1. These Terms and Conditions sets out the legal relationship between you ("You") and Heyoya Ltd. with regards to the use of Heyoya Comments Platform ("Heyoya Platform"). Use of the Heyoya Platform by internet sites which are cooperating with Heyoya ("Site/s") is intended, inter alia, for recommendations, reviews, comments, notifications, and voice messages (hereinafter, "Comments") to be left by those visiting the Site, and/or related social networks.
2. By posting Comments via the Heyoya Platform, You enable other visitors of the Site, Heyoya, the Site owners, and advertisers who have a commercial link with Heyoya and/or with Site or its owners, to learn, among other things, about the your habits, requirements, tastes and preferences, and to make the surfing experience of You and of other users, more effective and to promote cooperation among the various parties.
3. The Comments that shall be posted from time to time through Heyoya Platform will be available to the public and may be viewed and used by others. Heyoya unable to control such uses of your Comments, and by using the Heyoya Platform the End Usrer assume the risk that his posted Comments may be viewed and used by third parties.
5. Heyoya may, at its exclusive and absolute discretion, verify your identity and the accuracy of the details provided, inter alia, by identification of You on different social networks, and third-party connection or log-in, for example, through Facebook, Google or Linkdin.
6. By register for, and/or by using Heyoya, you are giving your consent to Heyoya and/or anyone acting on its behalf, via the technological tools that are at its disposal from time to time, to monitor, examine and analyze tyour Comments and/or any the internet and/or physical environment in which You is located from time to time, such as – for example – your IP address and/or the sites which he uses which could indicate the User's location.
7. The information gathered from time to time by Heyoya includes information regarding the use of the Heyoya Platform made by the You, for example, listening to a Comment, recording a Comment, increasing or reducing volume, etc., as well as information derived the extraneous circumstances relating to the use made of Heyoya Platform (for example, the hours in which the Heyoya Platform was in use, the length of time for which it was used, the browser on which use was made, the Heyoya Platform reference and/or the Comments on the social network sites, etc.), and all at Heyoya's sole and absolute discretion.
8. Heyoya reserves the unrestricted right to analyze the data gathered by it, in accordance with the parameters determined by Heyoya from time to time.
9. Gathering information about You is carried out by using the localStorage services.
10. Every end user of Heyoya is identified by Heyoya and its systems in a different and unique manner, through elements installed on the your browser. Using and browsing on the Sites will allow Heyoya to receive and coordinate the information that is collated regarding You, whilst closing the relevant pages will halt the transfer of such information to Heyoya until such time as the pages are reopened.
11. By register for and/or actual use of the Heyoya Platform, You irrevocably consent and approve that Heyoya may keep and make use of both "Personally Identifiable Information" and "Non-Personally Identifiable information" that has been collected and gathered by it, at its exclusive discretion, including by transferring it to, or share it with third parties and in particular transfer to the Sites the your full name, email address and country of resident , all in any manner and for any purpose (including for their own marketing purposes, for example in order to sending you more relevant advertising emails or offers for goods and services that may interest you).
13. If you do not want us to share your Personally Identifying Information with third parties for their own marketing purposes, you may opt-out by sending an email to email@example.com
14. Heyoya may combine at its sole discretion, such Non-Personally Identifiably Information with Personally Identifiable Information in order to provide you with relevant advertising when visiting or using the Heyoya Platform, third parties' websites or to send you email advertisements and newslwttwers. Heyoya treat this combined information as Personally Identifiable Information.
"Personally Identifiable Information" which means, inter alia, information that identifies you as an individual, such information may include, but is not limited to, your name, email address, telephone number, Heyoya' account number.
15. Heyoya collects Personally Identifiable Information about You when Youprovide such information in connection with Heyoya Platform such as when you register for the Service (including through third-party connection or log-in) or when you send Heyoya an email.
"Non-Personally Identifiable Information" which means, inter alia, information that does not identify you as an individual, such information may include, but is not limited to, information about your browser, your IP address, device ID, GPS information, what pages you visited, which website you came from, what advertisements you clicked on, and other information about your online activity that does not, by itself, identify you as an individual.
Personally Identifiable Information and Non-Personally Identifiable Information shall be reffered in this policy as "Personal Information"
16. Heyoya may automatically collect and use Non-Personally Identifiable Information when You view and interact with Heyoya Platform, or third party sites using tracking technologies such as cookies, web beacons, log files and other similar technology.
17. Data collection carried out by consent, and therefore does not constitute an infringement of yourprivacy.
Cookies and other Technology.
