Vibo Terms of Service

Vibe Beat Audience Experience Ltd. ("Vibo", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 515094803, is the creator and owner of a mobile application ("App") that enables our users ("Users") to join playlists ("Playlist/s") and/or plan events ("Event/s") managed by our customers, professional Disc Jockeys (DJs) ("Customers") through the App. These Terms of Service ("Terms") govern your access and use of the App and services available thereon ("Services"). Our Privacy Notice ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any individual using the App and/or Services or any parent or guardian of any minor whom you allow to use the App, and/or Services, and for whom you will be held strictly responsible.

Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.

Use of Services

Subject to these Terms, Vibo allows you to access and use the Services on a non-exclusive basis. As a User you will be able to join Playlists and Events created on the App by a Customer and for which you have been invited by a Customer or by another User. The Customer may invite a User to join a certain Event or Playlist as a host ("Host"), if relevant, by sending such Host an email inviting the Host to create an account and join the relevant Event, as detailed below. Both a Customer and a Host may invite additional Users to an Event (each a "Guest") by sending such Guest a link per email, short text message or any other means, inviting the Guest to create an account and register for the Event, as detailed below. Hosts and Guests which have registered and joined a particular Event may participate in the planning of the Event timeline, Playlists and other features of the event, including, without limitation, by submitting questionnaires in connection therewith, all as applicable and available per Event.

Vibo may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or have your parent's or guardian's permission to enter into these Terms, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (e) you will not add any Personal Data of any third-party and/or individual/s (collectively, "Third-Party") to the App and/or Services without notifying such Third party or the prior consent of such Third-Party, all if and as required under applicable law; (g) you shall notify any Third-Party of the collection, processing and transfer of his or her Personal Data by us on your behalf as set forth in our Privacy Notice, as required under applicable law; and (h) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the App and/or Services.

Account Registration

In order to use the Services, you will need to have a registered account. You can register by logging in through your Facebook, Gmail or other third-party login account ("Login Account") as may be permitted by Vibo from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. To complete the registration process, you must provide all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.

As detailed above, a User may be designated as either a Host or a Guest. Depending on the designation of your account, different services may be available to you. Each Guest whose information has been provided by the Customer and/or Host shall receive a link inviting him or her to register an account and participate in the planning of an Event through a link provided by the Customer or Host, as applicable.

Age Requirements
If you are a minor in your jurisdiction, you must have your parent's or legal guardian's permission to create an account. Please have your parent or legal guardian read these Terms with you and consent to them before proceeding.


Parents and Guardians
By granting your child permission to create an account, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child's usage of the App and/or Services. If your child does not have your permission to use the App and/or Services, please contact us immediately so that we can disable his or her access.

Vibo may refuse to open an account for any individual or entity at its sole discretion.

You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Vibo will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Vibo harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at support@vibodj.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

Termination of Account

You agree that Vibo may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Vibo. If your account is terminated, you may not rejoin Vibo again without express permission. Upon termination of your account, you shall not have any further access to any Content (as defined below) that may be available through your account.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

You may terminate your Vibo account at any time and for any reason by using the "delete account" button in the App and deleting our App from your device. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

Content

Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, text, playlists, and any modifications or derivatives of the foregoing. Vibo allows you to upload certain content including but not limited to images, pictures, videos, playlists, messages and/or text on or through the Services, referred to herein as "User Content".

VIBO DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE USER CONTENT. VIBO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

User Content Restrictions

Vibo has no obligation to accept, display, or maintain any User Content. Moreover, Vibo reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by Vibo without compensation to you.

Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

Vibo may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Vibo reserves the right to treat User Content as content stored at the direction of users for which Vibo will not exercise editorial control except when violations are directly brought to Vibo attention.

Content comes from a variety of sources. You understand that Vibo is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. It is also possible for others to obtain Personal Data about you due to your use of the App, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an Event or entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the App or through any User Content by any third party. By making any information available through the App you acknowledge that you understand and have agreed to such risks.

Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the App, Services or any Third-Party Services (as defined below) without our prior written authorization, including framing or mirroring any part of the App, Services or Third-Party Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the App, or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App, or Services; (5) use or access another user’s account or password without permission; (6) use the App, Services or Content thereon in any manner not permitted by these Terms.

Intellectual Property

Vibo or its licensors, as the case may be, have all right, title and interest in the App, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the App or Services, or any Third-Party Services, for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Vibo or any third party. If you provide the Vibo with any feedback regarding any content on the App and/or Services, Vibo may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant Vibo and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, alter, decompile, publicly perform such User Content on, through or in connection with the Services.

