Geschäftsbedingungen

INTRODUCTION

Traxby OÜ (registry code 12491003, located at Tamme pst 6, Otepää town, 67405 Valga county Estonia) (hereinafter “Traxby” ,“we”, “us” and “our”) is Estonian company operating the Huntloc, LiveTeam and Doglo applications (hereinafter “Application” or „Applications“) and websites traxby.com, huntloc.com, liveteam.online and doglo.eu with subdomains (hereinafter “Web Site” or „Web Sites“), including the software, hardware, databases, interfaces, associated media and other components or materials incorporated therein or integrated therewith (hereinafter collectively “Platform“ or „Service”).

The Platform is an electronic tool for mobile people (include hunters) and pet owners. Platform enables its Users to create and join interactive Groups (include hunting groups). Users who have joined the Group can monitor each others’ locations, exchange messages, initiate calls to each other and mark important locations and objects via Application. Tracking device users can find and manage the location of their device.

Huntloc is a platform to help hunters during the hunt.
LiveTeam is a platform for people who want to move around the terrain.
Doglo is a platform for monitoring the activity of a pet and storing data related to it.

All services made available via the Platforms are hereinafter referred as “Services”.

These terms of service and privacy policy (hereinafter “Terms & Privacy”) apply to all persons who use Platform and Services provided via Platform, Application and Web Site (hereinafter “User”, “You”). Please read these Terms & Privacy carefully before using Platforms and Services. By accepting Terms & Privacy and using Services, you confirm that you have carefully read and understand Terms & Privacy and you agree to be bound by Terms & Privacy and policies referenced herein.

If you do not agree with Terms & Privacy, then please do not use any of Traxby Platform and Services.

1. GENERAL

1.1. Platform uses internet connection and GPS and therefore operator-based fees may apply for using the Services. User shall be liable for the payment of all such fees. Platform enables Users to create and join interactive groups (hereinafter “Group”). By joining Group, Users can conduct collective events or hunts (hereinafter “Event”), interact with each other, monitor each other’s locations, see the lists and roles of Users in respective Event, mark and share objects and locations via Application during the Event.

1.2. Subject to Terms & Privacy, User is granted a limited non-exclusive license to install Application and use Platform and Services.

1.3. You are not allowed to lease, rent or reuse Application. You understand that your use of the Services does not grant to you ownership of any content of the Platform or the Services.

1.4. You are not allowed to modify, translate, disassemble, decompile or re-engineer a part or the whole of Platform.

1.5. You shall not copy, distribute or publish any content of the Platform or the Services or any information obtained or derived there from except as permitted on or through the Services or as otherwise permitted by applicable law.

1.6. In connection with using the Platform and the Services, it is prohibited to:
1.6.1. use the Platform or Services or its content for any unlawful purpose;
1.6.2. solicit others to perform or participate in any unlawful acts;
1.6.3. violate any international or local regulations, rules and laws;
1.6.4. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
1.6.5. submit any false or misleading information;
1.6.6. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
1.6.7. spam, phish, pharm, pretext, spider, crawl, or scrape;
1.6.8. use the Services for any obscene or immoral purpose;
1.6.9. interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
1.6.10. use the Services if you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
1.6.11. transfer your account to another party;
1.6.12. circumvent any technical measures we use to provide the Services.
1.6.13. Traxby reserves the right to update, change or replace any part of Terms & Privacy. Please check this periodically for changes. Your continued use the Services after the posting of any changes constitutes acceptance of those changes.

2. DISCLAIMER OF WARRANTIES, LIABILITY, WARNINGS

2.1. Traxby does not guarantee, represent or warrant that your use of the Services will always be uninterrupted, timely, secure or error-free.

2.2. To the extent permitted by law, Traxby shall not be liable for any loss, claim, any direct or indirect damages, including, without limitation lost profits, lost revenue, loss of data, replacement costs, or any similar damages, arising from your use of the Services, or for any other claim related in any way to your use of the Services.

2.3. Traxby shall not be liable for failure to perform its obligations under Terms of Service if such failure is a result of a circumstance that Traxby can not affect (i.e. force majeure event, that includes fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telephone service) or if such failure is a result of any connection or other error caused by User’s mobile device.

