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Terms of Service Last Updated: 17th July 2018 About Us We are HasBrain Pte. Ltd. (“HasBrain”, “us”, “we” or “our”), a corporation registered under the laws of Singapore. About the HasBrain Services We provide users (“you”, “your”) with services, delivered via the HasBrain website (currently located at http://www.hasbrain.com), the HasBrain mobile applications, and/or any other platform or media through which we may make such services available from time to time, that allow you to explore the Internet, find new websites that may be of interest to you, receive recommendations of websites from HasBrain, and join a community of individuals with similar goals, skills and interests (collectively, the “Services”). About These Terms of Service Your legally binding agreement with HasBrain is made up of (A) the terms and conditions set out in this document, (B) HasBrain’s Privacy Policy (http://www.hasbrain.com/privacy) (collectively called the "Terms"). The Terms apply to all users of the Services, including users who are also contributors of Content, on the Services. "Content" includes the webpage with highlights, text, data of highlights, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Services. Accepting the Terms In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by simply using the Services. You understand and agree that HasBrain will treat your use of the Services as acceptance of the Terms from that point onwards. Changes to These Terms HasBrain reserves the right to change these Terms from time to time. We will usually inform you of any changes by posting the updated Terms on the HasBrain website, which also may be accessed through the mobile applications. If we make any material changes to these Terms, we will post a notification on the HasBrain website and, if you have provided us with contact information, we will notify you via your preferred means of contact and/or by asking you to review the changes to these Terms the next time you access the Services. Your continued use of the Services after the changes are communicated will indicate your acceptance of the Terms, including those changes. Other Services If you sign up for additional services from HasBrain, those additional services may be governed by terms associated with those services, which will apply to you in addition to these Terms. If there is a conflict between these Terms and terms and conditions for such additional services, the latter shall take precedence with respect to the additional services. Creating an Account You may choose to create a HasBrain account or you may use the Services without creating an account. Either way, we consider you a “User” of the Services. You may also have created an account through one of HasBrain’s integrated social networking communities (“Partner Communities”). Once you have created an account you may choose to add a photo or other information to your profile (the “HasBrain Profile”). Eligibility By using the Services, you represent that: All required registration information you submit either as part of the HasBrain registration process or by your registration through a Partner Community is truthful and accurate. You will maintain the accuracy of such information. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. You are 13 years of age or older. Your use of the Services does not violate any applicable law or regulation. Your HasBrain account may be deleted if we have reason to believe that you do not meet these eligibility requirements. Your Password When you register via our registration process, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password and all use of account. You agree not to use the account or password of another User. You agree to notify us immediately if you suspect any breach of security or unauthorized use of your account or access to your password. Allowed Used of Services The Services are made available to you for your non-commercial use only unless you obtain HasBrain’s prior written approval. Other than permitted advertising, you may not use the Services to promote a product or service. HasBrain makes no guarantee of traffic to any particular website or application. You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate others through the Services. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services. You may not use the Services in any way that could damage, disable or overburden the Services or the networks or services connected to the Services. You will not, and will not enable others to, crawl, scrape, cache or otherwise access any Content on the Service via automated means. You may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless expressly authorized in writing by HasBrain, or as permitted in any other agreement you enter into with HasBrain. You agree that you are responsible for all data charges you incur through use of the Services. You agree that you will be solely responsible (to HasBrain, and to others) for all activity that occurs under your HasBrain account. HasBrain may restrict, deactivate or terminate your access to the Services or your account for any reason. HasBrain reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice. Ownership You acknowledge that HasBrain owns all right, title and interest in and to the Services, including all underlying software and technology and all Intellectual Property Rights in relation to the Services, other than those owned by third parties. “Intellectual Property Rights” means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including patent law, copyright law, trade secret law, trademark law, unfair competition law. HasBrain grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you for your use of the Services as permitted under these Terms. Content The Services contain different types of Content: HasBrain Content, Third Party Content and User Content. “Content” means any and all text, images, photos, videos, music, sounds, postings, links, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship including the information of highlighted position and annotation which you created in certain webpage. Each type of Content that you encounter has different rules and restrictions, as set forth below: HasBrain Content. As between HasBrain and you, HasBrain owns or controls all right, title and interest in the Services and in the Content that it has placed on and within the Services, including its logos, trademarks, page headers, custom graphics, button icons, scripts and all other Intellectual Property Rights it controls (“HasBrain Content”). Third-Party Content. Content from third parties, including advertisers, is displayed through the Services ( “Third Party Content”). You may add or recommend such Third Party Content to the HasBrain Services and you may share Third Party Content with others using the share feature. We do not filter or exercise control over Third Party Content and you agree that we are not responsible for any such Third Party Content, including advertising