Copyright

The policy of Vibo is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Vibo will refuse to use and remove any User Content in connection with the Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Vibo will remove any Content (including, without limitation, any User Content) if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Vibo is to terminate the accounts of repeat infringers in appropriate circumstances.

You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.

If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or that access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA allows you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult with your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us at support@vibodj.com.

Disclaimers and Disclaimer of Warranty

All information and content posted on the App and/or Services is for informational purposes only and Vibo provides no guarantees with respect thereto. Your use of the App and/or Services is at your sole discretion and risk. The Services, any Third-Party Services and Content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP AND/OR SERVICES, ANY CONTENT THEREON, OR ANY THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP AND/OR SERVICES; OR (II) THAT THE APP OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE APP AND/OR SERVICES.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You acknowledge and agree that Vibo is not a data retention service. You therefore must create backups of your data, and Vibo shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

Limitation of Liability

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Vibo, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

IN NO EVENT SHALL VIBO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VIBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO VIBO FOR THE USE OF THE SERVICES, THEN VIBO SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Vibo, its affiliates, and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) App and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

Third-Party Services

You may use the App and/or Services together with certain third-party websites, applications and services (“Third-Party Services”), including, in order to plan Playlists and play certain music content in connection therewith (“Third-Party Music Content”). The App and/or Services may also provide you with links to certain Third-Party Services.

Vibo is not a music streaming or playback service. All use of any Third-Party Music Content through the App and/or Services shall be for the sole purpose of planning Events and/or Playlists thereon. The applicable Third Party Service has all right, title and interest in any Third-Party Music Content and all use thereof is subject to the applicable terms and conditions of such Third-Party Service (“Third-Party Terms”). You and/or the applicable Customer are solely responsible for ensuring that any use of Third-Party Music Content in connection with an Event or otherwise in connection with your use of the App and/or Services hereunder (i) complies with all Third-Party Terms and applicable law, and (ii) does not infringe upon any intellectual property or other rights of any third party.

We make no promises regarding any content, goods or services provided by any Third-Party Services, including, without limitation, Third-Party Music Content, and all use thereof is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through Third-Party Services or for the privacy policies of such Third Party Services.

The App and/or Services allow you to access certain content and services provided by Third Party Services, including, as applicable, YouTube, Spotify, Songlink and Google, as may be amended from time to time. By agreeing to these terms as set forth herein and by using Third Party Services, you thereby (i) agree to be bound by, as applicable: (a) the YouTube Terms of Service, available at https://www.youtube.com/t/terms; (b) the Google Maps/Google Earth Additional Terms of Service, available at https://maps.google.com/help/terms_maps/; and (c) the Songlink API Terms of Service, available at https://drive.google.com/file/d/1UUwxkcJvmEFaDxxLL5XU0bg4hAN83WpX/view; and (ii) represent and warrant that you have a valid account to any Third-Party Services utilized by you in connection with the App and/or Services, as applicable, and have the legal right and ability to use such account for the purposes set forth herein.

The use of any Google Maps features or content incorporated in the App and/or Services is subject to (i) the Google Terms of Service, available at https://policies.google.com/terms?hl=en-US; (ii) the Google Maps/Google Earth Additional Terms of Service, available at https://maps.google.com/help/terms maps.html; and (iii) the Google Privacy Policy, available at https://www.google.com/policies/privacy/.

Notwithstanding the foregoing, Spotify is a third-party beneficiary of these Terms and our Privacy Notice and is entitled to directly enforce the terms hereof.

We do not endorse any Third-Party Music Content or other products offered by third parties and we urge our users to exercise caution in using any Third-Party Services. For the avoidance of doubt, subject to the terms hereof, Vibo is solely liable for the App and/or Services and nothing herein shall be construed as imposing any liability on any Third-Party Service in connection therewith.

Miscellaneous

These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Vibo or enables you to act on behalf of Vibo. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: June 2020.

Privacy Notice

We at Vibe Beat Audience Experience Ltd. ("Vibo", "us", "we", or "our") recognize and respect the importance of maintaining the privacy of our customers and their end users. This Privacy Notice describes the types of information we collect from you when you visit and use our App and Services. This Privacy Notice also explains how we process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service ("Terms").

If you are an individual located in the European Union ("EU Individual"), some additional terms and rights may apply to you, as detailed herein. Vibe Beat Audience Experience Ltd. is the data controller in respect of the processing activities outlined in this Privacy Notice relating to any direct contact you may have with us, for example, if you contact us with questions or in the course of your use of our Services. Our registered office is 94 Yigal Alon St., Tel Aviv, Israel, and our registration number is 515094803.

