SAYAT.ME TERMS OF USE

Effective as of: 25.05.2018

Welcome to Sayat.me. These Terms of Use contain the terms and conditions that govern all use of the website Sayat.me (hereinafter Website).

Read these Terms of Use carefully. The Website is offered to you subject to your acceptance, without modification, these Terms of Use and all other operating rules and policies made available to you on or through the Website (hereinafter collectively Terms). If you do not agree to these Terms, please do not use the Website. When accepted by you, these Terms form a legally binding contract between you and SayAt.Me OÜ, a legal entity incorporated under the laws of the Republic of Estonia (hereinafter Supplier or us).

To accept these Terms on behalf of yourself or on behalf of a legal entity, you must have the legal capacity to do so. This means that if you accept these Terms on behalf of yourself, you must be at least 18 years of age or have valid authorisation from your legal representative. If you accept these Terms on behalf of a legal entity, the legal entity must be duly incorporated and you must have the legal authority to bind that legal entity. By accepting these Terms you confirm the foregoing.

USING THE WEBSITE

The Website serves as a platform for collecting and providing anonymous feedback for questions asked and polls created by the Users (as defined below). The Website does contain some sample questions provided by the Supplier but these need not be used. The Users (as defined below) are free to decide whether and which questions to ask and collect feedback on. The Website also allows the registered Users (as defined below) to interact with one another. Regardless of how the Website is used, the User (as defined below) giving feedback may always choose to remain anonymous.

You can use the Website as a registered or unregistered user (hereinafter User). As an unregistered User, you can browse the public parts of the Website and give feedback. As a registered User, you can additionally collect feedback and use other functions of the Website only available to registered Users.

You can register by creating an account on the Website or by using your social media account (e.g. Facebook, Twitter). Your login credentials can be used only by you. You must keep your login credentials confidential and safe. If you believe your login credentials have been compromised, you must promptly notify us thereof.

RISKS AND CONSIDERATIONS

The Website is a feedback tool meant to gather honest and constructive feedback from friends, colleagues, acquaintances or others. Constructive feedback is meaningfully specific, contains advice and is encouraging. While giving feedback be sure that you stay positive - this does not mean that you cannot critisize, but give at least as much positive feedback as well. If you want to criticize something, do it in a humble way. Don't say "You're wrong!" Instead say, "That was wrong."

Receiving critisizing feedback

Not all feedback received is positive. You may receive feedback that you do not anticipate, do not agree with or that may evoke strong emotions. If you receive feedback like that do not get mad, rather get curious on how to solve this problem. Here actually is your change to grow. And keep in mind that all of us grow in our own time. You can put this feedback aside and come back to it, when you think the time is right for you.

If you continue to feel down, discuss your emotions among trusted friends or family or seek for help. There are people who can and want to take care of you!

Abuse, bullying and harrasment

Here at Sayat.me we deplore bullying of any kind. Therefor we have worked hard and continue to do so to prevent people to abuse the trust of anonymity given to them by our users and by us. We have developed artificial intelligence to help to prevent bullying messages to be posted. We also block some words to be used on the site. Sometimes you may see blurred messages with a warning that this content might have abusive intentions. Please make sure you report all messages that can not be considered as a polite way of interaction. Doing so will help us fight the battle with bullies.

Do not ask questions that are too daring and might evoke others to misbehave. Do not publish/praise any feedback posts that are abusive, bullying or harrasing. Bullying is not cool. If you see somebody being bullied on the Website, report this to us immediately using Report functionality or by sending an email to [email protected]

Allowing public feedback

Please note that by asking questions and creating polls on the Website, an URL is created which can be distributed by anyone anywhere, which means that anyone anywhere with the URL is able to provide feedback on the question or poll and do so anonymously (default settings). Please also note that you can strengthen your account privacy settings at any time so that only registered users will be allowed to give you feedback. Those settings are avilable for you under Account settings after logging in to the Website.

USER CONTENT

Any information submitted to the Website in any form, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content (hereinafter User Content). This means that the Users, and not the Supplier, are entirely responsible for all User Content that is made available through the Website, as well as for any actions taken by the Supplier, other Users or third persons as a result of such User Content.

Any User Content must be in compliance with the Terms and the applicable law. By submitting User Content to the Website, you confirm that you have the right to do so and that it does not violate any rights (including, but not limited to, intellectual property rights) of any third persons.

The Supplier does not have an obligation to monitor or control the User Content in order to discover any unlawful nature therein and will not take responsibility for it. However, if such unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier may use the remedies described herein and the applicable law.

Note that as a registered User, you are also responsible for the User Content you decide to make public through your URL.

