GENERAL TERMS AND CONDITIONS
1 PRELIMINARY, GENERAL PROVISIONS
1.1 The present General Terms and Conditions (hereinafter referred to as “GTC” or “General Terms and Conditions”) include the rights and obligations related to the provision and use of the Ate journaling application (hereinafter: “Application”) operated by Piqniq, Inc. (registered seat: 541 Jefferson Ave, Redwood City, CA 94063 United States; California corporate number: C3716275; hereinafter referred to as “Service Provider” or “Piqniq”) and downloadable from the Apple App Store and Google Play web stores (hereinafter referred to collectively as “Webstores”, separately as “Webstore”), and to the provision and use of services accessible on the https://www.youate.com website (hereinafter referred to as the “Website”), as well as to newsletter services (all of the services hereinafter referred to as the “Service”).
1.2 The purpose of the Service accessible through the Application is to provide persons with an easy-to-use journal in order to help them track what they ate, by allowing them to upload pictures of their meals (hereinafter: “Meal Picture”), furthermore taking notes on why they ate it and how it made them feel, to share the Meal Picture and the notes related to it, and to send notifications to the User about when they should eat based on the preferences set up by the User in the Application.
1.3 The Service Provider provides an opportunity to its Users in the Application to share the data (such as photos and thoughts on the food they consumed) recorded by the User with third persons specified by the User or users to the Application who registered as a coach (hereinafter collectively: “Coach”) to make such persons able to help the Users to keep on the right track with their eating habits or to achieve a certain goal specified by the User. Certain functions in the Application are not available, or available in a limited way only, for these the provisions of the present GTC are applicable.
1.4 The Services available in the Application are available for free (hereinafter referred as “Free Plan”) or by paying a monthly fee to unlock more features (hereinafter referred as “Premium Plan”). The payment conditions for Users are set forth under Section 6.2 of the present GTC.
1.5 The Services provided for Coaches are available by paying a monthly fee. The payment conditions for Coaches are set forth under Section 6.3 of the present GTC.
1.6 The GTC is available on the Service Provider’s Website: under the menu item ‘Terms of Service’.
2 DATA OF PIQNIQ
Company name: Piqniq, Inc.
Registered seat: 541 Jefferson Ave, Redwood City, CA 94063 United States of America
Corporate number (California): C3716275
E-mail address: firstname.lastname@example.org
Language of the contract: English
Phone number: +1 (314) 720-1010
Contact person: Tom Kiss
Hosting service provider: Google, LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, United States of America
Application: The ‘Ate’ mobile application (app) available in the Google Play application store [https://play.google.com/store/apps/details?id=com.youate.android] and the Apple App Store [https://itunes.apple.com/app/apple-store/id1164976477?pt=101931802&ct=website&mt=8]. The Application is available on Android and IOS operating systems, it can be downloaded free of charge.
Ate Coach Plan: shall mean the Coach’s subscription to Piqniq’s Services in order to be able to use the features of the Coach Portal and in-app Coaching features.
Client: shall mean the User who is connected to the Coach Account.
Coach Code: shall mean the eight-digit code generated by Piqniq unique to the Coach Account which allows the Users with the Coach Code to add the Coach as their friend in the Application.
Coach Portal: a web application located at https://youate.com/coach/dashboard/ designed for Coaches to create a Coach Account and to make them able to view their Client’s data.
Coach Account: an account registered by the Coach on the Website.
Contract: means both the User Contract and the Coach Contract.
Customer: means both the Users and the Coaches.
User Account: an account registered by the User in order to be able to use the Application.
GTC: the present General Terms and Conditions containing the detailed rules of the contract concluded between the Service Provider and the User or the Coach.
User: any natural person who enters into a legal relationship with the Service Provider for the provision of a service specified in this GTC and under the terms of this GTC.
For the purposes of this GTC, any person who downloads the Application from any of the application stores in order to use the Service shall be considered a User.
Services: shall mean the services provided by Piqniq that are currently available in the Application or on the Website, including the Newsletter Service.
User Contract: A specific contract concluded between the Service Provider and the User for the use of any of the Services available through the Application.
Coach Contract: A specific contract concluded between the Service Provider and the Coach for the use of Services available through the Website.
Website: shall mean the website located at https://youate.com as well as its subdomains and sub-sites.
Stripe: shall mean Stripe, Inc. (address: 510 Townsend Street San Francisco, CA 94103 United States, corporate number: C3635817), a third-party payment processor.
4 REGISTRATION, CONCLUSION OF CONTRACT
4.1 Registration of the User
The User Contract is concluded between the Service Provider and the User by the registration of the User through the registration interface accessible in the Application, with the following steps:
4.1.1 The User, in order to use the Services available in the Application, must register through the registration interface.
The Application provided by the Service Provider may be used by any person regardless its age, however minors under the age of 16 shall only use the Application with the approval of the legal representative.
The User hereby declares and warrants that they comply with the terms of this clause, is not incapacitated, furthermore, if their legal capacity is partially limited or incompetent the legal representative or the legal guardian shall represent the user, furthermore understands and acknowledges the provisions of this GTC. In the event of any breach of this user warranty, only the User or its legal representative or legal guardian violating the warranty shall be liable for any damages and costs incurred thereof.
4.1.2 Registration interface:
After completing the requested information in the registration interface, the User declares that they have learned and accept the content of the GTC and consents to the processing of their personal data as specified in the Policy. During the registration the User’s e-mail address, their first and last name, and a password is required.
The User activates their registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in their registration, thereafter the system activates the User’s registration and therewith the User Contract between the parties is concluded.
4.1.3 After registration, the User may, at any time, correct or modify the data input errors or any changes of the data through the Application.
4.1.4 Authenticating with third party service providers
Authentication can be done by logging into the Application as a user of a third party service provider (such as Facebook or Google), or by using an e-mail account. When using this log-in method, the relevant service provider will provide Piqniq with information that the User has made available through the relevant service provider’s privacy settings.
