage in unauthorized framing of or linking to the Site.
    6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    7. Make improper use of our support services or submit false reports of abuse or misconduct.
    8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
    10. Attempt to impersonate another user or person or use the username of another user.
    11. Sell or otherwise transfer your profile.
    12. Use any information obtained from the Site in order to harass, abuse, or harm another person.
    13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
    14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
    16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
    17. Delete the copyright or other proprietary rights notice from any Content.
    18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
    20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
    22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    23. Use the Site in a manner inconsistent with any applicable laws or regulations.

     

    Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

     

    Third-Party Websites And Content

    The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

     

    Site Management

    We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

     

    Privacy Policy

    We care about data privacy and security. Please review our Privacy Policy: https://apphq.co/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

     

    Term And Termination

    These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

     

    Modifications And Interruptions

    We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

    We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

     

    Governing Law

    These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

     

    Dispute Resolution

    Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

     

    Corrections

    There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

     

    Disclaimer

    THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

     

    Limitations Of Liability

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

     

    Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

     

    User Data

    We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

     

    Electronic Communications, Transactions, And Signatures

    Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

     

    California Users And Residents

    If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

     

    Miscellaneous

    These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

     

    Contact Us

    In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

    App HQ Pte. Ltd.
    90 EU TONG SEN STREET, #03-02
    SINGAPORE 059811
    Phone: +65 91559508
    [email protected]