times twelve — Terms of service and Privacy policy

Updated: Feb 5, 2022

Your privacy is very important to us at Pupishi OÜ. This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. Please take a moment to get to know our practices and contact us if you have any questions.

Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a specific individual. You may be asked to provide your personal information anytime you are in contact with us (like when you fill out our contact form or sign up for a newsletter). You are not required to provide the information we requested, but if you choose not to do so, in many cases this means we will not be able to provide you with our products or services or respond to your inquiries.

What personal information we collect

Here are examples of the types of personal information that we collect: When you visit our website, connect to our services, contact us, use our software or subscribe to our newsletter, we collect a variety of information, including your email address, device information, IP address, and a record of your communication. When using our software, we collect additional information such as crash reports, information about the operating system, application version, user language, and whether or not you're logged in to the Service. When using Service to update your data, we collect the content you provided, as well as additional information such as access logs and device identifiers.

How we use your personal information

We collect and process all your personal data in accordance with the relevant data protection regulations, in particular the General Data Protection Regulation (GDPR). This means that we may process your personal information for the purposes described in this Privacy Policy with your consent, if it is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, if it is necessary for compliance with a legal obligation to which Company is subject, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Company or by a third party to whom it may be necessary to disclose information. The personal information we collect allows us to keep you up to date on our latest product announcements, software updates, and services. You may at any time opt out of receiving such communications by contacting us. In particular, we only send you our newsletter with your prior consent, and you can opt out of receiving the newsletter anytime by clicking the unsubscribe link we include in each newsletter, or by contacting us. We also use the personal information we collect to help us create, develop, deliver, protect, and improve our products, services, content, and customer communications. We may use your personal information to send important notices, such as communications about changes to our terms, conditions, and policies. As this information is important to your interaction with Company, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications. Controller within the meaning of the data protection laws is Pupishi OÜ, located at Sepapaja 6, Tallinn 15551, Estonia, E-Mail: hi@pupishi.com, Managing Director: Oleksandr Potryvaiev.

Collection and Use of Non-Personal Information

Non-personal information is data that cannot, on its own, be used to uniquely identify a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. We may combine personal and non-personal information for certain purposes; this data will then be treated as personal information for as long as it remains combined. Conversely, aggregated information, i.e. data that might have originated from personal information, but that has been processed in such a way as to not allow personal identification, is treated as non-personal information.

Cookies and Other Technologies

Our website, services, apps, email communications and advertisements may use “cookies” and other technologies such as “pixel tags” and “click-through URLs”. We use the information we collect in this manner to better understand our users’ interaction with our website and to optimize the user experience. You can disable cookies in your browser settings, but please note that certain features on our website may not be available as a result. In our email communications, we may use other technologies like “pixel tags” and “click-through URLs” in order to determine if an email has been opened and which links have been clicked. We use this information to help us determine interest in particular topics and improve the effectiveness of our communications, and to reduce or eliminate messages sent to customers. Pixel tags are small images shown inside an HTML email; you can disable tracking by disabling HTML in your email client. A link with a click-through URL, when clicked, first sends the user to a web server which records the click, and then to the link’s destination. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. As you access our services, we gather some information automatically on our servers and store it in log files. This information includes your browser type, version, and language, your operating system, the referring and exit websites, IP address, a date/time stamp of the request, and the requested resource (file name and URL). We use this information in anonymized form for statistical analysis, to administer our site, and to improve our product and services, without directly associating this data with individual users.

Disclosure to Third Parties

We don’t share personal information with anyone outside of Company, except for the few exceptions below. We work together with other companies who provide information processing services. We only share personal information with these companies if you have agreed to the transfer, or if it is permitted by data protection law. The information we share is limited to the data necessary for the third parties to provide their services. We use these companies for the following services: hosting of our website and support portal, providing our help desk software, sending out newsletters, analyzing our website traffic, hosting our cloud services, manage our app beta testing, and processing our app crash reports. These companies are obligated to protect your information in accordance with data protection law and provide the necessary safeguards if they are outside of the EU. The companies are bound by our instructions, and are not allowed to use the shared data for any other purpose. We also share personal information if disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud or security issues; and to protect against harm to the rights, property or safety of Company, its users or the public as required or permitted by law. If Company is involved in a reorganization, merger, or sale, the information we collect may be transferred as part of that transaction.

Protection of Personal Information

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. Inside Company, we restrict access to personal information to only those employees who need to know that information in order to deploy and maintain our services. These individuals are bound by confidentiality agreements and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Whenever you connect to our Service, we use encryption for all information that is being transmitted. However, no method of transmitting or storing data is 100% secure, so we cannot guarantee the security of information you transmit to us. Some parts of our website, such as our blog or forums, may allow you to post personal information, such as your name or email address. This information is publicly accessible and can be read, collected, and processed by anyone. So please take care when using these features.

Access to Personal Information

You are entitled to request information about the personal data stored by us, to have incorrect data corrected, or to request the freezing or deletion of your data. You are also entitled to the portability of your personal data. Further, you may object to the use of your data at any time with effect for the future. There are, however, cases where we are not allowed to delete your data in its entirety as a result of legal retention periods. We may also decline requests if they risk the privacy of others, would be extremely impractical, or for which access is not required by law. Your personal information is retained for as long as it is necessary in order to fulfill the purposes outlined in this Privacy Policy, to enforce applicable Terms of Service, or to comply with our legal obligations.

Children

We do not knowingly collect personal information from children under 16, or equivalent minimum age in the relevant jurisdiction, unless their parent provided verifiable consent. If we learn that we have collected personal information from a child under 16, or equivalent minimum age in the relevant jurisdiction, without consent of their parent, we will take steps to delete this information as soon as possible. Parents or guardians can contact us.

Third-Party Sites and Services

Company’s website or any of our services may contain links to third-party websites or services. We are not responsible for the information collected by those third parties and we encourage you to read their privacy policy before submitting any personal information to them.

Privacy Questions

If you have any questions regarding our Privacy Policy or data processing, or if you would like to make a complaint about a possible breach of local privacy laws, please contact us. We would also like to draw your attention to the possibility to file a complaint to the relevant regulator in your jurisdiction. Our Privacy Policy may change from time to time. When we change the policy, we will post the changes on this page. If the policy changes in a significant way, we may also provide a notice on our website.

Updated: Feb 5, 2022

Acceptance of Terms of Service

These Terms of Service ("Terms") govern your access and use of website (located under pupishi.com domain) and mobile apps (both the "Service"), which are owned and operated by Pupishi OÜ (the "Company"), located at Sepapaja 6, Tallinn 15551, Estonia. By accessing or using the Service you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the Service. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO the Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF the Service. Company may revise these Terms at any time by updating this posting. Use of the Service after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

Acceptance of Terms of Service

Age

By accessing or using the Service you represent and warrant that you are of the age of majority or older in the jurisdiction in which you reside. YOU MUST NOT ACCESS OR USE the Service IF YOU ARE NOT OF THE AGE OF MAJORITY OR OLDER IN THE JURISDICTION THAT YOUR RESIDE.

Age

Using our Service

All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.” You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity. You retain full ownership for the Content you upload or otherwise submit to the Service. Company does not claim ownership or any intellectual property rights to any of it. We do, however, need certain limited rights in order to operate the Service: you grant Company (and those we work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. We may remove any Content from our Service at our discretion. In order to provide the Service and make your Content available, Company may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Company to take any such actions. You are solely responsible for securing and backing up your Content. Company shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service. If you become aware of misuse of the Service by any person, please contact Company at hi@pupishi.com.

Using our Service

Privacy

Company takes your privacy very seriously. We share your personal information only in a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy.

Privacy

Communication Charges

Access to the Sites and Site Content requires Internet connectivity. You are solely responsible for all communication fees and charges that you incur in relation to your access of the Sites, including without limitation, fees and charges respecting cellular, data, WiFi, Internet, and network access or usage.

Communication Charges

Third Party Services

Services operated by third parties ("Third Party Services") may be made available to you on, through, or in connection with the Service. Third Party Services may include messaging services, mobile services, features, content, applications, software, data feeds, or other services offered to you by third parties from time to time. Third Party Services may be made available to you through website links, embedded applications, embedded content, applications installed on your computing or mobile device, cookies, and other technological mechanisms. Third Party Services may access your Company user account information, profile information, activity information, content and other information related to your use of the Service or Services, and share your information with third party websites and services, as authorized by you. Similarly, Third Party Services may disclose to or through the Service user account information, profile information, activity information, content and other information related to your use of the Third Party Services.

Third Party Services

Company does not endorse any Third Party Services and is not responsible or liable for your use of Third Party Services or any losses or damages arising from your dealing with any Third Party Services. Your use of Third Party Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Third Party Services. Company does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any Third Party Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, availability, security or timeliness of any Third Party Services, or the ability of any Third Party Services to meet your requirements or provide specific results; (b) the performance, merchantability, quality, fitness for a particular purpose, quiet enjoyment, non-infringement, or title of any information, material, content, software, goods or services on or made available through any Third Party Services; (c) the operation of any Third Party Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such Third Party Services.

Feedback

Company is happy to receive your suggestions, comments and feedback (collectively "Feedback") respecting the Service, Site Content, Services and Company's business. However, by providing any Feedback to Company, you agree, and represent and warrant, that Company is free to use such Feedback for any purpose it desires, whether for the benefit of Company or any other person, without any compensation or obligation to you or any other person.

Feedback

Modifying and Terminating our Service

We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service. You can stop using the Service at any time, although we would be sorry to see you go. Company may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service. If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Company may permanently delete the Content that is associated with your Account.

Modifying and Terminating our Service

Exclusion of Warranties

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. COMPANY MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Exclusion of Warranties

Limitation of Liability

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT COMPANY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Limitation of Liability

Indemnity

You agree to hold harmless and indemnify Company, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

Indemnity

About these Terms

Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice, e.g., using a dialog in mobile apps, or by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Company will treat your use of the Service as acceptance of the updated Terms. Certain components of the Service provided by Company may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). These Terms control the relationship between you and Company, they don’t create any third party beneficiary rights. Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated. This is the entire agreement between you and Company with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible. This agreement will be governed by and construed in accordance with the substantive laws in force in Estonia if the Service is used by a Customer having its seat in a member state of the European Union. The respective courts of Estonia competent for Company’s seat shall have jurisdiction over all disputes relating to this agreement; however Company may file legal actions as well at the seat of the Customer.

About these Terms