PLEASE READ CAREFULLY BEFORE USING AND/OR ACTIVATING YOUR VIRTUAL PHONE. BY ACTIVATING AND/OR USING YOUR VIRTUAL PHONE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT ACTIVATE OR USE THE VIRTUAL PHONE.
1. Virtual Phone Software.
1.1. The software, the temporary phone number that may be assigned to you, and any data that came with your Virtual Phone, as may be updated in any form (“Virtual Phone Software”), are licensed by PSS for use solely under the terms of this EULA.
1.2. Use of and access to certain features of the Virtual Phone and/or the Virtual Phone Software and/or Services (as defined in Section 7 below) may transmit data over the internet and may require internet access in order to function properly at varying capacities. Consequently, you acknowledge that many features and services of the Virtual Phone and/or the Virtual Phone Software and/or Services transmit data and could entail charges to your data plan, and that you are responsible for any such charges.
2. Grant of License.
Subject to the terms and conditions of this EULA, you are granted a limited, non-transferable, non-sub-licensable, non-exclusive license to use the Virtual Phone Software on a single device, in connection with a phone number that may be assigned to you.
3. License Restrictions.
3.1. Except to the extent otherwise expressly and unambiguously authorized by PSS or, with respect to any restriction which is explicitly prohibited by applicable law, you shall:
3.1.1. NOT distribute or make the Virtual Phone Software available over a network. This EULA does not grant you any rights to use PSS proprietary interfaces and other intellectual property, for the design, development, manufacture, licensing or distribution of devices, accessories or software applications.
3.1.2. NOT, and you agree not to enable others to, modify, make copies of, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works of the Virtual Phone Software or any part thereof.
ANY SUCH FORBIDDEN USE SHALL IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE VIRTUAL PHONE SOFTWARE AND THE VIRTUAL PHONE.
3.2. You shall only use the Virtual Phone Software and the Services in compliance with all applicable laws, including local laws of the jurisdictions in which you use and/or download or use the Virtual Phone Software and Services, and the jurisdiction in which you reside. Features of the Virtual Phone Software and the Services may not be available in all languages or regions; some features may vary by region; and some may be restricted or unavailable from your service provider.
3.3. You shall comply with any United States export controls and all U.S. export laws, whether or not applicable. You represent and warrant that you are not: (i) located in or a national or resident of any country that is subject to U.S. trade sanctions; or (ii) on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
4.1. Title, ownership, and intellectual property rights in and to the Virtual Phone Software, including the telephone number that may be assigned to you, shall remain vested in PSS, which reserves all rights not expressly granted to you. You agree that the terms of this EULA will apply to any app that may be pre-installed on your Virtual Phone, unless such app is accompanied by a separate EULA, in which case you agree that the terms of that EULA will govern your use of that app. PSS may, from time to time at its sole discretion, change the telephone number that may have been assigned to you.
This license does not allow you to use the Virtual Phone Software or any portion thereof on any device that you do not own or control, and you may not distribute or make the Virtual Phone Software or any portion thereof available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Virtual Phone Software or any portion thereof.
7. Services and Third-Party Materials.
7.1. Your Virtual Phone may enable access to third-party services, apps, software and web sites (collectively, the “Services”). Use of these Services may require you to accept additional terms which you hereby agree to comply with, and may be subject to additional fees.
7.2. You agree to use the Services at your sole risk and that PSS assumes no liability to you for content, privacy policies, or practices of any third party that may be found to be offensive, indecent, or otherwise unacceptable to you.
7.3. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that PSS does not endorse any third party products or websites, and PSS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. PSS, its officers, affiliates and subsidiaries do not warrant or endorse, and do not assume any liability or responsibility to you or any other person for, any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
7.4. You are solely responsible for all communications of whatever type you conduct or store, and for any content of any kind that you transmit via the Virtual Phone and/or the Services. You shall refrain from using the Virtual Phone in any manner which is unlawful, or offensive or unacceptable to you. In the event of content of a third party which is unlawful, or offensive or unacceptable to you, you shall have no claims against PSS in connection therewith.