and/or information about products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content. By choosing your preferences, you can designate types and categories of Content you prefer to access, and you can report Content that you think is inappropriate, but HasBrain cannot guarantee that you will only access the types and categories of Content you designate. HasBrain is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies. User Content. We do not claim ownership in any Content that you add, post, display, or otherwise make available to the Services through your HasBrain account, your comments, or other features of the Services that may allow you to post your own Content (“User Content”). By posting User Content, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted here will survive the termination or expiration of these Terms. You are solely responsible for any and all User Content that you post on the Services and for your interactions with other Users. You should only post User Content to the Services that you own and that you are comfortable sharing with others. You may not post a photograph or video of another person without that person’s permission. Your Content may be exposed to various search engines such as Google, Bing and etc if the shared link is posted online. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it to various search engine such as Google, Bing and etc. You represent that: (1) you own the User Content posted by you on the Services or otherwise have the right to grant the licenses set forth here, and (2) your User Content and the use of it by HasBrain does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person. ou agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for HasBrain to use or possess in connection with the provision of the Services. Content Restrictions Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under these Terms, you agree not to: (1) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (2) rent, lease, loan or sell access to the Services; or (3) decompile, reverse engineer or copy any Content or the Services. You also agree to not remove, obscure or alter HasBrain’s or a third party’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You may not remove any advertising or branding presented within the Services. Prohibited Content You agree that you will not post or share through the Services any Prohibited Content. “Prohibited Content”includes, without limitation, Content that, in the sole discretion of HasBrain: (1) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (2) harasses or advocates harassment of another person; (3) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”; (4) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (5) infringes the Intellectual Property Rights of another person; (6) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (8) otherwise violates applicable law, these Terms or potentially creates liability for HasBrain. Any accounts posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content or links to Content that we determine in our sole discretion is prohibited under these rules. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates these Terms or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any User or any other person, or create potential liability for us or any User. Copyright Policy HasBrain respects the Intellectual Property Rights of creators. If you believe that your work has been displayed, posted, copied or included within the Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations. For all other copyright notifications, please provide us with the following information: (1) a digital or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Services; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: Email: [email protected] We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate the account of any HasBrain User who repeatedly is accused of infringing copyrights. Termination & Your Breach of These Terms Any breach by you of these Terms may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your HasBrain account. HasBrain reserves the right to modify, suspend, limit or terminate the Services or your access to the Services for any reason, with or without notice, at any time, and without any liability or obligation to you. If we terminate your access to the Services or you deactivate your account, your Content and your posts, photos, comments, connections, followers, and all other data will no longer be accessible through your account, but your Content or other data may continue to exist within and/or be displayed via the Services. In addition, you acknowledge and agree that HasBrain may store Content removed from the Services, including, without limitation, in order to comply with certain legal obligations. HasBra may terminate its legal agreement with you if HasBrain is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or the provision of the Services to you by HasBrain is, in HasBrain’s opinion, no longer commercially viable and in the case of the above two cases, where possible, give reasonable notice of such termination. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HasBrain have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Legal Obligations shall continue to apply to such rights, obligations and liabilities indefinitely. Legal Obligations In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of HasBrain or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, you agree that we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, HasBrain account information (i.e. name, email address, etc.), IP address, traffic information, usage history and Content. Availability While HasBrain strives to make the Services as accessible and functional as possible, from time to time the Services may be interrupted, including, due to scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment, servers or software, and/or due to issues with telecommunications services or providers. As a result, the Services and any Content may not always be accessible or reliable. You acknowledge and agree that the Services and any Content may not always be accessible, that you are not relying on the Services to store or backup your Content, and that HasBrain will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Disclaimer of Warranties THE SERVICES AND THE HASBRAIN CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HASBRAIN NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “HASBRAIN PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE HASBRAIN CONTENT; (C) USER CONTENT; (D) THIRD PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HASBRAIN OR VIA THE SERVICES. THE HASBRAIN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HASBRAIN PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR ANY EQUIPMENT OR SOFTWARE THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE HASBRAIN PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING OR ACCESSING THE SERVICE AT YOUR SOLE RISK. THE HASBRAIN PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HASBRAIN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE HASBRAIN PARTIES DO NOT ENDORSE ANY USER CONTENT OR THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. Limitation of Liability THE HASBRAIN PARTIES WILL NOT BE LIABLE TO YOU FOR, AND YOU AGREE TO HOLD THE HASBRAIN PARTIES HARMLESS FROM, ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT RESULT FROM OR ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SERVICE; (2) THE HASBRAIN CONTENT; (3) USER CONTENT; (4) THIRD-PARTY CONTENT; (5) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE PERFORMANCE OF THE SERVICE; (6) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HASBRAIN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (7) ANY ACTION TAKEN IN CONNECTION WITH RESPECT TO THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS OF OTHERS; (8) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (9) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT, EVEN IF FORESEEABLE AND REGARDLESS OF WHETHER THE HASBRAIN PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL THE HASBRAIN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE HASBRAIN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HASBRAIN’S ACTS, OMISSIONS OR NEGLIGENCE, ANY SUCH DAMAGES, LOSSES OR INJURIES ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO INJUNCTIVE OR EQUITABLE RELIEF OR TO PREVENT ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HASBRAIN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HASBRAIN PARTIES. Indemnity You agree to defend, indemnify and hold the HasBrain Parties harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Content, your access to or use of the Services, your violation of any law or regulation, and your violation of these Terms. You agree to cooperate in the defense of any claim to the full extent requested by HsasBrain. HasBrain reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HasBrain. Other Users Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that HasBrain will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users, Advertisers or other third parties. Third Party Services & Partner Communities The Services may contain links to or integrations with third party websites, applications and/or services (“Third Party Services”) (1) displayed as part of the Services, (2) placed by us or third parties as a service to those interested in this information; or (3) posted by other Users. We may also place links or enable sharing or integration with Partner Communities or other Users. You use all such links and integrations at your own risk. To the extent such links or integrations are provided by us, you understand that they do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Services or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities, or links or integrations from third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Services or Partner Community. Comments If you have comments on the HasBrain Services or ideas on how we might improve, please contact us at [email protected]. You acknowledge and agree that if you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted here shall survive the termination or expiration of these Terms. Initial Resolution of Questions or Disputes If you have any questions or concerns about the Services or these Terms, we strongly encourage you to first contact us directly at [email protected]. Arbitration & Waiver of Class Action For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than SGD10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Law & Jurisdiction These Terms shall be governed in all respects by the laws of Singapore without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against HasBrain must be resolved by a court located in Singapore, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes. Other Provisions These Terms constitute the entire agreement between you and HasBrain with respect your use of the Services and supersede and replace all prior or contemporaneous communications or agreements, written or oral, including any prior versions of the Terms. These Terms do not confer any third-party beneficiary rights on any person or entity. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by HasBrain. The provisions of these Terms that by their nature are continuing will survive any termination.
Privacy Policy Last Updated: 17th July 2018 About Us We are HasBrain Pte. Ltd. (“HasBrain”, “us”, “we” or “our”), a corporation registered under the laws of Singapore. About the HasBrain Services We provide users (“you”, “your”) with services, delivered via the HasBrain website (currently located at http://www.hasbrain.com), the HasBrain mobile applications, and/or any other platform or media through which we may make such services available from time to time, that allow you to explore the Internet, find new websites that may be of interest to you, receive recommendations of websites from HasBrain, and join a community of individuals with similar goals, skills and interests (collectively, the “Services”). About This Privacy Policy This Privacy Policy (“Privacy Policy”) informs you of HasBrain’s policies and practices regarding the collection and use of information you submit to us or which we collect about you through our Services and informs you of options that you have to control or restrict the availability and use of your information. Wherever you reside or from whichever country you submit your information, you consent to our use of your information, consistent with this Privacy Policy, in Singapore and in other territories where HasBrain provides its Services. Changes to This Privacy Policy This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services. Posting of Revised Privacy Policy If there are any material changes to this Privacy Policy, HasBrain will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically. New Uses of Personally Identifiable Information Additionally, before we use Personally Identifiable Information for any new purpose not originally authorized by you, we will endeavour to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personally Identifiable Information is otherwise required by law or contract, HasBrain will endeavor to comply with the law or contract. Your Account You may choose to create a HasBrain account or you may use the Services without creating an account. Either way, we consider you a “User” of the Services. You may also have created an account through one of HasBrain’s integrated social networking communities (“Partner Communities”). Once you have created an account you may choose to add a photo or other information to your profile (the “HasBrain Profile”). Why Does HasBrain Collect Information? We want to give our Users the best possible experience, personalized for each User. We collect information to improve our Services, features and content, to administer your use of our Services, and to deliver content that we determine may be of interest to you. Some Terms We Use in This Privacy