Terms and Conditions
LINCKARD | TERMS OF SERVICE
Last updated: May 2nd, 2019
These Terms of Service regulate the use of the website (the “Services”) provided by LINCKARD LLC., a company incorporated in Delaware, United States (“Linckard”). This is a binding agreement between Linckard, and you or the entity you represent (“User” or “you”).
The User represents to Linckard that he or she is lawfully able to enter into contracts (e.g., is not a minor). If the User is entering into this Agreement on behalf of an entity, the User represents to Linckard to have legal authority to bind such entity.
By using or accessing the Site or any application, product, software, or Service provided through it (all of them referred to in conjunction with the Site, the “Platform”), the User accepts these Linckard Terms of Service, and the other rules, policies and procedures that may be published and / or eventually updated in the Platform.
Access to the Platform is subject to the User’s acceptance of these Terms of Service and Privacy Policies. If the User does not agree with them, the User must not access the Platform or the Services provided.
- DESCRIPTION OF THE SERVICE
Linckard allows Users to generate profiles and customize cards. The Platform also allows access to a global directory, to connect with other professionals and companies.
When entering the site, the User may choose between different alternatives according to their needs. The services offered are the following:
Professional Profile: includes the design and customization of a professional profile in a digital card format, with personal and professional information provided and completed by the User, allowing immediate contact as well as to appear in a global directory.
Company Profile: intended for commercial or non-profit entities that want to promote their business, organization, brand or idea. The company may include information of its members, employees or collaborators and promote their products or services.
Partner Profile: Users registered with the Professional and / or Business profile may delegate the customization and design of their cards to a third party registered as a “Partner”, who will be part of the community of designers, digital agencies or resellers. The Partners’ community is integrated by graphic design agencies, communication, branding, advertizing, marketing, and independent designers also known as “freelancers” and “digital nomads”. These agencies and designers work will be qualified by the Users. Users can choose a member within the Partners’ community and connect through the Platform. The Partner may charge professional services for designing the cards directly to the User. Linckard is not responsible for the relationship between the User and the Partner. Linckard only charges for the license of the Linckard plan selected by the User, which can be paid either by the User or by the Partner. Once the User selects the desired profile, the User can customize the Linckard card according to his or her preference.
- ACCOUNT REGISTRATION
The User must create an account to access the Services. The User agrees to (a) provide true, accurate, current and complete personal information as prompted by the Services’ registration, sign-in, or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If the User provides any information that is untrue, inaccurate, not current or incomplete, or Linckard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Linckard has the right to suspend or terminate the User account and refuse any and all current or future use of the Services (or any portion thereof). The User is responsible for any and all activities that occur under the User’s account. The User undertakes not to share the account information or the user name and password with any third party or permit any third party to login to the Services using the account information.
The User agrees to immediately notify Linckard of any unauthorized use of the account or any other breach of security of which he or she becomes aware. The User is responsible for taking necessary precautions and providing security measures best suited for the situation and intended use of the Services.
The User may register using a personal e-mail and password or social network account. If the User decides to connect through a social network account (or later to link the account to one), Linckard will receive the account details typically provided by such service such as the name, profile picture, and email address. If the User decides to register with a personal e-mail, the User will be required to fill-in: user name, email, and password. In order to stop sharing personal information with Linckard, access through the social network should be terminated and User’s account deleted in Linckard’s My Account section.
- ADVERTISING OR PRIVACY OF THE CARD
The Platform allows the User to choose whether the card is public or private. By selecting the “public card” option, the User authorizes the card to be viewed in the catalog of samples of the Platform and in Linckard’s directory by any person with access to the Site, which will part of the so called “Global Directory”. If the User wants the card to be only accessible by the User himself/herself or to Users to whom the card(s) was shared with, the User should not check the “Visible in Linckard’s directory” option and thus configure the card as private.
By choosing the public profile, the information and content that is shared may be visible by other subscribers or visitors, as well as online browser searches outside the Platform.
The User may modify the privacy of the profile whenever he or she wishes, changing from pubic to private or vice versa from the My Account section, accessing configuration of the SAVE tab and switching to “public mode card” or “private mode card”.