4.1.5 After the registration, the User has the option to upload a profile picture, or if it was made available through the privacy settings the profile picture in use at the User’s Facebook, e-mail or Apple ID is automatically uploaded (hereinafter referred to as “User Profile Picture”). The User may at any time modify the User Profile Picture. The User may not upload or make uploaded violent, naked, partially naked, discriminatory, infringing, hateful, pornographic or sexual photo or other similar picture (hereinafter referred to collectively as “Prohibited Picture”) as User Profile Picture.
The User is not allowed to upload a Prohibited Picture as Meal Picture.
The Service Provider reserves the right to delete the Prohibited Picture uploaded by the User as a Profile Picture or Meal Picture without prior notice at any time. In case the User uploads Prohibited Pictures two or more times, it will be considered as a behaviour that infringes materially the present GTC and sanctions set forth in Section 7.7 of this GTC shall apply.
4.1.6 The Service Provider is entitled to modify the detailed profile data.
4.1.7 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the User. The User can any time change the data given during the registration. The registration shall be done once by the User, in case of further accesses to the Application this step is not required anymore.
4.1.8 The Service Provider shall not be liable for any damages arising from being the Users’ e-mail address and/or password available to unauthorized persons. The User can request assistance from the Service Provider at the email@example.com e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.
4.1.9 Under the present GTC, the User Contract between the parties shall be considered as a written contract in English language. The Service Provider shall record the data of the User who concludes the User Contract, the place and time of the User Contract, and the data provided by the User during registration and the text of the General Terms and Conditions which is in effect at the time of the conclusion of the User Contract. Upon the request of the User, the Service Provider sends information on the above to the User in writing.
4.1.10 The Website and the Application may be used by any User solely at their own risk and under their own responsibility.
4.2 Registration of the Coach
The Coach Contract is concluded between the Service Provider and the Coach by the registration of the Coach through the registration interface accessible on the Coach Portal, with the following steps:
4.2.1 The Coach, in order to use the Services available on the Coach Portal, must register through the registration interface at the Coach Portal.
No person under the age of 18 may register on the Coach Portal.
4.2.2 Registration interface:
After completing the requested information in the registration interface, the Coach declares that they have learned and accept the content of the GTC and consents to the processing of their personal data as specified in the Policy as well as that they have read and accept Piqniq’s Data Processing Addendum (hereinafter: “DPA”). During the registration the Coach’s name, e-mail address, and password are required.
The Coach activates their registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in their registration, thereafter the system activates the Coach’s registration and therewith the Coach Contract between the parties is concluded.
To be able to access the Coach Portal, the Coach has to pay for a Coach Plan as set forth in Section 6.3 of the present GTC.
4.2.3 After registration, the Coach may, at any time, correct or modify the data input errors or any changes of the data through the Coach Portal.
4.2.4 Authentication with third party service providers
Authentication can be done by logging into the Application / Coach Portal as a user of a third party service provider (such as Facebook or Google), or by using an e-mail account. When using this log-in method, the relevant service provider will provide Piqniq with information that the Coach has made available through the relevant service provider’s privacy settings.
4.2.5 After the registration, the Coach has the option to upload a profile picture, or if it was made available through the privacy settings the profile picture in use at the Coach’s Facebook, e-mail or Apple ID is automatically uploaded (hereinafter referred to as “Coach Profile Picture”). The Coach may not upload or make uploaded a Prohibited Picture as Coach Profile Picture. The Service Provider reserves the right to delete the Prohibited Picture uploaded by the Coach as a Coach Profile Picture without prior notice. The User may at any time modify the User Profile Picture.
4.2.5 The Service Provider is entitled to modify the detailed profile data of the Coach.
4.2.6 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the Coach. The Coach can any time change the data given during the registration. The registration shall be done once by the Coach, in case of further accesses to the Coach Portal this step is not required anymore.
4.2.7 The Service Provider shall not be liable for any damages arising from being the Coaches’ e-mail address and/or password available to unauthorized persons. The Coach can request assistance from the Service Provider at the firstname.lastname@example.org e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.
4.2.8 Under the present GTC, the Coach Contract between the parties shall be considered as a written contract in English language. The Service Provider shall record the data of the Coach who concludes the Coach Contract, the place and time of the Coach Contract, and the data provided by the Coach during registration and the text of the General Terms and Conditions which is in effect at the time of the conclusion of the Coach Contract. Upon the request of the Coach, the Service Provider sends information on the above to the Coach in writing.
4.2.9 The Coach Portal may be used by any Coach solely at their own risk and under their own responsibility.
4.2.10 The Coach is able to register a User Account if they are willing to use the Application, and the Coach’s Clients will not be able to see the data the Coach saved in their own User Account, unless the Coach specifically gives them right to do so.
5.1 Under this GTC, the Service Provider undertakes to provide the Customer with the Services pursuant to the functions and contents of the payment options specified in the present GTC.
5.2 The Application
5.2.1 Free version
126.96.36.199 By using the free version of the Application (hereinafter: “Free Version”), the User has an opportunity to record the data and information related to the food they consume in an easy to use system as well as to set notifications in order to remind them to eat in times set by the User, or to review the meal they ate.
The User is able to start experiments in the Application such as eating from smaller plates or eating with non-dominant hand, but they are also able to create custom experiments. The Users can record their path until they end the experiment manually.
The data related to the eating that the User is able to record in the Free Version might change from time to time. Piqniq reserves the right to change the features available in the Free Version unilaterally at any time without notifying the User.
5.2.2 Premium Version
188.8.131.52 By using the paid version of the Application (hereinafter: “Premium Version”) the User has an opportunity to record the data and information as set forth in Section 5.2.1 of the present GTC, and the Premium Version provides extra features which are listed in the Application Stores. Piqniq reserves the right to change the features available in the Premium Version unilaterally at any time without notifying the User.
