Last modified on Sep 10, 2019
                

Terms of service

1. About Us

We are the Dutch company DFFRNT LAB B.V. a limited liability company established and existing under the laws of the Netherlands with our registered office at Fred Roeskestraat 115, 1076 EE in Amsterdam, The Netherlands, company registration number 66678285 and VAT number NL856657992B01.

2. About the hear, hear! Services

hearh, hear! offers a digital media platform (“Platform”) through its website (currently located at www.hearhear.app) and other digital products. We allow you to access, upload and share content including photos, comments, links and other materials (“Content”) on the Platform (the “Service”). You can only use the Service if you have a registered account (“Account”). Subject to your compliance with these Terms, hear, hear! grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Service for the purpose mentioned in these Terms. We make reasonable efforts to provide the Service with due care, however the use of the Service is your own risk and responsibility. The minimum age to use or access the Service is 16 years.

3. About these terms

These Terms of Service (“Terms”) govern your use of the Service. Please read these Terms carefully so that you are aware of your rights and responsibilities, and contact us if you have any questions at support@hearhear.app By using the Service, you agree to these Terms and enter into an agreement with hear, hear!. If you do not agree to these Terms, you cannot use the Service.

4. Changes to these Terms

hear, hear! reserves the right to make changes to the Terms from time to time. We will inform you of any changes to the Terms (“Updated Terms”) by posting the Updated Terms on our website and on other digital products before the date on which they come into effect. Your continued use of the Service after a change is communicated means that you irrevocably accept the Updated Terms. If you do not agree with the Updated Terms you can terminate your account. In that event it will not be possible to continue using the Service

5. Your Account

To use the Service you must create an Account by following the registration process on the Platform. When you create an Account you must provide us with accurate and complete information. You are not permitted to create or use an Account for another person or entity, unless they have expressly authorized you to do so. For security reasons, we strongly discourage you to provide access to your Account to someone else in any way. In each and every event, you are solely responsible and liable (to hear, hear! and to others) for all activity that occurs using your Account. Your hear, hear! Account may be suspended, canceled or deleted if we have a reason to believe that you violated any of these restrictions.

6. Your Password

When you register for an Account using your email, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password and all use of your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password, and take all necessary steps to prevent unauthorized access (such as changing relevant passwords).

7. About your Content

hear, hear! allows you to share Content on the Platform. You are solely responsible for the Content you share and the consequences of sharing it. hear, hear! does not endorse or recommend any Content made available through the Service by its users. hear, hear! expressly disclaims any and all liability in connection with such Content. You are not permitted to make Content available which, at the discretion of hear, hear!:
  1. is discriminatory, hurtful, offensive or inappropriate.
  2. is false or misleading.
  3. incites violence against or harassment of others.
  4. contains violence or pornographic material.
  5. is illegal or promoting illegal activities.
  6. infringes the copyrights, database rights, trade names rights, trade mark rights, or other intellectual property right (“IP Rights”) of a third party.
  7. infringes third party privacy or publicity rights.
  8. contains viruses, trojan horses, worms, bots, or other software which can cause any interference, loss or damage to the Platform or any data, or which makes it unusable or inaccessible or deletes it.
  9. is directed at individuals younger than 16 years of age.
You represent and warrant that your use of the Service, and all your Content, complies with this section 7. You also represent and warrant that you have all necessary licenses, rights, consents, and permissions so that hear, hear! can use your Content for the provision of the Service, and can otherwise use your Content in the manner contemplated by the Service and these terms.

8. The license you grant

You retain all rights in the Content you share on hear, hear!. What is yours stays yours. When you post Content on the Platform, you automatically grant:
  1. to hear, hear! a royalty-free, worldwide, irrevocable, sub-licensable and transferable right to use this Content for, and related to, the provision of the Service.
  2. to each user of the Service, a royalty-free, worldwide, irrevocable, sub-licensable and transferable right to access your Content through the Service, and to (re-)use, store, display, modify and prepare derivative works of such Content to the extent permitted by the functionality of the Service and under these Terms.

