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JVocals is all about connecting Jewish Voice Talents to your event: Cantors, Choirs, Singers, Bands etc.
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JVocals terms of use
Last Updated: September
2019
These terms and conditions (this "Agreement")
constitute a binding contract between you ("you" or "User")
and J.Vocals Ltd ("JVocals", "we", "us" and
"our"). If you are entering into this agreement on behalf of an
entity, you represent that you have the right, authority, and capacity to bind
such entity to this agreement. By clicking "I agree" below, or by
otherwise access or using the marketplace (as defined below), you acknowledge
that you have read, understood, and agree to be bound by this Agreement (the
date of such occurrence being the "Effective Date"):
If you do not agree with any of the terms and conditions of this Agreement, you may not access or use the marketplace.
JVocals reserves the right to modify this Agreement at any time by posting the modified Agreement at https://jvocals.sharetribe.com/en/infos/terms. Such modifications will be effective ten (10) days after such posting, and your continued use of the Platform (as defined below) shall constitute your acceptance of such modifications. In such cases, we will also update the "Last Updated" date set forth above. Please check the above webpage regularly for any modifications.
1. Platform and Accounts
1.1. Platform. The JVocals's online platform, called JVocals available on https://jvocals.sharetribe.com/ ("Platform") is an online platform on which (i) Jewish music folklore ("Service Providers") can offer their services, as shall be listed on the Platform ("Services") to Platform's users ("Customers"), and (ii) Customers can search, identify and purchase Services directly from Service Providers. For clarity, JVocals is not acting as an agent for you or for any Service Provider.
1.2. Account. In order to use the Platform, you may have to register for an account by submitting the information requested in the applicable form (an "Account"). You represent and warrant that all information submitted during the registration process is, and will thereafter remain, complete and accurate. As between you and JVocals, you alone shall be responsible and liable for maintaining the confidentiality and security of your Account credentials, as well as for all activities that occur under or in the Account. You must immediately notify JVocals in writing of any unauthorized access to, or use of, the Account, or any other suspected or actual breach of security; but you also acknowledge that JVocals may be unable to remedy the damage or loss (or otherwise assist) in such scenarios. Personally identifiable information received during the Account registration process will be stored and used by JVocals in accordance with the Privacy Policy.
2. License and Usage Restrictions
Subject to the terms and conditions of this Agreement, JVocals grants you a limited, non-exclusive, non-assignable, non-sublicensable, and revocable right to access and use the Platform ("License").
You shall not (and shall not permit or encourage any third party to) do any of the following: (a) reproduce the Platform; (b) (c) modify, alter, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects of, the Platform; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Platform; (e) make a derivative work of the Platform, or use the Platform to develop any service or product that is the same as (or substantially similar to or competitive with) the Platform; and/or (g) use the Platform to infringe, misappropriate or violate any third party's intellectual property rights, or any Law.
3. Third Party Content and Sources
To the extent that the Platform will present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by JVocals (such Content, "Third Party Content"), it is clarified that such does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by JVocals of such Third Party Content. JVocals does not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices.
4. Responsibility
You acknowledge and agree that each Service Provider is solely responsible and liable for any content inputted or uploaded by Service Provider to the Platform (such as Service descriptions, videos and images etc.) ("Service Provider Content") and You hereby irrevocably waive any legal or equitable rights or remedies you may have against JVocals with respect to such Service Provider Content and Service Provider agrees to hold JVocals harmless, and expressly releases JVocals, from any and all liability arising from such Service Provider Content.
Service Provider hereby represents and warrants that its Service Provider Content: (a) does not, and will not, infringe, misappropriate, or violate any third party's intellectual property rights, or any Law; (b) is not, and will not be libelous, threatening, offensive, and does not, and will not, contain obscenity or pornography, impersonate another person; (c) does not, and will not, contain any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Platform; and (d) its Service Provider Content is correct, complete, accurate, and up to date.