184.108.40.206 In case of certain Coach Accounts, if a User becomes a Client for a Coach, the User’s Application automatically upgrades to the Premium Version.
5.2.3 The Service Provider provides the opportunity in the frame of the Application, that a User can add a Coach as their friend by providing the Coach Code. This feature allows the Coach to track the data the User stores and the statistics generated based on the data entered into in the Application and helps the Coach to provide better advices on the eating habits of the User.
5.3 Coach Portal
5.3.1 By using the Coach Portal, the Coach is able to add Clients to their Coach Account, to manage the Clients they added as well as to monitor the Clients’ data saved in the Application. The Client can be added by providing a User with the Coach Code which shall be typed or copied at the “Add Friend” menu point in the Application into the relevant bracket by the User. After adding a Client, the Coach is able to chat with the Client on the Coach Portal.
5.3.2 The Coach Portal is available after paying the service fee as set forth in Section 6.3 of the present GTC only.
5.3.3 Coaches are entitled to add up to 50 Clients to their Coach Account depending on what Ate Coach Plan they purchased.
The Coach is able to invite Clients by sending an invite link generated in the Coach Account to persons of their choice. Once the invited person downloads the Application and adds the Coach as their friend, a notification will be sent to the Coach to approve the Client. After the approval of the Coach, the invited person becomes a Client and the Coach is able to monitor the Client’s in-Application activity on the Coach Portal.
5.3.4 Piqniq provides an opportunity to add more than 50 Clients to a Coach Account or to designate multiple Coaches that can manage a single Coach Account. For more information, please contact Piqniq.
5.4 Newsletter Service
5.4.1 Subscribing to the Newsletter Service provided by the Service Provider is available in the Application and also on the Website.
5.4.2 In the Application the Newsletter Service may be requested by clicking on the “subscribe” box on the ‘Send feedback’ page with the e-mail address given during the registration or later in the Application.
5.5 Development of the Services
5.5.1 Piqniq continuously conducts the development of its products and Services, which includes testing, debugging, modifying, adding and/or removing certain features in the Services, including the Application and the Coach Portal.
5.5.2 Due to the continuous development, the Services may be interrupted for maintenance, repairs, or upgrades. Piqniq reserves the right to unilaterally discontinue or terminate access to some or all of the Services and/or certain features at any time without prior notice to the Users, including the Free Version of the Application.
6 PAYMENT CONDITIONS
6.1 Downloading the Application is free of charge.
6.2 Payment of the User
The payment for the use of the additional services available in the Premium Version can be made through the given Webstore from where the Application was downloaded to the device of the User. To the rules of payment of the amounts indicated in the Application, including the conditions of using the payment service, conditions of starting and recalling the payment operations, the respective rules of the given Webstore are applicable which are established independent from the Service Provider.
The contents of the Application that are available in exchange for payment can be obtained by the User by paying the amount of the payment construction indicated in the Application. If the payment construction chosen by the User is not available anymore, however such payment construction is not canceled by the User, the deletion of such payment construction shall not affect the ongoing subscription.
The Service Provider provides a 14 (fourteen) days trial period for all payment constructions set forth in the present section, after setting up a payment method.
The Service Provider provides an opportunity to the User to set an automatic renewal for each payment construction. If the User uses the automatic renewal option without any prior notice, considering the payment conditions of the Webstore, the Service Provider will charge the payment account indicated by the User and make the Services and functions related to the payment construction available for the User for the period depending on the selected payment construction.
The User is entitled to change the type of the payment construction they selected at any time, as well as to change to Free Version.
6.3 The payment for the use of the Coach Portal can be issued via the Website. The payment of the Coach is processed by Stripe, which means the Coach shall be bound by the terms of Stripe.
The contents of the Coach Portal can be accessed by the Coach by paying the amount of the Ate Coach Plan’s payment construction indicated on the Website. If the payment construction chosen by the Coach is not available anymore, however such payment construction is not canceled by the Coach, the deletion of such payment construction shall not affect the ongoing subscription.
The subscription for the Ate Coach Plan is renewable for the period depending on the Coach’s choice, however Piqniq offers discount on yearly renewed subscriptions.
The Service Provider provides a 30 (thirty) day trial period for all Ate Coach Plans, after setting up a payment method.
After the thirty-day trial period expired, without any prior notice the Service Provider will charge the payment account indicated by the Coach and make the Services and functions related to the selected Ate Coach Plan available for the user for the period depending on the selected type of the subscription.
6.4 The all-time payment for each payment construction and the Services and functions available for each payment construction is indicated by the Service Provider in the Application and on the Website. The all-time price of each content that is available in exchange for payment is indicated next to the content of the Application. The prices indicated do not include sales tax.
6.5 The Service Provider is entitled to provide discounts, special offer purchases (hereinafter: “Discounts”) to the Customer at dates and duration determined solely by the Service Provider, the availability and conditions of the Discounts shall be indicated by the Service Provider in the Application or on the Website to inform the Customer. The Service Provider is entitled to introduce, terminate, modify the conditions of the Discounts at its own discretion, of which change shall be without delay indicated in the Application and on the Website to inform the Customer.
6.6 The Service Provider is entitled to allocate Discount codes for Customers determined solely by the Service Provider. The Service Provider is entitled to determine the conditions of the Discounts and obliged to inform the given Customer about it.
7 THE OBLIGATIONS OF THE CUSTOMERS
7.1 By registration, the Customer is obliged to provide their data correctly. The Customer shall be liable for all damages and costs incurred by the Service Provider, the Customer or a third person as a result of the Customer providing incorrect data.
