Please read the following Terms and conditions carefully before registering to digiPunchCard app.
By registering the digiPunchCard app, you indicate your acknowledgment and acceptance of these Terms.
Any use of the digiPunchCard app and/or of it’s services (hereinafter “digiPunchCard”) made by digiPunchCard.com are subject to the following Terms of use (hereinafter: “These Terms” or “This Agreement”).
By using digiPunchCard or by checking the box next to “I agree to the Terms of Use”, you agree to be bound by all of the Terms and limitations of the Agreement.
Only the Terms of this Agreement set forth the entire understanding and agreement between digiPunchCard.com and the Users (end users and/or sellers).
By using this digiPunchCard and/or the services offered by digiPunchCard.com you confirm to be over the age of 18 and agree to be bound by all of the Terms of this Agreement.
This Agreement may be amended by digiPunchCard.com, including changes in the Terms and/or limitations which are specified in this Agreement, at any time and at any frequency without specific notice.
The Seller should review these Terms each time prior to using digiPunchCard.
The lack of enforcement of these Terms on behalf of digiPunchCard.com does not constitute consent or waiver of rights by digiPunchCard.com’s, regarding its rights which are specified in this Agreement.
digiPunchCard.com provides a buyer loyalty platform for end-user’s merchants and service providers (hereinafter: “Seller” or “Sellers”),
which allows the end user (hereinafter: “User”) to register to the Seller’s digiPunchCard with his cellphone number or email address (hereinafter: “Punch”).
The Punches are accumulated on the User’s digiPunchCard account.
The Punches and the digiPunchCard service is managed on an appropriate Android/iOS hardware or a web browser with digiPunchCard application installed and a cloud based server side keeping user’s data.
If the User is committing Punches on more than one Seller, the Punches and User’s data are managed for each Seller separately.
When the User’s accumulated Punches reaches a number (that can be configured by the Seller), the User receives a voucher by email or sms for receiving a reward from the Seller.
When the reward voucher is entered to digiPunchCard by the Seller or the User, the User’s Punch balance is updated with the reward Punch equivalent amount subtracted.
The Seller is exclusively responsible for keeping the tablet containing the digiPunchCard app in a safe place allowing only Users that are entitled to make a Punch
and/or enter a reward voucher (according to the Seller’s decision and or policy regarding digiPunchCard).
The Seller is exclusively responsible for providing the User’s reward (according to the Seller’s decisions and policy regarding digiPunchCard).
digiPunchCard provides the Seller a back office dashboard inside the application (hereinafter: “Back Office”).
The Back Office provides the Seller access to all of the digiPunchCard parameters and actions eg. User’s data, changing Punch balance for Users, making email and sms campaigns.
The Back Office is available to Seller’s representatives that have a three digit password (hereinafter: “Short Password”).
The Seller is responsible for providing only certified workers with the the Short Password.
Logging in to digiPunchCard is done with the email address and password (hereinafter: “Long Password”) used on the registration.
The Seller is responsible for providing only certified workers with the the Long Password.
On the “forgot password” and “forgot pin” process on digiPunchCard, the Seller can gain access and update the Short and Long Password through the email account provided on the registration.
The Seller is responsible for keeping access to email account accordingly.
digiPunchCard.com is not responsible for the User’s reward entitlement, alterations of a Punch balance of the a User by the Seller.
digiPunchCard.com only provide a platform to assist the Seller to manage the loyalty data.
When entering user data into your digiPunchCard account through the back office and/or through the main punch screen, it is your responsibility to inform/get the signature of the user on the user terms – https://api.digipunchcard.com/user_terms and privacy policy – https://api.digipunchcard.com/user_terms#privacy all depending on the local law and legislation in your country.
digiPunchCard.com reserves the right to change or modify these Terms and digiPunchCard features at any time and at any frequency without specific notice, in its sole discretion.
digiPunchCard.com also provides the User an app called `My digiPunchCard`. Through this app the User can see his “punch” balance, reward vouchers, activities and messages sent by the Seller through digiPunchCard.