2.4. User acknowledges that there could be many possible factors affecting the accuracy and correctness of information provided via Services or causing time-lags, including actions of other Users, which Traxby cannot take any responsibility for. Therefore, You agree and understand that information provided to you via Platform might not be accurate and correct at all times. You understand that Platform uses Internet connection and GPS and input from Users and because of that, depending on the weather, environmental and other conditions, as well as depending on the any possible connection problems that each User’s device may have and the Users’ activities, information provided via Services (for example messages from other Users during the Hunt, locations of other Users during the Hunt provided via Application etc) can be delayed, outdated, inaccurate, incorrect or false.

2.5. If you use a platform for hunting, you shall, at all times, guarantee safety of yourself and any third parties, including other persons who take part of the hunt and any third persons who might be in the hunting area or around the hunting area and hold Platform harmless from any claims related thereto. You shall never shoot relying on the information provided via Services. You are solely responsible for always following all hunting safety requirements and ensuring safety of yourself and any third persons every time you use Services.

2.6. You understand that Traxby cannot control or affect acts of its Users during their use of the Services. Traxby shall never be responsible or liable for any loss or damage resulting from any act that Users have committed when using the Services. You are solely responsible for your use of the Services and all acts you commit when you use the Services.

2.7. The Services may include links to other websites or services (for example links to web pages of nearby hunting or pets stores). Traxby does not endorse any information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at your own risk.

3. PRIVACY

3.1. Traxby is committed to protecting and respecting your privacy. We collect information to provide better services to all our users — from figuring out basic stuff like which language you speak, to more complex things like your location sharing to other Users when you are in the same tracking group. The information Traxby collects, and how that information is used, depends on how you use our services and how you manage your privacy controls.

3.2. For providing the Services, Traxby needs to collect and process some of your personal information (hereinafter “Personal Data”).

3.3. Personal Data is only collected from you and processed if you have voluntarily submitted this data to us. When you’re signed into Platform, we collect information that we store with your account (hereinafter “Account”), which we treat as Personal Data.

3.4. When you create an Account in Platform, you provide us with personal information that includes your name, phone number and email. User phone number is user indentificator in Platform and all Services are related by it. We also collect the content you create, upload, or receive from others when using our services.

3.5. Personal Data we collect as you use our Services:
3.5.1. We collect information about the apps, browsers, and devices you use to access Services, which helps us provide features like automatic product updates and optimization of Services if your battery runs low.
3.5.2. We collect information about the interaction of your browsers and devices with our Services, including  browser type, device type, operating system, mobile network information including carrier name, and application version number, IP address, crash reports, system activity, and the date, time, and referrer URL of your request.
3.5.3. We collect information about your activity in our Services. The activity information we collect may include purchase activity, people with whom you communicate or share content, activity on third-party sites and apps that use our Services.
3.5.4. We collect information about your location when you use our Services, which helps us offer features like sharing your location once you’ve joined a Group (like hunting group) or to show Your distance from the desired object / tracking device and transmit the corresponding alerts. Your location can be determined with varying degrees of accuracy by GPS, sensor data from your device, information about things near your device, such as cell towers. We use various technologies to collect and store information, including cookies or application data caches, databases, and server logs. The types of location data we collect depend in part on your device and account settings (for example, you can turn your device’s location on or off using the device’s settings).

3.6. Traxby uses the Personal Data and you give a consent to use your Personal Data for the following purposes:
3.6.1. to operate, maintain, enhance and provide all features of the Service, to provide you information that you request and to otherwise provide support to you (for example, team members and dogs tracking in a joint group);
3.6.2. to understand and analyze the usage trends and your preferences, to improve the Platform and the Services, and to develop new products, services, feature, and functionality (for example, in what situations does a dog disappear and how can this be prevented);
3.6.3. to ensure our Services are working as intended, such as tracking outages or troubleshooting issues that you report to us and we use your information to make improvements to our Services (for example, in what situations data connections interruptions occur);
3.6.4. to understand how our Services are used, we use data for analytics and measurement (for example, we analyze user activity in tracking groups and activity of using a tracking device to optimize our Services);
3.6.5. to interact with you directly using your email address and phone number (example, we may send you a notification related by Service or we may let you know about upcoming changes or improvements to our Services. And if you contact Traxby we’ll keep a record of your request in order to help solve any issues you might be facing);
3.6.6. to help improve the safety and reliability of our Services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Traxby, Users, or the public. If other users already have your phone number or other information that identifies you, we may show them your publicly visible Account information, such as your name and activity (for example, user can see which of their contacts are using Platform and currently are active);
3.6.7. to the provision of Services by Traxby to you (“transaction data”). Transaction details may include your contact information, bank account details, and transaction details. Transaction data are processed for the delivery of purchased goods and services and for keeping records of transactions. The legal basis for processing is the performance of an agreement between you and us and / or, at your request, taking action to conclude such an agreement, as well as our legitimate interest, namely the proper management of our website and business.
3.6.8. to send communications, including updates on promotions and events, relating to products and services offered by Traxby and its partners (for example, the user receives special offers for Traxby and its partner products);
3.6.9. to send you advertising and notices, including for direct marketing purposes by Traxby.