The Customer inviting you to join a certain Event or Playlist is the data controller with respect of any processing activities relating to use of the Services in connection with the relevant Event or Playlist and we are the data processor processing such data on behalf of such Customer. Please see the "Processing on behalf of Customers" section below for a description of our processing activities on behalf of the Customer.

"Personal Data" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. This Privacy Notice details which Personal Data is collected by us in connection with provision of the Services.

Privacy Notice Key Points

The key points listed below are presented in further detail throughout this Privacy Notice. You can click on the headers in this section in order to find out more information about any topic. These key points do not substitute the full Privacy Notice.

Processing on behalf of Customers

When you join an Event or Playlist, we process certain Personal Data relating to your use of the Services on behalf of the Customer which has invited you to use the App and/or Services. Such data includes, registration information, such as your name and email address, as well as any preferences, selections or other information you submit in connection with an Event or Playlist. If you use the Services by logging in through a third-party login/account registration service (such as Facebook, Gmail or Apple) we will also receive Personal Data about you as provided by such third-party service. Any data collected by such third party by using the third party to login to the Services is subject to such third party's terms and policies.

We collect and use this data solely for the purpose of providing services to our Customers, at their instruction and on their behalf, including, without limitation, for the purpose of providing you with the App and/or Services, as well as certain targeted offers, advertising and other promotional materials related to the products and services of the Customer.

The information we collect will be shared with the Customer which has invited you to join the applicable Event or Playlist.

For more information about these processing activities or to exercise any rights you may have as a data subject, please contact the applicable Customer directly.

Personal Data We Collect, Uses and Legal Basis

Depending on your usage, we collect different types of data and we and any of our third-party sub-contractors and service providers use the data we collect for different purposes, as specified below. It is your voluntary decision whether to provide us with certain Personal Data, but if you refuse to provide such Personal Data, we may not be able to register you to the App and/or provide you with the Services or part thereof.

Contact Information - When you request information from us, or contact us for any other reason, we will collect any data you provide, such as your email address and the content of your inquiry.

How we use this data: To respond to your request or inquiry.

Legal Basis: We process this Personal Data based on performance of a contract when we respond to your inquiry.

Automatically Collected Data - When you visit and use the App, we automatically collect information about your computer or mobile device, including non-Personal Data such as your operating system, and Personal Data such as IP address, device ID, your browsing history on our App and subject to your consent, if you elect to provide such information, the (geo) location of an Event. For more information about the cookies and similar technologies we use and how to adjust your preferences, please see the section "Cookies and Similar Technologies" below.

How we use this data: (1) to review usage and operations, including in an aggregated non-specific analytical manner, develop new products or services and improve current content, products, and Services; and (2) to prevent fraud, protect the security of our App and Services, and address any problems with the App and/or Services.

Legal Basis: We process this Personal Data for our legitimate interests to develop and improve our products and Services, review usage, perform analytics, prevent fraud, for our recordkeeping and protection of our legal rights.

Additional Uses

Statistical Information and Analytics
We and/or our service providers use analytics tools, including "Google Analytics", to collect and analyze information about the use of the App and/or Services, such as how often users visit the App, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the App. By analyzing the information we receive, we may compile statistical information across a variety of platforms and users, which helps us improve our App and Services, understand trends and customer needs and consider new products and services, and tailor existing products and services to customer desires. You can find more information about how Google collects information and how you can control such use at https://policies.google.com/technologies/partner-sites.

Sharing the Personal Data We Collect

We share your information, including Personal Data, as follows:

Affiliates
We share information, including your Personal Data, with our affiliated company, Vibo Inc., where this is necessary to provide you with our products and Services, and for the purpose of management of our business.

Service Providers, and Subcontractors
We disclose information, including Personal Data we collect from and/or about you, to our trusted service providers and subcontractors, who have agreed to confidentiality restrictions and who use such information solely on our behalf in order to: (1) help us respond to your request or inquiries; and (2) aid in their understanding of how users are using our App and/or Services.

Such service providers and subcontractors provide us with IT and system administration services, data backup, security, and storage services, and data analysis services.

Business Transfers
Your Personal Data may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation) in such case, your Personal Data shall continue being subject to the provisions of this Privacy Notice.

Law Enforcement Related Disclosure
We may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party's rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation.

Legal Uses
We may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

Other Uses or Transfer of Your Personal Data
If you use our App and/or Services with or through a third-party service, site and/or mobile application, we may receive information (including Personal Data) about you from those third parties. Please note that when you use third-parties outside of our App and/or Services, their own terms and privacy policies will govern your use of those services.