Some of digiPunchCard’s features and limitations are derived from the Seller’s program selected on digiPunchCard (hereinafter: “digiPunchCard Program”).
digiPunchCard.com may change the digiPunchCard Program’s features, limitations and prices from time to time in its sole discretion.
The Seller is charged monthly for using digiPunchCard according to the digiPunchCard Program.
Charge for programs is done through google play subscription processing service.
The seller can change the programs through the seller’s back office. The subscription to a program starts when the seller initiates the subscription
and approves it on google play.
When a seller changes programs he will still be charged for the old program until the end of the subscription period
(non refundable overlapping charge may occur).
digiPunchCard provide a service for sending sms and email campaigns to the Seller’s users (hereinafter: “Users Campaign”).
The Seller is required to buy message credit before sending a Users Campaign. The credit for each message will be calculated by digiPunchCard
according to to the message length/and or other parameters as decided by digiPunchCard.com.
Charge for message credit is done through google play inapp product purchase processing service. Unused message credit is not refundable.
The Seller is required to use proper language, proper content and forethought on message content and timing before sending a Users Campaign.
The Seller is solely responsible for Users Campaigns sent by him, among other things, in the context of country laws where the Seller operates and/or in context of country laws where his client resides. For example, the compliance to anti-spam laws and regulations.
You may not mislead a User on a User Campaign providing wrong information in a message.
digiPunchCard is sending User Campaign’s messages through sms and email gateways. Sometimes messages are delayed or blocked by email and sms providers.
digiPunchCard will not be responsible in these cases. Charges on these cases will be regular.
Messages sent through digiPunchCard will be available on the the customer’s app – `My digiPunchCard`.
Beginning March 15th 2021, when you submit a marketing campaign, your customers will be notified that a message is waiting for them in the customer app with a link to download the app. Your customer will receive a push notification displayed directly on their screen if they have enabled push notifications on the customer’s app.
By law, you are not obligated in any way to provide the requested details on the application form and providing them depends solely upon your personal decision.
Nonetheless, if you did not provide the requested details you cannot use digiPunchCard.
Seller may only hold one digiPunchCard account.
The Seller will set the account’s password and back office code by himself without the involvement of a third person including a digiPunchCard support and/or affiliate (for security reasons).
You are not allowed to sell and/or assign and/or transfer and/or provide and/or make any commercial use of the rights which were given to you in this Agreement.
digiPunchCard provides means to manually manage the user’s balance on the sellers digiPunchCard.
Balance management includes balance adding, subtracting, reporting reward being received by the user. The balance management can be accessed from digiPunchCard backoffice using the Short Password.
The Seller is solely responsible for all aspects regarding the user’s balance.
Subject to this Agreement, a reward is given by you to the user when he reaches a punch goal and when he makes a certain action as specified on digiPunchCard.
The Seller is solely responsible for all aspects regarding the user’s reward (entitlement, financing, logistics, purveyance etc..).
The punch balance, transactions and none-used reward vouchers will be available for the customer on the `My digiPunchCard` app.
digiPunchCard may enable a user to register to the seller’s digiPunchCard using Facebook connect mechanism.
Registration through Facebook connect is available after the user use the option “Register with Facebook” on the registration screen available through a link sent by email or sms after the first punch.
The Seller confirms and agrees that the Facebook connect mechanism can be changed by Facebook, in its sole discretion, and digiPunchCard.com will not be responsible in event of malfunctions in the mechanism.
In case of a malfunction you must report it to [email protected] .
The seller confirms and agrees that digiPunchCard.com is not a representative of Facebook and digiPunchCard.com’s activities are not run, funded by, and/or with collaboration with Facebook, and every login using Facebook connect is according to Facebook’s Terms of use detailed on http://www.facebook.com
.
You are solely responsible for fully collecting, reporting or remitting any taxes arising from the reward given to your users.