19. Cookie Information: When you visit or use Heyoya Platform, Heyoya may send one or more cookies - a small text file containing a string of alphanumeric characters — to your device that uniquely identifies your browser. The cookies are being stored on the hard drive of your device (be it a computer, tablet, mobile phone or any other device that can access the internet) when you visit a website or click on an advertisement. Cookies are used to identify the device on which they are saved and are operational for a limited period of time. A cookie may also convey information to us about how you use Heyoya Platform and/or relevant sites (e.g., the pages you view, the links you click and other actions you take) and allows Heyoya to track your usage of Heyoya Platformon third parties sites over time. Heyoya may use both persistent cookies, which remain on your hard drive after you close your browser, and session cookies which terminate when you close your browser.
20. There are few types of cookies that may be saved on your device while browsing Heyoya Platform, and the purposes they are designated to:
i. optimise the presentation of the website/services in line with your device's display preferences (language used, screen resolution, operating system, etc.);
ii. remember some information relating to forms that you have filled in on some website;
iii. compile statistics measuring visits to and use of our Heyoya Platform or any Sites;
iv. implement certain security measures.
In case such cookies shall be deactive, You will have problems accessing and use Heyoya Platform.
Audience-measuring cookies are issued in order to measure the number of people accessing various types of Comments. These cookies are also used to identify any potential navigation problems and thus improve the Heyoya Platforms usability.
Social media and partners' cookies allow you to share Heyoya's content with other people or tell people what you think about Comments and content on Heyoya Platform. A number of sharing buttons are integrated into Heyoya Platformusing third-party applications that could issue this type of cookie. Please review the privacy policies of those social networks to see what browsing information acquired via such button applications is ultimately used for
These cookies collect information about your browsing habits in order to make as much as possible advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of the advertising campaign.
21. If You prefer to limit, block or remove cookies You can approach Heyoya by sending an email to firstname.lastname@example.org, ad You can also do it through your web browser settings. The "Help" function within your web browser will tell you what you need to do. You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across a number of different internet browsers. Heyoya's opt-out mechanism is managed through cookies, if you delete cookies from your browser or use a different browser, You will need to opt-out again. Please note that even if you choose to opt-out of targeted advertising from Heyoya, You will still see ads from Heyoya, they just won't be targeted to you based on the information derived from your interaction with Heyoya Platform, or third party sites. Also note, You might still see targeted ads (interest based ads) from third parties.
22. If You do not want to accept Heyoya's cookies, You can adjust your browser settings to decline cookies. You should note, however, that certain areas of Heyoya Platform may not operate properly if you decide not to accept cookies.
You may opt-out of receiving targeted and other marketing and promotional emails or notifications from Heyoya at any time by using the opt-out mechanism contained in such emails (also referred to as "unsubscribe"). You might still receive transactional comminications from Heyoya necessary for Heyoya Platform to function, these include, but may not be limited to, emails confirming you created a new account, emails helping you reset your password etc.
26. Personally Identifiable Information and Non-Personally Identifiable Information may be transferred to and stored and processed in countries other than the country in which You reside or in which you stay while using the Services. Heyoya may transfer Personally Identifiable Information and Non-Personally Identifiable Information to the United States of America in order to store such inforamtion. By using the Heyoya Platform, You consent to the transfer and store of your Personally Identifiable Information and Non-Personally Identifiable Information to other countries including the United States of America.
27. It is to be clarified that in any event, Heyoya will not be liable for content that is uploaded and/or listened to via Heyoya Platform, and the Site owners and its visitors will have no claim and/or demand vis-à-vis Heyoya regarding the use made of the Heyoya Platform.
28. The use of Heyoya Platform is on an "as is" basis.
29. Heyoya makes no warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of a course of dealing, custom, or usage of trade, such as warranties that might be inferred from, by way of illustration and not limitation, statements or representations of Heyoya.
30. Heyoya shall not, under any circumstances, be liable to You and/or the Site or to any other third party for any direct, special, indirect or consequential damages (including, but not limited to, loss of profits, revenue, business, opportunity or goodwill) resulting from or in any way related to Heyoya Platform. This limitation of liability applies regardless of the legal theory under which such damages are sought, including breach of contract, breach of warranty, negligence, or strict liability.
32. Heyoya may remove and/or limit the use of Heyoya Platform for a limited period or permanently at its exclusive discretion and without prior notice.
33. Heyoya Platform is provided through remotely based internet services coming from Heyoya' and third party servers.
34. At its exclusive discretion, Heyoya may discontinue these services at any time or restrict access to these services to paying subscribers only or in line with any other business model on which it decides.