3.7. Traxby may disclose your Personal Data to third parties on the conditions set forth in Terms & Privacy. You give a consent to disclose your Personal Data, including your username, email address, mobile phone number, locations and trail during the tracking group, date of registration, data about where and when you take part and have taken part of Groups:
3.7.1. to other Users of the Platform and the Services with whom you have joined the same Group or Groups;
3.7.2. to law enforcement authorities when required by law and to the extent required by law;
3.7.3. if you have registered as User upon a recommendation of another User, User who invited you to register, will be notified of your registration and date of your registration.
3.7.4. Financial transactions related to purchases made through our Platform may be processed by our payment service providers. We share your transaction data with our payment service providers (including Maksekeskus AS) only to the extent necessary to manage your payments, refunds and complaints. If you choose to postpay, we will also disclose your personal information to consumer credit companies, which are clearly indicated on the form of payment. Such data include your relevant transaction data and postpay data. Given that such consumer credit companies process your data as independent controllers upon receipt of such data, we strongly recommend you to review the privacy policies of the respective credit companies before providing such data.
3.7.5.We may transfer your personal information to other service providers for specific services. These include, for example, web hosting providers, providers of hosting servers and their maintenance services, and providers of e-mail services and SMS. When concluding a contract with subcontractors, we take all necessary measures to ensure that your personal data is also protected by our data processors.
3.7.6. In addition to these cases, we may also transfer your personal data to third parties if this is necessary to fulfil our legal obligations. The third parties mentioned in this section may also be located outside the Republic of Estonia, the European Union or the European Economic Area. When we transfer your personal information to such persons, we take all necessary legal measures to ensure that your right to privacy is duly protected. For more information on appropriate safeguards, please contact us at info@traxby.com.

3.8. You understand and acknowledge that your exit from the ongoing Event that you have previously joined, might not stop the processing and disclosure of your Personal Data (including your location and trail) to the other Users with whom you have joined the same Group or Groups and to third parties for the purposes named in clause 3.7.

3.9. You have:
3.9.1. a right to access, amend, correct, update or delete Personal Data that identifies you. You have the right to receive confirmation as to whether or not we process your personal data and, in the event of such processing, to access the relevant personal data and to obtain certain additional information. Such additional information includes information on the purposes of the processing, the types of personal data concerned and the recipients of the data. If this does not affect the rights and freedoms of others, we will provide you with a copy of your personal information.
3.9.2. a right to refuse to the processing of your Personal Data at any time, except if otherwise provided by applicable law;
3.9.3. a right to restrict the processing of your data, in certain cases, . This right applies, for example, if: (i) you dispute the accuracy of your personal information; (ii) the processing of your data is unlawful but you do not consent to its deletion; (iii) we no longer need your personal data to achieve the purposes for which it is processed, but you need it to make, file or defend legal claims; or (iv) you have objected to the processing of your data in the public or legitimate interest, pending verification of the accuracy of that objection. While restricting the processing of data on these grounds, we have the right to continue to store your personal data. However, even in this case, we will only process your data: (i) with your consent; (ii) to establish, file or defend legal claims; (iii) to protect the rights of another natural or legal person; or (iv) justified by an overriding reason relating to the public interest.
3.9.4. a right to request the deletion of your personal data, in certain cases. This right applies, for example, if: (i) the personal data in question are no longer necessary for the purposes for which they were collected or processed; (ii) you withdraw your consent and there is no other legal basis for processing the data; (iii) you object to the processing of your data in accordance with the rules of applicable data protection law; (iv) the data are processed for direct marketing purposes; or (v) your personal information has been processed unlawfully. However, there are situations where you cannot exercise this right. Such exceptions include cases where the processing of your data is necessary, for, e.g.: (i) the exercise of the right to freedom of expression and information; (ii) to fulfil our legal obligations; or (iii) to establish, file or defend legal claims. If you ask Traxby to delete your Personal Data, Traxby is obliged to delete all Personal Data of you that might identify you, however, Traxby can still retain, disclose and process data of you that is made anonymous and does not allow to identify you (for example data of completed trails by you during the Group or Groups without the information identifying you).
3.9.5. a right to decline to disclose certain Personal Data to Traxby, however, you understand that in that case Traxby may not be able to provide you with all of the Services;
3.9.6. right to request the correction of your own data. You have the right to request the correction of your personal data if they contain errors, and, taking into account the purposes of data processing, to request the correction of your incomplete personal data in case the correction of the data is not possible by the user himself on the Platform.
3.9.7. a right to opt-out from receiving commercial email from the Traxby and its partners, by unsubscribing at any time by following the instructions contained within the email or by sending request by email at  info@traxby.com;
3.9.8. a right to object to the processing of your personal data by us for reasons related to your specific situation if we protect the legitimate interests of us or of a third party. In the event of such an objection, we will stop processing your personal data if we cannot prove that the processing is for compelling legitimate reasons that outweigh your interests, rights and freedoms, or for the preparation, submission or defense of legal claims.
3.9.9. a right to object to the processing of your personal data by us for scientific or historical research or statistical purposes. In the event of such an objection, we will stop processing your personal data unless it is necessary for the performance of a task in the public interest.
3.9.10. a right to transfer data. If the legal basis for the processing of your personal data by us is your consent or performing the contract or performing the actions you have requested before concluding the contract, you have the right to receive your personal data from us in a structured, publicly available and machine-readable form. This right shall not apply if it would infringe on the rights and freedoms of others. However, you will not be able to exercise such a right if it infringes on the rights and freedoms of others.
3.9.11. all other rights arising from the applicable law.

3.10. We retain your personal data that we process for any purpose or purposes only for as long as is necessary to achieve that purpose or purposes. In any case, we retain maximally the following:
3.10.1. we retain your account information for up to 3 (three) years after you last logged in to your account or made your last purchase (whichever is later);
3.10.2. we store transaction data for up to 7 (seven) years after the end of the provision of services to you;
3.10.3. we store instalment data until the order is fulfilled or cancelled;
3.10.4. we store message data for up to 3 (three) years after you last logged in to your account or made your last purchase (whichever comes first);
3.10.5. we store communication data for up to 2 (two) years after the end of communication;
3.10.6. regardless of any other provision of this section, we will retain your personal information for as long as is necessary to fulfil our legal obligation.

3.11. We use cookies in our Platform. Cookies are small data files that help us provide a faster and more secure Service. Therefore we inform you that:
3.11.1. by visiting or using our Platforms or exchanging messages with us, we and our authorized service providers may use cookies to offer a better, faster and more secure user experience and to advertise. Cookies generally do not contain personally identifiable information about the user, but the personal information we process may relate to information collected and stored by cookies.
3.11.2. we use the Google Analytics analysis tool to analyse how you use our Platform You can also read the privacy policy of Google.
3.11.3. most web browsers allow users to refuse or delete cookies. How to do this exactly, may vary between browsers and versions. For up-to-date instructions on how to block or delete cookies, visit the website of the specific browser manufacturer, e.g. Chrome; Firefox; Internet Explorer and Safari.
3.11.4. Please note that deleting cookies and disabling their further use may affect your user experience and prevent you from using certain features of our Platform.
3.11.5. we use cookies for the following purposes:
–  cookies related to the functionality of the website – these cookies allow you to navigate the website and use its features, such as “Add to cart”;
– Platform Usage Analysis Cookies – these cookies allow us to measure and analyse how customers use our Platforms and Services and to improve its functionality and your shopping experience;
–  cookies related to customer preferences – when browsing or making purchases on our websites, these cookies allow us to remember your preferences so that we can offer you the smoothest and most personalized shopping experience possible;
– ad targeting cookies – these cookies are used to show you ads that match your interests. In addition, they limit the number of times each ad is shown to you and help us measure the effectiveness of our marketing campaigns.
3.11.6. We may work with third-party companies, collectively called “service providers,” who, with our permission, may add third-party cookies to our websites, services, applications, and tools. Such providers help us provide you with a better, faster and more secure user experience. Please note that third-party cookies are subject to the respective third-party privacy policies, for which we do not accept any responsibility.

3.12. The services offered on our website are intended for persons over 14 years of age. A different, higher age limit may be set for participation in specific loyalty programs or lotteries. Should we have reasonable doubts that the personal data being processed originates from a person younger than the age specified in this section, we will delete the relevant data from the databases.

3.13. If you believe that we are violating data protection law in the processing of your personal data, you have the legal right to lodge a complaint with the Data Protection Inspectorate, at Väike-Ameerika 19, www.aki.ee, or another supervisory authority of your place of residence, work or alleged violation.

3.14. If your consent provides a legal basis for the processing of your personal data by us, you have the right to withdraw your consent at any time. Withdrawal of consent shall not affect the lawfulness of the processing of data prior to the withdrawal.

3.15. We may change this notice from time to time to accurately reflect our processing of your data. If we make significant changes, we will notify you through our website or by other means, such as email, so that you can review the changes before continuing to use our website.

3.16. In case you have any questions concerning Privacy Policy, please contact us info@traxby.com.

4. USER CONTENT

4.1. You can post, share and upload information, including for example photos and texts or any other forms of information to the Platform, for example you can upload photos of seen or hunted animals, traces, trails, etc, that will be saved and stored in Traxby databases. Content added to the Platform by you is referred to as “User Content”.

4.2. You represent and warrant that you own all of User Content that you upload. You represent and warrant that you do not use the Services to post or transmit any material which is or may be infringing on intellectual property rights of any third party, may be harassing, threatening, false, misleading, obscene, pornographic, abusive, discriminating, illegal or that could violate the rights of any party.

4.3. By uploading any User Content, you assign and transfer to Traxby, free of charge, all proprietary rights related to User Content.

5. PRICING

5.1. The use of Platform and Services may be subject to a fee (hereinafter “Fee”).

5.2. The Fee is charged in advance on annual payment intervals. Traxby reserves the right to change Fee for the following intervals.

5.3. Basic version of the Application is free of charge (hereinafter “Simple Version”). Simple Version does not include all Services. You can upgrade from the Simple Version to the full version (hereinafter “Full Version”) via Platform. If you upgrade to the Full Version you are obliged to pay the Fee according to the established prices.

5.4. Upon delay with any payments, Traxby may demand you to pay interest on the delay (penalty for late payment) in accordance with applicable laws for the period as of the time the payment obligation falls due until conforming performance is rendered.

5.5. All amounts and payments are in euros and include value-added-tax (VAT).

6. MISCELLANEOUS

6.1. These Terms of Service are effective until terminated or as long as Traxby continues to provide Services.

6.2. If you have materially violated the Terms & Privacy including but not limited to, not having remedied any violation within the reasonable period determined by Traxby, Traxby has right any agreement with you with immediate effect by ceasing to provide Services.

6.3. These Terms of Service shall be governed by the laws of the Republic of Estonia.

6.4. Any disputes arising from these Terms & Privacy shall be settled in the Tartu County Court in the Republic of Estonia

6.5. If any term, condition or provision of the Terms & Privacy is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

6.6. Failure of Traxby to exercise or enforce any provision of or any of its rights under the Terms & Privacy shall not mean that Traxby has deemed a waiver of future enforcement of that or any other provision or right.

7. CONTACT INFORMATION

In case you have any questions about the Terms & Privacy, or about Traxby Services, please contact us via e-mail address info@traxby.com or postal address Tamme pst 6, Otepää town, Valga county 67405, Estonia.

By clicking on the “I AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF PRIVACY POLICY” button, you confirm that you have carefully read and understand all terms and conditions of this Terms & Privacy and you hereby give consent to the collection, use, storage, sharing, disclosure and other processing of your Personal Data in accordance with terms set forth in this Terms & Privacy.