Users that registers to your digiPunchCard through Facebook may alow digiPunchCard to make an auto post on there wall each time they make a punch on digiPunchCard. This post may include data regarding your business. Facebook users may click on the link on the post and register to your digiPunchCard and recive free punchs (depending on the configuration on digiPunchCard Backoffice).
You are solely responsible for the content you provide as part of the Message, being accurate and complete, and ensure that the final Messages,
which are posted on Facebook will respect the terms of use and privacy policy on Facebook.
digiPunchCard.com does not examine or review your content and therefore is not responsible for it.
The Seller confirms and agrees that the user and / or Facebook may remove the digiPunchCard post in addition the user and / or Facebook may revoke the posting permission from the digiPunchCard posting application.
digiPunchCard.com will not be responsible if this situation occurs
Please note that by uploading text and images to digiPunchCard, you provide digiPunchCard.com with unlimited free license, to present, copy, publish,
market and make any other use of these contents, in its sole discretion (see elaboration on the “intellectual property” section hereinafter).
This means that you are not entitled, and will not be entitled in the future, to any payment for the contents you will post on your Message.
digiPunchCard.com will be allowed to post the Message through digiPunchCard and/or internet search engines and/or the Relevant social media systems and/or business partners’ websites and/or on other locations.
You agree to not damage, change, or neutralize the following mechanism which is given to you by digiPunchCard and not make any malicious use of the digiPunchCard,
in a way that is unlawful or prohibited by these Terms.
Fraudulent use of digiPunchCard, including actions which ware made intentionally in order to create false and misleading actions,
such as: creating false punches and reward use while using robots, scripts, or manual actions.
You are required to notify digiPunchCard.com about any errors and suspicious activities on your digiPunchCard immediately.
Any and all copyrights on digiPunchCard and/or digiPunchCard.com, including its design, content, texts, software, applications, computer code, scripts, graphics, pictures, sounds, music, video, interactive features,
any other material in it and any trademarks, the service signs and the commercial signs (logo) which belong to digiPunchCard (“digiPunchCard’s Content”) – belong to digiPunchCard.com only and/or its content suppliers
and/or business partners, therefore it is forbidden to copy, display, translate or transfer to a third party any part of the above mentioned without a written consent from digiPunchCard.com which will be given in advance.
digiPunchCard’s name, the website domain and trademarks (those which were registered and those which were not registered), are the sole property of digiPunchCard.com.
Despite the above mentioned, the intellectual property rights in the contents which are sent by you, in order to post them on digiPunchCard or third party websites, belong to you,
subject to the license you give digiPunchCard.com according to section 9. as mentioned above. Nonetheless,
you must be careful not to provide digiPunchCard with contents which you do not own the intellectual property rights to. By posting any content on digiPunchCard,
you confirm to be the owner of the intellectual property rights to the content, and that you are permitted to post it as stated.
digiPunchCard.com is doing the best it can in order to provide digiPunchCard’s Users and Sellers with a regular, continuous service without failures, interruptions, errors and disruptions.
Since the service delivery depends on many other third parties, the digiPunchCard.com cannot guarantee that there will not be failures, interruption, delays, errors or disruptions,
which are usually sudden and unpredictable (excluding planed and/or initiated Interruptions – for the purposes of maintaining the system),
for those reasons the Company is released from any responsibility to compensate the Sellers and/or Users for failures, interruption and unexpected disconnections while delivering service,
and the User/Seller concedes any right of any kind to demand or prosecute any compensation for these failures, interruption, and disconnections for the system’s maintenance.
digiPunchCard.com will not be responsible for any direct or indirect damage which will be caused to the sellers and or users as a result of a violation of the Terms of this Agreement by any of digiPunchCard’s Users.