PROHIBITED ACTIVITIES

The Website may only be used for its intended purposes. The Website may not be used for any purposes or in any manner that can be construed as unlawful, malicious, in bad faith, abusive or discriminatory. Such uses shall include, but are not limited to, the following:

  • publish any User Content that is incorrect, misleading, unlawful, harassing, abusive, threatening, vulgar, obscene, harmful, libellous, invasive of another’s privacy or constitutes an infringement of third party intellectual property rights or any other rights (such as rights of privacy and publicity);
  • publish any User Content that is harmful (for example viruses, worms, malware and other destructive codes);
  • impersonate other people;
  • restrict or inhibit any other User from using and enjoying the Website in any manner;
  • make threats of violence against others;
  • harass other people;
  • intentionally distribute untrue or misleading information;
  • use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers;
  • copy or download the content of the Website for commercial use without copyright holders prior consent;
  • attempt to gain unauthorized access to any part of the Website, other accounts, computer systems or networks connected to any of our servers or to any of the services, through hacking, password mining or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • use the Website in any other manner to commit a crime, breach any applicable law or invite others to do so.

The Supplier shall have the sole discretion in determining whether your particular use of the Website is in violation of these requirements. Should your use of the Website be in violation of these requirements, the Supplier shall have the right to use any remedies described herein or the applicable law. Note that you are solely responsible for your actions on the Website.

PRIVACY

The Supplier, SayAt.Me OÜ, address Pärnu mnt 15, 10141 Tallinn, Estonia, e-mail address [email protected] is responsible for the processing of your personal data.

Legal basis of data processing

We process your personal data on the basis of:

  • your consent;
  • legal agreement between us that establishes a basis for data processing;
  • legal obligations to which we are subject; and / or
  • our legitimate interest to ensure the quality of our legal services.

By submitting your personal data to us or by consenting to the processing of your personal data you agree to the processing of your data, including both data storage and data transfer. We limit the processing of your personal data to the scope of purpose for which the data was collected. Access to your personal data will be restricted to personnel who are required to process the personal data to fulfil their professional responsibilities. Supplier is the controller of the personal data that falls under the scope of this policy.

Collecting your personal data

The Supplier collects your personal data in the following ways when signing up for your sayat.me account by:

  • Username/password: you provide us all your information directly. This includes only your username and password (please read more about collecting your email below)
  • Facebook: you will be asked to provide us a username for your new sayat.me account and to share following information from your Facebook account: your Facebook user ID number, email, birth date. We will also link your new sayat.me account to your Facebook profile picture (which you can replace with another picture at any time).
  • Instagram: you will be asked to provide us a username for your new sayat.me account and to share following information from your Instagram account: your Instagram user ID number, profile picture (which you can change at any time).
  • Twitter: you will be asked to provide us a username for your new sayat.me account and to share following information from your Twitter account: your Twitter user ID number, profile picture (which you can change at any time).
  • VK: you will be asked to provide us a username for your new sayat.me account and to share following information from your VK account: your VK user ID, full name, profile picture (which you can change at any time).

After signing up you may provide us with your full name, email, photo and birth date (if not collected in the sign up process described above). We will use your email to send you Website related emails, including changes/updates to features, technical and security alerts. Note that you may not opt out of Website related emails and you can only change, not delete, an email address related to the account for the security purposes. You may also opt in for email notifications for communication between you and Website (e.g new feedback post notifications, following notifications, new comment, question updates). You may opt out from such emails at any time from your user settings.

User content & user tracking

We collect only following content created by you:

  • Questions, feedback posts, comments, polls, photos that you post to the Website.

We add your IP address and a tracking code to the content you create to help protect the Website and our users.

Cookies and similar technologies

We collect certain data by automated means, such as cookies and web beacons, when you visit the Website, e.g. IP address, browser type, operating system, referring URLs, information on actions taken on the Website, and dates and times of Website visits.

We use these technologies:

  • for Website functionality like signing in, to show you relevant content and to improve your experience;
  • to allow us to remember choices you make (such as your language or the region you're in) and tailor the Website to provide enhanced features and content for you;
  • we also use cookies to protect our users by blocking visits to their profiles;
  • our advertising partners may use these technologies to deliver advertising that is relevant to your interests. These technologies can remember that your device has visited a site or service, and may also be able to track your device's browsing activity on other sites or services other than the Website. This information may be shared with organizations outside Supplier, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign;
  • together with our service partners we may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Website;
  • you may opt in to web push notifications in which case your device is registered at third party service via “service worker”. You may turn off these notifications from your web browser notification settings.

