PRIVACY POLICY
1. Purpose of Privacy Policy This Privacy Policy describes how LOBSTR collects, uses and discloses personal information from the User when he/she visits and uses the LOBSTR mobile application or website www.getlobstr.com (the "Service"). This Privacy Policy is only applicable to the Service, and not to any other websites that the User may be able to access from the Service. By using the Service, the User accepts the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, do not use any of our Service or give us any of your information. In addition, please review our Terms and Conditions, which may apply to your use of our websites and mobile applications. This Privacy Policy is incorporated by reference into the applicable Terms and Conditions. 2. Information collected from the User LOBSTR may collect information that can identify the User, such as their name and email address („personal information") and other information that does not identify the User. LOBSTR may collect this information through a website or a mobile application. By using the Service, the User authorizes LOBSTR to gather, parse and retain data related to the provision of the Service. 2.1 Information provided by the User In order to register as a user with LOBSTR, the User will be asked to sign in using his/her Facebook login. If User does so, he/she authorizes LOBSTR to access certain Facebook account information, such as the User's public Facebook profile (consistent with his/her privacy settings in Facebook), his/her email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of his/her Facebook friends who might be common Facebook friends with other LOBSTR Users. The User will also be asked to allow LOBSTR to collect his/her location information from his/her device when he/she downloads or uses the Service. The User may also provide LOBSTR some information such as dating preferences, search distance, optional demographic information, favorite restaurants. When the User selects another User with whom he/she would like to match, as well as a restaurant for a potential lunch date, this will only be known by the other User in case of mutual liking. 2.2 Information collected automatically LOBSTR automatically collects information from a User's device when he/she visits the Service. This information could include the User's IP address, device ID and type, his/her browser type and language, the operating system used by the User's device, access times, his/her device's geographic location while LOBSTR application is actively running, and the referring website address. Cookies and Use of Cookie Data. When a User visits the Service, it may assign its device one or more cookies to facilitate access to the Service and to personalize the User's experience. Through the use of a cookie, it also may automatically collect information about the User's activity on the Service, such as the pages he/she visit, the time and date of her/his visits and the links clicked. If the Service advertises, it (or third parties) may use certain data collected on the Service to show LOBSTR advertisements on other sites or applications. Pixel tags. LOBSTR may embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). The Service may use pixel tags to measure the popularity of its features and services. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad). Mobile Device IDs: If a User is using the Service, LOBSTR may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize the User. This is done to store the User preferences and track his/her use of the Service. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in "Settings" on the user iPhone. Ad companies also use device IDs or Advertising IDs to track the use of the Service, track the number of ads displayed, measure ad performance and display ads that are more relevant to the User. Analytics companies use device IDs to track information about the Service usage. 2.3 Information collected by third-parties for advertising purposes LOBSTR may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on the Service. These companies may collect information about the User who views or interacts with their advertisements. LOBSTR does not provide any non-anonymous personal information to third parties. 3. Information the User provides about himself/herself while using the Service LOBSTR may provide areas on the Service where the User posts information about himself/herself and others and communicate with others. Such postings are governed by the Terms of Use. Also, whenever the User voluntarily discloses personal information on publicly viewable pages, that information will be publicly available and can be collected and used by others. LOBSTR encourages the User to exercise discretion and caution with respect to his/her personal information. The Service may contain links to other websites. LOBSTR is not responsible for the privacy practices or content of those other websites, and it is the User's responsibility to review the privacy policies at those websites to confirm that he/she understands and agrees with their policies. 