5. Copyright Policy
5.1. Removal of Content. It is the policy of JVocals to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), JVocals has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with the JVocals Platform. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) A description of the copyrighted work you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
5.2. Counter-Notification. If you believe that the material you posted was removed from the Platform by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the "Copyright Act") Section 512(g)(3) to confirm these requirements):
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which JVocals may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
5.3. Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
5.4. Copyright Agent. JVocals' agent for notice of claims of copyright infringement ("Copyright Agent") can be reached as follows:
Motti Hasfari
Hashmonaim 96b, Tel Aviv
Telephone: +972-545574273
Email: motti@jvocals.com
6. Services
In respect of each Service listed on the Platform, JVocals makes no representation, warranty, guarantee, or condition that: (a) Service Provider is an authorized seller of the Service (and has obtained any and all licenses, permissions, consents, approvals, and authorizations required to provide and sell the Service), and that its listing does not, and will not, infringe, misappropriate, or violate any third party's intellectual property rights, or any law (c) the Service matches the corresponding Service description (and other Service Provider Content) associated with such Service; and (d) the Service will be of satisfactory quality and fit for purpose. You hereby irrevocably waive any legal or equitable rights or remedies you may have against JVocals with respect to such Services.
No Obligation by JVocals. JVocals has no obligation to accept, display, review or maintain any of Service Provider's Service. JVocals may, without notice, edit, replace and/or delete Service Provider's Service listings. Additionally, JVocals use mechanisms that allow users to rate & review each other after every paid transaction and JVocals may make these ratings and reviews publicly available. JVocals will have no liability to Service Provider for the content or accuracy of any ratings or reviews.
7. Orders and Payment
7.1. Orders.
Service Provider shall be the "provider of record" for all orders for
the purchase of one or more Service(s), which are issued by a Customer to a
Service Provider via the Platform ("Orders"), and shall be solely
responsible for invoicing you and charging any applicable taxes under an Order.
The Platform will generate an automatic email message to you, confirming
receipt of your Order, and the Platform will transmit to the corresponding
Service Providers the Order information ("Order Transmittance").
7.2. Fulfillment. Following Order Transmittance, you acknowledge and agree that the Service Provider (and not JVocals) shall be solely responsible and liable for fulfillment of the Order.
7.3. Cancellations and Refunds. You acknowledge that your Orders are subject to the applicable Service Provider's policy on cancellations and refunds (collectively, the "Service Provider Refunds Policy"), and that JVocals is not obligated to review, and in any event does not endorse, any Service Provider Refund Policy. The Service Provider shall be solely responsible and liable for implementing its Refunds Policy, and for determining if you are entitled to a refund. Similarly, if you have not received a Service under your Order, or you are not satisfied with the Services provided to You, your sole recourse is to contact the Service Provider by disputing the transaction and resolve the discrepancy with said Service Provider.
Service Provider will maintain a refunds policy in accordance with applicable Law Service Provider shall, upon request from JVocals, furnish JVocals with a copy of the Service Provider refunds policy, and shall in good faith consider any suggested changes thereto provided by JVocals.
7.4. Payment. You acknowledge that your payment of Orders through your Account will be via a PayPal account connected and registered under your Account, and such PayPal account is authorized for the entire Order amount immediately following your submission of the Order.
7.5. Subscription Fees. Service Provider's access and usage rights with respect to the Platform may be subject to Service Provider’s timely payment in full of the monthly subscription fees set forth in the Platform (the "Subscription Fees")
7.6. JVocals
Fee. In addition to the Subscription Fees, in consideration for the provision
of the Platform, with respect to any Order ordered through the Platform,
JVocals shall be entitled to receive from each Service Provider a percentage of
the applicable Order amount, as presented and amended from time to time on the
Platform ("JVocals Fee").
7.7. The JVocals Fee and the Subscription Fees shall be exclusive of any tax or other governmental charges required to be charged by JVocals (except taxes based on JVocals's net income). It is hereby clarified that the applicable JVocals Fee and the Subscription Fee shall be paid by Service Provider through Service Provider's PayPal account.
8. Ownership and Content License
8.1. Platform. JVocals and its licensors are the sole and exclusive owner of all intellectual property rights in and to the Platform, and all content generated or otherwise provided or appearing on or in the Platform (except Service Provider Content). For the avoidance of doubt, "JVocals" (And its respective logos) is a trademark of JVocals.
8.2. Service Provider Content Ownership and Licenses. As between Service Provider and JVocals, Service Provider is the sole and exclusive owner of its Service Provider Content. Notwithstanding such ownership: (a) Service Provider hereby grants JVocals a worldwide, assignable, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees), irrevocable and perpetual license, to use the Service Provider Content to perform this Agreement, including in order to market and promote the Platform.
