TERMS AND CONDITIONS
[version 2 updated on 08/10/2018]
Thank you for visiting this internet site (the “Website”), which is owned by WeissBeerger Ltd, a company organized and existing under the laws of Israel, having its registered office at 52 Derech Menachem Begin, 6713701 Tel Aviv, Israel, registered with the Register of Legal Entities under company number 417.497.106. (“WeissBeerger”, “we”, “our” or “us”) and operated by a third party agency on our instructions.
By visiting the Website or using the Services referred to in Section 2, you confirm you read these Terms and Conditions, including data privacy information relating to the use of Website. If you do not agree to these Terms and Conditions on have not yet reached the legal drinking age mentioned in article 1 below, please leave the Website immediately.
We reserve the right to update or amend these Terms and Conditions at any time and keep you informed of such change.
A copy of these Terms and Conditions can be obtained here.
- THE SERVICES
The Website main purpose is to attract and register new customer to the Beverage Analytics Solution: the leading Internet of Things (IoT) and Big Data solution for the hospitality industry, which allows you to track point of sale and draught beer data in real time, to optimize your business. In addition, the Website may provide other services from time to time (all services available on the Website are referred to as “the Services”).
Unless stated otherwise the Services are for your personal and non-commercial use only.
We may make changes to the information and content included in this Website and any time without notice. We shall not be responsible for any detrimental reliance you may place on this Website or its contents.
- DATA PRIVACY INFORMATION RELATING TO THE USE OF WEBSITE
To ensure that you feel safe and happy visiting our Website, the following information gives you a comprehensive guide as to what we do with your details and more specifically how we collect, use and pass on your personal data.
3.1 Data collection: What information do we collect and on which legal grounds?
If you register a user account on our Website, we collect your country, email-address, name, occupation, phone number and place of work in order to provide you with the Services. We will retain your e-mail address for future communication until you de-register / remove this account from our Website or until you use your right to opt-out for direct marketing.
We may collect additional information about your device (such as operation system, screen size, IP and location), or your use of the Services in ways that we describe to you at the point of collection or otherwise with your consent.
Please note that in accordance with applicable data protection law, your personal data is be collected or processed if:
– you have given us your consent for the purposes of the processing. For the avoidance of doubt, you will always have the right to withdraw your consent at any time; or
– it is necessary for the performance of an agreement to which you are a party; or
– it is required by law.
We will only process your personal data for specified, explicit and legitimate purposes and we will not process your personal data further in a way that is incompatible with those purposes.
Such purpose can be the improvement of your visit on our Website, or the offering of our Services.
The purpose of each processing of your personal data will be clearly defined in the specific privacy notice relating to that particular processing.
3.2 How do we use your information?
- To Provide, Manage, and Improve our Products and Services. We may use your information to provide, manage, and improve our operations, features and services, including to deliver the Services, personalize content, understand how you use and interact with the Services. For example, we may use your e-mail address to link it with an out-of-office message of your choosing.
- To Protect the Rights of the Services and Others. We may use your information as We believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or other users and to comply with applicable law.
3.3 How do we share your information?
For the purposes for which we collect your personal data, we may disclose your personal data to the following categories of recipients:
- a) Authorised staff members of WeissBeerger;
- b) Affiliates, controllers and subsidiary companies of WeissBeerger;
- e) Business partners: trusted companies that may use your personal data to provide you with the Service(s) you requested. We ask such companies to always act in compliance with applicable laws and these Terms and Conditions and to pay high attention to the confidentiality of your personal information.
- f) Service providers: companies that provide Services for or on behalf of WeissBeerger, for the purposes of providing such Services.
- g) Other parties when required by law or as necessary to protect WeissBeerger: WeissBeerger may share your personal data with other third parties:
– to comply with the law, regulatory requests, court orders, subpoena, or legal processes;
– to verify or enforce compliance with WeissBeerger’s policies and agreements; and
– to protect the rights, property or safety of WeissBeerger and/or its customers;
- h) Other parties in connection with corporate transactions: WeissBeerger may share your personal data with other third parties in the context of a divestiture of all or a portion of its business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or part of ABI’s business;
- i) Other parties with your consent or upon your instruction: WeissBeerger may share your personal data with third parties when you consent to or request such sharing; and
- j) Any other third party communicated to you by WeissBeerger prior to sharing your personal data with that third party.
