Last Updated: October 1, 2018
1. Acceptance of Terms
By accessing or using the website located at California (the “Site”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. After reviewing these Terms, please indicate your acceptance by providing information regarding yourself, checking the box, and clicking the “I Agree” button, all at the bottom of these Terms.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.
2. Registration and Personal Data
In order to access and use certain areas or features of the Site, you may need to register for an account. Each registration is for a single user only.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by sending such changes to email@example.com. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
By creating an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these emails at any time by following the unsubscribe instructions provided therein.
3. License to Access and use the Site and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are our property or the property of our licensors, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or our other proprietary rights of or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
Our logo, and any other of our product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site are our property, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without our prior written permission. Your misuse of any such Mark, or any other Content, is strictly prohibited.
Where we has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, we may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.
6. Linked Sites
We have not reviewed all of the websites linked to the Site, including the website of our broker-dealer, and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by us. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. We reserve the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by us. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at our option, defend us from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by us resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that we shall have control of the defense or settlement of any third party claims, unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
9. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO [CLIENT] RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO US FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND SOCIALCASH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and SocialCash agree that any in-person arbitral hearing would occur in the United States in Los Angeles, CA. We further agree that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SocialCash are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND SOCIALCASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SocialCash agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
11. Modifications to the Site
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.
12. Special Admonitions for International Use
This Site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
14. Governing Law and Jurisdiction
We operate the Site from California, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Delaware and California, shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the Delaware Court of Chancery and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to us at the following contact: firstname.lastname@example.org. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Site. Please report any violations of these Terms to us at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and SocialCash relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
II. PERSONAL DATA WE MAY COLLECT
A. Information You Give Us
Except for physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Site. However, if you want to purchase pre-sale rights for our Security Tokens, register for our Security Token Sale, and/or participate in our Security Token Sale (collectively, the “Token Sale Activities”) you may be asked to provide personal information either directly to us or to the broker-dealer that we have engaged to assist with the Token Sale Activities, including Know-Your-Customer, Anti-Money-Laundering and Accreditation compliance (references to “us” below includes our engaged broker-dealer). Once you provide us with personal information about you, you are no longer anonymous to us. This information may include:
• Your name;
• Your email;
• Proof of address;
• Proof of identity (passport, id card, driver license details).
• Your date of birth;
• Numbers that You may use or have registered with Your local tax authority;
• Photographs of You;
• Confirmation of proceeds sources; and
• Sworn statements.
The abovementioned information and details shall be provided only upon special personal request to you and specified in respective email or messages from us.
We reserve right to request the basic personal information described above (the “Personal Data”), prior to completing any Token Sale Activities. We may refuse you access to the Site if we have grounded doubts as to validity, authenticity and genuineness of the Personal Data, provided by you.
If you do not provide us with the Personal Data, you may not be able to use the full functionality of the Site or participate in any of our Token Sale Activities. We shall not bear any liability for such possible incomplete use.
B. Location Information.
In order to access and use certain areas or features of the Site, you consent to our collection and use of your physical location information if you use the Site on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser in order to verify your eligibility to participate in our Token Sale Activities.
In addition, you consent to our collection and use of certain information about your use of this Site through the use of tracking technologies or by other passive means. We may use analytics applications such as Google Analytics to help collect and analyze this information. This ‘passively collected’ information includes, but is not limited to, the domain name of the website that allowed you to navigate to this Site, search engines used, the internet protocol (IP) address used, the length of time spent on this Site, the pages you looked at on this Site, other websites you visited before and after visiting this Site, the type of internet browser you have, the frequency of your visits to this Site, and other relevant statistics, including the following:
Log information. When you access this Site, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser.
Links. The Site may include links in a format that enables us to keep track of whether these links have been followed by IP addresses. We use this information to improve the quality of our products and design.
URLs. When you visit or access this Site, we automatically receive the URL of the site from which you came and the site to which you are going when you leave this Site. Additionally, advertisers receive the URL of the page you were on when you click on an ad on this Site.