8.3. Feedback. If you provide JVocals with any ideas, suggestions, or similar feedback about performance of the Platform and/or for improving the Platform ("Feedback"), you hereby grant JVocals and all JVocals Affiliates a worldwide, assignable, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees), irrevocable, and perpetual license, in any media format and through any media channels (now known or hereafter developed), to access, use, reproduce, distribute, publish, broadcast, make available to the public, modify, adapt, edit, create derivative works of, publicly display, publically perform, and otherwise commercially exploit such Feedback.
9. Disclaimers
9.1. THE PLATFORM, AND ANY CONTENT WHATSOEVER ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY JVOCALS AND ITS LICENSORS AND SUPPLIERS.
9.2. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (Disclaimers) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JVOCALS.
10. Limitation of Liability
IN NO EVENT SHALL JVOCALS OR ANY OF ITS LICENSORS EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR: ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE COMBINED AGGREGATE LIABILITY OF JVOCALS OR ANY OF ITS LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE LOWER OF: (A) FIVE U.S. DOLLARS (US $5), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU TO JVOCALS (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF JVOCALS , OR ANY OF ITS LICENSORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY TO ANY JVOCALS LIABILITY ARISINGFROM FRAUD.
Some jurisdictions' Laws do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (Limitation of Liability) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JVOCALS.
11. Indemnification
You hereby agree to indemnify and hold JVocals harmless from any damages, costs, loses, expenses (including attorney fee) caused to JVocals as a result of a third party (including, but not limited to, a Customer, a regulatory or governmental authority, and a Service Provider) demand, claim, suit, action or proceeding against JVocals, and/or any of our respective directors, officers, employees, or representatives (each, an "Indemnitee"), that is based upon or arises from: Your use of the Platform; and/or Your breach of any provision of this Agreement (including, but not limited to, any inaccuracy of any of Service Provider's representations and warranties herein) (each of the foregoing, an "Indemnity Claim").
12. Term and Termination
12.1. Term. This Agreement commences on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the "Term").
12.2. Termination for Convenience. JVocals reserves the right to immediately terminate this Agreement, or otherwise modify, suspend or discontinue your access to and use of the Platform (or any part thereof), for any reason whatsoever, at any time, upon notice to you, and you agrees that JVocals shall have no liability to you for any such termination, modification, suspension, or discontinuance. You may terminate this Agreement at any time and for any reason. If you object to any term or condition of this Agreement or any subsequent changes thereto, or becomes dissatisfied with the Platform in any way, your sole remedy is to terminate this Agreement.
12.3. Termination for Breach. Each party may terminate this Agreement immediately upon written notice to the other party: (a) if the other party commits a material breach under this Agreement and fails to cure that breach within thirty (30) days after receipt of written notice specifying the material breach; and/or (b) if the other party is declared bankrupt by a judicial decision, or, in the event an involuntary bankruptcy action is filed against such other party, it has not taken, within sixty (60) days from service of such action to such party, any possible action under applicable law for such filed action to be dismissed.
13. Consequences of Termination; Survival
Upon termination of this Agreement you shall immediately cease use of the Platform, except to the extent strictly necessary for you to execute any Orders purchased before the termination effective date. For removal of doubt termination of this Agreement shall not derogate from Service Provider's obligations with respect to Orders approved prior to the termination date. Sections 8 (Ownership and Content License) through 15 (Miscellaneous) shall survive termination of this Agreement, as shall any right, obligation or provision that is expressly stated to so survive, or that by its nature ought to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.
14. Governing Law
This Agreement (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of Israel, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in Tel-Aviv, Israel, and you hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAUSE OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE YOU AGREE THAT SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
15. Miscellaneous
15.1. Assignment. JVocals may assign this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign (or in any other way transfer) this Agreement (or any of its obligations or rights hereunder) without JVocals's express prior written consent. Any prohibited assignment shall be null and void. Subject to the foregoing, this Agreement binds and benefits each party and its respective successors and assigns.
15.2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
15.3. Remedies. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.
15.4. Waiver. No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by JVocals, the writing must be duly signed by an authorized representative of JVocals), and shall be valid only in the specific instance in which given.
15.5. Relationship. The relationship of the parties is solely that of independent contractors. Nothing in this Agreement shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
15.6. No Storage. The Platform is not intended to, and will not, operate as a data storage product or service, and you agree not to rely on the Platform for the storage of any Account content whatsoever. You are solely responsible and liable for the maintenance and backup of all Account content. Notwithstanding the foregoing, JVocals reserves the right to automatically download Account content to JVocals's cloud-based database(s).
15.7. Notices. You agree that JVocals may send you notices by email, via your Account, by regular mail, and/or via postings on or through the Platform. Except as stated otherwise in this Agreement or provided by the functionality of your Account, you agree to send all notices to JVocals, to contact@jvocals.com
15.8. Force Majeure. JVocals shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond JVocals's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Platform shall not be deemed within JVocals's reasonable control.
15.9. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
JVOCALS PRIVACY POLICY
Last Updated: November 6, 2019
In order to ensure transparency and give you more control over your personal information, this privacy policy (“Privacy Policy”) governs how we, JVocals Ltd. (together, “JVocals” “we”, “our” or “us”) use, collect and store personal data we collect or receive from or about you (“you”) such as in the following use cases:
(i) When you browse or visit our website, https://www.jvocals.com/ or https://listings.jvocals.com/ (“Website”)
(ii) When you make use of, or interact with, our Website
a. When you create an account, and log in
b. When you offer services on our website
c. When you invite new members
d. When you contact us (e.g. customer support, need help, submit a request)
(iii) When you attend a marketing event and provide us with your personal data
(iv) When you exchange business cards with us
(v) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to personal data. “Personal data” or “personal information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.
Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.
Table of contents:
1. WHAT INFORMATION WE COLLECT AND ITS LEGAL BASIS
2. HOW WE PROTECT AND RETAIN YOUR INFORMATION
3. HOW WE SHARE YOUR PERSONAL DATA
4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA
5. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
6. USE BY CHILDREN
7. INTERACTION WITH THIRD PARTY PRODUCTS
8. LOG FILES
9. ANALYTIC TOOLS
10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW
11. CONTACT US
This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your personal data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.
WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
a. WHAT INFORMATION WE COLLECT AND ITS LEGAL BASIS
We will collect the following personal data, in the following ways:
1. When you create an account. In order to use certain services that we offer (as a customer or as service provider), you are required to create an account. If you create an account and/or wish to make any purchases through the Website, you are required to provide us with certain personal information such as: your first and last name, email address and a password. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities.
2. When you offer services through our Website. In order to be able to offer services through our Website you are required to provide us with: your first and last name, email address and/or any other information you wish to provide us. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities.
3. When a user invites you to join as a new member. If you have received an email invitation to join our service through a friend's invitation using the "invite new members" function on our Website you may create an account by providing us your first and last name, email address and a password. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities. To the extent you wish to use the "Invite a new member" function on our Website, you hereby warrant that you have obtain all the necessary legal consents from the recipient of such email invitation.
4. When you contact us. If you contact us in any manner, including sending us “Contact Us”, support, feedback or any other request / notification, whether by submitting an online form that we make available or by sending an email to an email address that we display, or in any other manner, you are required to provide us with certain information such as your name, email address and any other information you chose to provide us. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities.
5. When you participate in our marketing events and exchange your business card. If you attend marketing events and provide us with your personal data and/or business cards, we may use this data in order to be able to contact you. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities.
6. When you interact with our social media features. If you interact with our social media profiles and any features contained thereof, we will collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with these features and social media accounts are governed by the privacy policy of the company providing/hosting them. Our legal basis to the collection of your Personal Data according to this section is that the processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract with JVocals and/or the legitimate interests pursued by the JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities.
7. Cookies and other tracking technologies - Our Website utilize “cookies", analytic tools and log files in order for us to provide our Services and present you with information that is customized for you in addition to our marketing and statistics needs. Our legal bases to the collection of your personal data is consent and a legitimate interest of JVocals. Your personal data will be retained only for as long as necessary to fulfil the purposes defined in this Privacy Policy. When your personal data is no longer required by law or rights or obligations by us or by you, we will delete the personal data. Personal Data collected and processed through our Website, is shared with Sharetribe Finland, for as the purpose of receiving maintenance, storage, technical support and other equivalent processing activities
- Finally, please note that some of the abovementioned personal data will be used for fraud detection and prevention, and for security purposes. The abovementioned personal data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize your personal data. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).
b. HOW WE PROTECT AND RETAIN YOUR INFORMATION
b.1.