7.5. Services and Third-Party Materials that may be accessed, linked to or displayed on the Virtual Phone are not available in all languages or in all countries or regions. PSS makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access Services and Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. PSS reserves the right to change, suspend, remove, or disable access to any Services at any time, without notice or liability. In no event will PSS be liable for the removal or disabling of access to any such Services. PSS may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
PSS, at its discretion, may make available future updates for your Virtual Phone and/or the Virtual Phone Software. Such software updates, if any, may not necessarily include all existing software features or new features that PSS releases for newer or other models of Virtual Phones. The terms of this EULA will govern any software updates provided by PSS for the Virtual Phone and/or the Virtual Phone Software, unless such Virtual Phone Software update is accompanied by a separate license, in which case the terms of that license will govern.
This EULA is effective until terminated by PSS, in its sole discretion, at any time. Your rights under this EULA will terminate automatically or otherwise cease to be effective without notice from PSS if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, you shall cease all use of the Virtual Phone and the Virtual Phone Software and any right to use the same shall be revoked with immediate effect. In any event of termination of this EULA, you shall, without delay, destroy all copies, full or partial, of the Virtual Phone Software. It is hereby clarified that Sections 4, 5, 6, 9, 10, 11 and 12 of this EULA shall survive any such termination.
10.1. You expressly acknowledge and agree that, to the extent permitted by applicable law, the use of the Virtual Phone and any services performed by or accessed through the Virtual Phone is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy remains with you only.
10.2. THE VIRTUAL PHONE SOFTWARE IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIRTUAL PHONE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIRTUAL PHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.
10.4. PSS does not warrant that the functions contained in, or services performed or provided by, the Virtual Phone and/or the Virtual Phone Software, will meet your requirements, that the operation will be uninterrupted or error-free, that any Service will continue to be made available, that any will be corrected, or that they will be compatible or work with any third-party software, applications or third-party services. Installation of the Virtual Phone Software may affect the availability and usability of third-party software, applications or third-party services, as well as PSS products and services. Without derogating from the generality of the aforesaid, you hereby expressly acknowledge and confirm that you are aware that the device in which the Virtual Phone is installed is merely a platform for the Virtual Phone and the Services. You acknowledge and agree that PSS will not be responsible for any damage or loss in connection with your device, including but not limited to, the device’s original software. You acknowledge that the installation of the Virtual Phone Software could terminate the device’s original warranty, provided by the device manufacturer. You hereby irrevocably and unconditionally release, forever discharge and hold PSS harmless, from any and all complaints, claims, demands, liabilities, obligations, damages, losses, expenses, actions or rights of action of any nature whatsoever in connection with your device.
10.5. Should the Virtual Phone, the Virtual Phone Software or the Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PSS, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, RELATED TO YOUR USE OR INABILITY TO USE THE VIRTUAL PHONE, VIRTUAL PHONE SOFTWARE AND/OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PSS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.1. This EULA will be governed by and construed in accordance with the laws of the State of Israel, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
12.2. This EULA constitutes the entire agreement between you and PSS relating to the Virtual Phone Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and expressly approved by PSS.
12.3. If you have any questions regarding this EULA, please contact us by e-mail at email@example.com
You can find information about us and how we collect, use and store your personal data in each section of this Privacy Notice:
Purpose and Who We Are
The purpose of this Privacy Notice is to describe how Privacy Software Solutions Ltd., our subsidiaries, and our international branches (“Cubed Mobile”, “us”, “we”, or “our”), may collect, use, or share information about you through our online interfaces (e.g., websites and mobile applications) owned and controlled by us (collectively referred to herein as the “Site”).
Please read this Privacy Notice carefully to understand what we do. If you do not understand any aspects of our Privacy Notice, please feel free to contact us at firstname.lastname@example.org. Your use of our Site is also governed by our Master Service Agreement. Terms used but not defined in this Privacy Notice can be found in our Master Service Agreement.