7.2 The Customer, in terms of the data, the uploaded photographs and other documents uploaded by the User during and after registration, is obliged to comply with the applicable legislation. The Customer shall refrain from any conduct that violates the provisions of this GTC, the rights of others, or is otherwise unlawful, misleading, discriminatory or unfair.
7.3 The Customer may not upload viruses or malicious code and may not display any behaviour that overloads the Website, the Coach Portal or the Application, or makes them inaccessible, or prevents their operation.
7.4 The Customer shall be liable for any damages (including any restitution) that arise at the Service Provider or at a third party, because the Customer has not complied with their obligations set out in the GTC. The Service Provider reserves the right to remove, without delay and without notice to the Customer, any Customer content that violates this GTC, or to exclude the Customer from any further use of the Service, if they publish such content.
7.5 The Service Provider expressly excludes any liability for any damages, including any restitution, arising from erroneous, false, ambiguous or unlawful content provided by the Customer.
7.6 The Customer is obliged to comply with the provisions of this GTC and of other bylaws of the Service Provider. Any damages, including restitution, resulting from the violation of such provisions shall be borne by the Customer. The Service Provider reserves the right to exclude such Customer without any notice from the Service who violates the obligation set out in this clause.
7.7 The Customer acknowledges that if for reasons of unlawful behaviour or of any other behaviour that infringes the current GTC or any other document the Service Provider publishes the Customer is banned from the Services and the service fee already paid by the Customer shall not be recoverable.
8 AMENDMENT, TERMINATION OF THE CONTRACT
8.1 The Service Provider shall be entitled to amend this GTC unilaterally at any time. The Service Provider publishes the amendment on the Website and notifies its Customers thereon and in the Application through a system message. The amended GTC shall apply to the services which are initiated both prior to and subsequent to the publication of the amended GTC.
8.2 The Customer shall be entitled to cancel their registration at any time by sending an e-mail to the email@example.com e-mail address, which shall also mean the termination of the Contract concluded with the Service Provider. By cancelling the registration, the Customer’s profile will be terminated. The deletion of the registration does not mean that the Customer unsubscribes from the Newsletter Service based on the Customer’s separate consent during the registration or previous to the registration either with the same or with a different e-mail address, thus if the Customer intends to unsubscribe from the Newsletter Service simultaneously with the deletion of the registration, the Customer shall indicate such intend separately to the Service Provider.
8.3 The Service Provider shall be entitled to unilaterally terminate the Contract with immediate effect, if the Customer violates any of its obligations set out in this GTC and in any other bylaws of the Service Provider or in applicable law.
8.4 If the Service Provider detects, becomes aware of, furthermore the possibility arises that the User registered and / or uses the Application without the consent of the legal representative in case of minor User under the age of 16, or the legal guardian in case of incapacitated User or User with partially limited capacity, the Service Provider is entitled to notice the User to verify in a reliable way in a reasonable time, but not more than 5 (five) days after the receipt of such notice that the consent of the legal representative or the legal guardian has been given. If the User does not verify in a reasonable way and within the period indicated above the consent of the legal representative or the legal guardian, the Service Provider is entitled to terminate unilaterally the Contract with an immediate effect and to delete the User Profile.
8.5 The Service Provider reserves the right to terminate - on 30 days’ notice, without giving reasons, and by e-mail - the Contract concluded by the acceptance of this GTC.
8.6 The Service Provider shall notify the Customer on the termination of the Contract by sending a message to the e-mail address provided during registration.
9 INTELLECTUAL PROPERTY
9.1 By accepting this GTC, the Customer acknowledges that the Services, including, but not limited to, contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the implementation of Services, contain such proprietary information and material the right holders of which are the Service Provider and/or the licensor, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The Customer accepts that they may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in this GTC. It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by this GTC. The Customer acknowledges, that they may not, in any way, modify, let, sell or distribute the Services or the Application or any part thereof, and they shall not be entitled to use the Service in any manner expressly not permitted.
9.2 The “YouAte” name, the Ate logo and any other trademarks, illustrations and logos used in relation to the Service are trademarks of the Service Provider or the Service Provider has the right to use them. The Customers shall have no rights or no right of use in respect of the above-mentioned trademarks or intellectual property.
9.3 The content of the Application and the Website, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Application and the Website interface, the software and other solutions, ideas and implementation used, as well as the content on the Website or on the Application published by the Service Provider are the intellectual property of the Service Provider protected by copyright. The copying thereof, in whole or in part, violates copyrights.
9.4 The use of the Application shall under no circumstances result in the source code being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the content or any part of the Application; to unfairly create a User Account or a Coach Account; the use of any application by which the Application or any of its part can be modified or indexed (e.g. search bot, or any other decryption).
10 EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY
10.1 The Customers may only use the Services at their own risk and accepts that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.
10.2 The Service Provider excludes any liability for the Customer’s conduct. The Customer is fully and exclusively liable for their own conduct, including the data and other documents recorded in the Application or on the Coach Portal or on the Website, in such a case, the Service Provider shall cooperate fully with the competent authorities to detect infringements.
10.3 The Service Provider shall be entitled but shall not be obliged to monitor the content that may be made available by the Customer in the course of the use of the Services, and the Service Provider shall be entitled but shall not be obliged to look for signs of illegal activity with respect to the published content. The Customer acknowledges that the Service Provider does not assume any obligations or liability for any data which are edited or uploaded by the Customer. The Customer acknowledges that the Service Provider assumes no liability whatsoever for the content of the data and photographs uploaded to the Application or to the Coach Portal, in particular, for their accuracy, authenticity and legality.
10.4 The Customer shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the Customer’s non-compliant and/or unlawful use of the Services.
10.5 In lack of the prior written consent of the Service Provider, the Customer is not entitled to use the Services for advertising or other promotional or political purposes.
10.6 If the Customer detects any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Services, they shall immediately notify the Service Provider thereon. If the Service Provider finds the notification well-founded, it shall be entitled to cancel or modify the information immediately.
10.7 The Service Provider shall operate the Services with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services available on the Website and on the Application, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Services. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider or destructive applications or programs placed by third parties. Furthermore, the Service Provider shall not assume any liability for any direct or indirect damages caused by breakdowns, pauses or any other defects, inaccessibility occur at the service providers (e.g. Google, Apple) used by the Service Provider. The Service Provider will take all reasonable steps to ensure the visits on the Website and on the Application and the use, safety and reliability of the Application, however, technical errors may still occur, and the Service Provider presumes that the Customer acknowledges the possibility of such technical errors.
10.8 The Service Provider does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that:
- the Customer may use the Services without interruption and without error. The Customer acknowledges, that the Service Provider may remove, from time to time, the operation of the Services for an indefinite period, or suspend or terminate the operation of the Service for technical, operational reasons at any time, on which, if possible, the Service Provider informs the Customer;
- the Services will be free of loss, malfunction, attack, viruses, intervention, interference, hacking or other harmful interference affecting security, which events are considered as Force Majeure events, and for which the Service Provider shall in no way be held liable. It is the Customer’s responsibility to make backups on or from their system prior to, during and after the use of the Services, including any content or data used in connection with the Application and the Coach Portal.
10.9 The Customer shall rely on the contents available in the Application, the Coach Portal and on the Website at their own risk. The content and information available in the Application, the Coach Portal and on the Website serve informational purposes only. User shall use all functions of the Application at their own risk and the Service Provider shall not be liable for any consequences resulting from the use of the Application.
10.10 THE SERVICE PROVIDER DOES NOT PROVIDE MEDICAL ADVICE ON THE WEBSITE AND THE INFORMATION PROVIDED THROUGH THE APPLICATION CANNOT BE INTERPRETED OR APPLIED AS SUCH ADVICE. THE USER HEREBY DECLARES THAT THE USER WILL NOT MAKE ANY DECISIONS REGARDING THEIR HEALTH STATUS BASED ON THE APPLICATION OR THE WEBSITE AND WILL CONSULT A LICENSED MEDICAL DOCTOR IN ALL SUCH MATTERS.
11 MISCELLANEOUS PROVISIONS
11.1 The Service Provider may communicate its legal statements relating to this Contract with effect to the Customer in a system message sent to the e-mail address provided by the Customer during registration. The system message shall be considered to be delivered to the e-mail address registered by the Customer at the time of sending it. The data stored by the Service Provider’s IT system shall be applicable to determine the sending time of the system message.
11.2 The Service Provider is entitled to place advertisements or other marketing-related content at any time on the Website or in the Application.
11.3 The Service Provider reserves the right to make changes or corrections to the Website or the Application without prior notice at any time. The Service Provider also reserves the right to place the Website under a different domain name.
11.4 The Services are created and controlled by Piqniq, Inc. in the State of California in the United States of America, as such, the laws of the State of California will govern the present GTC, without giving effect to any principles of conflicts of laws. Disputes arising between the Service Provider and the Customer from the Contract established under this GTC shall be settled by the state and federal courts within the State of California. By accepting the present GTC, the Customer hereby irrevocably waive objection to and consent to the jurisdiction of the state and federal courts within the State of California.
11.5 This GTC shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment.
Please accept the present GTC only, if you agree with the above.
If you have any further questions regarding the GTC, please contact us at firstname.lastname@example.org.
The present General Terms and Conditions are effective from July 1, 2021.
Last modified: March 24, 2021
The processing and collecting of personal data by Piqniq shall be in harmony with the directly applicable laws of the European Union. In case of personal data processing, the Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: “GDPR”) and the recommendations of the Article 29 Data Protection Working Party (hereinafter: “WP29”) and of the European Data Protection Board (hereinafter: “EDPB”) shall apply.
The Company is the data controller of any data which constitutes personal data, and which is uploaded when using Piqniq’s Application, Piqniq’s Services and subscribing for the Newsletter.
The Company bound in honor to protect personal data; therefore, the Company will keep confidential the personal data received and take all necessary steps to secure data processing.
Furthermore, Piqniq complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, onward transfer and retention of personal data transferred from EU member countries and Switzerland to the United States, respectively. Piqniq has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield principles (“Privacy Shield Principles”) of:
- Accountability of onward transfer
- Data integrity and purpose limitation
- Recourse, enforcement and liability
Piqniq’s adherence to each of these principles is detailed in this Policy. If there is any conflict between the terms of the Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. If you want to learn more about the Privacy Shield program or view Piqniq’s certification, please visit https://www.privacyshield.gov.
Piqniq is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for purposes of the EU-US Privacy Shield framework and the Swiss-US Privacy Shield Framework.
Please read and make sure you understand this Policy. If you do not agree with this Policy or Piqniq’s practices, you may not use Piqniq’s Website or Piqniq’s Application or Piqniq’s Services.
The following definitions are determined according to the GDPR:
‘personal data’: shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular 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;
‘consent’: shall mean any freely given, specific, informed and unambiguous indication of the will of the Data Subject by which the user, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them;
‘data controller’: shall mean the 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; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
‘data processing’: shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘data processor’: shall mean a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
‘third party’: shall mean a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
‘personal data breach’: shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed;
‘recipient’: shall mean a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
‘supervisory authority’: shall mean one or more independent public authorities provided by each Member State which is responsible for monitoring the application of the GDPR in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the European Union;
‘supervisory authority concerned’: shall mean a supervisory authority which is concerned by the processing of personal data because: (a) the controller or processor is established on the territory of the Member State of that supervisory authority; (b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or (c) a complaint has been lodged with that supervisory authority.
1. What information does Piqniq collect?
The information Piqniq gathers from Users on the one hand, enables the Users to register for Piqniq’s Newsletter and to set up accounts in the Application or on the Website, and, on the other hand, enables Piqniq to personalize and improve the Services.
1.1 Information you provide to Us:
1.1.1. When setting up an account in the Application:
Piqniq processes the following personal data uploaded during the registration to the Application and setting up of a user profile:
- Email address
- Profile picture (optional)
- Photos you take while you are using the Application
- Any other information you provide while you use the Application (including the chat)
Please note that the e-mail address provided does not require the inclusion of personal data, such as your name. You are free to choose an e-mail address that contains information about your identity.
Piqniq might process certain data that are considered as special categories of personal data by the GDPR, including:
- Personal health information (e.g. lifestyle, health status)
- Details of the daily activities (e.g. physical activities, food intake)
- Any other sensitive details you share with Piqniq
Uploading the aforementioned special categories of personal data in the Application is not necessary for us to provide Piqniq’s services to you. This means that you are able to share such data in your own discretion, and that you can always withdraw your consent from such data being processed.
1.1.2 When signing up for Piqniq’s Newsletter:
Piqniq collects the following personal data when you sign up to Piqniq’s Newsletter on Piqniq’s Website:
- Email address
1.1.3 When setting up a coaching account on Piqniq’s Website:
Piqniq processes the following personal data uploaded during the registration as a coach on Piqniq’s Website and setting up of a user profile:
- Email address
- Credit card details (including card number, expiry and CVS number)
- Profile photo
- Any other personal data shared in the Application (including the chat).
1.2 Information Piqniq collect automatically:
Piqniq collects, receive and store certain types of information automatically whenever you interact with the Application and by using the Services. Piqniq continually receives and records information sent by the Application and the Website. These data include especially the following type and scope:
- IP address, unique device identifier, language preferences and other system settings, operating system type and version, the type of web browser used, the domain name you access the internet from, the link you have been redirected to the Website from, geographic location of the server you access the Website or the Application from, other software and hardware information (i.e. for error reports);
- Usage information: the date and time you access the Website or the Application, activities in the Application, time spent in the Application and its regularity, visited content, search terms used, links clicked/tapped on.
1.3 What About Cookies?
2. How does Piqniq use my information?
Piqniq may use your information, including your personal information - based on diverse purposes as well as the legal basis of the processing - as follows:
2.1 Piqniq processes the following personal data for the purpose and on the legal basis of the performance of the contract, product, and Service fulfillment:
- Full name
- Email address
2.2 Piqniq processes the following personal information based on your consent (as the legal basis of this processing):
- Full name
- Profile photo
- Email address
- Any photo you upload in the application
- Any personal data (including sensitive data) you share with Piqniq in the Application
2.3 Piqniq processes the following personal information based on your consent (as the legal basis of this processing) for marketing purposes, to deliver coupons, newsletters, emails:
- Full name
- Email address
You shall always have the right to withdraw your consent given for marketing purposes at any time, without affecting the lawfulness of processing based on your consent, or on any other legal basis, before your withdrawal.
2.4 Piqniq processes personal data for the purpose and on the legal basis of compliance with legal obligations to prevent fraudulent transactions, monitor against theft and otherwise protect Piqniq’s customers and Piqniq’s business. Piqniq also processes personal data for the purpose and on the legal basis of legal compliance and to assist law enforcement and respond to subpoenas.
This means that in some cases the data processing is stipulated by the applicable laws and Piqniq has an obligation to process and keep this data for the required time. This includes employment data, billing data, data which is necessary to assist law enforcement etc.
2.5 Piqniq processes the following personal data for the purpose and on the legal basis of the legitimate interests of the Company, to improve the effectiveness of the Website, Piqniq’s Services, and marketing efforts, to conduct research and analysis, including focus groups and surveys and to perform other business activities as needed, or as described elsewhere in this Policy:
- IP address
- Browser information
- Contact information
- Content consumed on the website
- Unique device identifier
- Browser characteristics
- Domain and other system settings
- Search queries
- Device characteristics
- Operating system type
- Language preferences
- Referring urls
- Actions taken on Piqniq’s website
- Page requested
- Content consumed (e.g., viewed, uploaded, and shared)
- Dates and times of website visits
- Behavioral information about your use of the application
- Other information associated with other files stored on your device
Where it is feasible, Piqniq anonymizes personal data or use non-identifiable statistical data. Piqniq does not collect personal data in advance and store it for potential future purposes unless required or permitted by the applicable laws.
For collecting anonymously, the above-mentioned data, making statistics, and analysis, Piqniq may use the following software and programs:
|Google Analytics and Google AdWords (Google LLC.)||1600 Amphitheatre Parkway Mountain View, CA 94043||United States of America|
|Mixpanel, Inc.||405 Howard Street San Francisco, CA 94105||United States of America|
|Intercom, Inc.||55 2nd Street, 4th Floor, San Francisco, CA 94105||United States of America|
2.6 Data integrity and purpose limitation: Piqniq will only collect and retain personal data which is relevant to the purposes for which the data is collected, and Piqniq will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by you. Piqniq will take reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete and current. Piqniq may occasionally contact you to determine that your data is still accurate and current. To secure your personal information processed, Piqniq saves your personal information to backup archives in every 24 hours.
Although Piqniq strives to keep the information about you up to date, the Company may keep the outdated information in its records for the retention period of that data to resolve disputes, or for the exercise or defense of legal claims. For these purposes, Piqniq may process (store) the personal information after the User deletes their account. Ate will only keep those data that might be relevant in a dispute, and it will delete or anonymize them as soon as the enforceability of such claims lapse.
3. How Long Piqniq Retain Your Personal Data?
Piqniq will retain your personal data for so long as it is needed to fulfill the purposes outlined in this Policy or until you withdraw your consent, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements, further for the establishment, exercise or defense of legal claims). When Piqniq have no longer or no legal basis to process your personal information, Piqniq 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 Piqniq will securely store your personal information and isolate it from any further processing until deletion is possible.