The Platform offers three types of “Professional” plans:
– “Freemium”: at no cost.
– “Custom Pro”: for Users who wish to personalize the design of their card(s) as well as the digital signature.
– “Premium”: with more advanced features.
Prices of the Professional plans are published in the section: https://loyalty.linckard.com/en/pricing/
Users who choose the “Custom Pro” or “Premium” plan may select the payment method of their choice. Once the required fields are complete, the User must select “Upgrade” and the methods of payment will be enabled through the Platform or online payment gateway. User may select monthly or annual recurrent payment. The payment will be confirmed when the following message appears on the User’s screen: “Your payment was successfully charged!”
In the event that an error occurs when processing the payment, please check with your bank or your credit card provider for the reason of the error. Prior to this, also verify:
1) Data provided. Verify that the data entered is accurate.
2) Expiration date of the card. The card could have expired. In such case, the User must check that the card has not expired (see expiration date on the front of the card).
3) Check that the purchase amount does not exceed your credit limit.
4) Other errors: in case that error persists, it is recommended that the User consult with its bank and/or credit card provider.
- CANCELLATION POLICY
The User may cancel the Linckard service at any time, through the Platform menu “My Account”, “Delete account”.
Payments made prior to the withdrawal are not refundable; except in cases of annual subscription: A User who paid the annual subscription for the service, and cancels the service within 30 days from the moment of payment, shall receive a 50% refund. Following the aforementioned 30-days period, the amount paid shall not be refundable under any circumstances.
It is the User responsibility to cancel the monthly subscription of the service from the platform or the payment gateway by selecting the Freemium plan.
Linckard is not responsible for the negligence of the User in canceling the subscription since the payment gateway is an entity independent from Linckard and only the User is authorized to eliminate the recurrent payment processing and accessing to the respective account.
- LIMITATION OF LIABILITY
The User understands and accepts that neither Linckard nor its affiliates and / or shareholders and / or employees shall be liable for direct, indirect, incidental, special, indirect, or punitive damages that the User may suffer, regardless of their cause, as a result of the use of the Services.
The User undertakes to indemnify, release and exonerate Linckard, its affilates and / or shareholders and / or employees from all liability for any loss or damage, personal injury or demands, judgments, suits settlements or disbursements of any kind or nature arising from: (a) the User negligence or willful misconduct; or (b) User breach of this Agreement.
To the extent allowed under law, Linckard and its affiliates (a) disclaim all implied warranties and representations (e.g. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and no infringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
The Website, Platform and Services, as well as all texts, graphics, user interfaces, visual interfaces, images, commercial brand, trademarks, logos, sounds, music, illustrations, and other content therein are owned by Linckard, and are protected by copyright, patents, trademarks and / or other intellectual property laws (hereinafter, “Content”).
Linckard grants Users a non-exclusive, revocable, non-transferable, non-sub licensable license over the Content, to access the Platform in accordance with these Terms of Service. Users will not remove any copyright, trademark or other proprietary notices from the material found on the Services. Any license to the Content not expressly granted in these Terms of Service shall be deemed not granted, and such Content may not be used in any way without the express prior written consent of Linckard. The User under no circumstances may modify, copy, or create derivative works based on the Platform and / or sell, redistribute, market, rent, and / or sublicense.
Linckard grants a limited, revocable, non-exclusive and non-transferable license to access and use the Services. The User will not (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any content included in the service (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the service (c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service. Any unauthorized use automatically cancels the consent and / or licenses granted.
The User shall hold harmless, defend and indemnify Linckard and its affiliates, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning: (a) the User or any end users’ use of the Services; (b) breach of this Terms of Service or violation of applicable law by the User or end Users; or (c) a dispute between the User and any end User. The User will reimburse Linckard for reasonable attorneys’ fees, as well as Linckard employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims.
- ENTIRE AGREEMENT
This Terms of Service is the entire agreement between the User and Linckard regarding the subject matter of this Terms of Service. This Terms of Service supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the User and Linckard, whether written or verbal.
