Last Updated: Jul 1, 2021
Acceptance of the terms
Any and all third-party logos, names, trade names, trademarks, marks or third-party platform’s which the Product connects to, should not be construed as endorsed by us, or affiliated with us.
the site, the platform and the product are provided on an “as is” basis. breach digital shall not be liable for any damages or loss incurred to you or any other person as a result of or in connection with your use of the site or the content available therein, the platform and the product. your use of the site, platform or product is entirely at your own risk.
Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
You further represent and warrant that you are of legal competence to enter into these Terms and you are at least sixteen (16) years of age or otherwise above the age defined as “child” under applicable laws in your jurisdiction. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
Scope of Service
The Product is a browser add-on or a downloadable software which automates the process of generating and nurturing business leads on behalf of our Customers (collectively shall be referred to as the “Services”) utilizing a LinkedIn profile of their ownership.
Service Package: Customer may choose a pricing plan applicable to the Customer. The pricing plans are based on a monthly fee, all as detailed in our pricing quote. The fees shall be paid for using the agreed upon payment processor, if you fail to submit the payment your account may be suspended or terminated in Company’s sole discretion (“Service Fee”). All payments shall be in US Dollars or NIS and transferred through designated payment processor accounts, credit card or wire transfer. The Customer is solely responsible for payment of any taxes resulting from these Terms, any taxes required to be withheld shall not be deducted from the Service Fees. All payments occur in advance for each month and are non-refundable.  The terms of plan, including price and additional terms shall be incorporated herein by reference and such terms shall, together with these Terms, govern the relationship between the parties.
The customer is responsible for maintaining the confidentiality of the password and is solely responsible for all activities which occur under the account and the use of the password. Customer agrees to immediately notify us of any disclosure or unauthorized use or breach of security at: dpo@BreachDigital.com. Customer hereby represents and warrants that any and all information provided through the Service is and will be accurate and complete and Customer shall keep this information up-to-date at all times.
License Grant and Intellectual Property
Subject to your compliance with the Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the most current generally available version of the Product (including all updates thereto) and use the Services solely in connection with your lawful use. Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
You acknowledge that all right and interest in the Product’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Product or Service, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service.
Certain portions of the Product are provided together with third party software, that may be subject to their own term and conditions, licenses (collectively, “Third Party Software”). Such Third-Party Software is not subject to these Terms and is licensed under the terms and conditions of the license that accompanies such Third-Party Software. Nothing in this Agreement constitutes a waiver of the Company’s intellectual property rights under any law. If you contact the Company with feedback data (e.g., questions, comments, suggestions or the like) regarding the Company Properties (collectively, “Feedback”), such Feedback shall be deemed to be non-confidential, and the Company shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate into the Company Product any such Feedback.
Representations, Warranties and Restrictions of Use
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the Product is installed (ii) You will install the Product and use the Services only in accordance with our instructions; (iii) you will use the Product in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Product and Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product, or to manipulate the Product in any manner; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without its prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
Updates and Changes to Our Service
In addition, we reserve the right to discontinue some or all of the features of our Service at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service, or any portion thereof. If you are dissatisfied with the Service, your sole option is to discontinue or terminate your use of the Service.
Disclaimer of Warranty
Except as provided herein, we expressly disclaim all warranties of any kind regarding the product and services, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. The services are provided “as-is” and “as-available”. We will not be responsible for any damages which occurs as a result of your use of the services. We make no warranty that the services will be secured, free of viruses, worms, other harmful components, or program limitations. We make no warranty that any content and information available through the services is true, reliable or accurate. We make no warranty that we will correct any errors, defects or omissions. We do not, either expressly or impliedly, endorse, recommend or in any manner assume any responsibility for any decision made or action taken or not taken in reliance or through the services, nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions (including, without limitation, any loss of data or other damage to the device).