4. How LOBSTR uses the information LOBSTR may use the information collected about the User to (I) deliver and improve LOBSTR's products and services, and manage the business, (II) manage the User's account and provide the User with customer support, (III) perform research and analysis about the User's use of, or interest in, LOBSTR's or others' products, services, or content, (IV) communicate with the User by email, and/or mobile devices about products or services that may be of interest to the User either from LOBSTR or other third parties, (V) develop, display, and track content and advertising tailored to the User's interests on the Service and other sites, including providing LOBSTR's advertisements to the User when the User visits other sites, (VI) mobile application analytics, (VII) verify the User's eligibility, (VIII) enforce or exercise any rights in the Terms of Use, and (IX) perform functions or services as otherwise described to the User at the time of collection. 5. With whom LOBSTR shares the User's information LOBSTR does not make the User's personal data accessible for any third party, excluding the cases when (according to legal regulations) the disclosure of User's personal data to other companies, financial institutions or to public bodies is necessary and desirable for purposes of crime prevention and customer protection, and if it is stipulated and permitted by law. During disclosure of the User's personal data to third parties LOBSTR is always compliant with the legal regulation on data protection. 5.1 Personal information LOBSTR will not share the User's personal information with any third parties without the User's consent, except as necessary to provide the User with the Service, with third-party vendors, consultants and service providers who need access to this data to carry out their work for LOBSTR, to protect the rights or property of LOBSTR, in an emergency to protect the personal safety of LOBSTR's employees, customers or any other person, to the extent required during the negotiation of a merger, sale, financing or acquisition, or to comply with the law. LOBSTR may use the User's personal information to verify their identity, or to check their qualifications. LOBSTR may also use the User's contact information to inform them of any changes to the Service, or to send them additional information about LOBSTR. 5.2 Information Shared with Other Users The User's LOBSTR profile will be viewable by other Users of the Service, along with User's Facebook photos, any additional photos the User uploads, his/her first name, his/her age, education, job or workplace, approximate number of kilometres or miles away, his/her personal description and tags and information he/she has in common with the person viewing their profile, such as common Facebook friends and likes, as well as selected lunch restaurants. If a User checks (likes) another User who has also checked (liked) the first User, then these two Users will be able to exchange messages between each other. If a User accepts an invitation for a lunch date from another User, these two Users will be able to exchange messages between each other. 5.3 Service providers LOBSTR may share information, including personal and financial information, with third parties that perform certain services on LOBSTR's behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, and supporting the Service functionality. These service providers may have access to anonymous information needed to perform their functions but are not permitted to share or use such information for any other purposes. 5.4 Other Situations LOBSTR may disclose the User's information, including personal information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise LOBSTR's legal rights; to defend against legal claims, or as otherwise required by law. In such cases, LOBSTR may raise or waive any legal objection or right available to it. In order to accommodate changes in LOBSTR's business, LOBSTR may sell or buy portions of the company or other companies or assets, including the information collected through the Service. If LOBSTR or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer. 6. Aggregated and/or non-personal information LOBSTR may use the User's information to analyse the Service traffic, to diagnose problems with the Service, to administer the Service, or to display the content according to User's preferences. Traffic and transaction information may also be shared with business partners and advertisers solely on an aggregate and anonymous basis. 7. Bank data LOBSTR does not collect or process any bank data. The Apple App Store, Google Play Store and the Windows Phone Store have opted to refrain from sending certain data to mobile applications, which includes any banking and financial information. Such data is collected and processed solely by the above platforms, and LOBSTR does not have the option of changing this payment method. 8. Research preference data By default the app is set on the research of the opposite gender (man>woman- woman>man) and on the research of person that are 18 to 70+ years old. Users should modify and fill in the age range and gender of the people they are looking for in order to see only the profiles that fit their criteria. 9. Children's privacy Although the Service is a general audience service, we restrict the use of the Service to individuals age 18 and above. We do not knowingly collect personal information from children under the age of 13. 10. The User choices about collection and use of his/her information The User can choose not to provide LOBSTR with certain information, but that may result in the User being unable to use certain features of the Service. The Service may also deliver notifications to User's phone or mobile device. User can disable these notifications by deleting the relevant Service or by changing the settings on his/her mobile device. 11. How User can access his/her information If the User has a LOBSTR account, the User has the ability to review and update his/her information that he/she inserted in the Service by opening his/her account. Information provided via other services is accessible by accessing the User's account with such services. User also may delete his/her LOBSTR account at any time. If User deletes his/her account, LOBSTR will retain certain information associated with the User's account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce the Terms of Use, take actions LOBSTR deems necessary to protect the integrity of the Service or Users, or take other actions otherwise permitted by law. LOBSTR stores some information about the User as long as it is necessary and eligible to serve the attainment of the purpose the data were collected for, as well as until any legal regulations or contracts allow it. LOBSTR does not collect any unnecessary volume of or any unnecessary information or any information that is unsuitable for meeting the aim set before. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies. 12. How LOBSTR protects the User's personal information LOBSTR takes security measures to help safeguard the User's personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although LOBSTR takes steps to secure the User's information, LOBSTR does not promise, and the User should not expect, that personal information, chats, or other communications will always remain secure. Although LOBSTR takes steps to secure Users' information, in case of a hack LOBSTR excludes any liability towards its Users. The User should also take care with how he/she handle and disclose his/her personal information and should avoid sending personal information through insecure chat/message/email. 13. Visiting our Service The User is to be aware that the User's information may be transferred to, stored, and processed globally where LOBSTR's servers are located and LOBSTR's central database is operated. By using the Service, the User understands and agrees that his/her information may be transferred to LOBSTR's facilities and those third parties with whom LOBSTR share it as described in this Privacy Policy. 14. Changes to this Privacy Policy LOBSTR reserves the right, at any time, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Service and without any other notice to the User. Any such change, update, or modification will be effective immediately upon posting. If any changes are made to this Privacy Policy LOBSTR will reflect the "Last Revised" date above. It is the User's responsibility to review this Privacy Policy from time to time to ensure that the User continue to agree with all of its terms. 15. Contact information Please contact LOBSTR by email by using the following address: [email protected]
TERMS AND CONDITIONS OF USE
INTRODUCTION Welcome to LOBSTR - go on a lunch date ("LOBSTR") and its mobile platforms (including but not limited to iOS and Android, etc), the service that lets you find people to converse and arrange a lunch at a public restaurant of mutual choice. By using one of LOBSTR’s platforms, you agree to be bound by these Terms of Use ("Terms"), that regulate the usage of the app LOBSTR - go on a lunch date (onward referred to simply as "App"). The App and the website www.getlobstr.com belong to Aleksandar Stojanoski. Please read these Terms to get to know the conditions of use of the App and of our services to help you decide if you would like to access and use our App and services. If you object to anything in these Terms or our Privacy Policy, do not use the App on any of the platforms. These Terms apply from 1 May 2016 onward. The Terms are subject to change by LOBSTR at any time, effective upon posting on the LOBSTR website (www.getlobstr.com), These Terms may change to reflect changes in the App, LOBSTR’s services, LOBSTR’s policies or commercial practices, technological advances, law changes or regulatory norms and good commercial practices. Your use of the App after such posting will constitute acceptance by you of such changes. By accessing, using and/or downloading the App and/or using our services, interacting with systems developed by LOBSTR, sending a text, photo or video or transmitting information in any other way to and/or through our App, or a user account, you will agree, in the most definitive and thorough way with every term, clause and condition of these Terms. LOBSTR, as the owner responsible for the App’s administration, requires that, before you express your agreement, you read these Terms attentively. If you have any questions, please contact us via the contact information listed at the end of these Terms to find an answer to your question(s) before using our services and our App. If you are under 18 years old, you should not use our App or services or send your personal data to us. In addition, you must not have been convicted of any offence or subject to any court order relating to violence, sexual misconduct or harassment. If you, or your parents or guardians, do not agree with these Terms, you should not use our App, interact with the systems developed by LOBSTR, access the content available in the App, download the App or make any type of comment or send texts, photos or videos to LOBSTR and to our App. These terms do not apply to Internet pages or Internet applications of third parties and/or services and products supplied by third parties, even though they may have connections to our App, which have been announced or highlighted on the App or which may have been accessed, in any whatever form, through the App. If LOBSTR changes these Terms, a new updated version will reflect such changes. LOBSTR will notify you about any and all change to these Terms. SERVICES AND CONDITIONS OF USE The parties of these Terms are LOBSTR and the user of the App (onward referred to simply as "User") who, with regards to these Terms, is the person who is identified when there is the need to fill in the necessary information to download and/or register on the App, information which is personal and non-transferable and is assumed to be true for all ends and purposes of right, with the User exclusively and directly responsible, for their veracity. The App provides the User a platform for social interactions in which the User may connect, interact, socialize and talk with other Users who are automatically suggested by the App and who are looking to meet someone for lunch in a public restaurant and who may share interests, common friends and have selected restaurants in the proximity of each other (onward referred to simply as "Suggested Users"). The Suggested Users will be any other App’s User, including, but not limited to, Users who have friends, interests, communities, activities or connections in common with the User in the social networks linked to the App, or who are related, in any other way, within their social networks and have selected restaurants in the proximity of each other. The User agrees and acknowledges that Suggested Users may have access to all of the User’s data which is available in the App, including the registration data. In the event the User expresses interest in a Suggested User and, as long as the Suggested User also expresses interest in the User, the App will allow the User to interact and talk with the Suggested User. The User may, at any time, permanently block the Suggested User with whom there has been contact. LOBSTR also allows any other user in the App to contact the User, even if the User has not expressed interest in the other user. This will be done by sending INVITES to a selected restaurant. The User can decline or accept the INVITE to a lunch. If declined, the other user will no longer be able to contact the User. If accepted, the users will be able to chat using the LOBSTR messaging service. DOWNLOAD, ACCESS AND REGISTRATION Download and accessing the App may be done through any device which has Internet access and which has an operating system and browser compatible with the App. The User is solely responsible for obtaining, hiring and paying for the services and products of third parties necessary for the download and access to the App, including, but not limited to, Internet service providers, mobile network service providers and software suppliers. LOBSTR recommends that the User check with such third parties regarding the terms of the hiring of their services and products before initializing the utilization of such products and services. To access the App and interact with the Suggested Users, the User must download the App through the application store compatible with their device. Downloading and accessing the App is free. [LOBSTR may charge in the future] Users less than 18 years of age must download and register in the App and agree to these Terms with the representation, consent and/or assistance of their parents or guardian. After downloading the App, the User must register in the App, supply some personal information and allow the App and LOBSTR to access and use some of the User’s personal information available on their social networks and their device. The User agrees and recognizes that, in the case that he or she does not allow or wish for the App and LOBSTR to access their personal information, he will not be able to use the App and interact with Suggested Users. The personal information of the User may be shared by LOBSTR or the App with the Suggested Users. The User must supply only his or her personal information that does not violate any third party rights, including, but not limited to, the rights of the Suggested Users. User registration should be made through the use and supply of information of the User’s actual Facebook account and/or any other social network chosen by LOBSTR. By providing information from Facebook to access the App, the User expressly allows LOBSTR to receive some information available on the User’s Facebook profile or through it, including, but not limited to, profile information, profile photo, names of known friends, photos, gender, age, work, education, interests, privacy settings and any other information made available by the User on Facebook. LOBSTR will not generate or publish any information on the news feed or on the News and Time Line of the User’s Facebook account, unless expressly requested by the User. The User allows Facebook to receive information regarding their activity on the App. Facebook is a service supplied by Facebook Inc., in relation to which LOBSTR has no responsibility whatsoever. By supplying your information through the App and/or using his/her login information for Facebook to register on the App, the User allows LOBSTR a free license, not exclusive and valid, whilst the User fails to expressly manifest his desire to have his personal information excluded according to which is indicated at the end of these Terms, for usage, reproduction, transmission and exhibition of information obtained on Facebook and other registration information and App utilization associated with the use and participation on the App. The User must (i) update immediately their registration personal data in order to keep them true, precise, actual and complete, (ii) keep their login information in secrecy (login data and password); and (iii) always leave and/or log off, adequately, of their account at the end of each session and/or access to the App. The User must not (i) select or use the Facebook account or email address of someone else with the intent of posing as them, (ii) use a name or Facebook login information of someone else without their consent, (iii) use an email address which is disrespectful, offensive or inappropriate in any other way; and/or (iv) allow anyone else to use their account. The User agrees to notify LOBSTR immediately regarding any unauthorized use, confirmed or suspicious, of their account or any security violations, confirmed or suspicious, including the loss, theft or unauthorized divulgation of their username, password or Facebook login credentials and/or their device. The User agrees and recognizes that he will be responsible for all the activities which take place in any account created for his/her use of the App, even if such activities won’t be made by the User. LOBSTR will not be held responsible for any loss or resulting damage of the use by someone else of the account or password of the User, with our without their consent. LOBSTR recommends that the User takes some measures which enable him/her to protect their password and its login credentials, such as, yet not limiting to, (i) do not write their password on papers or logic files; (ii) not using passwords which are easily guessed such as: birth date, license plate, etc.; (iii) do not lend or share a password with other Users or with the Suggested Users; and (iv) change the password periodically. The User agrees and recognizes that he needs to select at least one restaurant in order to see any Suggested Users in the App. The information on all restaurants in LOBSTR is provided by a 3rd party service called Yelp and LOBSTR will not be held responsible for any of the information provided on the restaurants by Yelp. LOBSTR will not be held responsible by any App use, LOBSTR Information (according to the definition given below) and the interaction of the User with the Suggested Users. LOBSTR does not guarantee that its services, App and LOBSTR Information will take any part in improving or succeed on the relationship between the User and the Suggested Users, in the way described in these Terms. LICENSE OF USE By these Terms, after the download and/or first access to the App, LOBSTR approves a license of use to the User, which has a non-exclusive, non-transferable and revocable character for the use of the App. The App’s license of use is limited to the right of use of the respective App on a device which belongs or is controlled by you and in conformity with all the rules of use which are periodically made available by the applicable supplier for the platform for applications on mobile devices. You cannot take any measures which may hurt, limit or interfere with the ownership and the reserved rights regarding the App which belong to LOBSTR. You recognize, from this moment on that, any copies or unauthorized use of the App is a violation of these Terms and is an act expressly prohibited. The User is the sole responsible for verifying if they have the necessary system requirements (technical settings) to have access and to use the App. LOBSTR may alter the system requirements for the access and use of the App at any time and for any reasons, including, yet not limiting to, technological upgrades. The User agrees and recognizes that, if one does not possess all of the system requirements and/or won’t upgrade their used device for accessing the App, the access and/or utilization of the App will be affected and/or cancelled. LOBSTR may upgrade and/or make changes to the App, at any time, without previous notice. The upgrade and/or modification of the App will require the User to upgrade their device’s operating systems and/or make the App unavailable for a certain operating system, operating system version and/or device. LOBSTR may interrupt the access to the App periodically in a previously programmed fashion with previous notice to the Users, with the purpose of executing some sort of preventive maintenance on the App. LOBSTR may also interrupt the access to the App, independently of a previous notice to the Users, every time that an intervention of corrective nature is required by a matter of urgency. The User agrees that, beyond the preventive maintenance and/or corrective hypotheses here predicted, the access to the App may also be interrupted by force majeure, fortuitous case and any other motive which is beyond the control and will of LOBSTR. INTERRUPTION OF ACCESS AND RESCISSION A User may cancel their account on the App by (i) asking LOBSTR to close the account, at any time, by clicking "delete my account" on the preferences tab inside the app; (ii) in the event of the User disabling their access, by LOBSTR, of their available information on their Facebook account; (iii) in the event of the User’s Facebook be cancelled and/or terminated; or (iv) LOBSTR may at any time, without previous notice, with or without motive, and with immediate effect, cancel a User’s account. The User shall not be entitled to any sort of compensation. After the cancellation and/or termination of a User’s account, LOBSTR will not have any obligation to store the User’s personal data, unless required by applicable law LEGAL NOTICE The User must assume full responsibility and accept all of the intrinsic risks of using the App. The App and LOBSTR Information are presented "as is", they were not made to fulfill any special needs and may include some technical imprecisions or typos. LOBSTR reserves the right to add, exclude or modify the LOBSTR Information and any other part of the App, in its whole or in part, at any time, without previous notice. LOBSTR offers no guarantees whatsoever regarding LOBSTR Information and the App. In this act, LOBSTR absolves itself of any responsibility by declarations or guarantees, expressed or implied, according to the law, contract, license or other instrument, including, without limitation, any warranty of fitness of the App and LOBSTR Information to a specific end or non-infraction to the applicable laws. LOBSTR won’t be, by any chance, responsible for any damage, of any type or nature, including, without limitation, any direct damage, indirect, moral or ceasing profits, caused by or related to the existence or use of the App and/or LOBSTR Information. LOBSTR will not be held responsible and will not offer any accuracy guarantee, effectiveness, opportunity and suitableness of any sort of information, content, product or service supplied by third parties, including hyperlinks to third parties pages. LOBSTR does not guarantee that the App and LOBSTR Information or the access to the App or your account be clear of mistakes and/or that the App, LOBSTR Information and the access to your account be available 24 hours a day for 7 days a week. LOBSTR reserves the right to make the App, LOBSTR Information and the access to the App and your account unavailable for the time period necessary for maintenance and/or improvements implementation. The User recognizes and agrees that the unrestricted access to the App depends on the link of their Facebook account to the App. LOBSTR will not be held responsible for the validation of their registration through Facebook. TERMS OF USE By using the App, the User agrees not to alter, corrupt or intercept any electronic data published or stored on the App, Facebook, Yelp, or LOBSTR´s servers. The User also agrees to not violate any of the App’s security measures and to comply with all applicable legislation. The User grants LOBSTR the right to use all of the content provided by him/her or in any other way transmitted by the User to the App, which is subject of the dispositions of these Terms, at LOBSTR’s will, including, with no limitation, the copy, exhibition, execution or publication of the referred content in any format, modifying it, incorporating it in other materials or developing materials which are based on such content. The User assumes all responsibility for information provided to LOBSTR, including its veracity and accuracy, and recognizes that providing information which is false, untrue, incomplete, not up-to-date or incorrect may be misleading to LOBSTR and/or the other users. USERS CONTENTS You agree and recognize that your use of the App, your interaction with the Suggested Users and the published or transmitted content by you to the App (onward referred to simply as "User Content") must not be offensive to third parties, brake third parties’ rights and/or cause any damages to third parties. It will not be allowed, by any means, content which contains: (i) use of any sort of expressions, signals or words which are against the moral and good manners; (ii) terms which offend the honor or image of people, products, companies or nature, the environment, physical venues and so on; (iii) signs or word which offend the freedom of consciousness, religion, gender, idea or feelings of people or associations; (iv) use of the brand of third parties; (v) signals of people/notorious personalities; (vi) public signals (coats of arms, weapons, medals, flags, badges) or of political parties; (vii) incentives to bad manners, violence or drugs; (viii) well known sports symbols; (ix) well known patronymic names; (x) literary, artistic or scientific work recognized or (xi) prejudiced, awkward, pornographic or similar note. You will be responsible for providing financial compensation to LOBSTR, the Partners, the Suggested Users and/or any other third parties for direct, indirect or moral damages or ceasing profits, caused by or related to your use of the App and the User Content. LOBSTR will not analyze nor make any type of control whatsoever, moderation or censorship of any User Content before it is stored and/or shared. Any User Content stored on the App is not and will be not endorsed by LOBSTR. You allow to give and/or license to LOBSTR all the rights of intellectual property, including, yet not limiting to, author rights and neighboring rights that are necessary for the LOBSTR services to be provided and for the User Content to be stored by LOBSTR. You may require at any time that any User Content be excluded from the App through the use of electronic message to the e-mail featured in the end of these Terms. LOBSTR will remove the User Content of their databases and of the App as soon as it is technically possible, yet will not be held responsible for gathering the User Content of any databases of third parties and/or of Facebook. In the event that LOBSTR has any reason to believe that and/or be notified by third parties, including Partners, that your use of the App and that the User Content causes damage or may cause damage to third parties and/or violates and/or may violate any rights of third parties, including, yet not limiting to, image rights, privacy and/or rights of intellectual properties of third parties, such as author rights and brands, LOBSTR may immediately cancel your account and remove the User Content and made it unavailable for any third parties. INTELLECTUAL PROPERTY The App and any other information, documents, images and software published by LOBSTR on the App (known as "LOBSTR Information " as above mentioned) are of exclusive property of LOBSTR, of companies in any way related to LOBSTR, or were properly licensed to LOBSTR, except the User Content. It is not allowed any type of use or reproduction, commercial or not, of the LOBSTR Information without previous and express authorization of LOBSTR and/or its owners. There is no concession, express or implicit, of license or right to anyone else, related to any author right, brand or other right of intellectual property of LOBSTR and/or of third parties. None of the brand or trade names or images of services provided by LOBSTR or contained in the App or in the products or services of LOBSTR may be used without previous authorization, in writing, of LOBSTR. The User should not (i) remove brands, warnings of author rights or any other warning included in any content, material or distinctive mark supplied in the App, (ii) reproduce, download (except the storage of pages in cache), modify, publish, distribute, transmit, disseminate, spread, transfer, license, sell, rent, lease, adapt, create sub products, exhibit or publicly execute, or explore in any other way content, material or individual element provided by the App, without the previous written agreement by LOBSTR, (iii) make any type of commercial use or derived of any resource of the App or any other content, material or individual element provided by the App, (iv) use boards or framing techniques to attach any content, material or individual element provided in the App, without the previous written agreement by LOBSTR, (v) use any tool for violation, meta-tag or any other hidden text using the name, the brand and the LOBSTR’s URL or the name of any of the App’s resources without the previous written consent of LOBSTR or (iv) disassemble, decompile, or reverse engineering the App or any other material made available in the App or used in the supply of any other of the App’s resources. SPAM Spamming may be defined as the transmission of e-mails or non-solicited information, generally of commercial character, in massive quantities and repeatedly to people with whom the sender has not had any previous contact or that declined to receive the referred messages. LOBSTR is not conniving of the spamming practice, and will only send e-mails to the App’s Users with their authorization or which be related to the App supplied by LOBSTR. PRIVACY AND SECURITY LOBSTR understands the importance of the privacy to their Users. The use that LOBSTR makes of the personal data which identifies the Users and the private communications which happen within the App is in agreement with the applicable legislation. For clarification purposes, LOBSTR’s security measure and confidentiality involve, among others, firewall services and authentication and validation of the users involved on the data treatment and User’s communications. To register in the App and use LOBSTR’s services, LOBSTR may require that you supply some personal information, including, yet not limiting to, your name, address, e-mail, gender, birth date, phone number, contact information, age, love preferences and other data which may enable your identification. Additionally, LOBSTR may gather demographic information of non-identifiable character. LOBSTR may also gather information simultaneously and associate the two types of information mentioned. LOBSTR may obtain data on the accessed sections within the App and their form of use. Besides that, information about the hardware you use to access it and software that is installed on your device with access to the Internet may also be gathered by LOBSTR. Such information may include your Internet Protocol address (known as "IP"), browser type, operating system, information inserted on forms and times of access. Except if in any other way predicted in these Terms, LOBSTR will not have access, nor will try to access, your personal data, except those that you, free and voluntarily, supply through the App. You recognize and agree that LOBSTR, in legal compliance to the Law 12.965/2014, keep access registers of the App within a 6 (six) months period. You guarantee that your personal data that were provided to LOBSTR are true and correct and do not include third parties data, being you the sole responsible for communicating any alteration that may have taken place regarding this matter. Your information may be accessed by a limited number of LOBSTR’s collaborators, by certain companies with which LOBSTR may have commercial partnerships, and by third parties hired to develop commercial activities for LOBSTR (onward referred to as "Partners"). LOBSTR’s employees receive training on the importance of privacy and how to deal with the Users’ data and manage them in an appropriate and secure fashion. LOBSTR demands from its Partners that your personal information is kept confidential and that it will not be used for non-authorized ends. Besides this, you recognize and agree that your information may be shared by third parties to the extent necessary to allows us to make a corporate merger, acquisition or sale of all or part of our assets. LOBSTR uses the data obtained by the App, being them of personal, demographic, collective or technical character, to administrate and run the App and other applications and services provided by LOBSTR, personalize the App and the LOBSTR Information, target publicity campaigns, answer questions you may ask regarding our App, avoid possible prohibited or illegal activities, to make available, offer, operate or improve the App and the other applications and services provided by LOBSTR, to make your record regarding the other applications and services provided by LOBSTR, as well as to get in touch with you. The App may contain images known as web beacons (also known as "single-pixel gifs") that allow LOBSTR to count the number of user of the App. Web beacons are not used to access your personal information, but are a technique used to make collective statistics about the App’s use. Web beacons collect only a limited amount of data including a cookie number, time and date of the visit to a site and a description of the place where the web beacon is. For the purpose of reference, cookiesare packages of data connected to data of non-personal character about the user, stored temporally in your device. Web beacons, due to their technical characteristics cannot be disabled or rejected. As for cookies, these can be disabled or can have their configuration changed on your device. You must contact your device’s supplier in case you would like to change the cookie’s related configurations. LOBSTR uses cookies when you access the App. Thanks to cookies, LOBSTR can recognize you after you have accessed the App, allowing you to have a customizable experience. LOBSTR may supply your personal data and/or User Content whenever it is allowed by the applicable legislation and/or solicited by any type of governmental authority or determined by judicial decision. You recognize and agree that, by sending your User Content and/or route personal information that identify you or third parties to LOBSTR, although LOBSTR has the necessary resources to avoid the non-authorized access or the interception of their information and/or the User Content, there is no absolute guarantee of security. In the case of any interception or non-authorized access, despite our efforts, LOBSTR will not be held responsible for such interceptions or non-authorized accesses, or by any other direct, indirect, moral damage or ceasing profits that you or any other third parties may have suffered. LOBSTR does not guarantee that the information supplied by the User of the App will not be object of interception or non-authorized access. Each User of the App is responsible for the guard and maintenance of the confidentiality of the password they use to access the App. So, if, by any reason, the confidentiality of your password has been compromised, please contact LOBSTR immediately. In case you want to have access to and/or want to change and/or want to exclude your personal data that are stored by LOBSTR, you can do it through the means of contact which are mentioned at the end of these Terms. LOBSTR will not have any obligation whatsoever of soliciting to third parties who may have had access to your personal data that your personal data be excluded and/or changed, in agreement with your solicitation. All of your information is collected and stored on servers which are LOBSTR’s property or of their Partners which are located on the United States of America and in countries localized on South America. LOBSTR may, in the future, reallocate its data to another Partners’ servers, localized in any other country, with the end of hostage, storage, recovery or backup. In the case of you accessing the App using your Facebook access account, LOBSTR may share your personal data with Facebook and through Facebook. The share and use of the personal information of the User by Facebook are ruled by Facebook’s Privacy Policy. GENERAL PROVISIONS You agree that these Terms describe the integral arrangement between us, which concern the matter in hand. The App is kept in agreement with the Laws of Brazil, which rule these Terms. The Forum of the City of London, United Kingdom, is elected to manage any questions regarding the use of the App, with express renounce to any other, much as privileged as it is or may be. In the case of wanting to contact LOBSTR to any solicitation as predicted in these Terms, you should contact LOBSTR, exclusively, through the e-mail: [email protected]