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Head Habitat Affiliate Program Terms and Conditions

This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between Head Habitat Ltd. ("us", "we" or "Head Habitat") and you, regarding your application to and participation in the Head Habitat Affiliate Program (the "Program") as an affiliate of Head Habitat ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, www.HeadHabitat.com (the "Head Habitat Site").

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM

To participate in the Program, you must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence. Employees of Head Habitat and/or any of its subsidiaries, affiliates or related companies are not eligible to participate.

2. DEFINITIONS

"Affiliate" shall mean the individual applying to or participating in the Program by displaying Head Habitat's products on the social media accounts owned or controlled by Affiliate, including but not limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) in exchange for receiving a commission from Head Habitat for sales directly resulting from such display.

"Commission Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to Head Habitat, pursuant to the terms of this Agreement.

"Link" shall mean a unique tracking link provided by Head Habitat to Affiliate for Affiliate's use and posting on Affiliate's Social Platform in connection with a Post.

"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.

"Product" shall mean product (including digital products such as online courses) available for purchase from the Head Habitat Site. 

"Qualified Purchase" shall mean a sale of Head Habitat's Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the Head Habitat Site. Customer’s signing up for a free trial that does not convert to a paid subscription during the Affiliate’s tracking period are not eligible for the affiliate commission. 

"Referred Customer" shall mean each new customer referred to the Head Habitat Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.

3. ENROLLMENT IN THE PROGRAM

(a) To begin the enrollment process, Affiliate must submit a completed Program application through the Head Habitat Site.

(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify Head Habitat in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).

(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by Head Habitat solely in its discretion. If you are accepted into the Program, Head Habitat expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. Head Habitat further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.

4. LINKS

Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.

5. POSTS

(a) The Post: (i) must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must not defame, misrepresent or disparage Head Habitat, its business, products or brands, or any third party brands, products or services competitive to Head Habitat and/or its business, products or brands; (iii) must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with Head Habitat and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (iv) shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (v) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.

(b) Affiliate represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including the Federal Trade Commission's Endorsement Guides ("FTC Guides"), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, Terms of Use and other applicable policies of the social media platform used by Affiliate for its Post(s). We reserve the right to withhold Commission Fees and/or deactivate your Link and/or terminate your affiliate relationship with us if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to, your noncompliance with the FTC Guides and failure to clearly and conspicuously include that your promotion is sponsored by Head Habitat. Affiliate further represents and warrants that he/she has obtained any and all necessary consents of any Permitted Third Party.

6. ORDER PROCESSING

Head Habitat will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the Head Habitat Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Head Habitat's cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the Head Habitat Site. To permit accurate tracking, reporting and commission accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the Head Habitat Site are properly formatted. We shall not be responsible for improperly formatted Links.

7. COMMISSION FEE DETERMINATION; QUALIFIED PURCHASES

(a) We will pay Affiliate a Commission Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.

(b) The Commission Fee amount and structure shall be determined by the method of payment selected by Affiliate in its Program application. If Affiliate selected payment through PayPal, the Commission Fee shall be in an amount equal to 25% for each Qualified Purchase, unless otherwise agreed between the parties in writing. If Affiliate selected payment by discount code, for each Qualified Purchase, Affiliate will receive a discount code in an amount equal to ten percent (10%) of the Qualified Purchase, unless otherwise agreed between the parties in writing, which discount code is valid towards a purchase made by Affiliate on the Head Habitat Site. The discount code is not valid towards prior purchases.

(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that Head Habitat suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Affiliate through its own Affiliate Link.

(d) We reserve the right to withhold payment of Commission Fees to an Affiliate who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.

(e) We reserve the right to suspend the payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.

(f) We reserve the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a "Qualified Purchase".

(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud Head Habitat or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

8. ACCRUAL AND PAYMENT OF COMMISSION FEES

(a) Commission Fees will be paid sixty (60) days from the order date of the Qualified Purchase associated therewith.

(b) Payment of Commission Fees will be made through PayPal. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Commission Fees.

(c) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the Head Habitat Site.

(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.

(e) In order to avoid unproportionately high transfer fees, a minimum compensation amount of $50 needs to be accumulated for payout via PayPal. 

(f) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Commission Fee under this Agreement.

9. REPORTS OF QUALIFIED PURCHASES

You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Commission Fee, Affiliate must file a written report of such dispute with Head Habitat by email within ten (10) days after the subject Commission Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Commission Fee.

10. POLICIES AND PRICING

Referred Customers who buy products through the Program will be deemed to be customers of Head Habitat. Accordingly, all Head Habitat Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the Head Habitat Site. We may change our terms, policies and procedures at any time consistent with applicable laws. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.