9. About using the Service

You are not permitted to do the following when using our Service:
  1. use any other tools than those which are approved by hear, hear! to search the Platform, or to use data mining, robots, crawlers or any other means to collect data form the Platform.
  2. collect or harvest any personal data, or deal with personal data in a way that is contrary to applicable law.
  3. send any commercial or charitable communication as well as any other unsolicited communication to other users (including soliciting, for commercial purposes, any user of the Service with respect to their Content).
  4. use the Service for any reason other than your personal, non-commercial use, as intended and permitted through the normal functionality of the Service.
  5. copy, reproduce, sell, license or otherwise commercially exploit any Content of other users, without prior written consent and clear attribution of hear, hear! and/or the respective licensors of the Content
  6. reproduce or decompile the Platform or apply reverse engineering to it (other than expressly allowed by mandatory law).
  7. remove or circumvent any security measures or technical limitations of the Service and the Platform. or
  8. engage third parties to perform any of the above mentioned acts.
If you want to use our Service for business purposes, or for sending commercial or charitable communication, please send an e-mail to contact@hearhear.app

10. About other Content

Apart from your own Content, all other Content on the Platform and the Platform itself is owned by or licenced by hear, hear! and may be subject to IP (Intellectual Property) Rights of hear, hear! or hear, hear!’s licensors. Nothing in this Terms of Service is intended to transfer IP Rights to you. In using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You are responsible for the use of any such information, and you should make your own inquiries to check if the information is accurate and complete. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against hear, hear! with respect to any such Content. The Service may contain links to third-party websites, advertisers, services or other events or activities that are not owned or controlled by HearHear. HearHear is not responsible for the contents (including the accuracy, completeness or suitability) of any linked site or any link contained in a linked site. HearHear does not endorse any information on linked sites or any associated organization, product or service. If you think that certain Content is in violation of these Terms or applicable law, you should refer to our notice and takedown policy

11. Exclusion of warranties

Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. The Service is provided "as is" and hear, hear! makes no warranty or representation to you with respect to it. In particular, hear, hear! does not represent or warrant that your use of the Service will meet your requirements; be uninterrupted or otherwise free from error; that any information obtained through your use of the Service will be accurate or reliable; or that any defects in the functionality of the Service will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

12. Privacy

In providing the Service, hear, hear! processes personal data. The manner in which personal data are being processed is set out in hear, hear!’s Privacy Policy

13. Term and termination

hear, hear! is constantly improving the Service in order to optimize the experience for its users. We may at all times, without prior notification and without becoming liable towards you for any damages, make functional or technical changes or improvements to the Service or (temporarily or permanently) stop providing the Service. hear, hear! reserves the right, without prior notice, to remove, refuse, alter and/or abridge any Content in its absolute discretion or to suspend or terminate your Account in case of a breach these Terms. You can terminate your Account via your Account settings. If you terminate your Account, you will no longer have access to the Service. If you terminate your Account, or if you remove Content from the Platform, we may retain your Content and/or Account for a reasonable period of time for backup, archival, or audit purposes. Furthermore, hear, hear! and its users may retain and continue to (re-)use, store, display, modify and create derivative works of any of your Content in accordance with the license you provided in section 8.

14. Liability

To the extent permitted by applicable law, hear, hear! excludes any and all liability, to you or to any third party, whether in contract, tort or otherwise, for any loss (including direct and indirect loss and damage) howsoever caused (including through our negligence) suffered or incurred by you arising from, or in connection with the Service. In the event that hear, hear! cannot lawfully exclude its liability under applicable law, hear, hear! expressly excludes any and all liability for indirect damages such as loss of profits, loss of reputation, loss and damage of data and loss of goodwill. In the event that hear, hear! shall be liable for any direct or indirect damage, such liability will not exceed the amount of 500 euro per event. You are liable for and indemnify hear, hear! completely against any damages and costs which hear, hear! may suffer or incur as a result of a breach of the Terms by you, any use you make of the Service or any unlawful act by you. You will have to reimburse all costs and damages that in any way relate to such a claim. Nothing in this article shall operate to exclude, or limit the liability of either party for death or personal injury resulting from that party’s negligence; for fraud or fraudulent misrepresentation; or for any loss or damage which may not be validly excluded or limited by applicable law.

15. Miscellaneous

hear, hear! may assign or subcontract rights and obligations arising from these Terms to third parties and will notify you of this. You are not permitted to assign or purport to assign to third parties any right derived from the Account without hear, hear!’s prior written consent, which hear, hear! may refuse or grant at its sole discretion. If hear, hear! waives, in whole or in part, any rights available under these Terms on any occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms shall continue in full force. These Terms constitute the entire agreement between you and hear, hear!, and govern your use of the Service and completely replace any prior agreements between you and hear, hear! in relation to the Service. You acknowledge and agree that each member of the group of companies of which hear, hear! is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms. These Terms and the use of the Service shall be governed by Dutch law. To the extent that national or international law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements subject to these Terms, or arise therefrom, will solely be submitted to the Amsterdam district court.

Privacy

1. Introduction

We wrote this policy to help you understand what information we collect, how we use it and what choices you have about it when you use the hear, hear! platform through our website (currently located at www.hearhear.app) or our other digital products (both: “hear, hear!”). We are the Dutch company DFFRNT LAB B.V. with our registered office at Fred Roeskestraat 115, 1076 EE in Amsterdam, Netherlands, and company registration number 66678285. We call ourselves “hear, hear!” and are the controller responsible for the processing of personal data through the hear, hear! platform. We may amend this Privacy Policy from time to time. If we make significant changes, we will notify you by email or through a notification on hear, hear!. You can always view the latest version of this Privacy Policy by visiting this webpage. If you have a question or request in relation to the processing of your personal data, you may contact us at: support@hearhear.app

2. Types of data and ways we collect data

There are two methods in which we obtain data: Data is obtained when you give it to us or give us permission to obtain it (Personal Data, see 2.1 below) Data which we collect when you use hear, hear! (Technical Data, see 2.2 below). Most of the personal data we process, we receive directly from you. Either because you choose to provide the personal data to us in the course of your use of hear, hear! as described above. We may also receive your personal data from a business partner or from publicly available information.

2.1 PERSONAL DATA

A. To be able to register as a user, you must provide us with the following personal data: When signing in using your email address and password: your first and last name and your email address When signing in using a social provider such as Facebook or Google+: permission for storing a limited-time session identifier. permission to store your first and last name, your e-mail address, obtained through the social provider and permission to store your social provider image reference (we do not store or copy the image itself just a link to it). B. In the course of using HearHear, you may choose to provide us with the following personal data: phone number or other contact details photos gender date of birth location and/or user feedback

2.2 TECHNICAL DATA

A. By using hear, hear!, you automatically provide us with the following personal data: Personal data that we need to enable you to use the basic essential features of the Platform, such as which decks you follow, which cards you’ve created, which cards you’ve starred Personal data about your browsing/usage habits of the platform: which decks you’ve visited, how often you use the site and Personal data about the device you use to visit HearHear, such as your IP address, operating system, browser and device information As for (1): This information is coupled directly to your personal account. Please note that you should only post content on HearHear if you are comfortable with this information becoming public. You may want to be especially cautious when posting sensitive personal data, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning your health or sex life. Also, we must ask you to only post personal data about other people if you have the explicit consent from this person. As for (2) and (3): This information is stored in an aggregated way only (e.g. how much time you spend on the platform in total) for the purpose of future functionality we may develop and such aggregate information will never be revealed publicly by HearHear.

3. Cookies

Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookies hold information that may be accessed by the party that placed the cookie, in this case hear, hear! (first party cookie) or a third party (third party cookie).

3.1 WHAT COOKIES WE USE

On HearHear, we use cookies or similar technologies for the following purposes: First-party cookies: We will create a session cookie after you log in to HearHear to store your logged in session. We will store user information (such as your full name and profile image) as well as platform content (such as cards and images) locally in your browser (“local storage”) for performance reasons (“caching”). This information will remain on your computer until you clear the local cache in your browser settings. We will create a cookie to determine your selected cookie preferences. These cookies will remain on your computer until you clear the local cache in your browser settings. We will store website statistical information about how you use HearHear, such as which pages were visited. This information is stored for a limited time locally in your browser ("local storage") so that it can be relayed back to us in batches for performance reasons. This information will remain on your computer until each batch has been sent (in periodic intervals of less than one hour) while you use the platform. The abovementioned cookies are necessary for the functioning of the HearHear platform or for analytics with no or limited impact on your privacy, so you cannot opt out of these cookies (“Essential and functional cookies” and “Analytics cookies”). Third-party cookies: You have the option to use certain features on HearHear that require cookies to be placed, such as: Social login (logging in via e.g. Facebook, Google+) Embedded video playing (viewing videos within HearHear that come from third party services e.g. Youtube, Vimeo) The use of such features will trigger third-party cookies to be placed on your device and will allow third parties such as Google and Facebook to determine (entirely or in part) your browsing behavior on HearHear or elsewhere. Stripe Before you can use any of these features, you must consent to the fact that such cookies will be placed (“Social media cookies”).

3.2 YOUR CHOICES

You do have control over cookies, and can refuse the use of cookies by selecting the appropriate settings on your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that by not accepting or deleting the use of cookies, you may not be able to use those features of hear, hear! which require cookies, such as viewing embedded videos.

4. Purposes and legal basis of processing the data

4.1 WHY WE PROCESS YOUR DATA IN THE FIRST PLACE

Your personal data will primarily be processed as this is necessary for the performance of the contract concluded between you and us for your access to hear, hear! and your use of the service we provide through hear, hear!.

4.2 USE OF DATA

We use your personal data for the following purposes: To provide access to hear, hear! To enable you to post content to hear, hear! and access content posted by other users (Please refer to Community Guidelines and Terms of Service to know how we define content) To analyse the use of hear, hear! for purposes of improving our services To ensure safety, integrity and security of hear, hear!, by verifying login credentials and detecting and preventing spam or other harmful or unlawful conduct and To communicate with you about hear, hear! and our policies and terms, including responding to messages from you. We will not be processing your personal data for any other purposes than the ones mentioned above. If, in due course, we plan to process your personal data for purposes other than the ones mentioned above, we will communicate these purposes to you prior to or at the time of collecting your personal data.

4.3 CONSENT AND OTHER GROUNDS FOR THE USE OF YOUR DATA

Your personal data might be processed based on your consent. In that case, we will always ensure to have received your free, specific, informed and unambiguous consent. You have the right to withdraw your consent at any time by sending an email to support@hearhear.app. Your personal data might be processed based on the legitimate interests pursued by us, for example for administrative purposes, or for the purpose of research and development. This legal basis applies, for example, when we process your personal data to communicate with you, to improve the quality of our products and/or services, to provide you with marketing information (incl. direct marketing), and to manage our business operations and IT infrastructure. Your personal data might be processed because it is necessary for compliance with a legal obligation which we are subject to. In exceptional circumstances, your personal data might be processed because it is necessary in order to protect somebody’s vital interests (e.g. in case of accidents or incidents).

5. Disclosure to third parties

We will only disclose your personal data in compliance with the applicable data protection legislation and only to parties providing sufficient guarantees to ensure the protection of your data and the realisation of your rights as data subject. In providing our services, we use third parties in order to achieve the abovementioned purposes (see above purposes and legal basis of processing, section 4). These parties are our data processors. We enter into processing agreements with all data processors and only share personal data with them on a ‘need to know’ basis and subject to confidentiality and sufficient security. Data processors we use are: IT service providers data storage service provider other third party outsourced technical services, that assist us in carrying out our business activities analytic consultants (only aggregated data) business partners (only aggregated data) insurance companies (only aggregated data) and research and development organisations (only aggregated data). If we purchase or sell a company or company assets, we may disclose your personal data to a potential buyer or seller of such company or company assets. If we or a substantial part of our company’s assets is acquired by a third party, your personal data may be disclosed to that third party buyer. If we are legally obligated to do so, we may also disclose your personal data to government, public authorities, statutory or regulatory bodies and enforcement bodies.

