Finch Privacy Policy

Last updated: October 22nd, 2021

This page regulates the processing of information provided or collected on the sites, applications and services we make posted on our official services or placed on third-party sites or platforms. This privacy policy (“Privacy Policy”) applies to FinchXR, Ltd. and its affiliated subsidiaries (collectively, “Finch”, or “we”, “us”, “our”). We follow this privacy policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Please also note that when you provide information to us on the third-party service, the information you provide may be separately collected by the third-party service and those services may have their own separate privacy policy. Privacy choices you have made on the third-party services will not apply to our use of the information we have collected directly through our applications and services.

Information Collection and Use

We collect several different types of information for various purposes, all in order to provide and improve our Service for you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Address (State, Province, ZIP/Postal code, City, Country)
• Company name
• Cookies and Usage Data

Usage Data

We may also collect information about how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Information from third-party services

We may collect information from the third-party services where we place our applications and services. This data can include information about site or platform provider, about use of our applications or services on third-party platforms or devices

Use of Data

We and our affiliated subsidiaries are collectively the data controller for your information, and we are responsible for and may use your information for the purposes described in this policy. Our affiliated subsidiaries may access your information where they perform services on behalf of the data controller (i.e., as data processors) and, unless prohibited under applicable law for use on their own behalf (as data controllers for the purposes described in this policy. Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you to:

• provide and maintain the Services
• notify you about changes to our Services
• allow you to participate in interactive features of our Services
• provide customer care and support
• provide analysis or valuable information so that we can improve the Service
• monitor the usage of the Service
• detect, prevent and address technical issues

Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ that those from your jurisdiction. By submitting such information and consenting to this Privacy Policy, you express your agreement to that transfer.

FinchXR, Ltd. will take all steps deemed necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and that no transfer of your Personal Data will take place to an organization or a country, unless there are adequate controls in place, including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

FinchXR, Ltd. may disclose your Personal Data in the hopes that such action is necessary to:

• comply with a legal obligation;
• protect and defend the rights or property of FinchXR, Ltd.
• prevent or investigate possible wrongdoing in connection with the Service
• protect the personal safety of users of the Service or the public
• protect against legal liability

Security of Data

The security, integrity, and confidentiality of your information is important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. But remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Online Tracking Technologies and Analytics

We and service providers operating on our behalf collect information about your activity on our sites, services, and applications using tracking technologies such as cookies, pixels, tags, software development kits, application program interfaces, and web beacons. Examples of online tracking technologies include:

Cookies. Cookies are pieces of information that a website places on the hard drive of your computer when you visit the website. Cookies may involve the transmission of information from us to you and from you to us or to the third-party in accordance with this privacy policy. You can change your browser settings to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you might not be able to use some portions or features of our services.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Services.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of sites. Web beacons may involve the transmission of information to us or to the third-party in accordance with this privacy policy. We may use web beacons to bring together information we collect about you.

European Territory Visitors

Pursuant to the GDPR, citizens from "European Territories" mean the European Economic Area (EEA), the European Free Trade Area (EFTA), Switzerland and the UK. In compliance with certain privacy laws, in particular the European General Data Protetion Regulation (GDPR), we provide specific additional rights for individuals who interact with us such as the right to access, rectification, right to object, to complaint, erasure and blockage. More apecifically and under certain circumstances:

• The right to request information about whether and which personal information is processed by us, and the right to demand that personal information is rectified or amended.
• The right to request that personal information should be deleted.
• The right to demand that the processing of personal information should be restricted.
• Withdraw your consent to the processing and use of your data completely or partially at any time with future application.
• Have the right to obtain your personal information in a common, structure and mechanically readable format.
• Contact our data protection officer if there any questions, comments, complaints or requests in connection with our statement on data protection and the processing of your personal information.
• The right to complain to the responsible supervisory authority if believed that the processing of your personal information is in violation of the legislation.

Please email info@finchxr.com with any questions about exercising any of the above rights.

California Privacy Rights

This section applies only to California residents. It describes how we collect, use, and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “ Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“ CCPA”) but does not include information exempted from the scope of the CCPA.

Notice of Collection of Personal Information

We collect these categories of personal information when you interact with us: identifiers/contact information and other information associated with you, commercial information, Internet or other electronic activity information, geolocation data, electronic, visual, or similar information, and inferences drawn from the above. We collect this information so that we can best serve you, including to fulfill your requests.

As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

Information. You can request the following information about how we have collected and used used your personal information during the past 12 months:

• The categories of personal information we have collected
• The categories of sources from which we collected personal information
• The business or commercial purpose for collecting and/or selling personal information
• The categories of third parties with whom we share personal information
• Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient
• Whether we have sold your personal information, and if so, the categories of personal information received by each category of third party recipient

Access. You can request a copy of the personal information that we have collected about you during the past 12 months.

Deletion. You can ask us to delete the personal information that we have collected from you.

Opt-out of sales. If we sell your personal information, you can opt-out. In addition, if you direct us not to sell your personal information, we will consider it a request to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.

Opt-in. We contractually prohibit our publishing clients and partners from placing our services and applications on services and platform that target individuals younger than 16 years old. We do not sell personal information of individuals under 16 years of age.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

To make an access, deletion, or “opt-out” request, please email us by info@finch-xr.com

We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

How does our site handle Do Not Track signals?

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Changes to this Privacy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this Page. We will let you know via email and/or an explicit notice on our Service, prior to the change becoming effective and update the “Effective date” at the top of this Privacy Policy. We advise you to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

info@finchxr.com

Contact details

info@finchxr.com

1. Cyprus Office:

FinchXR Ltd.
89 Griva Digeni str.
Office 205
3101 Limassol, Cyprus

Finch Terms of Use

Last updated: October 22nd, 2021

The Finch website and any sub-sites located at https://finchxr.com/ (together the “Site”) is copyrighted work belonging to FinchXR, Ltd. 89 Griva Digeni str., Office 205, 3101 Limassol, Cyprus (“us”, “we”, “our”, “Finch”, or “Company”).Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site related to such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By logging into the Site, you are being compliant to these Terms and you express that you have the authority and capability to enter the page with these Terms. You should be at least 13 years of age to access the Site. If you disagree with any of the provisions of these Terms, do not log into and/or use the Site.

The Company obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Access to the Site

Subject to Terms

The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non commercial use.

Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

1. you shall not to sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site;
2. you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
3. you shall not access the Site in order to build a similar or competitive website; and
4. except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

The Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

You agree that the Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or Company partners or suppliers. Note that these terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in the following Terms. The Company and its partners and suppliers reserve all rights not granted in these Terms.

User Content

“User Content” means any information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Seeing as you alone are responsible for your User Content, you may expose yourself to liability. The Company is not obligated to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you wish.

Hereby you grant to the Company an irreversible, non exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”: you agree not to use the Site to collect, upload, transmit, display or distribute any User Content that:

• violates any third-party right or any intellectual property or proprietary right;
• is unlawful, harassing, abusive, torturous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• is harmful to minors in any way;
• or is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

addition, you agree not to:

upload, transmit or distribute any software to or through the Site intended to damage or alter a computer system or data;

send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of duplicative or unsolicited messages;

use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;

interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide the Company with any feedback or suggestions regarding the Site, you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary.

You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of:

1. your use of the Site;
2. our violation of these Terms;
3. your violation of applicable laws or regulations; or
4. your User Content.

The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable means to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Party Content

The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only for your convenience, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should sensibly consider discretion and being cautious and in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Privacy and Security

Finch’s Privacy Policy explains how we manage your personal data and protect your personal data and privacy, when using the Site, our products and services and it is incorporated through references into these Terms. By using the Site, you agree that we can use the data in accordance with our Privacy Policy.

Indemnification

You and any third party for whom you operate activity on the Site agree to defend (at our request) , indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including without restrictions, reasonable attorney’s fees and costs, created out of or in any way connected with any of the following:

• your Submitted Content or your access to or use of the Site;
• your breach or alleged breach of these Terms;
• your violation of any third-party right;
• your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, all regulatory, administrative and legislative authorities without restrictions; or
• any misrepresentation made by you.

You will cooperate as fully required by us, in the defense of any claim. We reserve 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 our prior written consent.

Disclaimers

The Site is provided on an "as-is" and "as available" basis, and Finch and our suppliers and partners explicitly disclaim any and all warranties and conditions of any kind, whether expressed, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our partners and suppliers may not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Finch reserves the right to do any of the following, at any time, without notice:

• to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
• to modify or change the Site, or any portion of the Site and any applicable policies or terms; and
• to interrupt the operation of the Site or any portion of the Site as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitation on Liability

To the furthest extent permitted by law, in no event shall the company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not increase this limit. You agree that our suppliers and partners will have no liability of any kind developed from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitation or exclusion above may not apply to you.

Copyright Policy

The Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeatedly infringing intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) of a piece of work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement expressing that you have significant grounds, that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
• and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General Terms

These Terms are governed by the laws of California state without affecting any conflict of laws or principles that may provide the application of the law of another jurisdiction.

These Terms, together with any additional terms with Finch that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Finch regarding the use of the Site. Any failure by Finch to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be modified so that it is valid and enforceable to the furthest extent permitted by law. Neither party is an agent or partner of the other party.

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Finch’s prior written consent. These Terms may be assigned by Finch without restrictions. These Terms are binding upon any permitted assignee.

The Company may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy or posting of such notice on the Site. Finch is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Copyright/Trademark Information

Copyright ©2016-2021. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Us

If you have any questions about this Term, please contact us at:

info@finchxr.com

Contact details

1. Cyprus Office:

FinchXR Ltd.
89 Griva Digeni str.
Office 205
3101 Limassol, Cyprus