LICENCE TERMS AND CONDITIONS
Effective May 4th, 2018
These Terms and conditions are applicable worldwide except where specific territorial terms and conditions are published by us.
These terms and conditions (“Terms”) set out important information regarding your rights, obligations and restrictions as a “User” (“you”, “your”) when you access, use or download the XPIK “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application and / or access our “Website” at https://www.XPIK.io The Services may include content and media exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services. The Services, where not specifically provided otherwise, are supplied by INVERSIONES H y ASOCIADOS CORPORATION (“Company”, “we,” us,” and “our” as appropriate), a joint stock company incorporated according to the laws of the Republic of Panama, having its registered domicile at: Avenida Manuel Espinosa Batista, Edificio Torre IBC, Fifth floor, Oficina 507, Panama City, Panama. You can also contact us by phone: +58 212 993 7563 and e-mail email@example.com.
These Terms may be accessed directly from your Device via the settings section on the Application or on our Website at https://www.XPIK.io/#terms. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English version.
INTRODUCTION AND ACCEPTANCE
By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of XPIK. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.
Please note the following:
When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
You agree to use the Services fairly and exclusively for non-commercial purposes. XPIK reserves the right to limit your identification attempts in any month, or cease to provide our Service to you without further notice.
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content; (ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; (iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; (viii) use network-monitoring software to determine architecture of or extract usage data from our Services; (ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below)); (x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
We may change, suspend or discontinue any aspect of XPIK at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.
Continued use of the Application and/ or Services may require a download of updates and/or new releases of software with different functionality and that may have different license terms.
Usage of images provided to you by us, either through our Website or our Applications, is limited to your personal, non-commercial use in accordance with the following restrictions. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any images supplied to you. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the images from any unauthorized usage.
We respect the intellectual property of others, and we expect our Users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent ( “Designated Agent”).with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to our “Designated Agent”.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement Our Designated Agent is:
Inversiones H y Asociados Corporation
Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
phone: +58 212 993 7563
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed; (b) you have noticed any defamatory content published via XPIK; or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.
In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Membership.
USER GENERATED CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services and for use or display to others (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you share, post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content”). You are responsible for all User Content, as set forth below.
You retain ownership of User Content. By sharing User Content via XPIK (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive license to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via XPIK (and any other Third Party Applications and/or Sites). We require such a license in order to provide certain functionality within XPIK (and any Third Party Applications and/or Sites).
By sharing User Content within XPIK (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
Information or User Content provided by other Users, including users sharing content or commentary via XPIK, may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right, but not the obligation, to refuse to post, remove or edit any posting or submission of User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and license, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of the Services. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on our Applications or Website.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Services. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to XPIK of such violators.
Prohibited User Content includes content that: (i) is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as pictures, drawings and works of art in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone’s right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
Pursuant to a promotion or in certain other instances, you may give us permission to share or use your User Content on our Website or on a third party platform. In such instances, you acknowledge and agree that we may use your User Content to promote our Services and that Your User Content may appear in proximity to third party advertisements and/or content.
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You agree that XPIK is not responsible for, and does not endorse, User Content posted within the Applications or on the Website. We do not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for such User Content.
SERVICE CONTENT & THIRD PARTY LINKS
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
AVAILABILITY OF SERVICES
We will do our best efforts to offer you smooth services, but we cannot give a full guarantee that XPIK will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at support@XPIK.io or by using our in-app support options when available, and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services for the purpose of maintenance to carry out repairs, or to introduce new functionality or services. We will endeavor to keep disruptions to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
LEGAL PROTECTION AND LIMITATIONS
You acknowledge that XPIK’s services, website and applications (and any other Third Party applications and/or sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use XPIK or any Third Party Application and/or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of XPIK or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of XPIK or such Third Party Application and/or Site to any person.
You agree to not use XPIK to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt XPIK or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of XPIK; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of XPIK and/or any Third Party Applications and/or Sites.
You agree to not use XPIK or export any portion of it in violation of any countries export regulations.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. list of prohibited or restricted parties.
DISCLAIMER OF WARRANTIES
Your use of XPIK is at your sole risk. You expressly agree that use of our services is at your sole risk. Our services and service content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (1) warranties that our services will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our services or service content; (3) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised or accessed through our services; (5) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our services; (6) warranties that your use of our services will be secure or uninterrupted; and (7) warranties that errors in our services or service content (including software) will be corrected; (8) delivery of any portion of XPIK will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you from us or through or from the application, website or services shall create any warranty not expressly stated in these terms.
Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use XPIK (and any other applications) which we license to you, any content delivered to you or XPIK, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
You hereby indemnify and hold harmless, and upon our request, defend, (1) us, our affiliates and their respective directors, officers and employees; and (2) providers of Third Party Applications and/or Sites, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us, our affiliates, and providers of Third Party Applications and/or Sites, as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at your expense, to participate in the defense thereof under your reasonable direction.
Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the XPIK Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
“XPIK” is a registered trademark of Inversiones H y Asociados Corporation. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Inversiones H y Asociados Corporation or their respective owners.
UNSOLICITED IDEAS AND FEEDBACK
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
These Terms and the relationship between you and us shall be governed by the laws of Panamá without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting legal@XPIK.io. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within Thirty (30) business days of submission, you or XPIK may bring a formal proceeding.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by a recognized neutral arbitration institution.
Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
EXCEPTION TO ARBITRATION
Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and XPIK, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS
To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
NO TRIAL BY JURY
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
CHOICE OF LAW; JURISDICTION AND VENUE
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF XPIK AS OFFERED BY SPECIFIC PARTNERS
In the event that you have acquired the Application via Google LLC (“Google”) through its application stores, the Google Play or Play Store (“Stores”),
In the event that you have acquired the Application via Microsoft Corporation’s application stores, the Windows Store and/or Window Phone Store (“Stores”),
Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire XPIK via the Stores you will be able to install the Application on up to the following number of devices that are associated with your Microsoft account:
In the event that you are using a Device or Third Party Application provided by Apple, Inc. (“Apple”),
AMENDMENT; ADDITIONAL TERMS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@XPIK.com or via the Help pages at https://www.XPIK.io. Alternatively, you can contact us by post at Customer Service at:
Inversiones H y Asociados Corporation
Postal address: Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
Telephone: +58 212 993 7563.
Effective & Last Modified May 4th, 2018
We are INVERSIONES H y ASOCIADOS CORPORATION, a company incorporated according to the laws of the Republic of Panama, having its registered domicile at: Avenida Manuel Espinosa Batista, Edificio Torre IBC, Fifth floor, Oficina 507, Panama City, Panama. This application, related websites and services are developed and maintained by INVERSIONES H y ASOCIADOS CORPORATION, or subsidiaries and affiliates (hereinafter collectively “XPIK”, “Company”, “we” or “us”), acting as a data controller for the purpose of applicable data protection law. When you visit our mobile apps, website, official social media sites, or other online properties, including any owned, controlled, or operated by a XPIK subsidiary or affiliate, (collectively “services,”), we (and some of our business and advertising partners) may ask for information about you and also create data about your use of our sites or apps.
CATEGORIES OF INFORMATION WE COLLECT AND HOW WE USE IT
When you create an account, we need to collect certain information that can be used to identify you (PII), such as your full name, birth date, gender, telephone number, email address, country, language, and device name. We use PII email, name, country and language of the user for customized marketing purposes. The device name may be used for identifying and managing active devices within an XPIK User Account. We do not collect PII if you don’t create an account. If you choose to create an XPIK account via a third-party service such as Facebook, no passwords of the third-party service get transferred to our system. When the authentication is complete, we’ll be able to access certain information based on your permissions from the third-party service. If you purchase XPIK Premium, neither Google nor Apple expose any personal information of the subscription like name, email or payment information.
INFORMATION COLLECTED USING COOKIES
INFORMATION RELATED TO USE OF XPIK
Our servers automatically record information about how a person uses XPIK, including log information, IP addresses, app versions, operating systems, device models, device languages and device country settings, time spent within the app, location, short input text and voice and other statistics. We only keep the IP addresses for a limited time and the IP addresses are not connected to the searches made at any time. Searches are completely anonymous. We use and analyze (and may engage third parties to analyze) this information to customize and improve XPIK. We also use IP addresses to generate aggregate, non-identifying information about how XPIK is used or develop features to protect us against attacks.
USER CREATED CONTENT
We collect content you create on our services, such as custom stickers, and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
You may at any time exercise the following rights regarding your PII we have stored: Right of access and information, right to rectification, right to erasure, right to restriction of processing and right to data portability. To get access which PII we have processed about you or to delete your PII and cancel your account, please send an email to support@XPIK.io. We’ll take steps to inform you or delete your information as soon as is practicable. Any consent you gave us for processing your PII is subject to your withdrawal, which may be exercised anytime and without cause. If you have any concerns about our processing of your PII you may complain contacting us by email to support@XPIK.io.
XPIK does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@XPIK.io.
SHARING OF YOUR INFORMATION
We will not rent or sell your private contact information, such as username, user ID, device ID, email address, etc. to third parties outside XPIK (or the group of companies of which XPIK is a part) without your consent, except as noted in this Policy.
PARTIES WITH WHOM WE MAY SHARE YOUR INFORMATION
We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may license the image data to outside companies or organizations for their internal use only. No user IDs or any other personally identifying metadata will ever be attached along with the images.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
WHAT HAPPENS IN THE EVENT OF A CHANGE OF CONTROL
INSTANCES WHERE WE MAY BE REQUIRED TO SHARE YOUR INFORMATION
XPIK will disclose your information where required to do so by law or by judicial process or if we reasonably believe that such action is necessary to:
STORAGE, PROCESSING, AND INTERNATIONAL TRANSFER OF YOUR INFORMATION
Your search history is stored for an unlimited period of time. Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Likewise, your information collected through the Service may be stored and processed in the United States, European Union or any other country in which XPIK, a company in the same group of companies as XPIK or Service Providers maintain facilities.
XPIK may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Please do your part to help us. You are responsible for maintaining the control access to emails between you and XPIK, at all times. Your privacy settings may also be affected by changes the social media services you connect to XPIK make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
To achieve high availability and low latency, we replicate the data (including your PII) across data-centers and providers in United States and Europe. These services are certified under the Privacy Shield Rules.
OTHER WEB SITES AND SERVICES
Inversiones H y Asociados Corporation
Postal address: Calle Londres con Trinidad, Edificio Maracapana, piso 3, oficina 6, Las Mercedes, Caracas 1060, Venezuela.
Telephone: +58 212 993 7563.