Web Beacons. Web beacons (also known as ‘pixel tags’ or ‘clear GIFs’) are 1×1 single-pixel graphics that allow us to count the number of users who have visited or accessed this Site and to recognize users by accessing our cookies. We may employ web beacons to facilitate Site administration and navigation, to track the actions of users of this Site, to compile aggregate statistics about Site usage and response rates, and to provide an enhanced online experience for visitors to this Site. We may also include web beacons in HTML-formatted email messages that we send to determine which email messages were opened.
III. HOW WE USE PERSONAL DATA
We comply with our obligations under certain applicable law including GDPR by: keeping Personal Data up to date where needed based on the purposes for which the Personal Data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place to protect Personal Data from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy Personal Data when it is no longer needed by us.
Personal Data collected through the Site may be used by us for purposes of:
• Managing your account;
• Administering our Site;
• Processing your eligibility to participating in any of our Token Sale Activities;
• If you are eligible, processing your purchase of pre-sale rights to our Tokens, registration for our Token Sale or participation in our Token Sale;
• Responding to your questions and feedback;
• Contacting you, whether by email, postal mail, or telephone with information about this Site and our Tokens;
• For such purposes as you may authorize at the time you submit the information;
• Auditing, research, and analysis to maintain, protect, and improve this Site and our services;
• Ensuring the technical functions of our network; or
• Improving and customizing the content and layout of the Site.
IV. PERSONAL INFORMATION WE SHARE
We do not sell, rent, trade, or otherwise share Personal Data collected through the Site, except as described below:
Subsidiaries and Affiliates. We may share Personal Data with our subsidiaries and agents including our broker-dealer for the purposes for which you provided the information or as reasonably necessary for purposes of determining your eligibility for any of our Token Sale Activities.
Service Providers. We work with third parties that provide services on our behalf. Such services may include broker-dealer activities, website hosting, compliance, marketing, website usage analytics, and order fulfillment service providers. We may share Personal Data and non-personal information with these third parties for the purpose of enabling them to provide these services. We do not bear any responsibility for any actions or policies of such third parties.
Consent. We may share Personal Data in accordance with any consent you provide.
Required by Law. We may disclose Personal Data or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
V. AGGREGATE INFORMATION
VI. YOUR CHOICES
A. Information You Provide
You can always choose whether or not to provide information on the Site. However, if you choose not to disclose certain information, you may not be able to register as a user of the Site, which may limit your access to certain portions of the Site.
B. Communications From Us
If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at email@example.com
C. Do Not Track
D. Your Rights and Your Personal Data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your Personal data:
· The right to request a copy of your Personal Data which we hold about you;
· The right to request that we correct any Personal Data if it is found to be inaccurate or out of date;
· The right to request your Personal Data is erased where it is no longer necessary for us to retain such data;
· The right to withdraw your consent to the processing at any time of Personal Data to which you provided consent for processing;
· The right to request that we provide the you with your Personal Data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
· The right, where there is a dispute in relation to the accuracy or processing of your Personal Data, to request a restriction is placed on further processing;
· The right to object to the processing of Personal Data (where applicable); and
·The right to lodge a complaint with a data supervisory authority.
E. Transfer of Data Abroad
We will transfer Personal Data only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If we transfer Personal Data to a third party acting as our agent, we will also require the third party to have adequate privacy protections in place. We may transfer Personal Data to and on behalf of clients, purchasers and third parties with whom we have an existing service agreement or as part of our legal obligations, each of which shall be subject to our policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).
F. Automated Decision Making
Under GDPR, data subjects shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision: (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If a data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact us.
G. Further Processing
VII. INFORMATION STORAGE AND SECURITY
We employ reasonable security precautions to help protect against the loss, misuse, and alteration of Personal Data provided on or through the Site. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect Personal Data about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that Personal Data is no longer secure, please notify us immediately by contacting us in accordance with the last section below.
VIII. A SPECIAL NOTE ABOUT CHILDREN
Children are not eligible to use the Site, and we ask that minors (children under the age of 18) not submit any Personal Data to us.
IX. EXTERNAL LINKS
X. OPERATIONAL CONTROL
The Site is controlled and operated by us from the United States of America. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
XI. UPDATING INFORMATION
You may change Personal Data that you have provided about you by contacting us at: firstname.lastname@example.org
XIII. NAME AND ADDRESS OF THE CONTROLLER
The Data Controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection this is:
Social Cash, Inc.
Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection.