Privacy Policy

Effective Date:

4 February 2019

1. INTRODUCTION

We (“B&B” or “we”, “us”, or “our”) are aware of and we respect the importance of the privacy of our clients. Therefore, we handle personal data carefully and in accordance with the relevant legislation of the Republic of Slovenia (including the applicable EU legislation) and this privacy policy. This privacy policy informs you of the kinds of data we may gather during your use of the Services, the reasons/purposes for gathering your data, what we use your information for, when we might disclose your information, and your rights connected to the collected data. We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection practices, the features of our Services, or advances in technology. The latest version will be available at all times on our website, which can be also accessed by following the relevant link in the app (“FLOX app”). Please access the Website and the FLOX app regularly to find out about the applicable privacy policy. If we make a material change to the Policy, you will be provided with an appropriate notice in accordance with legal requirements. If you would like to use our Services, you will have to accept this Privacy Policy. If you do not agree with the provisions of this Privacy Policy, please do not use our Services.

This Privacy Policy contains the following sections:

• Information on data controller and definition of personal data;
• Legal bases for use of your information;
• Purposes of processing;
• How long we store your data;
• How we collect data, which data we collect and why we use such data;
• Use of cookies;
• How we share your information;
• How we protect your information;
• Which data we collect; and
• Your rights.

2. INFORMATION ON DATA CONTROLLER

The data controller for your personal data is:

B&B INVESTMENTS finančno svetovanje d.o.o.
Postal address: Beethovnova ulica 5, 1000 Ljubljana
E-mail: dataprotection@floxit.com
Registration number: 7218486000
TAX ID number: SI 60471522
Website: www.floxit.co

Important information on service providers

The data controller for your data is B&B. However, in certain cities we may grant a licence or franchise to operate our services to independent companies. In such cases, we share data with such licensees or franchisees, who are required to comply with all data protection regulations. You will be automatically re-directed to such affiliated company that operates FLOX electric scooters in the city in which you want to use it. Such companies may have their own privacy policy concerning the data they may collect, which you are required to get familiar with and accept it.

3. PERSONAL DATA

Personal data is any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4. LEGAL BASES FOR USE OF YOUR DATA

Agreement (Article 6.1.b of the GDPR)

We collect information on the basis of an agreement for which the use of your data is necessary in order to conclude an agreement and to perform our obligations under an agreement with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering in the FLOX app; and/or our user agreement for renting an electric scooter; and/or charger agreement for providing us charging services).

Legitimate interest (article 6.1.f of the GDPR)

Other personal data we may collect for the protection of our legitimate interests or the legitimate interests of others provide that the interests or your fundamental rights and freedoms are not overridden, taking into consideration your reasonable expectations based on your relationship with us (for example, to provide security for our websites, products, software, applications).

Law (article 6.1.d and 6.1.c of the GDPR)

We may process your information if so required to comply with law, it may be necessary to process personal data in order to fulfil a legal obligation that we are subject to (Art. 6 para. 1 lit. c GDPR) or to protect Your vital interests (Art. 6 para. 1 lit. d GDPR).

Consent (article 6.1.f of the GDPR)

When we have your consent, we will use the collected information solely for the purposes for which the consent has been given. You can withdraw from this consent at any time. However, the withdrawal has no effect on the processing of the data that We have made between granting your consent and your withdrawal. You do not have to justify your withdrawal. An informal message via e-mail to dataprotection@floxit.co is sufficient.

5. PURPOSES OF PROCESSING

Generally, we collect your Personal information in order to provide you with our following services:

• use of our websites and their functionalities;
• use of the FLOX app;
• renting the scooters; and
• to register and apply in the FLOX charger platform for providing charging services to us.

(Collectively referred to as the “Services”)

We also process your personal data in compliance with the legal obligations that we are subject to. Furthermore, we will process your personal data for sending commercial communications in case that you have provided us with your consent. You can find further explanation of the purposes in the following section.

6. HOW WE COLLECT DATA, WHICH DATA WE COLLECT AND WHY WE USE SUCH DATA

We collect data about you in a variety of ways when you use our Services. The data are being collected when you

• register in the FLOX app;
• use the electric scooters and the FLOX app;
• register and apply to become a FLOX charger charge the electric scooters; and
• visit our website.

Registration with your telephone number as user

In order to use the FLOX electric scooter you have to register in the FLOX app. You can register by entering your telephone number on the input screen provided for this purpose. Without registering as a user, you cannot rent and use our electric scooters. You will also be asked to provide your name, last name and email, but for using an electric scooter, you are not obliged to provide us this information. If you do, we will handle such information with care and according to this policy. Furthermore, you will have to provide you credit/debit card details. However, please note that our system stores only the last four digits of your credit/debit card and the debit/credit card token. We do not store other data from your credit/debit card.

Collected data:
• Your phone number;
• Name and surname (not obligatory);
• Acceptance of terms and conditions and privacy policy;
• Credit/debit card token; and
• Email (not obligatory).

Purpose:
The data collected in connection with the registration to FLOX app are necessary for concluding the agreement and performing the obligations under the agreement. Without registration you cannot use our electric scooters. We need this data to identify you as the user of electric scooters.

Legal Basis:
We collect this data for the purposes of concluding and performing the agreement (please see more information above, under the title Legal Bases for Use of Your Data).

Registration in the FLOX charging platform

In order to become a FLOX charger you have to register and apply in the FLOX charger platform apply. You can register as a charger of the FLOX electric scooters by entering several data in the input screen provided for this purpose. Without registering and applying as a charger, you cannot provide charging services to us.

Collected data:
• Name and last name;
• Your email address;
• Telephone number;
• Address;
• Tax number;
• Personal identification number (EMŠO); and
• Bank account details.

Purpose:
The data collected in connection with the registration in the FLOX charger platform as a charger are necessary for concluding an agreement and performing the obligations under the agreement. Without the registration you cannot provide charging services for us. We need this data to identify you as a charger of our electric scooters and to enable us to make payments for your services.

Legal Basis:
We collect this data for the purposes of concluding and performing an agreement (please see more information above, under the title Legal Bases for Use of Your Data).

Use of website

Our web site provides you with important information about the Services. While you are using our web site, we collect several data.

Collected data:
• the IP-address of the visitor’s computer;
• Name, last name, email and telephone number;
• the request of the visitor’s browser;
• the operating system of the visitor’s computer;
• the type of the browser the visitor is using (Firefox, Google Chrome, etc.) and its version;
• the time and date of request;
• the quantity of data transferred; and
• the URL of the website the visitor is visiting from your Website.

Purpose:
We collect these data for the purposes of optimisation or improvement of our website as well as detection and elimination of errors in our website. We collect name, last name, email and telephone number in order to contract you in reply to your query.

Legal Basis:
We collect these data to secure our legitimate interest, which is improvement and elimination of errors on our website and improvement of our services.

Use of electric scooters

While you are using the FLOX app for the purposes of using our electric scooters, we automatically collect several data from you in order to provide you with our services.

Collected data:
• device information about your mobile device you use to access the Flox app. This information includes the IP address of the mobile device; • information about the electric scooters;
• additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times;
• GPS location information regarding the location of our electric scooters, the routes taken by these electric scooters, and the rental status of these electric scooters. Upon the end of the ride, you will be asked to send us a photo of our electric scooter in order to verify the status of the electric scooter; and
• Data on ride history: position data (longitude/latitude), date of ride, start and end time, distance, costs.

Purpose:
Track the use of FLOX e-scooters in order to enable our Services and to protect our electric scooters. Personalize the content of our Services, including providing you with reports, recommendations, and feedback based on your preferences. Optimize or improve our products, services, and operations. Perform statistical, demographic, and marketing analyses of users of the Services and their purchasing patterns. Detection and elimination of errors in the FLOX app.

Legal Basis:
We collect these data to secure our legitimate interest, which is improvement and elimination of errors in the FLOX app. We also collect these data for the purposes of concluding and performing the user agreement.

Payment for use of electric scooters

The payment for use of our electric scooter is only possible by a credit or debit card. Our payment service provider is SafeCharge Financial Services Ltd. Your data will be transmitted directly to our payment service provider for the payment each time you use an electric scooter. Our payment service provider is also subject to bank client confidentiality and is obliged to treat the information in accordance with the relevant data protection laws. We will only store the information on your last four digits of your credit or debit card and credit/debit card token and will not store any other information.

SafeCharge Finacial Services Ltd’s privacy policy can be found HERE. SafeCharge stores your payment data itself. Please also note SafeCharge’s data protection declaration linked above.

Purpose:
We use this data for the purposes of payment of our services.

Legal Basis:
We collect these data for the purposed of concluding and performing the obligations from an agreement (please see more information above, under the title Legal Bases for Use of Your Data).

Social Media

When you interact with any service provider page or account on a social media platform, such as Facebook, Twitter, Instagram, we may collect the information that you make available to us on that page or account, including your account ID. However, we will only collect and store the information that we are permitted to collect based on your settings and the policies of these social media platforms. If you publish your social media profile on our Services, we may collect information that you make available as a part of that profile. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of third-party websites or services, and not this Privacy Policy.

Collection of Third Party Information Through Tell-A-Friend Feature

From time to time we may conduct a referral service to introduce people you know to our Services, in accordance with the applicable local laws. If you choose to use our referral service to tell someone about our Services, we will provide you with a template message and a referral code to send to your referral. We will not collect the referral’s information unless he/she signs up to use the Services with the referral code.

Third party websites

Our network of websites contains hyperlinks to or from third parties. We cannot assume any responsibility for data protection compliance of these websites. We suggest that you verify the relevant data protection provisions of such websites prior to transferring any data to such websites.

Google Maps

Our Application uses Google Maps API applications. This is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In relation to Google Maps API we store your IP address. These data are later transferred to a Google server in the USA and stored there. However, this transmission is made anonymous and Google LLC has subscribed to the EU-U.S. Privacy Shield Framework. This enables us to display interactive maps directly in the Application and enables you to use the map functions. This application is essential for the functionality and complete provision of our content and services. You can view the Google Terms of Use HERE. The additional terms of use for Google Maps/Google Earth can be found HERE. You can find Google's privacy policy HERE.

Purpose:
We process these data to show you the location of the nearest electric scooter and how to get there. The data will only be stored for the duration of the respective booking period and will then be deleted.

Legal Basis:
We collect these data for the purposes of performing obligations from an agreement (please see more information above, under the title Legal Bases for Use of Your Data).

Google Analytics

We use Google Analytics. This is an analysis tool provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Inc. has subscribed to the EU-U.S. Privacy Shield Framework.

• the type of the browser you are using (Firefox, Google Chrome, etc.) and its version;
• the referrer URL;
• the IP address of your computer;
• if necessary, the operating system of your computer; and
• the time of the request.

Purpose:
We use this technology to make our Website more interesting for you and to optimize its functionality.

Legal Basis:
This kind of processing of your personal data is based on our legitimate interest in improving our services and our advertising.

7. USE OF COOKIES AND OTHER ONLINE TRACKING TECHNOLOGIES

Like most websites and mobile applications, we use “cookies,” which are small text files that are stored on your computer or equipment and record your preferences and actions on certain online pages. We may also use cookies to monitor traffic, improve the Services and make it easier and/or relevant for your use. Like many Services, we use cookies, web beacons and similar technologies to record your preferences, track the use of our Services and your exposure to our advertisements. We may also use these technologies to monitor traffic and make the Services easier and/or more relevant for your use.

We MAY use both “session” cookies and “persistent” cookies. We use cookies for the other purposes set out below:

• We use cookies to remind us who you are and to find your account information in our database when you access the Services, so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for the Services; and
• We use cookies to determine the browser the visitor uses so the Services can be designed to work properly with the most common versions of different browsers.

You have options with respect to cookies. Many web browsers automatically accept cookies, but you can usually modify your browser’s settings to decline cookies if you prefer. If you delete your cookies or if you set your browser or device to decline these technologies, some features of the Services may not work or may not work as designed.

8. HOW WE SHARE YOUR INFORMATION

We may share your data with the affiliated companies that operate services in each city, and other business partners which are all committed to respect the relevant data protection legislation. In particular, the data are stored on servers located in the EU and owned by our business partners.. Apart from our business partners, we will not disclose your personal data to third parties, except if you have consented to the data transfer or if we are authorized or obliged to transfer data due to legal provisions and/or official or court directions. This may refer to cases including but not limited to the provision of information for the purposes of law enforcement, hazard prevention or the enforcement of intellectual property rights.

9. HOW WE PROTECT YOUR INFORMATION

We take technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electric or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet and that any such transmission is at your own risk.

Your data are stored on our servers or servers of our contracting partners, which are all committed to fully comply with the data protection legislation. All servers are located inside the territory of the EU.

10. HOW LONG WE STORE YOUR DATA

We will store your personal information as long as it is necessary for the purposes established in this policy. The period for which we retain the information depends on the purposes for which we collected and used it and/or as required to comply with the applicable laws. If the law does not stipulate a specific deadline, we store your data for a maximum period of 5 years after your last use of an electric scooter.

11. YOUR RIGHTS

Right to Withdrawal of Consent (Article 7.3 of GDPR)

In cases where the processing of your personal data is only possible with your consent, you can revoke this consent at any time in the future. You may withdraw from your consent by sending an email to dataprotection@floxit.co or by telephone +386 1 292 70 15.

Right of Access (Article 15 of GDPR)

The right of access by the data subject acc. Art. 15 GDPR: You may request confirmation from us at any time whether we are processing any personal information concerning you. If this is the case, you have the right to request information about:

• the purposes of collection of the personal information;
• the types of personal data we process;
• the recipients or the categories of recipients to whom we have disclosed or will disclose the data;
• storage duration;
• any rights you have under the relevant legislation; and
• the origin of your data, if they were not collected by us.

If you have any questions or inquiries regarding the processing of your personal data, please also contact us at dataprotection@floxit.co.

Right to Rectification (Article 15 of GDPR)

You can view your personal data at any time free of charge and, if necessary, request their correction and supplementation. For this purpose and/or for more information, please contact us at dataprotection@floxit.co. If you have any questions, comments or inquiries regarding the processing of your personal data, please also contact us at the contact details provided.

Right to Erasure(‘Right to be Forgotten’) (Article 17 of GDPR)

You can view your personal data at any time free of charge and request cancellation if:

• they are no longer needed for the purposes for which they were processed;
• you have revoked your consent and there is no other legal basis for the processing;
• you have filed an objection against the processing of your data acc. Art. 21 GDPR;
• we have processed your data unlawfully; and
• the deletion is required to fulfil a legal obligation under EU or national law.

Right to restriction of processing (Article 18 of GDPR)

You can view your personal data at any time free of charge and, if necessary, request their blocking if:

• you deny their accuracy;
• the processing is illegal but you reject the deletion of the data;
• we no longer need the data but you need it for the assertion, exercise or defence of legal claims; and
• you have filed an objection against the processing of your data acc. Art. 21 GDPR, but it is not yet certain whether our interests in processing outweigh your interests.

Right to Data Portability (Article 20 of GDPR)

At our request we are required to provide you with data that we process automatically based on your consent or in fulfilment of a contract in a portable and secure format. The direct transfer of data to another responsible person is also possible at your request.

Right to Object(Article 21 of GDPR)

Where we use your data for the purposes of the legitimate interests, you have the right to appeal against the processing, as far as there are reasons for this, which result from your particular situation or the objection against direct mailing.

Right to Lodge Complaint(Article 77 of GDPR)

If you believe that we have violated data protection regulations, you can contact the regulatory authority for data protection:

Informacijski pooblaščenec
Dunajska cesta 22
1000 Ljubljana, Slovenija
Phone: 01 230 97 30
Fax: 01 230 97 78
E-mail: gp.ip(at)ip-rs.si

If you have any questions about this Privacy Policy or any other question regarding collecting and/or processing of your personal data, you should contact us by email at dataprotection@floxit.co.

Terms of Service

Effective Date:

4 February 2019

1. INTRODUCTION

The policies below are applicable to the B&B Investments finančno svetovanje d.o.o. (hereinafter referred to as the “B&B” or ”us”) network of websites that link to these Terms of Service (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by B&B; apps published by B&B, including the B&B's mobile application (hereinafter referred to as the “App”); or any other services, interactive features, and communications made available by B&B, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies (hereinafter collectively referred to as the “Services”).

By accepting these Terms of Service, you fully agree to the rules contained herein (as amended from time to time). For certain of our services, you may also be required to execute further agreements or policies for example B&B’s User Agreement, B&B’s Charger Agreement and Privacy Policy.

This is a legal agreement between you (hereinafter referred to as “you” or “user”) and B&B that states the material terms and conditions that govern your use of the Services. Together with all updates, supplements, additional terms, and all of B&B’s rules and policies collectively constitute an Agreement between you and B&B. If you do not agree to these terms of service, you are not allowed to use the Services.

2. ACCESS TO SERVICES

By accepting these Terms, B&B grants you a limited, revocable, non-exclusive, non-transferable access to the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without B&B’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

3. COPYRIGHT AND OWNERSHIP

All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (hereinafter referred to as the "Content”), is owned by B&B, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of B&B or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

4. TRADEMARKS / NO ENDORSEMENT

All trademarks, service marks and trade names of B&B used herein (including but not limited to: B&B name, B&B corporate logo, the Services design, and any logos) (hereinafter collectively referred to as the “Marks”) are trademarks or registered trademarks of B&B or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify B&B trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without B&B’s prior written consent. You shall not use B&B’s name or any language, pictures or symbols which could, in B&B’s judgment, imply B&B’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5. ACCOUNT REGISTRATION AND SECURITY

In order to use the Services you will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’s registration, sign-in, or subscription page (hereinafter referred to as the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or B&B has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, B&B has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information when required by law.

6. SOLICITED SUBMISSION POLICY

Where B&B has specifically invited or requested submissions or comments, B&B encourages you to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to B&B that they have created for consideration in connection with the Site (hereinafter referred to as the “User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content on our Site, you expressly grant B&B a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and B&B shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

7. INAPPROPRIATE USER SUBMISSIONS

B&B does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. B&B will reject any User Submissions in which B&B believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Service, B&B reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.

8. INAPPROPRIATE MATERIAL

You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.

10. RIGHT TO TAKE DOWN CONTENT

Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail or content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on B&B or the Services; (2) protect and defend the rights or property of B&B, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and B&B shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Services or any part thereof.

11. USER PUBLISHED CONTENT

B&B’s endorsement of user published Content. B&B does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, you assume all associated risks.

12. THIRD PARTY LINKS

From time to time, the Services may contain links to websites that are not owned, operated or controlled by B&B or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Services, you do so entirely at your own risk.

13. TRANSACTIONAL PARTNERS

In some cases we may partner with another entity to co-promote their services within our Services. In these cases, you may be transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by B&B Terms of Service. When there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.

14. TERMINATION

We may also block your access to our Services in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

15. REPRESENTATIONS AND WARRANTIES

You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this agreement. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant B&B all of the rights granted herein; and (b) B&B’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

16. DISCLAIMERS

Your use of the Services is at your own risk. The information, materials and Services provided on or through the Services are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Neither B&B, nor any of its affiliates warrant the accuracy or completeness of the information, materials or Services provided on or through the Services. The information, materials and Services provided on or through the Services may be out of date, and neither B&B, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or Services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. No advice or information, whether oral or written, obtained from B&B or through the Services will create any warranty not expressly made herein.

17. LIMITATIONS OF LIABILITY

B&B does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Services, or your downloading of any information or materials from this Service. In no event will B&B, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Services, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Service, or the materials, information or Services contained on any or all of the Service, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. In the event of any problem with the Services or any materials, or information contained on any or all of the Service, you agree that your sole remedy is to cease using the Service. In no event shall B&B’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) one hundred euros (EUR 100.00).

18. INDEMNITY

You agree to defend, indemnify and hold B&B and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the Repulic of Slovenia or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to B&B, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

19. RELEASE

In the event that you have a dispute with one or more other users of the Services, you release B&B (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

20. FORCE MAJEURE

Neither B&B nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

21. PRIVACY

Data collection and use, including data collection and use of personally identifiable information is governed by B&B’s Privacy Policy which can be found here.

22. GENERAL

Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the Republic of Slovenia. Any dispute shall be amicably resolved. If this is not possible, any dispute arising from the performance and consequences thereof shall be brought before the courts of Republic of Slovenia, to which the Parties expressly attribute jurisdiction. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by B&B in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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