11. LIMITED LICENSE FOR USE OF HEAD HABITAT LOGOS/TRADEMARKS

We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the Head Habitat Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.

12. OWNERSHIP

As between Affiliate and Head Habitat, Head Habitat shall own all right, title and interest, including all Intellectual Property Rights, in and to the Head Habitat Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the State of Israel or any other state, country or jurisdiction.

13. LICENSE TO USE OF POSTS AND AFFILIATE'S IMAGE

We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, additional compensation, notice, review or approval.

14. RESPONSIBILITY FOR AFFILIATE'S SOCIAL PLATFORM

Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.

15. INDEMNITY

Affiliate shall defend, indemnify and hold Head Habitat and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.

16. TERM AND TERMINATION

(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.

(b) Head Habitat expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.

(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program Related content from Affiliate's Social Platform. Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by Head Habitat, Affiliate agrees to promptly remit such excess payment upon notification by Head Habitat. Head Habitat may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.

17. MODIFICATION

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the Head Habitat Site. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.

18. INDEPENDENT CONTRACTOR RELATIONSHIP

For purposes of this Agreement, Affiliate will not be considered an agent, employee or representative of Head Habitat and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of Head Habitat or to bind Head Habitat in any legal contracts.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT HEAD HABITAT SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

20. DISCLAIMER OF WARRANTY

THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. HEAD HABITAT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, HEAD HABITAT MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. HEAD HABITAT FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE HEAD HABITAT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.

21. MISCELLANEOUS

(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliate's application, in the case of Affiliate, and the postal and/or email address, as applicable, set forth below for Head Habitat. This provision shall not apply to Section 17, "Modifications."

Head Habitat Ltd.

17 Arlozorov St. 

Floor 17, Suite 175

6248906 Tel Aviv, IL

Email: [email protected]

(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.

22. GOVERNING LAW; ARBITRATION; NO CLASS ACTION

This Agreement shall be governed by and construed under the laws of the State of Israel, without regard to its conflict of laws principals. Any and all disputes, claims and causes of action arising out of or connected with this Agreement and/or the Program, will be resolved individually, without resort to any form of class action.

23. CONFIDENTIALITY

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Head Habitat pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.

24. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.


Head Habitat Privacy Policy

Last updated March 16, 2021

Thank you for choosing to be part of our community at Head Habitat Ltd., doing business as Head Habitat (“Head Habitat”, “Atelo Health”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at [email protected]

When you visit our website headhabitat.com (the "Website"), use our mobile application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

1. WHAT INFORMATION DO WE COLLECT?



Personal information you disclose to us

In Short:  We collect information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact or authentication data; and other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe, uScreen and PayPal. You may find their privacy notice link(s) here: https://stripe.com/privacyhttps://www.uscreen.tv/privacy... and 

All" target="" rel="">https://www.paypal.com/us/weba... personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.



Information automatically collected

In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.  

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.

Location Data. We collect information data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected through our App

In Short:  We collect information regarding your geo-location, mobile device, push notifications, when you use our App.

If you use our App, we also collect the following information:

Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's sms messages, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings.

Mobile Device Data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device's operating system or platform, the type of mobile device you use, your mobile device's unique device ID and information about the features of our App you accessed.

Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

The information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the consent of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Services.

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short:  We only share information with the following third parties.  We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

Advertising, Direct Marketing, and Lead Generation

Google AdSense

Affiliate Marketing Programs

Refersion

Cloud Computing Services

Google Cloud Platform

Data Backup and Security

Dropbox Backup and Google Drive Backup

Invoice and Billing

Stripe, uScreen and PayPal

Retargeting Platforms

Facebook Custom Audience, Facebook Remarketing, Google Ads Remarketing and Google Analytics Remarketing

Social Media Sharing and Advertising

Facebook advertising

User Commenting and Forums

uScreen

Web and Mobile Analytics

Google Analytics and Google Tag Manager

Website Hosting

WordPress.com

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: 

If" target="" rel="">http://ec.europa.eu/justice/da... you are resident in Switzerland, the contact details for the data protection authorities are available here: 

If" target="" rel="">https://www.edoeb.admin.ch/edo... you have questions or comments about your privacy rights, you may email us at [email protected]



Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

■  Contact us using the contact information provided.

    ■  Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit 

Opting" target="" rel="">http://www.aboutads.info/choic... out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

    ■  Contact us using the contact information provided.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).  

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [email protected] or by post to:

Head Habitat Ltd.

Suite 175

17 Arlozorov St. 

6248906 Tel Aviv, Israel

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.