Security. We have implemented appropriate technical, organizational and
security measures designed to protect your personal data. However, please note
that we cannot guarantee that the information will not be compromised as a
result of unauthorized penetration to our servers. As the security of
information depends in part on the security of the computer, device or network
you use to communicate with us and the security you use to protect your user
IDs and passwords, please make sure to take appropriate measures to protect
this information.
b.2. Retention of your personal data. In some circumstances we may store your personal data for longer
periods of time, for example (i) where we are required to do so in accordance
with legal, regulatory, tax or accounting requirements, or (ii) for us to
have an accurate record of your dealings with us in the event of any complaints
or challenges, or (iii) if we reasonably believe there is a prospect of
litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not
retain your personal data perpetually. Regarding retention of cookies, you can read more in our cookie
policy.
In addition to the recipients described above, we may share your personal data as follows:
c.1.
To
the extent necessary, with regulators, courts or competent authorities, to
comply with applicable laws, regulations and rules (including, without
limitation, federal, state or local laws), and requests of law enforcement,
regulatory and other governmental agencies or if required to do so by court
order;
c.2. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your personal data to such third party (whether actual or potential) in connection with the foregoing events;
c.3. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your personal data in connection with the foregoing events; and/or
c.4. Where you have provided your consent to us sharing or transferring your personal data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
If you want to receive the list of the current recipients of your
personal data, please make your request by contacting us at contact@jvocals.com.
d.
ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA
d.1.
Storage: We use Sharetribe, Finland in providing our Website
services. We have signed a Data Protection Addendum with Sharetribe.
d.2.
Access
from Israel: Access from Israel is covered by the European
Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
d.3.
External
transfers: Where we transfer your personal data outside
of EU/EEA (for example to third parties who provide us with services), we will
obtain contractual commitments from them to protect your personal data. Some of these assurances are well
recognized certification schemes like the EU - US Privacy Shield for the
protection of Personal Data transferred from within the EU to the United States.
e.
YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
e.1.
Rights: The following rights (which may be subject to certain exemptions
or derogations) shall apply to certain individuals (some of which only apply to
individuals protected by the GDPR):
- You have a right to access personal data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we rectify any personal data we hold that is inaccurate or misleading;
- You have the right to request the erasure/deletion of your personal data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
- You have the right to object, to or to request restriction, of the processing;
- You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
You can exercise your rights by contacting us at
contact@jvocals.com. Subject to legal and other permissible
considerations, we will make every reasonable effort to honor your request
promptly in accordance with applicable law or inform you if we require further
information in order to fulfil your request. When processing your request, we
may ask you for additional information to confirm or verify your identity and
for security purposes, before processing and/or honoring your request. We
reserve the right to charge a fee where permitted by law, for instance if your
request is manifestly unfounded or excessive. In the event that your request
would adversely affect the rights and freedoms of others (for example, would
impact the duty of confidentiality we owe to others) or if we are legally
entitled to deal with your request in a different way than initial requested,
we will address your request to the maximum extent possible, all in accordance
with applicable law.
e.2. Deleting your account: Should you ever decide to delete your account, you may do so by emailing contact@Jvocals.com. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.
We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any personal data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at contact@jvocals.com.
g. INTERACTION WITH THIRD PARTY PRODUCTS
We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.
We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.
Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
We reserve the right to remove or add new analytic tools.
j. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW
j.1. California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@Jvocals.com. Please note that we will respond to one request per customer each year, unless otherwise required by law.
j.2. Our California Do Not Track Notice:
We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect personally identifiable information about an individual consumer's online activities over time and across different web sites when a consumer uses the Services.
j.3. Deletion of Content from California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at contact@Jvocals.com.
***
Cookies Policy
We use in our site [https://www.jvocals.com/, https://listings.jvocals.com/] ("Site") cookies and similar files or technologies to automatically collect and store information about your computer, device, and Site usage, in order to improve their performance and enhance your user experience. We use the general term "cookies" in this policy to refer to these technologies and all such similar technologies that collect information automatically when you are using our Site where this policy is posted. You can find out more about cookies and how to control them in the information below.
If you do not accept the use of these cookies, please disable them using the instructions in this cookie policy or by changing your browser settings so that cookies from this Site cannot be placed on your computer or mobile device. Important: disabling cookies on this Site may seriously cripple the user experience and other features on the Site, to the point of rendering them useless.
In this Cookies Policy, we use the term JVocals (and "we", "us" and "our") to refer to JVocals Ltd.