Limitation of Liability
You expressly acknowledge and agree that in no event we (including, without limitation, our affiliates and their respective officers, directors, employees, and agents, vendors, distributors, third-party licensors, or equipment and service providers) shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for lost profits, lost business or lost opportunity, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages) or other relief arising out of, or related to, these terms or your use or inability to use the services. Our liability shall not exceed the cost of the service actually paid by you during the six (6) months preceding the applicable claim. Some states or jurisdictions do not allow the exclusion or the limitation of liability for damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
When using the Product, you will grant access to data collection for the purpose of the Services. Hence, to the extent applicable to the parties, the parties shall comply with the terms and condition of the Data Processing Agreement, which is available and can be downloaded here. You further acknowledge and agree that the Company is solely a service provider, and has no contractual relationship or interaction with end users. You acknowledge that the data collection through the Service is designed to and based on permission and disclosures presented to the end users, as required under applicable laws. Thus, in the event required, you shall be responsible to obtain the end users’ consent to the collection and processing of data through the Services, by displaying permissions, notices or consent mechanism. You will enable the end user to opt-out of data collection, as required under applicable laws.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Product and Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Product or Services (including your violation of any third party rights).
Terms and Termination
This Agreement shall commence upon acceptance of these Terms and shall remain in full force and affect, with monthly renewal, until terminated by either party. The Customer may terminate the Agreement by providing the Company with thirty (30) days prior written notice (email correspondence shall be sufficient).   The Company may terminate this Agreement for convenience immediately, by notifying the Customer. Furthermore, Company may immediately terminate this Agreement if Customer: (i) acts in a manner which breaches or may breach any of the terms of this Agreement; or (ii) becomes insolvent or bankrupt or compounds with or grants a trust deed for the benefit of his creditors.
Upon termination (i) Customer shall pay the Company any and all amounts due, including the applicable Service Fee; (ii) all rights granted under the applicable license shall immediately expire and Customer must immediately cease the use Company Properties; (iii) each party shall return to the other party any Confidential Information or any other content granted or made available from the other party and all copies thereof; ; and (iv) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive the termination on this Agreement.
During the term of the Agreement, each party agrees that it will not disclose or use the Confidential Information of the Disclosing Party without the prior written consent, except as permitted under this Agreement. Each party agrees to use the other party’s Confidential Information only to fulfill its obligations and exercise its rights under this Agreement and to prevent the disclosure of the other party’s Confidential Information other than to whom must have access to such Confidential Information for the purpose of performing the obligations herein. Customer acknowledges that disclosure of Company’s Confidential Information may cause Company with substantial harm, thus, upon breach of this provision Company shall be entitled to seek appropriate equitable relief in addition to any other remedies it may have at law. “Confidential Information” shall mean any non-public, proprietary, confidential or trade secret information of a party that a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive, including, without limitation, business procedures, technology and any related documentation, client list, developments, business partners or other information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party") either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment. Confidential Information shall not include any information which: (i) was known to the Receiving Party or in its possession at the time of disclosure without any confidentiality obligation; (ii) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party; (iii) is independently developed by the Receiving Party without reliance on or use of the Confidential Information or any part thereof and the Receiving Party can show written proof of such independent development or (iv) required to be disclosed by applicable law, regulatory authority or a valid court order, provided that the Receiving Party shall provide the Disclosing Party with reasonable prior written notice of the required disclosure in order for the Disclosing Party to obtain a protective order and the disclosure shall be limited to the extent expressly required; (v) is approved for release by prior written authorization of the Disclosing Party; or (vi) the Receiving Party can demonstrate was disclosed by the Disclosing Party to a third party without any obligations of confidentiality.
Dispute Resolution 
Any dispute you have with us, you agree to first contact us at: dpo@BreachDigital.com, and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and us are each waiving the right to a trial by jury or to participate in a class action.
If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. This arbitration agreement will survive the termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in an arbitration proceeding located in Florida, USA, for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
We may amend these Terms from time to time, at its sole discretion and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these Terms, at our sole discretion. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Product and our Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion.
Breach Digital ltd. dba Breach Digital (collectively “Breach Digital” or “Company” or “we” or “us” or “our “) developed and maintains a subscription-based application, chrome extension and hands-on lead-generation service, automating the process of generating and nurturing business leads (“Business Leads”) on behalf of our customers (“Customers”), as we as its designated site currently available at: http://www.BreachDigital.com/ (respectively “Platform” and "Website", and collectively the "Services").