Privacy Software Solutions Ltd. is an Israeli corporation with a registered office at Kibbutz Einat, POB 83, Israel. If you reside or are located in the European Economic Area (“EEA”) Cubed Mobile is the data controller of all Personally Identifiable Information (as defined below) collected via the Site and of certain Personally Identifiable Information collected from third parties, as set out in this Privacy Notice.
What Information this Privacy Notice Covers
This Privacy Notice covers information we collect from you through our Site. Some of our Site’s functionality can be used without revealing any Personally Identifiable Information, though for features or services related to the CM Product (the “Services”), Personally Identifiable Information may be required. In order to access certain features and benefits on our Site, you may need to submit, or we may collect, “Personally Identifiable Information” (i.e., information that can be used to identify you) (may also be referred to as “personal data” or “personal information”). Personally Identifiable Information can include information such as your name, email address, mobile or cellphone number, IP address, and device identifier, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Cubed Mobile. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you.
What You Agree to by Using Our Site
We consider that the legal bases for using your personal information as set out in this Privacy Notice are as follows:
Which legal basis applies to a specific processing activity will depend on the type of personal information processed and the context in which it is processed.
If we rely on our (or another person’s) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information.
We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time as described below).
If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by communicating to us your willingness to remove consent or delete your account and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide our Services to you.
What Information We Collect
We gather two types of information about users through the Site:
2. Personally Identifiable Information provided directly by you or via third parties. We collect Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or Services, complete a survey, sign-up for email updates, send us email messages, or uses the Services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific Services you select, send you updates about the Services, and send you email messages about Site maintenance or updates.
• Account Registration. If you register for an account on our Site, you may be required to provide us with Personally Identifiable Information such as your name, mobile or cellphone number and email address.
• Updates. Cubed Mobile may offer you the ability to receive updates either via email or by posting on portions of the Site as part of the Services.
• Identity Verification. Cubed Mobile may offer you the ability to verify your identity for select Services. In order to enroll for these Services, you may be required to provide us or our third-party identity verification vendor with Personally Identifiable Information such as your name, name of organization, address and date of birth. Subject to your consent, we may collect other personal information for your improved security or convenience, or for the purpose of fraud prevention.
• Communications with Cubed Mobile. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
• Surveys. We may receive Personally Identifiable Information when you provide information in response to a survey operated by us.
• Third Party Credit Card Processing. Cubed Mobile provides you with the ability to pay for CM Product and other Services using a credit card or other methods of payment through a third-party
Cookies and Other Technologies
We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns relevant to our Services. The information we obtain in this manner includes IP address and other identifiers associated with your devices, types of devices connected to our Sites, device characteristics (such as operating system), language preferences, referring/exit pages, navigation paths, access times, browser preferences and characteristics, installed plugins, local time zones, local storage preferences, clickstream data and other information about your online activities. We use on our Sites both first-party cookies (served directly by our website domain when you visit our Sites) and third-party cookies (if served by any third-party website or services with whom we have partnered when you visit our Sites and certain third-party websites with whom we have partnered). Some of these cookies are session cookies (which are automatically deleted when you close your browser) and others are persistent cookies (which remain on your computer or other Internet-connected device for a period of time after you end your browsing session, unless you delete them).
The cookies we may use on our Online Channels include (1) essential and functional cookies; (2) analytics cookies; and (3) targeting/advertising cookies, as described below.
Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.
To the extent required by applicable law, we will obtain your consent before using cookies or similar tools.
The providers of third-party apps, tools, widgets and plug-ins on our Sites (such as Twitter, LinkedIn and Facebook) also may use automated means to collect information regarding your interactions with these features or applications. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, Cubed Mobile is not responsible for these providers’ information practices.
How We Use the Information
1. Information relating to your use of our Site. We use information relating to your use of the Site to build higher quality, more useful Services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our Services and the Site.
2. Personally Identifiable Information provided directly by you or via third parties. Except as set forth in this Privacy Notice or as specifically agreed to by you, Cubed Mobile will not disclose any of your Personally Identifiable Information. In addition to the other uses set forth in this Privacy Notice, we may disclose and otherwise use Personally Identifiable Information as described below.
• Providing the Site and our Services. We use Personally Identifiable Information which you provide to us in order to allow you to access and use the Site and in order to provide any information, products, or Services that you request from us.
• Technical support and security. We may use Personally Identifiable Information to provide technical support to you, where required, and to ensure the security of our Services and the Site.
• Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Site or CM Product. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.
• Identity Verification. For Services that require identity verification, we may use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the Site were made by you. This Service may be provided through a third-party identity verification vendor.
• Auditing and Billing. We may use Personally Identifiable Information collected when you use or Site or Services, such as history of your actions, for auditing, billing, and for your future reference purposes.
• Communications with or from Cubed Mobile. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Notice. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so. Where we send you emails, we may track the way that you interact with these emails (such as when you open an email or click on a link inside an email). We use this information for the purposes of optimizing and better tailoring our communications to you.
• Disclosure to Cubed Mobile Operations and Maintenance Contractors. We may use service providers, vendors and contractors (collectively, “Contractors”) to assist us in providing our Services to you. Our Contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our Services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site or the CM Product. Access to
Retention of Personally Identifiable Information
We keep your Personally Identifiable Information for no longer than necessary for the purposes for which the Personally Identifiable Information is collected and processed. The length of time we retain Personally Identifiable Information depends on the purposes for which we collect and use it or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.
Confidentiality & Security of Personally Identifiable Information
We consider the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical, and administrative security measures to keep your Personally Identifiable Information confidential and secure, and will not share it with third parties, except as otherwise provided in this Privacy Notice, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment, we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails communications are typically not encrypted and should not be considered secure.
Updating or Deleting Your Personally Identifiable Information
You have certain rights in relation to your Personally Identifiable Information. You can access your Personally Identifiable Information and confirm that it remains correct and up-to-date, choose whether or not you wish to receive material from us or some of our partners, and request that we delete or provide you with a copy of your personal data by contacting us or, where applicable, logging into the Site and visiting your user account page.
If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via email@example.com. If you reside or are located in the EEA, you have the right to request that we:
We try to answer every email promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access logs, and other records, which may or may not contain your Personally Identifiable Information. Please also note that certain Personally Identifiable Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personally Identifiable Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity.
Questions, Suggestions, and Complaints
If you have any privacy-related questions, suggestions, unresolved problems, or complaints, as well as queries regarding our processing of Personally Identifiable Information, you may contact us via firstname.lastname@example.org. If you reside or are located in the EEA, you may make a complaint to the address stated above or seek a remedy through local courts if you believe that your rights have been breached.
California Privacy Rights (If Applicable)
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2019 will receive information regarding 2018 sharing activities).
To obtain this information, please send an email message to email@example.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Under the California Consumer Privacy Act (“CCPA”), California residents have the right to know what personal information about them is collected, request deletion of their personal data, opt-out of the sale of their personal data, and not be discriminated against if they choose to exercise any of these rights. Cubed Mobile does not sell any of the data we collect about you. If you would like to exercise any of the other rights afforded to you, contact us at firstname.lastname@example.org.
International Privacy Practices
Cubed Mobile’s Sites are primarily operated and managed on servers located and operated within the EEA. In order to provide our products and Services to you, we may send and store your Personally Identifiable Information (also commonly referred to as personal data) outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personally Identifiable Information. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EEA and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA to the extent feasible under applicable law.
Changing Our Privacy Notice
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Site. We will notify you of any material change to this Privacy Notice by posting a notice on our Site’s homepage for a reasonable period of time following such update or by sending an email to the email address associated with your user account, and by changing the effective date (located at the top or bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Notice.
No Information from Children Under 16
Cubed Mobile strongly believes in protecting the privacy of children. Any use or access by anyone under the age of 16 is prohibited. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Site from persons under 16 years of age, and no part of our Site is directed to persons under 16 years of age. If you are under 16 years of age, then please do not use or access this Site at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 16 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such Personally Identifiable Information.
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