If any provision of this Terms of Service becomes invalid, the provision will be limited or eliminated to the minimum extent necessary so that the other provisions of this Terms of Service remain enforceable.
If the User or Linckard cannot exercise the rights and powers that emanate from these Terms of Service, this will not be considered a waiver of the continuation of the other rights and powers established in them.
Linckard may at any time limit, cancel, suspend or terminate the provision of Services, in completely or in part, if: (i) the User breaches any provision of these Terms of Service; (ii) Linckard is required to do so by law or by an order of a competent authority, or (iii) Linckard decides to permanently suspend the Services. In such cases, termination will not entitle Users to receive any type of compensation and / or reimbursement.
Linckard may assign, transfer or delegate any of its rights and obligations without the need for consent by the User.
- JURISDICTION AND COMPETITION
The User accepts that any controversy derived from this Terms of Service, their existence, validity, interpretation, scope or fulfillment, will be resolved exclusively in the Jurisdiction of the Courts of Delaware, United States.
- CHANGES TO THIS TERMS OF SERVICE
Should you have any questions or comments about the Service and / or the Terms of Service, please contact Linckard at the following email address: firstname.lastname@example.org
Last updated: May 3, 2019
LINCKARD LLC. is the controller of the personal data collected or processed in connection with Linckard products and services. The following policies are applicable to the personal data and information collected when by the use of the Services.
- Information that is collected.
- Representation and warranties.
- Type of information collected.
- Use of personal information.
- Retention of the information.
- Online advertizing.
- Third party links and services.
- Access and data subject rights.
- Legal basis.
- Notifications, questions or comments.
- INFORMATION COLLECTED
Linckard collects personal information when Users request to access Linckard cards and / or profiles. The User may register using their personal e-mail and password or a social network service. If the User decides to connect through a social network account (or later link an account to one), Linckard will receive the name, profile image, email address and other information that may be provided by such service. If the User decides to register with a personal e-mail, he or she will be required to fill-in for user name, email, and password.
The User represents the veracity, accuracy, validity and authenticity of his or her personal data. Linckard reserves the right to validate or confirm the veracity of personal data through any public or private entities.
- REPRESENTATION AND WARRANTIES
Linckard does not knowingly collect personal information from Users under 16 years of age. If there are reasons to believe that personal information has been collected from or about a minor of 16 years of age, kindly report by email to email@example.com
- USE OF PERSONAL INFORMATION
The information collected is used as follows:
- Account Registration;
- Use of the account;
- Customization of Linckard cards;
- Management of the Services provided by Linckard to the Users;
- Optimization or improvement of the products, services or operations available on the Platform;
- Send information or notices to the email provided by the User. The messages may contain (without limitation) advertizing and promotions about Linckard services, passwords for the use of such services and reminders of payment deadlines;
- Customer service and support requests or other assistance;
- Communications related to the Service, such as account verification or technical notifications. When entering the Platform the User may wish to subscribe to the communications sent by Linckard. Linckard wishes to keep Users updated at all times about promotions, news, changes, etc. Users can at any time select the e-mails and promotional information they accept to receive from Linckard.
Users may cancel the subscription at any time by either changing the preferences in the e-mail, or by following the instructions that Linckard provides in the communications or by accessing the Profile preferences.
- HOW INFORMATION IS PROTECTED
Linckard constantly seeks to adopt appropriate measures to ensure data security, however, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. Linckard encourage Users to take all necessary measures to protect their personal information and prevent unauthorized access to their password or account by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping their login information private. Linckard is not responsible for any lost, stolen, or compromised passwords, or for any activity on the User account via unauthorized password activity.
- INFORMATION RETENTION
Linckard retains the information as long as required to satisfy the purpose for which it is collected and used (for example, for the time necessary for Linckard to provide the User with customer service, answer queries or resolve technical problems), unless a longer period is required by law or to establish, protect, or defend legal claims.
- ONLINE ADVERTIZING
Linckard may include third-party advertizing and links to other websites and applications, using the following data, independently or in combination:
– Data from advertizing technologies on and off our Services, such as web beacons, pixels, ad tags, cookies, and device identifiers;
– Data provided by Users (for example, profile, contact information, title and industry).