What is a cookie?
Cookies are computer files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website. Cookies can then be sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide information to the owners of the website.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our Site before or whether you are a new visitor.
There are two broad categories of cookies:
· First party cookies, served directly by us to your computer or mobile device.
· Third party cookies, which are served by a third party on our behalf. We use third party cookies for functionality, performance / analytics, marketing, and unclassified.
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are 'session cookies', meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are 'permanent cookies', meaning that they survive after your browser is closed. They can be used by websites to recognize your computer when you open your browser and browse the Internet again.
Web beacons:
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are small graphics files that contain a unique identifier that enable us to recognize when someone has visited our website. This allows us, for example, to monitor the traffic patterns of users from one page within our website to another, to deliver or communicate with cookies, to understand whether you have come to our website from an online advertisement displayed on a third party website, to improve website performance and to measure the success of email marketing campaigns. In most instances, these technologies are reliant on cookies to function, and therefore declining cookies prevents them from functioning.
If you don't want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies as described further below. If you turn off cookies, web beacon and other technologies will still detect your visits to our Site; however, they will not be associated with information otherwise stored in cookies.
Targeted advertising
Third parties may drop cookies on your computer or mobile device to serve advertising through our website. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these to us.
How do we use cookies?
We use cookies to:
· track traffic flow and patterns of travel in connection with our Site;
· understand the total number of visitors to our Sites on an ongoing basis and the types of internet browsers (e.g. Chrome, Firefox, Safari, or Internet Explorer) and operating systems (e.g. Windows or Mac) used by our visitors;
· monitor the performance of our Site and to continually improve it; and
· customize and enhance your online experience.
What types of cookies do we use?
The types of cookies used by us in connection with the Site can be considered 'essential website cookies', 'functionality cookies', 'analytics and performance cookies', 'marketing', and 'unclassified'. We've set out some further information below, and the purposes of the cookies we set in the following tables.
1. Cookies necessary for essential website purposes
These cookies are essential to provide you with services available through this Site and to use some of its features, such as access to secure areas. Without these cookies we will not be able to provide services that you require, such as transactional pages and secure login accounts.
|
Cookie name |
Source |
Expiry |
Purpose |
|
beatSessionId |
jvocals.com |
Persistent |
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience. |
|
beatSessionTs |
jvocals.com |
Persistent |
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience. |
|
Hs |
jvocals.com |
Session |
Ensures visitors browsing-security by preventing cross-site request forgery. This cookie is essential for the security of the website and visitor. |
|
ssr-caching |
jvocals.com |
1 day |
This cookie is necessary for the cache function. A cache is used by the website to optimize the response time between the visitor and the website. The cache is usually stored on the visitor's browser. |
|
XSRF-TOKEN |
jvocals.com |
Session |
Ensures visitors browsing-security by preventing cross-site request forgery. This cookie is essential for the security of the website and visitor. |
|
XSRF-TOKEN |
wix.com |
Session |
Ensures visitors browsing-security by preventing cross-site request forgery. This cookie is essential for the security of the website and visitor. |
2. Functionality Cookies
These cookies record information about choices you've made and allow us to tailor the website to you. These cookies allow us to provide you with our services in the way in which you have required, as you continue to use or come back to our Site. For example, these cookies allow us to:
· Remember settings you have applied, such as layout, text size, preferences, and colors;
· Show you when you are logged in; and
· Store accessibility options.
|
Cookie name |
Source |
Expiry |
Purpose |
|
Debug |
engage.wixapps.net |
Persistent |
Unclassified |
|
firebase:host:#.firebaseio.com |
engage.wixapps.net |
Persistent |
Unclassified |
|
TS# |
jvocals.com |
Session |
Unclassified |
|
TS# |
wix.com |
Session |
Unclassified |
3. Performance / Analytics Cookies
We use performance/analytics cookies to analyze how the website is accessed, used, or is performing. We do this in order to provide you with a better user experience and to maintain, operate and continually improve the website. For example, these cookies allow us to:
· Better understand our website visitors so that we can improve how we present our content;
· Test different design ideas for particular pages, such as our homepage;
· Collect information about Site visitors such as where they are located and what browsers they are using;
· Determine the number of unique users of the website;
· Improve the website by measuring any errors that occur; and
· Conduct research and diagnostics to improve product offerings.