6. Transfer of your personal data outside of the EEA

We always strive to process your personal data within the European Economic Area (EEA), but, in order to achieve one of the above mentioned purposes, your personal data may have to be transferred to countries outside of the EEA. We will only transfer your data to a third-party located outside of the EEA after a careful check and/or the signing of a specific agreement, in order to ensure that this third-party: provides appropriate safeguards regarding the level of protection of your personal data properly informs the data subject hereof ensures the enforceability of your rights as a data subject and provides effective legal remedies to you. You can request a copy of the relevant document on which the transfer is base by sending an email to support@hearhear.app.

7. STORAGE AND SECURITY OF YOUR PERSONAL DATA

7.1 STORAGE OF YOUR DATA

In general, we will not store your personal data for longer than necessary for the performance of our contract and/or for achieving one of the other above-mentioned purposes (see 4. above: purposes and legal basis for processing). Please notice that we may be legally obliged to store your personal data for a longer period of time to comply with statutory requirements. More specifically, we use the following maximum storage periods: Information mentioned under 2.1A: We delete this from our “live system” immediately after account deletion and we delete it from backups after 180 days. Information mentioned under 2.1B: We delete this from our “live system” immediately after account deletion and we delete it from backups after 180 days. Information mentioned under 2.2 (1): We delete this from our “live system” immediately after account deletion and we delete it from backups after 180 days. Information mentioned under 2.2 (2): We delete this from our aggregate logging system after 7 days. Information mentioned under 2.2 (3): We delete this from our aggregate analytics system after 180 days. We will perform regular checks to identify personal data which no longer serve any purpose in order to delete them or otherwise anonymize them.

7.2 SECURITY OF YOUR DATA

We highly value the security of your data. We take all the necessary administrative, technical and organisational measures to ensure the security and confidentiality of your personal data and to protect your personal data against unauthorised or accidental access, loss, misuse, disclosure, alteration or destruction.

8. Your rights as data subject

8.1 YOUR RIGHTS

As a data subject, you have the following rights. The right to access You may at any time request access to the personal data we process concerning you. Upon request, we will provide a copy of your personal data. For any further copies, we may charge a reasonable fee based on administrative costs. If you request a copy of your data by electronic means, and unless otherwise requested, we will provide you all relevant information in a commonly used electronic form. The right to rectification You have the right to obtain from us the rectification or completion of any inaccurate or incomplete personal data concerning you. The right to erasure You may request us to delete (part of) your personal data in the following situations: the personal data are no longer necessary for achieving the purposes for which they were collected or otherwise processed when the processing was based on your consent and you have withdrawn that consent and there is no other legal basis for processing when you objected to the processing of your data (see ‘right to objection’ below), and it appeared upon verification that your rights, freedoms or personal interests prevail over our legitimate interests when your personal data have been unlawfully processed when your personal data have to be erased in compliance with a legal obligation to which we are subject or the personal data have been collected in relation to the offer of information society service directly to a person that is below the age of 16 years. The right to object You may object at any time to the processing of (part of) your personal data when used for profiling or direct marketing purposes. You may also object to the processing of your personal data, when such processing is based on our legitimate interests. In that latter case, we will no longer process your personal data, unless we have compelling legitimate grounds to continue processing, or because such a processing is necessary in the establishment, exercise or defence of a legal claim. The right to restriction of processing You may request from us to restrict the processing of your personal data in the following situations: when contesting the accuracy of your data when the processing is unlawful when we no longer need your personal data for the purposes of the processing or pending verification whether our legitimate grounds override yours in the framework of the exercise of your right to objection. The right to data portability You may request us to receive all your personal data which you have provided to us in a structured, commonly used and machine-readable format, in order to transmit those data to another entity. Where technically feasible, you may also request from us to transfer your personal data directly to this other entity.