Types of information we collect
Depending on your interaction with us (meaning, if you are just browsing our Website, or if you have registered to our Services and opened an account, etc.), we may collect two types of information you, as follows:
· The first type of information is non-identifiable information which may be made available or gathered through your use of the Services. To clarify, we are not aware of your identity due to such information (“Non-Personal Information”). The Non-Personal Information which is being collected may include usage information and technical information transmitted or automatically collected.
· The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). Personal Information may include contact information such as your name, email address, etc., as well as Internet Protocol (“IP”) addresses.You are not required by law to provide us with any information. You can always avoid providing us certain Personal Information; however, you acknowledge that it may prevent you from engaging in certain Services.
In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
Information we collect from visitors of our Website
In the event you contact us for support or other inquiries, by sending us an email or by other means of communications we make available, you will be requested to provide us your full name and email address.
We will process this information based on our legitimate interests, and solely for the purpose of responding to your inquiries and provide you with the support or information you have requested. We will retain our contact history and correspondence, in the event we find it applicable (e.g., in the event of future claim, to provide you with support, or to improve our services).
1. We also collect certain technical data (as detailed above) which relates to your use of the Services. This type of data may include the type of operating system, approximate geo-location, the time and date you access our Website and your actions within our Services.
We use this technical data in order to operate and manage our Website.
Information We Collect from Customers
In order to use our Services, you will be required to register and open an account. During the registration flow you will be requested to provide us with certain information such as your first name and email address. Further, during the registration process you will be required to choose a password, at which time you thereby represent and warrant that you are responsible for maintaining the confidentiality of your password. You represent and warrant that you will not provide us with inaccurate, misleading or false information.
We will use this information for the purpose of performing our contract with you, provide you with the Services you have requested, and designate your account. We will use your email address in order to send you needed information related to the Services and our business engagement (e.g., to notify you regarding any updates to our Services, send applicable invoices, and additional occasional communications related to the Services) as well as verify your identity.
In addition, we may process your Personal Information under our legitimate interests, for example, to send you marketing and promotional messages and offers related to our Services as well as our newsletter. You are able to unsubscribe from receiving such correspondence from us by clicking on the designated link in the applicable massage that we will send you or by contacting us at: firstname.lastname@example.org
Please note that if you choose to unsubscribe from direct marketing, we may still retain your contact details and send you relevant service-related information.
You may also choose to provide sign in credentials to your social network account (such as LinkedIn or Twitter) in order to provide the Services. Such network account may provide us with access to certain information about you as stored therein (e.g., full name, e-mail and any other information which you made public).
We will use this information for the purpose of performing our contract with you, provide you with the Services you have requested, such as to send connection requests or direct messages to Business Leads.
If you choose to send messages to Business Leads, we will collect the contents of such messages in order to provide you with the service.
We will use this information for the purpose of performing our contract with you, provide you with the Services you have requested.
In the event you wish to purchase a subscription to our service, you will provide a bank transfer of the payment
We do not collect your payment details.
Publicly Available Information of Business Leads
How we collect information
Depending on the nature of your interaction with the Services, we may collect information as follows:
In general, there are several types of cookies that may be used on our Website including the following:
(i) Essential, Functionality, Operation & Security Cookies. These cookies are essential for enabling user movement around the Website, for the Website and certain features of the Services, as applicable, to function properly, and for security purposes (i.e., used for authentication purposes, prevent fraudulent use, and protect from unauthorized parties). This category of cookies either cannot be disabled or if disabled, certain features of the Website or Services may not work.
(ii) Analytical, Measurement & Performance Cookies. These cookies are used to collect information about how our Website and Services are being used, in order to improve them and the way they are offered. These cookies enable us, for example, to assess the number of users who have viewed a certain page as well as their country of origin.
(iii) Targeting & Advertising Cookies. These cookies are set by our third-party service providers. They may be used to build a profile of your interests and show you personalized content and advertisements. They work by uniquely identifying your browser and device.