Policy “Agent” means any Third Party that Processes Personally Identifiable Information pursuant to the instructions of, and solely for, HasBrain or to which HasBrain discloses Personally Identifiable Information for use on its behalf. “Non-Personally Identifying Information” means information that does not permit the identification of an individual person, such as information that you provide as part of registration and personalization of your HasBrain account, or certain information that HasBrain collects through its Partner Communities. Some Non-Personally Identifying Information could be considered a part of your Personally Identifiable Information if it were combined with other identifiers in a way that enables you to be identified. “Log Data” is derived by our servers automatically as you engage with the Services, which record information that your browser or mobile device sends whenever you interact with the Services. “Personally Identifiable Information” is any information relating to an identified or identifiable natural person (“Individual”). “Process” or “Processing” means any operation which is performed upon Personally Identifiable Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. “Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, HasBrain or HasBrain’s Agents. What Information Does HasBrain Collect? HasBrain will collect only that Personally Identifiable Information which is relevant for the purposes of Processing that information as described in this Privacy Policy. Personally Identifiable Information. When you create a HasBrain account or connect through our Partner Communities, we will collect your email address, username, password gender, year of birth and specific or general location. If you register for our Services via a Partner Community, we will obtain certain Personally Identifiable Information you have provided to the Partner Community (such as your name, profile picture, email address, date of birth and specific address or general location). If you enable interoperability with a Third Party application, additional Personally Identifiable Information that you have provided to that Third Party application may be collected and/or you may specifically authorize HasBrain to access certain information from such Third Party application. The information we obtain may depend on the privacy settings you have with the Partner Community or Third Party application and the information obtained may not be visible in your account. If you personalize your HasBrain account, we will also collect any information you provide, such as your full name, your photo or avatar and any optional information you decide to supply about yourself and your interests. We will first seek your specific permission before we gain any access to your contacts should you wish to enable sharing through the Services. Where applicable, we indicate whether and why you must provide us with your Personally Identifiable Information, as well as the consequences of failing to do so. If you do not provide Personally Identifiable Information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with the service or if we are legally required to collect it. Non-Personally Identifying Information. We also collect some Non-Personally Identifying Information about you and your interests as you navigate through and interact with our Services. We may also receive Non-Personally Identifying Information about you and your interests from other sources like Third Parties that add to their websites HasBrain widgets or HasBrain badges. Log Data. When you interact with the Services our servers automatically record information that your browser or device sends. This Log Data may include information such as your computer’s IP address, browser type, and operating system, your mobile device identifier, the time of day of your access, your general physical location or your more specific location if you are connecting through your mobile device, and other analytics that help us deliver and monitor the effectiveness of our Services. Information You Provide. When you enter any other information into any postings or comments, we may collect this information. Contacting us. When you leave us feedback or write to us directly, we will collect any information that is contained in your feedback or comment form, which will include your email address and other information that you may submit to us for reference or reply. Does HasBrain Use Cookies or Other Tracking Methods? On the HasBrain Site, HasBrain and Third Parties that provide content, advertising, or other functionality on our Services may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a "device") that allow us to record certain pieces of information whenever you visit or interact with our Sites, Services, applications, messaging, and tools, and to recognize you across devices. Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly. Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. Social Media Widgets. Our Site includes social media features such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it. Analytics. We may also use Google Analytics or other analytics tool to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personally Identifiable Information. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. Our uses of such Technologies fall into the following general categories: Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular Site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions; Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our Site, Services, applications, and tools, including as part of our analytic practices to help us understand how our visitors use our Sites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our Site content, Services, applications, or tools; Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our Site, Services, applications, or tools. This may include identifying you when you sign into our Site or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Site; Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including advertisements relevant to your interests, on our Site or on Third Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. Your Options: Most browsers are initially set up to accept cookies and tracking pixels. You can reset your browser to refuse all cookies or to indicate when a cookie is being set. Instructions to remove persistent cookies can be found through outside resources. Mobile devices may contain settings that allow you to disable tracking, analytics and/or location data. Be aware, however, that if you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some areas of the Services may not be optimized for your use, you may not be able to access any or all of the functionality of the Services, and your experience using the Services will be limited. How Can You Edit or Remove Your Personally Identifiable or Other Information? You may choose to edit the Personally Identifiable Information that is in your HasBrain account so that different or less information is available to be viewed. To remove other Personally Identifiable Information that may not be visible in your account, you may contact us at [email protected] with a request that we delete your Personally Identifiable Information from our database or remove other information that you no longer wish to include as part of the Services. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. When you receive messages from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “unsubscribe”. We may, however, still send you administrative messages regarding the Services. If a child between the ages of 13 and 18 wishes to erase or delete any information that he or she has included or shared via the Services, please contact us at [email protected] and we will promptly comply. How Does HasBrain Use Information Internally? To Provide Products, Services, or Information Requested. HasBrain may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to: create and manage your account, provide our Services, process payments, and respond to your inquiries; communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements; tailor our Services (e.g., we may use cookies and similar technologies to remember your preferences); aggregate your Personally Identifiable Information for analytical purposes; provide customer support; operate, evaluate and improve our business (including by developing new products and services; managing our communications; analyzing how the Services are being accessed and used; tracking performance of the Services; debugging the Services; facilitating the use of our Services); send you marketing communications about products, services, offers, programs and promotions of HasBrain, and affiliated companies; ensure the security of our Services; manage our customer, service provider and partner relationships; enforce our agreements related to our Services and our other legal rights; and comply with applicable legal requirements, industry standards and our policies. If you are located in the European Economic Area, we may process your Personally Identifiable Information for the above purposes when: you have consented to the use of your Personally Identifiable Information, For example, we may seek to obtain your consent for our uses of cookies or similar technologies, or to send you marketing communications. we need your Personally Identifiable Information to provide you with services and products requested by you, or to respond to your inquiries, we have a legal obligation to use your Personally Identifiable Information, or we have a legitimate interest in using your Personally Identifiable Information. In particular, we have a legitimate interest in using your Personally Identifiable Information to ensure and improve the safety, security, and performance of our Services, to anonymize Personally Identifiable Information and carry out data analyses. You agree that HasBrain is free to use the content of any communications submitted by you via the Services, including any profile photo, submissions and collections of articles, for any purpose including developing, manufacturing, and/or marketing goods or Services. Some examples of these uses include posting to our blog and social media such as Twitter and Facebook, subject to the applicable terms governing use of those social media services. When Does HasBrain Share Information with Others, and with Whom? Sharing Via Your HasBrain Account. The information provided in your HasBrain account that you select to be publicly displayed will be public information and any User will be able to view it. You may edit or hide information in your profile at any time so that it is no longer accessible to the public, but even if you delete your data, it may continue to exist within or displayed via the Services and/or be shared by other Users. Also, when you enter any information (including Personally Identifiable Information), into postings or comments via the Services, this information, may be available to some, a subgroup of, or even all Users of the Services, depending on how and where this information was posted by you and with whom you have elected to share the posting or comment. Aggregate Information and Non-Personally Identifying Information. We may share aggregated information that does not include Personally Identifiable Information and we may otherwise disclose Non-Personally Identifying Information and Log Data with Third Parties for industry analysis, demographic profiling, advertising, marketing and other purposes relating to our Services. Any aggregated information shared in these contexts will not contain your Personally Identifiable Information. Service Providers. We may employ Third Party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform maintenance and research services, or to assist us in analyzing how our Services are used (such as infrastructure providers, database management, web or mobile analytics and improvement of the Services’ features). Business Transfers & Affiliates. HasBrain may share Personally Identifiable Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. HasBrain may also provide Personally Identifiable Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with HasBrain. HasBrain requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personally Identifiable Information they maintain on our behalf and not to use it for any purpose other than the purpose for which HasBrain provided them. If HasBrain or the assets of HasBrain are acquired by another company, or if HasBrain is involved in financing due diligence processes or transition of service to another service provider, then we may transfer your information, including Personally Identifiable Information, in connection with that acquisition or sale or transaction and HasBrain will direct the recipient of this information to assume the rights and obligations described in this Privacy Policy. We also may share your information with affiliates in the same corporate family as HasBrain. Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, we may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personally Identifiable Information (such as demographic information) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-HasBrain related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personally Identifiable Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in the “How do I Opt Out?” below. Compliance with Laws & Law Enforcement. We may access, preserve, and disclose your Personally Identifiable Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others’ rights, property, or safety; (iv) to enforce HasBrain policies or contracts; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable. How Do I Opt Out? General. You have the right to opt out of certain uses and disclosures of your Personally Identifiable Information. Where you have consented to HasBrain’s Processing of your Personally Identifiable Information, you may withdraw that consent at any time and opt-out to further Processing by contacting us at [email protected]. Even if you opt-out, we may still collect and use Non-Personally Identifiable Information regarding your activities on our Sites and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements. Email. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding HasBrain and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy). Mobile Devices. HasBrain may occasionally send you push notifications through our mobile applications and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. HasBrain may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device. “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. Cookies and Interest-Based Advertising. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or www.youronlinechoices.eu and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics and other analytics tool by emailing us at [email protected]. To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, Non-Personally Identifiable Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes. How Can I Access, Rectify, Erase, and Restrict My Information? You may inquire as to whether HasBrain is Processing Personally Identifiable Information about you, request access to Personally Identifiable Information, and ask that we correct, amend or delete your Personally Identifiable Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an email to [email protected] or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personally Identifiable Information held about you by HasBrain. Please include your full name, email address associated with your account, and a detailed description of your data request. Such requests will be processed in line with local laws. Although HasBrain makes good faith efforts to provide Individuals with access to their Personally Identifiable Information, there may be circumstances in which HasBrain is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If HasBrain determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, HasBrain will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personally Identifiable Information. Where and How Long Will Information Be Collected and Stored? HasBrain is located in Singapore. Accordingly, Personally Identifiable Information we collect may be transferred to and stored in our servers or those of Third Parties that act on our behalf (such as hosting providers) in Singapore or other countries outside of the European Economic Area. By using the Services you agree to such collection, transfer and storage outside of the European Economic Area or other territories where the information may have been collected. HasBrain retains the Personally Identifiable Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. How Secure Is the Information? You should be aware that while we endeavor to take industry standard administrative, physical and technological measures to maintain the security of your Personally Identifiable Information, we are not able to fully eliminate all security risks or potential breaches. By using the Site and Services or providing Personally Identifiable Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site and Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. What Is the Policy Towards Children? The Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and HasBrain does not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16) years of age. HasBrain urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when online. If you learn that your child has provided us with Personally Identifiable Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s Account. What Policies Apply to Third Party Websites, Services and Applications? The Services may contain links or integrations to Third Party applications, websites or services, and also may be accessed via Third Party applications, websites or services. Our display within the Services of links or referrals to other websites, services and applications does not signify our endorsement of such other websites, services or applications or their content. We have no control over, do not review, and cannot be responsible for these outside websites, services or their content. This Privacy Policy does not govern your visits to these other websites or services, and your access is entirely at your own risk. These other services and applications may set their own cookies, web beacons or other mechanisms on users, collect data, or solicit Personally Identifiable Information. You should refer to any privacy policies on such services and applications to understand how your information may be collected and used, and should choose appropriate settings for sharing your Personally Identifiable Information before proceeding to any integration with a Third Party service or application. Referral Service and Requesting References HasBrain provides a referral service that allows you to invite your friends and contacts to use HasBrain. We may integrate the Platform with third party sites such as our Partner Community, so that you can send invitation messages or requests for references via the third party site itself. You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins HasBrain in response to your referral. GDPR Compliance The EU’s General Data Protection Regulations (GDPR) took effect on 25th May 2018, and we are fully behind the spirit of these regulations for a safe and secure Internet. We aspire to embrace privacy by design and, whenever possible, to not collect and store Personally Identifiable Information. Our Privacy Policy contains mentions of the few instances where Personally Identifiable Information is required. Typically this will include an email address in order to log in to HasBrain or a social network username in order to manage your account. Overall, we aim for privacy by default: if data collection is not integral to the way our product works, then we won’t collect it. This approach has felt very much in line with the spirit of GDPR, and we’re fortunate that a lot of these data collection practices have been in place at HasBrain for some time. As such, you may see few banners or forms requesting consent for us to collect Personally Identifiable Information for tracking or other purposes. We don’t deem this information necessary to provide HasBrain’s service to you, and we choose not to engage in activities and strategies that make this data relevant. At any time, you may request your information to be exported and sent to you for review, and we promptly honor any requests by you to have your information deleted and forgotten. How to Contact Us We have appointed a data protection officer (DPO) for the HasBrain who is responsible for overseeing questions in relation to this privacy notice. If you have any questions, concerns, or requests about this privacy notice, how we manage your Personally Identifiable Information, or any other issue relating to your Personally Identifiable Information, please contact our DPO: HasBrain Pte. Ltd. Attn: Data Protection Officer Email: [email protected] Website: http://www.hasbrain.com