|
Cookie name |
Source |
Expiry |
Purpose |
|
_ga |
jvocals.com |
2 years |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
|
_gat |
jvocals.com |
1 day |
Used by google analytics to throttle request rate |
|
_gid |
jvocals.com |
1 day |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
|
fedops.logger.sessionId |
jvocals.com |
Persistent |
Registers statistical data on visitor's behavior on the website. Used for internal analytics by the website. |
4. Marketing
We use marketing cookies to deliver many types of targeted digital marketing.. We do this in order to provide you with a better user experience and to maintain, operate and continually improve the website. The cookie store user data and behavior information, which allows advertising services to target audience according to variables. For example, these cookies allow us to:
· Observe the site performance and generate retargeting (Site retargeting, search retargeting, etc).
· Maintain and improve the website and our products.
|
Cookie name |
Source |
Expiry |
Purpose |
|
ads/ga-audiences |
google.com |
Session |
Used by Google AdWords to re-engage visitors that are likely to covert to customers based on the visitor's online behavior across websites. |
|
GPS |
youtube.com |
1 day |
Registers a unique ID on mobile devices to enable tracking based on geographical GPS location |
|
IDE |
doubleclick.net |
1 year |
Used by Google DoubleClick to register and report the website user's actions after viewing or clicking one of the advertiser's ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. |
|
PREF |
youtube.com |
8 months |
Registers a unique ID that is used by Google to keep statistics of how the visitor uses You Tube videos across different websites. |
|
svSession |
jvocals.com |
2 years |
Tracks a visitor across all wix.com sites. The information collected can be used to make advertisement more relevant for the visitor |
|
test_cookie |
doubleclick.net |
1 day |
Used to check if the user's browser supports cookies |
|
VISITOR_INFO1_LIVE |
youtube.com |
179 days |
Tries to estimate the users' bandwidth on pages with integrated YouTube videos. |
|
YSC |
youtube.com |
Session |
Registered a unique ID to keep statistics of what videos from YouTube the use has seen. |
|
yt-remote-cast-installed |
youtube.com |
Session |
Stores the user's video player preferences using embedded YouTube video. |
|
yt-remote-connected-devices |
youtube.com |
Persistent |
Stores the user's video player preferences using embedded YouTube video |
|
yt-remote-device-id |
youtube.com |
Persistent |
Stores the user's video player preferences using embedded YouTube video |
|
yt-remote-fast-check-period |
youtube.com |
Session |
Stores the user's video player preferences using embedded YouTube video |
|
yt-remote-session-app |
youtube.com |
Session |
Stores the user's video player preferences using embedded YouTube video |
|
yt-remote-session-name |
youtube.com |
Session |
Stores the user's video player preferences using embedded YouTube video |
5. Unclassified
|
Cookie name |
Source |
Expiry |
Purpose |
|
capsule|14517e1a-3ff0-af98-408e-2bd6953c36a2|4a090268-4d52-4a48-b22d-aeff927c0 457#wix-visitor-data-key-11c224c6-ab75-4cfd-ae0b-c78f6ab950c4 |
jvocals.com |
Persistent |
Unclassified |
|
wixSessionTS |
jvocals.com |
Persistent |
Unclassified |
How to control or delete cookies
Most browsers allow you to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings and learn how to use them, please consult the “Help” function of your browser, or the documentation published online for your particular browser type and version.
However, please
note that if you choose to refuse cookies you may not be able to use the full
functionality of our Site.
The following pages have information on how to change your cookies settings for the different browsers:
· Cookie settings in Internet Explorer
· Cookie settings in Safari and iOS
Third Party Websites' Cookies
When using our website, you may be directed to other websites for such activities as surveys, to make payment in currency other than U.S. dollars, or for job applications. These websites may use their own cookies. We do not have control over the placement of cookies by other websites you visit, even if you are directed to them from our website.
If you use the buttons that allow you to share products and content with your friends via social networks like Google, Twitter and Facebook, these companies may set a cookie on your computer memory. Find out more about these here:
https://www.facebook.com/about/privacy
http://twitter.com/privacy
http://www.google.com/intl/en-GB/policies/privacy
Need More Information?
If you would like to find out more about cookies and their use on the Internet, you may find the following link useful:
Cookies that have been set in the past
If you have disabled one or more Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
Contact us
If you have any questions or comments about this cookies policy, or privacy matters generally, please contact us via email at contact@jvocals.com.