PRIVACY POLICY

 

Owner and Data Controller 

DATS APP LTD, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Owner
contact email: customercare@datsapp.com

 

1. Personal Data that the User shares with DATS

 

1.1. Basic Account Information 
Each User must create an account as to use DATS features, such as, but not limited to, searching and viewing other Users’ profiles and bookmarks. If the User does choose to create an account, he/she must provide the Owner with some Personal Data (as better described in Paragraph 1.3 and 2 of this Privacy Policy). Each User nickname and/or username are visible to other Users belonging to DATS’s community and having their own account registered within the Application. Please also note that each User may use either real name or a pseudonym. It is also possible to create and manage multiple accounts as long as they are related to different e-mail addresses (in this regard please note that the Owner does not use any e-mail verification process in order to verify the correctness of the information provided).

 

1.2. Information available to other DATS Users 
Users should be aware of the fact that - while using his/her own account – username and bookmarks (but not e-mail address) will be visible to other Users (please also note that such information will be available even in case the relevant Users are not “following” each other on DATS. Therefore, such information will be visible to all DATS community). In addition, please also consider that none of the information referred to Users might be public.

 

1.3. Types of Data Collected 
Among the types of Personal Data that this Application collects, by itself or through third parties, there 
are: Usage Data, first name, email address, username, password and geographic position. Complete details on each type of Personal Data collected are provided in the dedicated sections of this Privacy Policy or by specific explanation texts displayed prior to the Data collection (please refer to Section 2 of this Privacy Policy). The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.


Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any potential use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

 

1.4. How are Personal Data used?

The Owner uses Personal Data to provide Users with its service, and in particular for the following reasons:

 

  • to supply Users DATS services;

  • for statistical and management purposes (such as administering the Application or improving its products and services);

  • internal record keeping, administrative purposes, and to inform Users about the Owner events, services or products, or other related information that it thinks would be of interest to Users;

  • to communicate marketing messages, newsletters and details of DATS business or the businesses of carefully-selected third parties which the Owner thinks may be of interest to Users by post or email or similar technology (Users can inform DATS at any time if they no longer require marketing communications, by sending an e-mail as indicated in Section 6 below).

 

From time to time, the Owner may also use certain Personal Information to contact Users for market research purposes or to customize the website according to Users’ interests. Users’ information will not be disclosed to any third party unless Users have given their specific consent to such disclosure. Users may at any time request the Owner to refrain from sending marketing messages by sending an email to customercare@datsapp.com and specifying such request
The Owner may disclose aggregate statistics about DATS visitors and Users in order to describe DATS services to prospective partners a
nd other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying information (on this issue, please refer to Section 2, Paragraph 2.8. of this Privacy Policy). 

 

1.5. Direct marketing 
The Owner may use some of the Data it collects (included those collected by third parties) for marketing purposes. If Users no longer wish to receive marketing messages from DATS or its partners, they may exercise their right to opt-out from receiving such messages by following the instructions included in the message they receive from DATS or by contacting the following e-mail address: customercare@datsapp.com

 

2. Details on Personal Data Collected

 

2.1. Basic information 
By signing up, Users allow the Owner to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, the Owner will be able to access some Data, stored by these third-party services, for registration or identification purposes. The User registers by filling out the registration form and providing the Personal Data directly to this Application. Personal Data collected are the following:

  • username;

  • email address;

  • password.

 

2.2. Location Information 
DATS requires information about User’s signup and current location, which the Application gets from signals such as User’s IP address or device settings, to securely and reliably set up and maintain the User’s account and to provide services to the User itself. Furthermore, subject to User’s personal settings, the Owner may collect, use, and store additional information about User’s location - such as current precise position or places where the User has been previously located. Therefore, this Application may collect, use, and share the User’s location Data in order to provide location-based services. Most browsers and devices provide tools to opt-out from this feature by default. If explicit authorization has been provided, the User’s location Data may be tracked by this Application. The geographic location of the User is determined in a manner that isn't continuous, either at the specific request of the User or when the User doesn't point out his current location in the appropriate field and allows the application to detect the position automatically.

 

2.3. Links 
In order to operate and provide DATS’ services, the Owner keeps track of how Users interact with links across the services provided through the use of the Application. This includes links in emails DATS sends to Users.