The third-party cookies used on our Website are as follows :
Analytical, Measurement & Performance
For additional information regarding our use of Google products, click here.
Analytical, Measurement & Performance
Functionality & Operation
Analytical, Measurement & Performance and Targeting & Advertising
Analytical, Measurement & Performance and Operation & Functionality
Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your device. Each browser is different, but generally, users can remove cookies by following directions provided in the browser’s “help” file. Also, you are free to delete any existing cookies at any time. Please note that, if you reject cookies or disable cookies, some features of the Website or Platform may not function properly. For your convenience, see the links below for additional information (click on the applicable type of browser you are using): Google Chrome ; FireFox ; Internet Explorer ; Safari ; Edge ; Opera
With whom do we share the information, and for what purpose
We do not share any Personal Information collected from you with third parties or any of our partners except in the following events: (i) if we have a good faith belief that disclosure of such information is reasonably necessary to comply with any applicable law or legal process; to detect and prevent fraud or other security issues; (ii) in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation or asset sale); (iii) we may also process your information by our third-party services providers, that may include our affiliated companies. These services providers are instructed to process the data solely as we request and on our behalf.
We retain the information we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out. We may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.
HOW DO WE SAFEGUARD INFORMATION
We take great care in implementing and maintaining the security of the Company’s Website, Services and your information. We employ industry standard procedures and policies to ensure the safety of our users’ information and prevent unauthorized use of any such. We have implemented technical, physical and administrative security measures to protect the Personal Information. In addition, we limit access to your information on our servers. The data collected by us is stored in the Airtable and AWS data servers, for more information regarding the data security provided by AWS, please see: https://aws.amazon.com/security/ https://www.airtable.com/security#privacy-compliance-and-data-processing-addendum
.Further, in the event of a data incident, in which we discover your Personal Information may be at risk, then we will make reasonable efforts to notify you and the applicable authority (if required, subject to applicable laws).
YOUR RIGHTS, CHOICES AND CONTROLS OF YOUR PERSONAL INFORMATION
Individuals have the right to know what information we hold about them and, in some cases, to have such information communicated to them. Individuals may also ask for our confirmation as to whether or not we process their Personal Information. Subject to the limitations in applicable law, individuals may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party.
Please review our User Rights Policy for more information regarding the rights you may have under the relevant data protection and privacy laws in your jurisdiction.
If you wish to exercise any or all of the above rights, please fill out the Data Subject Request Form (“DSR”) available here and send it to our privacy team at: dpo@BreachDigital.com.
Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply. Please note that you have the right at any time to contact your local data protection authority.
We may send our Customers an email or other messages. You can remove your Personal Information from our mailing list and stop receiving promotional communications from us by emailing us at dpo@BreachDigital.com. Please note that in the event you are our Customer, even if you unsubscribe, we reserve the right to send you service-related communications, including service announcements and administrative messages, relating either to your account, without offering you the opportunity to opt out of receiving them unless you terminate and delete your account. If you wish to delete your Account, please contact us at: dpo@BreachDigital.com. Note that, even if we will delete your account, we will not delete certain information required under applicable law or otherwise, required for the legitimate purposes of our business.
GOOGLE CHROME WEB STORE POLICES
Our browser extension, available to our Customers as part of our Platform, will adhere to the Chrome Web Store User Data Policy, including the Limited Use requirements.
If you have any questions or comments about this Policy, or any concerns with respect to how your privacy any information are handled, please contact us at:
Breach Digital, ltd.
3650 NW 82 avenue suite 401, Doral, FL 33166
You can also contact us via email at: dpo@BreachDigital.com
DATA PROTECTION OFFICER:
If you have any requests regarding the data collected under this Policy, including without limitation, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer at: dpo@BreachDigital.com. Please include your name, address and email address in any correspondence so that we can respond to your inquiry or request.
If you have any questions or comments about these Terms, please contact us at:
Breach Digital, ltd.
Ben Yehuda 204, Tel Aviv, Israel
You can also contact us via email at: dpo@BreachDigital.com