– Information from advertizing partners and publishers.
Linckard may display ads called “Sponsored Content,” which resemble ads for non-sponsored content, labeled “ads” or “sponsored.” If the User performs any action (such as recommending, commenting or sharing) on these ads, the action will be associated with the User’s name and will be viewable by others, including the Advertiser.
Information for Advertizers
Personal data will not be shared with any third party advertizers or ad networks for their advertiszing, except: (i) hashed or device identifiers (to the extent they are personal data in some countries); (ii) with explicit permission (for example, through the contact generation form); or (iii) data already visible to any User of the Services (for example, profile).
If a User views or clicks on an ad on or off our site or apps, the ad provider will get a notification that a User visited the page that displayed the ad.
- THIRD PARTY LINKS AND SERVICES
Google uses partner-advertizing companies to serve ads when the User visits the Platform. It is possible that these companies use the information they obtain when a User visits this and other websites (without including name, address, email address or phone number) to offer advertizments about products and services. To learn more about this practice and know the options to prevent these companies from using this information, please consult the previous link.
If the User deletes the cookies or sets the browser or device to decline these technologies, some functions of the Platform, Services or features may not function at all, or may not function as designed.
- ACCESS AND DATA SUBJECT RIGHTS
Linckard complies with laws protecting personal information, granting Users the following rights:
To obtain access to and/or a copy of certain information Linckard holds about the User.
To obtain, in certain circumstances, a copy of certain information in a structured, commonly used and machine readable format, and to ask Linckard to transfer this to a third party of User’s choice.
To request to update the User’s information that it is held out of date or incorrect.
To request to delete certain information that it is held about the User.
To request Linckard to restrict the way that Linckard processes and discloses certain User information.
To revoke the User’s consent for the processing of the information, to the extent that the processing of the information is not based on another legal basis.
To object to certain processing of the information including:
- The right to object to direct marketing: User may object to the processing of personal information for direct-marketing purposes (including any direct marketing processing based on profiling).
- The right to object to processing (including profiling) based on legitimate interest grounds: in addition where Linckard is relying upon the legitimate interests to process information, User may object to that processing. If the User objects, Linckard must stop that processing unless Linckard demonstrates compelling legitimate grounds for the processing that override User interests, rights and freedoms, or Linckard needs to process the information for the establishment, exercise or defense of legal claims. Linckard will consider each case on an individual basis.
User may exercise these rights or make a request regarding the information held by Linckard, request further information about the legal rights under applicable law, or submit a complaint about the privacy practices by contacting Linckard at any time.
Linckard will consider all requests and provide the response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include cases such as if Linckard needs to keep processing the information to provide services or to comply with a legal obligation. Moreover, the User will not be permitted to examine the information of any other person or entity. Linckard may also request Users to provide information necessary to confirm their identity before responding to the request.
How to unsubscribe: Users that do not want Linckard to collect personal information should not provide it. In this case, the User’s ability to access some content and use some of the functions of the websites, applications, services and features will be restricted.
In case the User has an account, the User may review and change the information by registering into the account and editing the profile. Linckard cannot delete personal information without also deleting the User account.
- LEGAL BASIS
Linckard may disclose the personal information provided by the User at the request of the competent judicial or governmental authorities for purposes of investigations conducted by them, even if there is no executive or judicial order.
Linckard reserves the right to communicate information about its Users to other Users, entities or third parties when there are sufficient reasons to consider that the activity of a User is suspicious of attempting or committing a crime or attempting to harm other persons. This right shall be used by Linckard at its sole discretion when it considers it appropriate or necessary to maintain the integrity and security of Linckard and of the Users, to enforce these Privacy Policies and to cooperate with the enforcement of the law. This right shall be exercised by Linckard independently of a judicial or administrative order.
- NOTIFICATIONS, QUESTIONS OR COMMENTS
In case of any concern or comment regarding these privacy policies, please contact Linckard at firstname.lastname@example.org -.