Please be aware that third party recipients as referred to under points c) to j) above – especially service providers who may offer products and/or services to you through the Services or via their own channels – may separately collect personal data from you. In such case, these third parties are solely responsible for the control of such personal data and your dealings with them will fall under their terms and conditions.
3.4 What are your rights?
You have the right to access and rectify your personal data, as well as the right to object to the processing of your personal data for direct marketing purposes. In addition, you have the right to erasure or to be forgotten as well as the right to data portability. When the processing of personal data is based on you consent, you have the right to withdraw your consent at any time.
You can exercise these rights by sending a written request to our data protection officer (see section 3.6 “Who can you contact in case you have questions or requests?”).
If you require further information in relation to your privacy rights or would like to exercise any of these rights, please also contact our data protection officer (see section 3.6 “Who can you contact in case you have questions or requests?”).
3.5 Who is responsible for processing your personal data?
3.6 Who can you contact in case you have questions or requests? The data protection contact point
We have appointed a data protection contact point to handle your questions or requests relating to the processing of your personal data. You can contact the data protection contact point via email@example.com or firstname.lastname@example.org.
In this exercise, we may collect your name, e-mail address and your request details. Only mandatory details are your email address and request details, other details are optional to share with us. Your personal details will be saved only so that we can respond to your request, and will subsequently be deleted, unless there are legal requirements stipulating the retention of this data.
Please contact our data protection contact point if you wish to review the personal data stored with us, if you desire to modify or delete existing data or if you would like to withdraw the consent you have given us.
3.7 Links to Third-Party Sites
The Services may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by other websites, applications, or other services or by your mobile operating system operator, wireless carrier, or other similar providers. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.
3.8 Do-Not-Track Signals and Similar Mechanisms.
Some web browsers may transmit “do-not-track” signals to websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Services currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Cookies are small text files that are placed on your device by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the Website. This Website uses Google Analytics. If you do not wish the cookies to be used then please do not use our website as they cannot be turned off for the Website to work effectively.
|Type of Cookie||Name||Purpose||More information|
|Temporary||bud_auth||Authentication of the user – without this cookie the user would not be able to login||Expires at the end of the session|
|Temporary||bud_session||Session state of the logged in user – without this cookie the user would have to login to view each page.||Expires at the end of the session|
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org.
3.10 Targeting technologies
Additionally, we deliver advertisements tailored to your interests by cooperating with ad networks, ad serving vendors and similar services. We may collect information about your online activity (e.g., the sites and pages you have visited) through tracking technologies such as cookies, tracking pixels and similar devices in order to deliver ads and online services that are relevant to you.
You may preclude the usage of cookies by selecting the appropriate settings in your browser, in this case it may occur, however, that you may not be able to use all functions of this website. Depending on the browser you use and the tracking tool, you can install a browser plug-in to prevent tracking.
3.11 Special Note to International Users
The Website is hosted in Ireland. If you are attempting to access this Website from a physical location within the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from Irish laws, please be advised that your use of this Website is governed by the General Data Protection Regulation (European law) and national law (Irish law) and these Terms and Conditions. To the extent you provide personal data through the Website, you are transferring your data to Ireland.
In connection with any transfer of your personal data to outside the European Economic Area (= member states of the European Union + Iceland, Norway, and Liechtenstein, “EEA”) that do not offer the same level of data protection as in the EEA, we will implement appropriate safeguards to ensure an adequate level of protection of your personal data. These safeguards can for instance consist in agreeing with recipients on standard data protection clauses in the form of template transfer clauses adopted by the Commission guaranteeing such adequate level of protection.
We ensure that appropriate technical and organisational security measures are taken against unlawful or unauthorised access or use of your personal data, as well as against accidental loss or damage to the integrity of your personal data.