Analytics information

We use third-party analytics tools to help us measure traffic and usage trends for the Website. These tools collect information sent by your device or our Website, including the web pages you visit, add-ons, and other information that assists us in improving the Website. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Using your personal data

We use your personal data for the following purposes:

  • to provide the Website and parts thereof;
  • to contact you, to provide assistance, to collect feedback;
  • to exercise any rights and obligations arising from the law;
  • to personalise the Website and ads or other forms of marketing you see;
  • to monitor, test and analyse the effectiveness of the Website, monitor aggregate site usage metrics such as total number of visitors and pages viewed, etc;
  • to send you Website related emails, including changes/updates to features, technical and security alerts.

Please note that your name as entered during registration, as well as your URL and photo (if uploaded) is publicly visible to all visitors of the Website.

Transfer of your personal data to third parties

We may disclose your personal data to third parties (data processors):

  • service providers in order to provide you the Website. For example, we use Amazon for hosting the data. The data is hosted in the EU;
  • in the event that we sell or buy any business or assets, in which case Supplier may disclose your personal data to the prospective seller or buyer of such business or assets, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets;
  • if Supplier or substantially all of its assets are acquired by a third party, in which case personal data held by it will be one of the transferred assets;
  • where we use analytics database and applications providers and search engine providers that assist us in the improvement and optimisation of our Website;
  • to government authorities or enforcement bodies such as the police and regulatory authorities, upon their request and only as required by applicable law or to protect our rights or the safety of our Users, staff and assets;
  • to our lawyers in case of legal dispute.

We have ensured that all third-party service providers to whom we transfer your personal data will comply with General Data Protection Regulation and follow our instructions with respect to how they process your personal data. The personal data that will be transferred to these third-service providers will be limited to the minimum that is required to ensure the provision of third-party services or legitimate interest. We remain responsible for your personal data and take all necessary measures to protect your personal data as provided herein.

Data retention

You can delete your account any time. When you delete your account, we block access to your private and public profile and delete the things you have posted, such as your photos, referrals to name or username and status updates. We do not delete your public and anonymous feedback posts or comments sent from this account automatically. You will need to do it manually with each feedback post before deleting your account. We only store your personal data in our private databases as long as it is necessary to provide services to you and others and for the purposes of the personal data collected and as long as required by law. In general, we store your personal data as follows:

  • personal data related to the contract – 10 years (in accordance with the maximum period for claims arising from law and transactions).

Security

We implement appropriate organisational, technical and physical safeguards to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all unlawful forms of processing. Supplier requests that you take reasonable steps to safeguard and protect your own personal data when you are on the internet. Change passwords often, use a combination of letters and numbers and make sure that you use a secure browser.

Your rights

You have all the rights of a data subject as provided in the applicable law. This includes the right to obtain information and personal data concerning you and to demand the correction of inaccurate personal data. If processing of personal data is not permitted on the basis of law, you have the right to demand termination of the processing of the personal data, termination of the disclosure or enabling access to the personal data and/or deletion or closure of the collected personal data. You have the right at any time to refuse receiving any further direct marketing messages. You also have the right to turn to the Data Protection Inspectorate or the court to safeguard your rights.

You may, at any time, exercise the following rights with respect to our processing of your personal data:

  • the right of access to personal data held by us;
  • the right to amend and rectify any inaccuracies in personal data held by us;
  • the right to erase personal data held by us;
  • the right to data portability of personal data held by us;
  • the right to request restriction of the processing of personal data held by us;
  • the right to object to processing of personal data by us;

For such requests, complaints and questions about processing your personal data please contact us by email [email protected]

You do have the right to lodge a complaint with a data protection authority if you think that your personal data is being processed incorrectly or your data subject rights have been violated by us. You can lodge a complaint by contacting the data protection authority that is local to your jurisdiction i.e. the location of the alleged violation of your data subject rights or the inappropriate processing or your data, or the place you live and work. The relevant data protection authority of this policy is The Estonian Data Protection Inspectorate in Estonia: http://www.aki.ee/en

User Content.

Because the Supplier does not collect or determine the use or purposes of any User Content, including personal data contained therein, the Supplier is not acting in the capacity of the data controller in terms of the European Union’s Directive 95/46/EC but in the capacity of the data processor on behalf of the Users. The Users should be considered as data controllers as regards the personal data contained in their User Content. Except as provided herein, the Supplier does not transfer or disclose the User Content to any third parties, except to its subcontractors who may process such data on behalf of the Supplier in connection with the Supplier’s provision of the Website (see above).

INTELLECTUAL PROPERTY RIGHTS

Any and all intellectual property rights in and to the Website (except User Content) are exclusively owned by the Supplier and/or its third party partners. Your use of the Website does not grant to you any ownership or intellectual property rights therein. You may only use the Website only for its intended purposes.