4. Will Piqniq share any of the information it receives?
Information about Piqniq’s users is an integral part of Piqniq’s business, and Piqniq may share such information with Piqniq’s affiliated entities. Except as expressly described below, Piqniq neither rent nor sell your information to other people or nonaffiliated companies unless Piqniq has your permission.
Piqniq will not share any personal data with third parties for their direct marketing purposes to the extent prohibited by California Consumer Privacy Act of 2018 (CCPA). If Piqniq’s practices change, Piqniq will do so in accordance with applicable laws and will notify you in advance.
4.1 Piqniq shall not ensure access for a third party to personal data provided by you without your preliminary consent, except the cases, when data transfer is necessary for the performance of the contract or for enforcing of Piqniq’s legitimate interest or prescribed by law.
4.2 Piqniq may share certain personal information with third party vendors in the EU or in third countries, who supply software applications, web hosting and other technologies or services for the Website and Piqniq’s Services (hereinafter: “Data Processor”). The Company will only provide these third parties with access to information that is reasonably necessary to perform their work or comply with the law. Those third parties will never use such information for any other purpose except to provide services in connection with the Website and Piqniq’s Services. During the service of data process, the Data Processor shall abide under the present Policy, relevant legislations in force, furthermore the provisions of the existing contracts between him and Piqniq.
Piqniq uses the data process service of the following Data Processors:
|Name||Registered seat||Country||Activity (data processing service)|
|The Rocket Science Group LLC (MailChimp)||675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308||USA||Newsletter service|
|Google, LLC||1600 Amphitheatre Parkway Mountain View, CA 94043||USA||Server service , cloud and e-mailing services, online storage|
|Stripe, Inc.||510 Townsend Street San Francisco, CA 94103||USA||Payment Services|
|Intercom, Inc.||55 2nd Street, 4th Floor, San Francisco, CA 94105||USA||Customer support services|
|Firebase, Inc.||22 4th Street Suite 1000 San Francisco, CA 94103||USA||Application developing platform|
|Cloudflare, Inc.||101 Townsend Street Suite 200 San Francisco, CA 94107||USA||Website Optimization Services|
|Twilio, Inc.||645 Harrison Street 3rd Floor San Francisco, CA 94107||USA||Sending automated e-mails|
4.3 The Rocket Science Group, LLC, the Google, LLC, Stripe, Inc. and Intercom, Inc. is participating in the Privacy Shield Framework, which was deemed to provide appropriate safeguards to the transfer of personal data into the US. As of July 16, 2020, the European Court of Justice invalidated the adequacy decision of the European Commission on Privacy Shield Framework with its judgement, which means that these companies might not provide the appropriate level of security for your personal data anymore. For more information, you can read the judgement here.
4.4 If Piqniq transfers personal data collected from individuals located within the EU to a third-party acting as a data processor, and such third-party agent processes your personal information in a manner inconsistent with the GDPR or – having a registered seat in the United States of America – with the Privacy Shield Principles, Piqniq may be responsible under the rules of the GDPR and / or under Privacy Shield Principles.
4.5 Piqniq only transfers personal data collected from individuals located within the EU only with the consent of the individuals to a third-party having a registered seat outside the EU / in the USA acting as a data processor without the appropriate safeguards set out in the GDPR, or when it is necessary for the performance of the contract. Piqniq will make every effort to ensure that the personal data transferred is safe and secure and that the personal data is processed in a manner consistent with the GDPR.
4.6 Piqniq may release your information:
(a) in response to subpoenas, court orders or legal process, to the extent permitted and as restricted by law;
(b) when disclosure is required to maintain the security and integrity of the Website, or to protect any user’s security or the security of other persons, consistent with applicable laws;
(c) when disclosure is directed or consented to by the user who has input the personal information; or
(d) in the event that Piqniq goes through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your information will, in most instances, be part of the assets transferred.
4.7 Piqniq does not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
4.8 Except as set forth above, you will be notified when your information may be shared with third parties and will have the option of preventing the sharing of this information.
4.9 Please note that Piqniq may retain certain personal information after your account has been terminated. Piqniq reserves the right to use your information in any aggregated data collection after you have terminated your account, however Piqniq will ensure that the use of such information will not identify you personally.
4.10 Piqniq will not transfer personal data originating in the EU or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your personal data as required by the GDPR and / or Privacy Shield Principles. Piqniq acknowledges Piqniq’s liability for such data transfers to third parties.
By registration on the Website you give your express consent to the transfer of the personal data as detailed above.
5. Is information about me secure?
Piqniq take commercially reasonable measures to protect all collected information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your computer. Please understand that no security system is perfect and, as such, Piqniq cannot guarantee the security of the Website, or that your information will not be intercepted while being transmitted to us. If Piqniq learns of a security systems breach, then Piqniq may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach.
6. Children’s privacy
Piqniq’s Website is not directed to children under 16 , but with parental consent minors are allowed to use Piqniq’s Services. If Piqniq learns that Piqniq has collected personal information of a child under 16 without parental consent, Piqniq will take steps to delete such information from Piqniq’s files as soon as possible. If you are aware of anyone under 16 using the Website or the Application other than as described in the present section, please contact us at email@example.com.
7. Links to Third Party Sites and Services
8. Your privacy rights
8.1 Access and Retention:
If you have an account registered on the Website or in the Application, you can log in to view and update your account information. You have the right to obtain confirmation of whether or not Piqniq is processing personal data relating to you, have communicated to you such data so that you could verify its accuracy and the lawfulness of the processing and have the data corrected, amended or deleted where it is inaccurate or processed in violation of the Privacy Shield Principles or the GDPR.
Piqniq encourages you to contact us at firstname.lastname@example.org with your questions or concerns, or to request edits to your personal information, or to have it removed from Piqniq’s database. Requests to access, change or remove your personal data will be handled within 30 days.