We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or Services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
Your personal data will only be processed by a third party Data Processor if that Data Processor agrees to comply with those technical and organisational data security measures.
Maintaining data security means guaranteeing the confidentiality, integrity and availability of your Personal data:
(a) Confidentiality: we will protect your Personal data from disclosure to third parties.
(b) Integrity: we will protect your personal data from being modified by unauthorised third parties.
(c) Availability: we will ensure that authorized parties are able to access your Personal data when needed.
3.13 Children’s Privacy
Please only share the content of our Website with those who are of legal drinking age. Our Services are not intended for individuals under the legal drinking age. If we learn that an individual under the legal drinking age has provided us with personal information, we will delete it.
- ACCEPTABLE USE
- You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity, or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. WeissBeerger will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
- In using the Website and/or Services you agree not to:
- use this Website for anything other than personal, non-commercial use;
- modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
- use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, libellous, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group, including on account sex, race, religion, disability, or nationality;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- promote the excessive, irresponsible, or underage consumption of alcohol;
- make available or upload files that contain a virus, worm, trojan, or corrupt data that may damage the operation of the computer or property of another;
- collect or store personal information about others, including email addresses;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Website or Services in any manner that could damage, disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website or Services;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement; or
- attempt to gain access to any of the Services, other accounts, computer systems, or networks connected to the Website or Services through hacking, password mining or any other mining, or any other means.
- WeissBeerger is under no obligation to monitor, screen, or sanction the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms and Conditions or is otherwise objectionable.
- WeissBeerger has the right to terminate your access to any or all of the Services or Website at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.
- WeissBeerger may also at any time, at our sole discretion, discontinue the Website or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website or Services.
- LINKS TO THIRD PARTY WEBSITES
- The Website or Services may include links to third party websites that are controlled and maintained by others. WeissBeerger is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.
- You acknowledge and agree that ABI has not reviewed all sites linked to this Website and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.
- INTERNATIONAL USE
You agree to comply with all applicable local laws and rules regarding acceptable use of and conduct on the Internet.
- INTELLECTUAL PROPERTY RIGHTS
- Copyright belongs to WeissBeerger
WeissBeerger is the owner of any and all copyright in this Website. Pictures, graphics, text, images of places or people are either the property of WeissBeerger or used on this site with permission of the owner of the intellectual property. No portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without WeissBeerger’s express written permission, except if indicated herein.
Trade names, logos, and trademarks belong to ABI, its affiliates and/or partners.
By entering this site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Website is owned by WeissBeerger and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, repostment, or use of the material on this Website that would damage the reputation of WeissBeerger or its partners, or any model or person, violates WeissBeerger’s legal rights. WeissBeerger will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of WeissBeerger’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
- By using this Website you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you submit to WeissBeerger through this Website will become and remain WeissBeerger’s property and therefore may be used by WeissBeerger anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.
You agree to indemnify and hold WeissBeerger harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against WeissBeerger by any third party arising out of your use of the Website, Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by WeissBeerger in consequence of your breach of these Terms and Conditions.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- Use of the Website and Services is at your own risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- By entering this Website you acknowledge and agree that your use is at your own risk and that this Website, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Website are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this Website or in connection with any content, information, data, promotions, activities, associated with this Website, or in connection with your downloading of any materials, text, data, images, video or audio from this Website, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. You specifically acknowledge that WeissBeerger shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
- WeissBeerger makes no warranty that the Website or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website or Services will be uninterrupted or error free, that defects will be corrected or that the Website or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of WeissBeerger for death or personal injury as a result of the negligence of WeissBeerger.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these Terms and Conditions to effect the original intent of the parties as closely as possible.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeissBeerger without restriction.
- TECHNICAL FAILURES
WeissBeerger and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant’s ability to participate in a contest.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Ireland and you hereby submit to the exclusive jurisdiction of the courts of Ireland.
If you use this Website from another country, you are responsible for compliance with any and all applicable local laws.
WeissBeerger and/or partners make no representation that the materials contained within this Website are appropriate for countries outside the Ireland.