In such case, the damaged User can only take legal action against the one who violated the Terms, and the User concedes any right of any kind to demand,
claim or take legal action against digiPunchCard.com in advance for the violation of these Terms by any of the digiPunchCard’s Users and / or Seller.
digiPunchCard.com reserves the right to change, temporarily freeze or permanently terminate any activity on digiPunchCard, or parts of it,
as well as transfer the entire system or parts of it to other ownership, without any notice to the Users and/or Sellers. In such case, digiPunchCard.com will be able to transfer its entire rights,
or some of its right on digiPunchCard, to a third party and the Users and/or Sellers will not have the right to appeal and object to these decisions and
the Company will not have any responsibility for the Users and/or any third party.
The information and contents presented on digiPunchCard by the third parties, are provided on an “AS IS” and “AS AVAILABLE” basis without any interference and/or any interference by digiPunchCard.com.
These information and contents are under the responsibility of the third parties alone and digiPunchCard.com is not responsible for their content, accuracy and reliability,
including details regarding the third party, essence and the quality of the products or services offered by it, the names of the manufacturers and/or suppliers of products and/or services,
prices and presentations and any other information which is related to the information which is distributed by a third party.
Any User’s and/or third party reliance, on any content, information, commercial, products, services, opinions and stands, presented or posted on the Website,
on the Relevant E-Commerce Website and/or Websites the Users were transferred to, including information, content, opinions and stands which are presented or posted there,
is done as a result of the User’s personal decision and sole responsibility.
digiPunchCard.com will not be responsible for any damage, loss or expense which will be caused to any of the Users and/or Sellers and/or third party in relation to any act and/or
failure which are caused by some third party and/or by digiPunchCard.com. digiPunchCard.com will not be responsible for any act and/or failure,
of any kind, which will create a relationship between the User and/or a Seller and/or any third party and/or is caused by such a relationship.
digiPunchCard.com will not be responsible for any agreement and/or communication which will be made between a User and a Seller and/or
a third party, and will not be responsible for the value and/or quality of products and/or given services and/or offered to the User by a Seller and/or a third party,
including the terms of the purchase and/or process of the purchase and/or the supply of products and/or services and/or their quality and/or any other offer by a third party and/or the Seller.
digiPunchCard.com and/or anyone on behalf of digiPunchCard.com will not be responsible for and will not bare, directly or indirectly, any damage, direct or indirect, consequential or special,
financial or of other kind, which is caused to the Users and/or the Seller and/or any third party as a result of the use or reliance on information and/or service which is presented by digiPunchCard and/or the Seller,
including the loss of income and/or earnings losses which will be caused for some reason.
The Seller and/or digiPunchCard.com and/or anyone on behalf of digiPunchCard.com will not be responsible for the supply of the products and/or services which are given by the Seller and/or
their quality and/or availability.
digiPunchCard.com does not guarantee that all the features on digiPunchCard will work properly. digiPunchCard.com is allowed to add and/or remove features from digiPunchCard in its sole discretion.
digiPunchCard.com does not guarantee there will not be any failures and disruptions (hereinafter: “Interruption”) on the activity of the digiPunchCard service and/or the network and/or cellular network and/or
any other media in which and/or through the Shared Message, Website’s Content and/or applications are presented.
In addition, digiPunchCard.com is not responsible, will not be facing any prosecution and will not pay a compensation fee for any direct or indirect damage in the following scenarios:
A. Loss or irreversible damage of the data base.
B. Loss of income or any business opportunities as a result of the Seller’s activity or inactivity.
C. In case digiPunchCard and/or the server have been cracked or hacked by a third party or infected with computer viruses.
D. Computer failure or computer equipment failure, sever errors, software errors, disruption or disconnection from server, blocked access to digiPunchCard by a third party and other failures, errors and disruptions the Company have no control over.
E. Natural disaster, fire, illness, death, war and military action, human error, strike, sanction, disruption to supply products and services, disruption in the post office services and other public and/or
private services, governmental action, and any occurrences in the country and the world which may damage the Website’s regular activity which the Company have no control over.
digiPunchCard.com will not be responsible for any commercial content or commercial information which will be posted on digiPunchCard.