 

2.4. Usage Data 
The Owner receives information when User views content on or otherwise interacts with DATS services. This Usage Data includes information such as User IP address, browser type, operating system, the referring web page, pages visited, location, User mobile carrier, device information (including device and application IDs) and search terms.


2.5. Cookies 

Please note that like many websites and mobile applications DATS may use cookies and similar technologies to collect additional usage Data and to operate its services. Cookies might not be required for many parts of the Owner’s services, although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a website is attempting to place a cookie on the User’s device. However, some of DATS services may not function properly if the Users disable cookies.

 

2.6. Access the address book 
This Application may request access to your address book.

 

2.7. Additional information about User's Personal Data 
In addition to the information contained in this Privacy Policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.


2.8. Non-Personal Data

This Application may share or disclose non-Personal Data, such as aggregated information like the total number of times people engaged with the Application, the number of people who clicked on a particular link or bookmarked a specific location (even if only one did).

 

3. Mode and Place of Processing the Data

3.1. Methods of processing 
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
or The Data processing is carried out using computers and/IT
 
tools, following organizational procedures and modes strictly related to the enabled purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

 

3.2. Place 
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

 

3.3. Retention Time 
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspends or removes the Data. For more details please refer to Section 6 of this Privacy Policy.

 

3.4. The use of the Collected Data 

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: access to third-party services' accounts, analytics, contacting the User, registration and authentication, managing contacts and sending messages, platform services and hosting, backend infrastructure and location-based interactions. The Personal Data used for each purpose is outlined in the specific sections of this document (please refer to Section 4 below).

 

3.5. Security and Integrity of Data 
The Owner maintains appropriate administrative, technical and physical safeguards designed to help maintain the security, confidentiality, and integrity of Personal Information and to protect it against accidental or unlawful destruction, accidental loss, unauthorized alteration, disclosure or access, misuse, and any other unlawful form of processing of the Data in its possession.

 

3.6. Data transfer 
The Owner may transfer Personal Information to countries outside the European Economic Area (EEA) and, when it does, it will ensure that either the European Commission has issued a decision recognizing the adequate level of protection of Personal Information in the country receiving the Data, or in the absence of such decision, DATS will implement appropriate safeguards to protect the Data that is being transferred.

 

4. Detailed Information on the Purposes of Processing 
User’s Personal Data Please note that Personal Data is collected for the following purposes and using the following services:

 

4.1. Access to Third Party

This type of service allows this Application to access Data from User’s account on a third-party service and perform actions with it. These services are not activated automatically, but require explicit authorization and consent by the User. Such services are:

 

  • This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook, Inc. Please note that the Owner does not control, maintain or endorse 
    Access to the Facebook account (This Application) 
    third-party services and Users acknowledge and agree that their use of them is at their own risk. Place of processing: US – Privacy Policy

 

4.2. Analytics 
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior. Such services refer to the following:

 

  • Google Analytics (Google Inc.) 
    Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal Data collected through Google Analytics: Usage Data.
    Place of processing: US – Privacy Policy

 

  • Facebook Analytics for developers 
    Facebook Analytics is a web analysis service provided by Facebook for developers. Facebook Analytic utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities
    Personal Data collected through Facebook Analytics: Usage Data.
    Place of processing: US - Privacy Policy

 

  • Facebook pixel  
    Facebook Pixel is a tool for collecting statistical data that allows you 
    to measure the effectiveness of advertising by understanding the actions that people perform on a website or application.
    Personal Data collected through Facebook Pixels: Usage Data.
    Place of processing: US - Privacy Policy

 

  • Fabric Answers
    Fabric Answer is a web analysis service provided by Google Inc. (“Google”). Fabric Answer utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities
    Personal Data collected through Fabric Answer: Usage Data.
    Place of processing: US - Privacy Policy

 

4.3. Contacting the User 
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header. Personal Data collected are the following:

 

  • email address

 

4.4. Managing contacts and sending messages 
This type of service makes it possible to manage a 
Data base of email contacts. These services may also collect Data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message. This service refers to:

 

  • MailChimp (The Rocket Science Group, LLC.) 
    MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC. Personal Data collected thought MailChimp: email address.
    Place of processing: US – Privacy Policy

 

4.5. Platform services and hosting 
These services have the purpose of hosting and running key components of DATS’s website. Such platforms provide a wide range of tools to the Owner – e.g. analytics, User registration, commenting, Database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data is stored. More in detail, this service refers to:

 

  • Squarespace (Squarespace, Inc)
    Squarespace is a platform provided by Squarespace, Inc. that allows the Owner to build, run and host its website. Squarespace is highly customizable and can host websites from simple blogs to complex e-commerce platforms. Please note that the Owner use this service only with reference to its website. Therefore none Squarespace services are directly or indirectly addressed to the Application.
    Personal Data collected through Squarespace: various types of Data as specified in the Privacy Policy of the service.
    Place of processing: USA – Privacy Policy

 

4.6. Registration and Authentication 
By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these
third party services, for registration or identification purposes.

 

  • Direct registration (This Application) 
    The User registers by filling out the registration form and providing the Personal Data directly to this Application. Personal Data collected: username, email address, and password.

 

5. Additional information about Data collection and processing

 

5.1. Consent 
The Owner shares or discloses User’s Personal Data with only upon his/her consent or at his/her direction, such as when a user authorizes a third-party web client or application to access the relevant account. Subject to the User’s settings, the Owner also provides certain third parties with Personal Data (such as the Data Supervisor) to help the Owner offer or operate its services.

 

5.2. Legal action 
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services. Notwithstanding anything to the contrary in this Privacy Policy or controls the Owner may otherwise offer to you, it may preserve, use, or disclose User’s Personal Data if believed that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of the Owner’s platform, including to help prevent spam, abuse, or malicious actors onDATS services, or to explain why the Owner has removed content or accounts from the Owner’s services; to address fraud, security, or technical issues; or to protect the Owner’s rights or property or the rights or property of those who use DATS services. However, please note that nothing in this Privacy Policy is intended to limit any legal defenses or objections that Users may have to a third party, including a government’s request to disclose User’s Personal Data.

 

5.3. User legal rights 
Subject to applicable law, Users may have a number of rights regarding the processing of Personal Data, including, inter alia:

  • The right to request access to, or copies of, Personal Data that the Owner processes or controls, together with information regarding the nature, processing and disclosure of that Personal Data (referring to the Data Subject);

  • the right to request rectification of any inaccuracies in User’s Personal Data that the Owner processes or controls;

  • the right to request, on legitimate grounds: (i) deletion of Personal Data that the Owner processes or controls; or (ii) restriction of processing of Personal Data that the Owner processes or controls;

  • the right to object, on legitimate grounds, to the processing of Personal Data by the Owner or on his behalf;

  • the right to have the Personal Data that the Owner processes or controls transferred to another Data Controller, to the extent applicable;

  • where the Owner processes Personal Data on the basis of User’s consent, the right to withdraw that consent; and

  • the right to file a complaint with a Data Protection Authority regarding the processing of Personal Data by the Owner or on his behalf.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about the Owner’s processing of Personal Data, please use the contact details provided in Paragraph 6.3. of this Privacy Policy. Please also note that this Application does not support “Do Not Track” requests.

 

5.4 Affiliates and Change of Ownership 
In the event that the Owner is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, Users’ Personal Data may be sold or transferred as part of that transaction. This Privacy Policy will apply to Users’ Personal Data as transferred to the new entity.

 

5.5. Information not contained in this Policy 
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

 

5.6 Changes to This Privacy Policy 
The Owner may revise this Privacy Policy from time to time. The most current version of the Policy will govern the Owner’s processing of Users’ Personal Data and will always be available at http://www.datsapp.com/privacy/. If the Owner makes a change to this Policy that is material, the Data Controller will notify by sending a notice e-mail to the email address associated with the User’s account. By continuing to access or use the Services after those changes become effective, Users agree to be bound by the revised Privacy Policy.

 

5.7 Information about this privacy Policy 
The Data Controller is responsible for thisprivacy Policy.

 

6. Managing Personal Data with DATS

 

6.1. Accessing or rectifying Personal Data 
If the User has registered an account on the Application, the Owner provides the User with tools and account settings to access and correct username and password the User has provided to the Owner and associated with the relevant account. In case the User intends to cancel his/her e-mail address as to eliminate the relevant account on DATS, the User is requested to send an e-mail to the Owner contact e-mail (customercare@datsapp.com) by specifying his/her request. The Owner will address such request and will notify the User

  • by sending a confirmation e-mail

  • once the account has been deleted and is not available anymore.

 

6.2. Deletion

DATS keeps Usage Data for a [maximum of 2 months]. Upon the User’s decision, his/her account – by following the relevant instruction - will be deactivated and then deleted. When deactivated, the User’s DATS account, including nickname, username, bookmarks, will no longer be viewable on the Application. For up to [60 days] after deactivation, it is still possible to restore the previous account if it was accidentally or wrongfully deactivated. Keep in mind that search engines and other third parties may still retain copies of the User’s public information.

 

6.3. Additional Information or Assistance 
Thoughts or questions about this Privacy Policy? Please contact the Owner by sending an email to the following address: customercare@datsapp.com

 

6.4. Children and DATS Services 
The Application’s services are not directed to children. The User may not use DATS services if he/she is under the age of 13. The User must also be old enough to consent to the processing of Personal Data in the relevant country.

 

ANNEX I - Definitions and legal references

 

  • “Personal Data (or Data)” means any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

 

  • “Usage Data" refers to the Information collected automatically from this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

 

  • “User” means the individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.

 

  • “Data Subject” refers to the legal or natural person to whom the Personal Data refers.

 

  • “Data Processor (or Data Supervisor)” refers to the natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy Policy.

 

  • “Data Controller (or Owner)” means the natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

 

  • “This Application “or “Application” or “DATS” refers to the means by which the Personal Data of the User is collected.

 

  • “Cookies” refers to mall piece of Data stored in the User's device.S

 

Effective: May 25th, 2018
Last update: June 7th, 2018

TERMS & CONDITIONS

 

 These Terms and Conditions of use (hereinafter the “Terms and Conditions” or the “Terms”) govern the use of the mobile application “DATS” (hereinafter “DATS”) provided and owned by the company DATS APP LTD, Company number 10246447, with registered office at 71-75 Shelton Street, Covent Garden WC2H 9JQ, London, United Kingdom (hereinafter “DATS APP”), which allows users who have downloaded DATS on their mobile device and have created a profile (hereinafter the “Users”) to carry out the following activities: discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.


You may use the services provided by DATS APP only if you agree to this Terms and Conditions and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old.


If you violate these Terms and Conditions for any reason, DATS APP may remove your profile and take any other necessary action to protect its rights and interests.


1. Privacy 

Our Privacy Policy  (hereinafter “Privacy Policy”) describes how we handle the information you provide to us when you use DATS APP. You understand that through your use of the services provided, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

 

2. Access to and Use of DATS

 

2.1. In order to use DATS, after downloading the application on your mobile device, you must register by creating your profile. After you have created your profile, you will be able to carry out the following activities: discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.

 

2.2. In order to create your DATS profile, you must fill out the registration form. The personal information requested in the registration form is the following: nickname/username, email address and password. Through your profile settings, you can also provide optional information regarding your sex, bio and city. You may also register your profile by using the Facebook “Facebook Connect” function, provided that you give your consent to access your Facebook profile and to your contacts thereto.

 

2.3. By downloading DATS, registering your profile, and using DATS, you represent and warrant that:
➢ you are older than 13 years old;
➢ you have read DATS Privacy Policy;
➢ you have read DATS Terms and Conditions carefully;
➢ you have agreed to be bound by DATS Terms and Conditions;
➢ you possess the necessary faculties to respect these Terms and Conditions;
➢ you agree to be solely and exclusively responsible for your use of DATS and any activity on your DATS profile;
➢ you commit to observe DATS Terms and Conditions as well as any regulation that applies to your relationship to DATS APP and/or other DATS Users.

 

2.4. You are solely responsible for the security of your profile; therefore, you will be solely responsible for the activities conducted by and on your profile. You must immediately inform DATS APP of any unauthorized use of your profile by sending a notification to the email address customercare@datsapp.com. The download and use of DATS is free, but you must sustain all costs associated with your Internet connection (including those for the instruments that provide an Internet connection).

 

3. How DATS Works

 

3.1. Once you have downloaded the application, accessed DATS, completed your registration, and created your profile, you may use DATS functionalities.

 

3.2. Please note that DATS will locate your mobile device, provided that you have given your consent to such geolocation, in order to show your distance to the places and activities of your interest.