International Transfer

We use subcontractors and service providers and have affiliates who are located in countries other than your own, such as the US and Israel, and send them information we receive (including Personal Data). We conduct such international transfers for the purposes described above. We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice, including appropriate remedies in the event of the violation of your data protection rights in such third country.

Whenever we transfer your Personal Data to third parties based outside of the European Economic Area ("EEA"), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us at support@vibodj.com if you would like further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

Security

We have implemented and maintain appropriate technical and organization security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to Personal Data appropriate to the nature of such data. The measures we take include:

Safeguards – The physical, electronic, and procedural safeguards we employ to protect your Personal Data include secure servers, firewalls, and SSL encryption of data.

Access Control – We dedicate efforts for a proper management of system entries and limit access only to authorized personnel on a need to know basis of least privilege rules, review permissions quarterly, and revoke access immediately after employee termination.

Personnel – We require new employees to sign non-disclosure agreements according to applicable law and industry customary practice.

Encryption – We encrypt the data in transit using secure SSL protocols.

Database Backup – Our databases are backed up on a periodic basis for certain data and are verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity, are tested regularly to ensure availability, and are accessible only by authorized personnel.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

Your Rights - How to Access and Limit Our Use of Certain Personal Data

Subject to the laws applicable to you and certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to the Personal Data that we or other controllers hold about you, as detailed below. For any requests to exercise such rights with respect to information held by other controllers, including, any Customer, please contact the applicable controller directly. If you wish for us to notify all independent controllers, please specify that request when you contact us in order to exercise any of your rights We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:

Data Retention

Subject to applicable law we retain Personal Data as necessary for the purposes set forth above. We may delete information from our systems without notice to you once we deem it is no longer necessary for these purposes. Retention by any of our processors may vary in accordance with the processor's retention policy

In some circumstances, we may store your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, accounting requirements and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether those purposes can be achieved through other means, as well as applicable legal requirements.

Please contact us at support@vibodj.com if you would like details regarding the retention periods for different types of your Personal Data.

Cookies and Similar Technologies

We use cookies and similar technologies for a number of reasons, including to help personalize your experience. Third parties through which we provide the Services and/or our business partners may be placing and reading cookies on your browser or using web beacons to collect information in the course of advertising being served on different websites. When visiting this App, you shall be notified of the use of and placement of cookies and other similar technologies on your device as specified herein.

What are Cookies?

A cookie is a small piece of text that is sent to a user's browser or device. The browser provides this piece of text to the device of the originating user when this user returns.

How We Use Cookies

We use cookies and similar technologies for a number of reasons, as specified below.

Type of Cookie Why We Use These Cookies
Necessary These cookies are necessary in order to allow the App to work correctly. They enable you to access the App, move around, and access different services, features, and tools. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session. These cookies cannot be disabled.
Functionality These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) in order to help us personalize your experience and offer you enhanced functionality and content.
Security These cookies can help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance These cookies can help us collect information to help us understand how you use our App, for example whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our App.
Analytics These cookies collect information regarding your activity on our App to help us learn more about which features are popular with our users and how our App can be improved.
Advertising These cookies are placed in order to deliver content, including ads relevant and meaningful to you and your interests. They may also be used to deliver targeted advertising or to limit the number of times you see an advertisement. This can help us track how efficient advertising campaigns are, both for our own Services and for other websites. Such cookies may track your browsing habits and activity when visiting App and those of third-parties.

How to Adjust Your Preferences

Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input these each time you visit.

Third-Party Applications and Services

The App and/or Services allow you to access certain content and services provided by YouTube, Google Maps and other third parties. You can find more information about how YouTube and Google collect information and how you can control such use at http://www.google.com/policies/privacy. All use of third-party applications or services is at your own risk and subject to such third party's terms and privacy policies.

Communications

We reserve the right to send you service-related communications, including service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications, you may cancel your account.

Children

If your child is under the age of thirteen (13) in the United States and sixteen (16) in the EEA and/or other jurisdictions, you shall be requested to provide your verifiable consent to the collection, processing and/or transfer of his or her Personal Data pursuant to the terms of this Privacy Notice. Subject to your consent, we collect, process and transfer Personal Data of your child when he or she accesses or uses our App and/or Services, as set forth herein.

Changes to the Privacy Notice

We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business, and we will place any updates on this webpage. Please come back to this page every now and then to make sure you are familiar with the latest version. If we make material changes to this Privacy Notice, we will seek to inform you by notice on our App or per email.

Comments and Questions

If you have any comments or questions about this Privacy Notice or if you wish to exercise any of your legal rights as set out herein, please contact us at support@vibodj.com.

Last updated: June 2020