The information and content posted on the digiPunchCard do not constitute advice, recommendation and/or expression of an opinion and/or encouragement and/or feedback, on behalf of digiPunchCard,
to purchase the product which is presented by the Seller and/or make any use of the service or information which is presented therein.
All the above mentioned regarding the limitations of digiPunchCard.com liability will apply to the commercials on the website as well, accordingly and with the required changes.
digiPunchCard.com is allowed to use the User’s personal information for internal uses only while viewing and investigating
complains and/or Auditing, including using “cookies”.
digiPunchCard.com shares all User’s info with the Seller’s, yet apart from that,
it does not share any personal and identifying information about the User with a third party,
without the Seller’s explicit consent.
Despite the above mentioned, information regarding complains, in order to complete the treatment,
may be transferred to the Public Trust Organization for the customer’s best interest,
according to the Public Trust’s regulations,
unless the User explicitly objected it.
Nonetheless, digiPunchCard.com may share condense statistical information about the User,
which is unidentified, with publishers, business partners, supporters and other bodies.
For example, the frequency of the User’s punched on digiPunchCard.
digiPunchCard.com will share specific personal information about the User in case it will be required to do so
as a result of any legal action such as search warrant, court summons, law or court warrant.
Details regarding punches and rewards, Shared Messages and all the details which are relevant to this Agreement (which are not confidential),
are not considered as confidential information about the User and therefore digiPunchCard.com will be allowed to share and publish them on the internet,
according to these Terms and as long as they are relevant to digiPunchCard Service.
By using this digiPunchCard, the Seller agrees to the collection of information and data, and the use of it as mentioned in this policy and these Terms of Use.
digiPunchCard.com reserves the right to change this privacy policy from time to time. In case the privacy policy is altered, digiPunchCard.com will update this page.
In case the Users wish to ask any questions and/or clarify any subject they are welcome to contact us via email at: [email protected] .
digiPunchCard.com undertakes to delete Seller’s information from the digiPunchCard and not make any use of that information for the digiPunchCard purposes,
as above mentioned, if it will be requested to do so by a User who will send an explicit written request.
digiPunchCard.com will not be considered to be violating the privacy policy or to be damaging the Seller’s and/or User’s privacy as a result of any information,
according to its definition on the Computer Law 1995, which is used to identify a User and follow the User,
that is driven from the use of means of electronic communication in general and computer communication in particular.
According to the Protection of Privacy Act 1981 – every person is entitled to view the information about him/her which is saved on a data base. A person who viewed the information and found it to be false, incomplete, incoherent or invalid may approach the data base’s owner with the request of correcting the information or deleting it. This type of request should be sent to [email protected]
By registering to digiPunchCard you agree to receive email notification regarding your digiPunchCard account, promotional offers regarding digiPunchCard and informational emails. If you wish to unsubscribe to emails please unsubscribe or send an email to [email protected] .
COOKIES AND OTHER WEB FILES OR TAGS
In the interest of giving our Site and app an attractive appearance and in order to allow the use of certain functions, we use cookies on various pages of our Site, as well as other files and tags (e.g. JavaScript tags). Cookies consist of small text files that are stored on your device.
Most of these cookies used by us will be erased from your hard drive immediately after your browser session (so-called session cookies).
Other cookies remain saved to your device’s hard drive and enable us to recognize your device in the event of a later visit to our website or app (so-called persistent cookies). It is particularly these cookies that allow us to make our site and app more user-friendly, effective and safe. Thanks to these files, for example, it is possible to display information specifically suited to your personal preferences on a certain webpage.
The cookies will, among other things, track clicks, and online activity.
For the same reason, the Site and the App both use cookies and other local files to distinguish you from other users. digiPunchCard may use a cookie or configuration file, which is stored on the browser or hard drive of your computer and/or your mobile telephone device, to obtain information about your general internet usage. Cookies and other such files contain information that is transferred to your computer’s and/or mobile telephone device’s hard drive. They help digiPunchCard to improve the Site and the App, and to deliver a better and more personalized service. They enable digiPunchCard:
– to estimate digiPunchCard’s audience size and usage pattern and perform other analytics;
– to gather information about your approximate geographic location (e.g. city) to provide localized content;
– to store information about your preferences and to allow digiPunchCard to customize the Site and/or App according to your individual interests and the device or browser you are using;
– to continually improve digiPunchCard’s Services;
– to recognize you when you return to the Site and/or App; and
– to prevent fraud and/or abuse.
– The legal grounds for processing the information contained in cookies and other such files or tags consists of the performance or entering into of a contract with you (where cookies are necessary as part of the customer journey), or otherwise our legitimate interests in a safe and user-friendly presentation of our Site and App.
You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you select a setting that is too restrictive, you may be unable to access certain parts of the Site and/or App. Unless you have adjusted your browser setting so that it will refuse cookies, digiPunchCard’s system will issue cookies when you log on to the Site and/or use the App. You may wish to look at http://www.aboutcookies.org/ which has further information on cookies and how to manage them.
The help function in the menu of most browsers explains how to prevent your browser from accepting (some or all) cookies, how you can erase all collected cookies and how to block all future ones.
Please see the following steps to manage cookies on some common browsers:
In Internet Explorer:
1. Select the item “Internet Options” from the “Extras” menu in the toolbar.
2. Select the “Privacy” tab.
3. Now, you can choose the safety settings for the internet zone. You select the cookies that are to be accepted or denied.
4. Click “OK” to confirm these settings.
In Firefox:
1. Select “Settings” from the toolbar.
2. Click “Privacy”.
3. Select “Use custom settings for history” from the dropdown menu.
4. Now you can select whether cookies are to be accepted and for what duration you want to store the cookies. You can also add exceptions and determine the websites that are always or never allowed to store cookies.
5. Click “OK” to confirm these settings.
In Google Chrome:
1. Select the menu icon in the browser toolbar.
2. Select “Settings”.
3. Click the link “Show advanced settings…”.
4. Click “Content Settings…”.
5. In the “Cookies” section, you can select the following settings: Erase cookies, block cookies by default, erase cookies and website data by default after ending your browser session, accept exceptions for cookies from certain websites or website domains.
We remind you however that, in the event of limited cookie settings on your computer, you may no longer be able to use functions of our Site and App to the fullest extent possible.
Analysis Tools and Internet Technologies
Google Analytics
This Site uses Google Analytics, a web analysis service provided by Google Inc. (“Google”) and other SDK’s of this nature. Google Analytics makes use of cookies. In principle, the information about your use of our website as displayed by the cookie is transferred to and stored on the Google server in the US.
As instructed by us, Google will use the information for the purpose of analyzing your use of our Site, to compose reports on the activities of our Site and to provide further services to us related to the use of the website and the internet. You can prevent the storage of the cookies through browser settings, however we remind you that, in certain instances, this may cause a reduction in the functionality of the Site. More information about Google Analytics’ use of your data can be on the Google Privacy Policy: https://www.google.com/policies/privacy/. Google provides a browser-add on which allows users to opt-out of Google Analytics across all websites which can be downloaded here: https://tools.google.com/dlpage/gaoptout.
Retargeting
This website makes use of retargeting technologies that are administered by other operators. Through retargeting, users of our partners’ websites, who were interested in our Site and in our Services before, can be approached with personalized advertisements. Studies show that the inclusion of personalized advertisements that are related to people’s actual interests are more appealing to the user than advertisements without any personal connection. Through retargeting, the incorporation of advertisements is based on the analysis of cookies that display earlier user’s conduct. If you wish to object to this mode of advertisement, you can deactivate cookies and/or delete existent cookies through your browser settings. You can do so by following the instructions under “Cookies”.