 

3.3. In particular, you may discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.

 

4. Your account

 

4.1. You must create an account to use our services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

4.2. You can control most communications from the services provided by DATS. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and your account, and you may not be able to opt-out from receiving them.

 

4.3. You are responsible for your use of the services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.

 

4.4. Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorse any opinions expressed via the services. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and, we cannot take responsibility for such content.

 

5. Your Content

 

5.1. You retain your rights to any content you submit, post or display on or through the services. By submitting, posting or displaying content on or through the services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods. This license authorizes us to make your content available to other Users registered with DATS. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through the services. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant DATS APP the relevant license.

 

6. Contents Responsibility

 

6.1. You are solely responsible for your use of DATS and for any contents published therein. By using DATS, you acknowledge that the texts of the comments published and accessible to other DATS Users are the sole and exclusive responsibility of the Users with whom such content originates. By using DATS, you undertake not to publish or share any contents, statements or representations that is or may turn out in any way to be inappropriate, offensive, discriminatory, obscene, vulgar, and/or sexually explicit, or that is otherwise likely to violate or harm the rights of other Users and/or of third parties.

 

6.2. By using DATS, you acknowledge and accept that, despite what DATS APP prescribes, you may encounter content that is offensive, indecent, or otherwise subject to censure. As a provider of interactive services, DATS APP takes no responsibility and assumes no liability for any contents, statements or representations posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DATS APP liable for any mistakes, defamation, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

 

6.3. Although DATS APP has no obligation to screen, edit or monitor any of the contents posted to or distributed through DATS, DATS APP reserves itself the right to remove, upon notification by other Users to customercare@datsapp.com, any content that violates DATS’s Terms and Conditions or that violates any applicable law.

 

7. DATS APP’s Industrial and Intellectual Property Rights

 

7.1. DATS and all its content (including but not limited to any copyright and related rights, business names, trademarks and any associated goodwill, rights in relation to domain names databases and other intellectual property rights, whether registered or unregistered, existing now, in the future or anywhere in the world, with the sole exclusion of the contents that are generated, published and/or distributed by the Users and that belong to them, hereinafter “Users Generated Content”) are the property of DATS APP and are protected by the applicable laws governing copyright and industrial and intellectual property.

 

7.2. DATS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the services. This license has the sole purpose of enabling you to use and enjoy the benefit of the services as provided by DATS, in the manner permitted by these Terms and Conditions.

 

7.3. The services provided by DATS APP are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms and Conditions gives you a right to use the DATS name or any of the DATS trademarks, logos, domain names, and other distinctive brand features. All rights, titles, and interests in and to the services (excluding content provided by Users) are and will remain the exclusive property of DATS APP and its licensors. Any feedback, comments, or suggestions you may provide regarding DATS APP, or the services provided by the latter is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

7.4. With regards to the contents that are DATS APP’s property, you shall only consume them on DATS. Without prejudice to the specific provisions in these Terms and Conditions, you may not: (i) use, reproduce, copy, modify, adapt, publish, transmit, distribute, execute, download, enter into a database, create derivative works, decode, transfer, distribute, or sell DATS, any of its parts, or any of its content that is the property of DATS APP; (ii) use “robots”, “spiders,” and other programs, algorithms, or methods to access, acquire, or copy any part of DATS; (iii) use DATS for commercial purposes or, more generally, for purposes other than its own stated purpose.

 

8. Limitations to the Use of DATS

 

8.1. You may not use DATS, nor publish and/or share any content:

  • for illegal or unauthorized purposes;

  • in breach of the rights of other Users and/or of third parties;

  • to process the personal information of other Users in the absence of their explicit consent;

  • to upload, publish, send via email, or in any other way transmit or distribute advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized and unrequested solicitation;

  • to transmit “worms” and other viruses and/or any destructive code that otherwise interferes with DATS functioning;

  • for commercial purposes or for purposes other than those allowed by these Terms and Conditions;

  • in breach of these Terms and Conditions or any applicable regulation of law.

​​

9. Your Personal Information 
 

DATS APP undertakes to process your personal information pursuant to the applicable law. You may find all the relevant information regarding DATS APP’s processing of your personal information in the Privacy Policy, which is available at www.datsapp.com/tc Anyone who wants to create his or her own DATS profile shall first consult and carefully read the Privacy Policy.

 

10. Limitation of Responsibility

 

10.1. DATS is provided “as is” and “as available.” DATS APP does not accept any liability regarding the use and availability of DATS, and it does not guarantee that DATS and its functionalities will be provided uninterruptedly, punctually, securely, and/or free of errors, nor that any errors will be corrected. Likewise, there is absolutely no guarantee of DATS’s marketability or suitability for particular purposes or qualities.

 

10.2. Any content is accessible from or through DATS at your sole, exclusive risk, and you are solely responsible for any damage to your computer or for the loss of data obtained by downloading such materials or by using DATS.

 

10.3. DATS APP does not control and cannot control the users generated content, and, therefore, it is not responsible and does not guarantee that DATS will meet your needs. The contents accessible from or through DATS is not meant to constitute DATS APP’s recommendation or advice, nor DATS APP will be responsible for the use that you make of users generated contents.

 

10.4. By using DATS, you declare and agree: (i) to indemnify and hold harmless DATS APP, as well as any entities connected to it or controlled by it, its representatives, employees, and any commercial and other types of partners, against any obligation to compensation, including legal expenses, that may derive from content transmitted or sent via DATS by other DATS Users, and more generally from any use thereof, against any violation of regulations governing such use and/or any violation of the rights of third parties that you may commit as a result of using DATS; (ii) that DATS APP, as well as any entities connected to it or controlled by it, its representatives, employees, and any commercial and other types of partners, will not be responsible for any direct and/or indirect damage, including, merely as an example, damage for loss of data resulting from the use or inability to use DATS.

 

11. Deleting your Profile

 

11.1. You may delete your profile at any time by contacting DATS APP at customercare@datsapp.com. DATS APP reserves itself the right to deactivate profiles that remain inactive for a continuous, uninterrupted period of time exceeding 1 year (one) year, as well as all profiles that violate any of these Terms and Conditions or any regulation of law applicable to the relationship with DATS APP.

 

11.2. Should you decide to delete your personal information and/or your DATS profile, or if DATS APP decides to remove your profile in accordance with the foregoing provisions, DATS APP will delete any of your personal information in its possession.

 

12. Amendments to the Terms and Conditions

 

12.1. DATS may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be on DATS website and on DATS APP, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the services provided by DATS APP after those revisions become effective, you agree to be bound by the revised Terms.

 

12.2. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. DATS’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any amendments and/or new conditions shall come into force starting from the date of their publication. Users are therefore invited to read the most recent version of the Terms and Conditions.

 

12.3. The continued use of DATS constitutes acceptance of any amendments to DATS’s Terms and Conditions; if you do not want to accept these amendments, you must immediately stop using DATS and delete your profile registered within DATS.

 

12.4. DATS is constantly evolving. If in the future DATS were to provide additional services and prescribe specific terms of use for them, and if you decide to use such services, you will have to accept, and you will be subject to their relative terms of use as well.

 

13. Ending these Terms and Conditions

 

13.1. You may end your legal agreement with DATS at any time by deactivating your accounts and discontinuing your use of DATS APP. Please refer to the Privacy Policy for more information on what happens to your information.

 

13.2. We may suspend or terminate your account or cease providing you with all or part of the services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and Conditions; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. If you believe your account was terminated in error you can contact us by sending an e-mail at the following address: customercare@datsapp.com.

 

14. Miscellaneous

 

14.1. These Terms and Conditions, together with the statement on the processing of personal information, constitute the sole agreement between you and DATS APP regarding the purpose contemplated therein, and they prevail over any other agreement, written or oral, that may have been previously made between you.

 

14.2. Should any part of these Terms and Conditions be declared invalid, unenforceable or not effective by a competent court or regulator, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.

 

14.3. DATS APP’s failure or delay in exercising a right granted it by the law or attributed to it by these Terms and Conditions does not in any way constitute a waiver of that right.

 

14.4. By accepting these Terms and Conditions, you consent to DATS APP’s transfer of its own obligations to companies belonging to its same group or to affiliated, subsidiary, or parent companies, without your having to be notified of this transfer beforehand. You may not transfer your obligations arising from these Terms and Conditions to third parties without DATS APP’s prior written consent.

 

14.5. These Terms and Conditions are governed by English law. To the maximum extent legally permitted, any dispute that may arise over these Terms and Conditions will be subject to the exclusive jurisdiction of the Courts of England and Wales.

 

Last update: June 7th, 2018

 

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