You retain all your ownership and intellectual property rights in and to your User Content. By submitting your User Content to the Supplier through the Website, you hereby grant the Supplier and its affiliates, sub-licensees, partners, designees, and assignees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof for any purpose whatsoever in connection with the Website and the Supplier’s (and its successors’) business, including for providing the Website for its intended purpose, as well as for the Supplier’s commercial, marketing or any similar purpose.

SUPPLIER’S REMEDIES

Upon breach of the Terms by you, including, but not limited to, if unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier has the right to use any or all of the following remedies, at its own discretion:

  • set a term for you to end or cure the breach;
  • demand that you bring the breaching User Content into compliance with these Terms and applicable law;
  • deny the publication of the breaching User Content on the Website;
  • temporarily or permanently remove the breaching User Content from the Website, restrict access to it or delete it;
  • restrict your rights of use of or access to the Website by any means, including blocking any traffic from your IP address;
  • delete your account, including all User Content therein, and effectively terminate the contract.

The Supplier is not required to give notice of any of the foregoing actions.

If the Supplier has reasonable grounds to believe that your use of the Website may harm other Users or any third persons, the Supplier has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those Users and third persons. In addition to the above, these measure include notifying the relevant authorities.

In addition to the foregoing, the Supplier may use all other remedies under the applicable law.

DISCLAIMERS AND RESTRICTION OF LIABILITY

The Supplier provides the Websites "as is" and "as available" with no warranties of any kind. The Supplier expressly disclaims any warranty, express or implied, regarding the Website, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement of proprietary or other rights, correctness, accuracy and reliability, or that the Website will be secure, uninterrupted or free of errors, viruses or other harmful components or that defects will be corrected.

The Website may include links to other websites or services (hereinafter Linked Sites). The Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites.

To the greatest extent possible under applicable law, the Supplier shall not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Website.

MODIFICATION TO THE WEBSITE AND THE TERMS

The Supplier reserves the right to modify the Website and its contents from time to time without prior notice and explanation. Such modifications may include changes in the touch and feel of the Website, rebranding the Website, etc.

The Supplier may modify the Terms from time to time. The modifications may be introduced as a result of the following:

  • a change in the applicable law or its interpretation;
  • a court decision, administrative act or other legal act requiring the amendment;
  • the modification or termination of a functionality on the Website or an introduction of a new one;
  • complaints and suggestions from Users;
  • new technologies and other innovations, which allow the Supplier to enhance the quality, security and user experience of the Website;
  • changes in the business model or work organisation of the Supplier;
  • other unforeseeable circumstances when amending the Terms is reasonably required.

For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will automatically be effective upon the earlier of your continued use of the Website with actual knowledge of such modifications, or 30 days from publication of such modified Terms on or through the Website.

You may refuse to agree to the modified Terms. In that case you must immediately cease using the Website. Your continued use of the Website after such modifications have been published constitutes your binding acceptance of such modifications.

TERMINATION OF THE CONTRACT

You may terminate the contract at any time. You can do that by deleting your account or sending us an email to [email protected], stating clearly that you wish to terminate the contract.

The Supplier may terminate the contract for convenience at any time upon decision to end provision of the Website. The Supplier may terminate the contract if you breach these Terms and do not remedy the breach within the reasonable deadline given by the Supplier. The Supplier may terminate the contract immediately if you materially breach these Terms.

Upon termination of the contract, the Supplier will deactivate and permanently delete your account, including all User Content therein, as soon as reasonably possible.

LANGUAGE

The Terms, the Website and the support of the Supplier are available in the English language. The Supplier may make available other language versions thereof. You confirm that you fully understand the chosen language of the Terms, the Website and the support of the Supplier and consent to the use of it.

SEVERABILITY

If any provision of the Terms becomes or is determined to be invalid or unenforceable, then the invalidity or unenforceability of that provision does not affect the validity or enforceability of the remaining provisions of the Terms. In such a case, the parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that allows for the maximum attainment under the law of the very same effect and result as was intended by the replaced provision without undue delay.

APPLICABLE LAW

The Terms are made under, and shall be governed, interpreted and enforced in accordance with the laws of the Republic of Estonia, without regard to the conflict of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Regardless of the foregoing, you also enjoy the protection of the mandatory provisions of law that are applicable in your home country.

DISPUTE RESOLUTION

We will make our best efforts to solve any disputes amicably. Should it prove to be impossible within reasonable time, the dispute will be settled in Harju County Court (Harju Maakohus) in the Republic of Estonia. However, if you are considered to be a consumer in the EU, you may bring proceedings against us either in Harju County Court (Harju Maakohus) in the Republic of Estonia or in the courts of the country where you are domiciled and we may bring proceedings against you in the courts of the country where you are domiciled.

SUPPLIER

SayAt.Me OÜ
E-mail address: [email protected]