8.2 Additional Rights for EU Territory:
If you are from the territory of the EU, you may have the right to exercise additional rights available to you under applicable laws, including:
(a) Right of Erasure: In certain circumstances, you may have a broader right to erasure of personal information that Piqniq holds about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that Piqniq may need to retain certain information for record keeping purposes, to complete transactions or to comply with Piqniq’s legal obligations.
(b) Right to Object to Processing: You may have the right to request Piqniq to stop processing your personal information and/or to stop sending you marketing communications.
(c) Right to Restrict Processing: You may have the right to request that Piqniq restricts processing of your personal information in certain circumstances (for example, where you believe that the personal information, Piqniq holds about you is inaccurate or unlawfully held).
(d) Right to Data Portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that Piqniq transfers the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at email@example.com. Piqniq will consider your request in accordance with applicable laws. To protect your privacy and security, Piqniq may take steps to verify your identity before complying with the request.
For any complaints that Piqniq cannot resolve directly, please contact Piqniq’s European representative: Weiszbart and Partners Law Firm (address: 1052 Budapest, Kristóf tér 3. III. flr., Hungary; e-mail: firstname.lastname@example.org).
If you do not agree with Piqniq’s decision, you have the right to an effective judicial remedy or to lodge a complaint to any of the European Data Protection Authorities.
You also have the right to complain to the EU Data Protection Authority about Piqniq’s collection and use of your personal data. For more information, please contact your local EU Data Protection Authority.
8.3 Additional rights for Brazilian individuals
If you are a Brazilian individual, you have the following rights in addition to the rights described in section 10.2 of this Policy:
(a). Right of erasure: If you would exercise this right, Piqniq will respond to you immediately, or if that is not possible, Piqniq will send a reply to you to indicate the reasons of fact or law that prevents the immediate adoption of the measure. If Piqniq is not the data processors of the data you requested the erasure of – whenever possible – Piqniq will indicate who the processing agent is. (b). Right to be informed: You have the right to obtain information about what types of processing Piqniq carries out on your personal information. (c). Right of access: If you request the providing of your personal data processed by us, Piqniq will grant you access to such data in 15 days of your request, if the data requested is more than the simplified request version. (d). Nondiscrimination: Piqniq does not process your data for unlawful or abusive discriminatory purposes. In certain circumstances, you have the right to request a review of Piqniq’s data processing and the supervisory authority (the Brazilian National Authority for Protection of Data (“ANPD”)) may carry out an audit to verify discriminatory aspects. (e). Data portability: Your data might be transferred to another service or product supplier in accordance with the regulations of the ANPD and as subjects to commercial and industrial secrets.
If you would like to exercise such rights, please contact Piqniq’s DPO at email@example.com. Piqniq will consider your request in accordance with applicable laws. To protect your privacy and security, Piqniq may take steps to verify your identity before complying with the request.
You also have the right to complain to the ANPD about Piqniq’s collection and use of your personal data. For more information, please contact the ANPD.
9. Recourse, Enforcement and Liability
9.1 Piqniq is committed to protecting your personal data as set forth in this Policy. If you think Piqniq is not in compliance with Piqniq’s Policy, or if you have any question or if you wish to take any other action concerning this Policy, contact us at firstname.lastname@example.org. You can also contact us at Piqniq’s contact office at 541 Jefferson Ave, Redwood City, California 94063 United States. Piqniq will investigate your complaint, take the appropriate action and report back to you within 30 days. In addition, if you are from the territory of the EU, you also have the right to complain to any EU Data Protection Authority about Piqniq’s collection and use of your personal data. For more information, please contact your local EU Data Protection Authority.
9.2 If your personal data in question was transferred from the EU or Switzerland to the United States and you are not satisfied with Piqniq’s response, Piqniq has further committed to refer unresolved Privacy Shield complaints to the dispute resolution procedures of the EU Data Protection Authorities. Piqniq will cooperate with the appropriate EU Data Protection Authorities during investigation and resolution of complaints concerning personal data that is transferred from the EU to the United States brought under Privacy Shield. For complaints involving personal data transferred from Switzerland, Piqniq commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) and comply with the advice given by the FDPIC. Complaints regarding processing of personal data pertaining to data subjects located in the EU and Switzerland may be reported by the individual to the relevant Data Protection Authority.
9.3 In compliance with the Privacy Shield Principles, Piqniq commits to resolve complaints about Piqniq’s collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding Piqniq’s Privacy Shield Policy should first contact us at email@example.com. Piqniq has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) and the FDPIC with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
9.4 These recourse mechanisms are available at no cost to you. Damages may be awarded in the accordance with the applicable law.
9.5 You may be able to invoke binding arbitration under certain conditions with the arbitrational mechanism of the American Arbitration Association, if you are not satisfied with the above recourse mechanism. The arbitration is available to you to determine, for residual claims, whether Piqniq has violated its obligations under the Privacy Shield Principles as to you, and whether any such violation remains fully or partially unremedied. Your decision to invoke the binding arbitration option is entirely voluntary. The arbitral decisions will be binding on all parties to the arbitration.
10. Modifications to this Policy
Piqniq will modify this Policy if Piqniq’s privacy practices change. Piqniq will notify you of such changes by posting the modified version on Piqniq’s Website and indicating the date it was last modified, and, if the changes are significant, Piqniq will provide a more prominent notice (including by email in certain instances). The date this Policy was last modified is at the top of this page. Please periodically review this Policy so that you are familiar with the current Policy and aware of any changes.
11. For California Users
If you are a User in California, the Company’s Privacy Notice for California Consumers at [link] applies to you.
If you have any questions concerning this Policy or the Services, please contact us at firstname.lastname@example.org or send us a mail to Piqniq, Inc. 541 Jefferson Ave, Redwood City, CA 94063 United States.