Askem Terms of Service
Last modified: September 11, 2013
Welcome to Askem!
Thanks for using our products and services (“Services”). The Services are provided by NewmarkLtd. (“Askem”), located at 6, Yan Huniadi blvd., Town of Varna 9020, Bulgaria
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Askem’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Askem Account
You need an Askem Account in order to use our Services. You have to create your own Askem Account, or your Askem Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Askem Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
Privacy and Copyright Protection
Askem’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Askem can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the local legal acts.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Askem’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to create or submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Askem (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business market research results shared to other Askem users). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Askem gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Askem as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Askem, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Askem may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ASKEM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, ASKEM, AND ASKEM’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ASKEM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, ASKEM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
BY USING THE ASKEM SERVICES, SOME FINANCIAL RELATIONS OCCUR BETWEEN YOU AND ASKEM. ASKEM KEEPS IT’S RIGHT TO EDIT OR CHANGE FINANCIAL RECORDS WHICH WILL NOT CAUSE ANY LEGAL OR FINANCIAL RESPONSIBILITY AND CAN’T LEAD TO ANY CLAIMS ON YOUR BEHALF.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Askem and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Askem and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of European community, excluding European community’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the local courts of corresponding country where Askem operates, and you and Askem consent to personal jurisdiction in those courts.
For information about how to contact Askem, please visit our contact page.
Last modified: September 11, 2013
There are many different ways you can use our services – to share information, to create new content. When you share information with us, for example by creating a Askem Account, we can make those services even better – to show you more relevant marketing campaigns and ads, or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
What information we collect and why we collect it.
How we use that information.
The choices we offer, including how to access and update information.
We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Askem so whether you are new to Askem or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which marketing campaigns you’ll find most attractive.
We collect information in two ways:
Information you give us. For example, many of our services require you to sign up for a Askem Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible Askem Profile, which may include your name and photo.
Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Askem may associate your device identifiers or phone number with your Askem Account.
When you use our services or view content provided by Askem, we may automatically collect and store certain information in server logs. This may include:
details of how you used our service.
telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
Internet protocol address.
device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
cookies that may uniquely identify your browser or your Askem Account.
When you use a location-enabled Askem service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
Unique application numbers
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Askem when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Askem and our users. We also use this information to offer you tailored content – like giving you more relevant marketing campaigns.
When you contact Askem, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored marketing campaigns, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
Askem processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.
Transparency and choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
Review and control certain types of information tied to your Askem Account by using Askem profile management tool.
View and edit your ads preferences, such as which categories might interest you, using proffile Settings. You can also opt out of certain Askem services here.
Take information out of many of our services.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of Askem unless one of the following circumstances apply:
With your consent
We will share personal information with companies, organizations or individuals outside of Askem when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
For external processing
For legal reasons
We will share personal information with companies, organizations or individuals outside of Askem if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
meet any applicable law, regulation, legal process or enforceable governmental request.
enforce applicable Terms of Service, including investigation of potential violations.
detect, prevent, or otherwise address fraud, security or technical issues.
protect against harm to the rights, property or safety of Askem, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
We work hard to protect Askem and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
We encrypt many of our services using SSL.
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to Askem employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.