The legal basis for the processing of your data along with the use of collective analytical tools and internet technologies is our legitimate interest in obtaining an analysis of the activities on our website and the user’s and surfer’s behavior on the Site, notably for research, BI, and product development, as well as our legitimate interest (and the interest of third-parties) in the inclusion of personalized advertisements suited to your interests.
CLICKSTREAM DATA
As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called “clickstream” data, can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use, the address of the web site from which you linked to the Site, and in some instances, your email address. We may use clickstream data to determine how much time visitors spend on each page of the Site and how they navigate through the Site. We will only use this information to improve or customize the Site.
USES MADE OF THE INFORMATION
digiPunchCard uses information held about you (including both Personal and Anonymous Information) in the following ways:
– to register and administer your account;
– to provide our various Services, as further detailed on our Site;
– to offer customer support;
– to ensure that content on the Site and/or the App is presented in an effective manner for you and for your device (e.g. PC, mobile telephone, tablet);
– to provide you with information about products or Services that you receive from digiPunchCard (sometimes called “Service Messages”), for example, notices of updates to our Privacy Policy;
– to carry out digiPunchCard’s obligations arising from any contracts entered between you and digiPunchCard;
– to contact you for your views on digiPunchCard’s Services and to notify you about changes or developments to digiPunchCard’s Service;
– to administer the Site and the App, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
– as part of digiPunchCard’s efforts to keep the Site and the App safe and secure and for the prevention of fraud;
– to measure or understand the effectiveness of any advertising digiPunchCard serves to you and others, and to deliver relevant advertising to you;
– to improve the Site and/or the App including tailoring it to your needs;
– to use GPS to identify the location of users;
– to comply with digiPunchCard’s legal obligations;
– to protect digiPunchCard’s rights and interests.
digiPunchCard’s third-party service providers may cross-reference your data with data it already holds (independently of digiPunchCard) to provide digiPunchCard with statistical analysis of the demographic of its users. digiPunchCard uses aggregated and anonymous analytics information for internal business planning and other similar purposes.
Under EU data protection law, all processing of personal data is justified by a “condition” for processing. In the majority of cases any processing will be justified on the basis that:
you have consented to the processing (e.g. where you provide us with marketing consents or opt-in to optional additional services or functionality);
the processing is necessary to perform a contract with you (i.e. for Ride Services) or take steps to enter into a contract;
the processing is necessary for us to comply with a relevant legal obligation (e.g. the disclosure of information to law enforcement or tax authorities); or
the processing is in our legitimate commercial interests, subject to your interests and fundamental rights (e.g. monitoring which we carry out of your use of the App and the targeting of advertising).
SECURITY AND DATA RETENTION
digiPunchCard has implemented administrative, physical and electronic measures designed to protect your information from unauthorized access.
Although guaranteed security does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations.
Where digiPunchCard has given you (or where you have chosen) a username, login or password which enables you to access certain parts of the Site and/or the App, you are responsible for keeping this information confidential. digiPunchCard asks you not to share a username, login or password with anyone.
We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
In general, this means that we store your data throughout the existence of your account with us or for as long as is otherwise required to deliver our Services, except where we have a lawful basis for saving it for an extended period of time (for instance, after fully executing a contract, we may still have a legitimate interest in using your contact details for marketing purposes). We also retain the data we need for the execution of pending tasks and the data we need to investigate and realize our legal rights and our claims, as well as certain data that we must store for a legally mandatory period of time. When certain data is only saved due to a legally mandatory preservation term, the processing of it by us is limited, even where you do not specifically request this.
DISCLOSURE AND SHARING OF YOUR INFORMATION
We know how important it is to keep your information confidential. We will not rent, sell or share your Personal Information with third-parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Privacy Policy.
If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to (i) provide your Personal Information at any time or (ii) download the App and a register as a merchant.
In addition to using the information collected by us for the purposes described in the section above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.
Service Providers – We also share Personal Information with vendors, payment providers, promotion companies, sponsorship companies, commercial software providers, consultants, market researchers and data processes who perform services on behalf of digiPunchCard, including without limitation, companies that provide route guidance, estimated times of arrival, email services and host the Website, App and Service. We also share Personal Information with third-parties that provide analysis, monitoring, and reports to assist us in preventing and detecting fraudulent transactions and other activity. digiPunchCard.
Compliance with Laws, Law Enforcement and Safety – We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend digiPunchCard’s, or a third-party’s, rights or property.
Anonymous Information – Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third-parties, and, depending on the circumstances, we may or may not charge third-parties for such information, or limit the third parties’ use of the same.
Business Transactions
We may share all or some of your Personal Information with any of our parents, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. Additionally, in the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, including in the unlikely event of bankruptcy, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy.
Third Party Marketing – As referred to in section above, digiPunchCard may disclose your information to carefully selected partners which digiPunchCard thinks may be of interest to you. These companies may contact you by post, email, telephone or fax for marketing or promotional purposes.
LOCATION OF YOUR INFORMATION
Your Personal Information may be disclosed to digiPunchCard and third-parties in jurisdictions including, but not limited to: Belarus, Cyprus, Israel, Ireland, Russia, The Netherlands, United Kingdom, United States of America.
Consequently, the data that digiPunchCard collects from you may be transferred to, and stored at, a country that is not considered to offer an adequate level of protection under your local laws. It may also be processed by staff operating outside your country who work for digiPunchCard or for one of its suppliers, service providers or partner entities. By submitting your Personal Information, you acknowledge, and, where necessary under local laws, agree to, this transfer, storing or processing.
digiPunchCard will take appropriate steps to ensure that your Personal Information is treated securely and in accordance with applicable Privacy Laws and this Privacy Policy. This may include putting in place data transfer agreements or ensuring that digiPunchCard or third-parties comply with data transfer mechanisms or schemes. If you are located in the EU, you have a right to request to obtain further information about the data transfer mechanisms used to transfer your Personal Information to third countries.
14. Copyright Policy
If you truly believe that the digiPunchCard’s content violate, in any way, your copyright or the copyright of any third party, you are allowed to inform our copyright agent regarding this matter at [email protected] and provide the following information:
(A) your communication details including full name, address, phone number and email address;
(B) identification and description of the work that is protected by copyright which you claim was violated;
(C) the exact location and/or link to the content of the message which you claim was violated
(D) your statement, which claims that you truly believe that the questionable use is not allowed by the copyright owner;
(E) physical or electronic signature of an authorized individual on behalf of the copyright owner;
(F) a affidavit duly signed and notarized by law which confirms that your information is accurate and that you are the owner of the copyright or an authorized representative of the copyright owner.
To close your digiPunchCard account will be done via mail to the following address: [email protected]
which includes the Seller’s details and details regarding the request to close the account.
digiPunchCard.com reserve the right to immediately terminate digiPunchCard service and this Agreement at any time and without any prior notice.
The Seller concedes any right of any kind to demand, claim or take legal action regarding this subject.
After the account is closed the Seller cannot make any activity on digiPunchCard.
The Seller confirms and accepts the fact that the Messages which were posted by digiPunchCard on the User’s Facebook Wall,
including digiPunchCard Link which is attached to the Shared Message, will continue to be available to the public even after the account has been terminated.
Even after the closing the seller’s digiPunchCard account, the Seller User undertakes to respect the Terms of this Agreement,
excluding the Terms which are no longer relevant as a result of the terminated account.
You agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You confirm to be an independent constructor according to this Agreement, and not a digiPunchCard.com’s employee, representative, partner or legal representative for any purpose.
It is agreed that any claim or dispute regarding this Agreement on behalf of digiPunchCard.com and/or the User and/or
Seller shall be governed in all respects by the laws of Israel and must be resolved exclusively by the state court located in Tel Aviv alone.
In case there will not be an available court in that area, the subject will be resolved by the nearest authorized court.