8.2 HOW YOU EXERCISE THESE RIGHTS

To exercise one of these rights, you can send us an email to support@hearhear.app. and we will try to respond within 4 weeks. Please attach a copy of your identity card or passport, so we can check that the request comes from you.

9. Questions and Complaints

If you have any questions or complaints in relation to our processing of your personal data, we encourage you to contact us at support@hearhearapp.app. You may also lodge a complaint with the data protection supervisory authority in the Member State of your habitual residence, place of work or of an alleged infringement of the GDPR. The data protection supervisory authority in The Netherlands, where DFFRNT LAB B.V. is established, is the Autoriteit Persoonsgegevens (www.autoriteitpersoonsgegevens.nl)

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Notice and takedown

Complaints Procedure (Notice & Takedown Policy)

1. hear, hear! provides a platform for exchanging content about the world we live in. hear, hear! allows its users to freely publish and share content. hear, hear! does not moderate or monitor content uploaded and shared by its users, and does not mediate disputes. 2. If you believe that certain content on hear, hear! infringes your rights, is unlawful, or in conflict with our Terms of Service, you can notify us by completing and submitting the notification form on our website. Please note that in order to assess your complaint, we need a precise indication of the content in question, a detailed description of your complaint, and your contact details. 3. We take notifications very seriously. Please note that the notification form must be fully completed otherwise we cannot process your complaint. 4. Please note that our assessment may involve notifying a content creator of your complaint on your behalf without disclosing your identity. 5. If we decide to take action in response to your complaint, we will take appropriate measures to prevent new people from seeing that content in question. Please note that the content may have been accessed and/or downloaded on devices and/or used further by people. We cannot ensure the removal of such content from any services, systems or devices under the control and operated by a third party, nor can we prevent such third party from using this content any longer. 6. If you are a content creator and believe that hear, hear! blocked or removed your content or account in error, you may send an objection to support@hearhear.app Once your objection is received, we will asses the issue and consider further steps. Whether HearHear will restore the content and/or account is at our discretion Standard notification form - hear,hear!

1. WELCOME

If you see something on hear, hear! and believe it violates your rights, applicable law or our Terms of Service, please let us know using this form. We take notifications very seriously and kindly ask for your patience while assessing them. Please note that resending notifications does not speed things up.

2. CONTACT INFORMATION

Name: E-mail address: Phone number: Address:

3. DISPUTED CONTENT

In order to process your notification, we need a description of where the material that you complain about is precisely located on the hear, hear!. The only way to let us know in an accurate manner which content you are complaining about is to provide the link (a.k.a URL or hyperlink) to the relevant page on our website. If there is more than one page you wish to dispute, you must add additional links. If the allegedly unlawful content is a picture or video, please provide a detailed description of the picture/video in question so that we may locate it on the link in question. Link(s) of the content that your complaint is about

4. ISSUE

Please explain the nature of your complaint below, as well as the territories in which you are asserting your rights. We kindly request you to provide us with a detailed explanation. For example, if you complain about infringement of an intellectual property right, please identify the exact intellectual property right(s) that you believe have been infringed as well as the reason(s) why this is so. Where possible, please attach relevant supporting documentation when sending this notification form to us. Explanation: Territories in which you are asserting your right(s): Attachment(s):

5. SIGNATURE

By submitting this notification, you warrant that: You have a good faith belief that use of the material in the manner complained of is indeed in violation of your rights or applicable law and all the information provided therein is accurate, and that you are authorized to complain about the disputed content (e.g. in case of a copyright claim, you are the rights) holder or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed). By submitting this notification, you recognize that your personal data will be used by hear, hear! in the context of its notice and takedown process. This may include forwarding your notification, including your contact details, to the relevant content provider. DATE & SIGNATURE: