FBE WORLD LIMITED
FBE WORLD LIMITED, a Seychelles company, (“us,” “we,” the “Company” or “Foobee”) has published the following Terms of Use, Privacy and Cookie Policies, and Dating Safety Policy as follows:
Terms of Use
- Acceptance of Terms of Use Agreement.
By creating a Foobee account or by using the Foobee iMessage app (“Foobee Stacks”), whether through a mobile device, mobile application or computer (collectively, the “Services”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, which is incorporated by reference into this Agreement, infra, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, including but not limited to the Token Sale (collectively, this “Agreement”). We also recommend that you review our Dating Safety policy, infra, as your safety is of the highest concern and ultimately you are responsible for your safety. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on www.foobee.io, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
- Eligibility.
You must be at least 18 years of age to create an account on Foobee and use the Service. The Service is NOT available to U.S. residents and U.S. residents are expressly prohibited from using the Service and prohibited from purchasing, transferring, utilizing, or holding FBE Tokens. By creating an account and using the Service, you represent and warrant that:
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear in the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations,
- you are not a resident of the U.S. nor of any jurisdiction where use of the Services may be unlawful or prohibited; and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
- Your Account.
In order to use Foobee, you must sign in using your mobile telephone number. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Foobee, and you are solely responsible for all activities that occur under those credentials. Foobee nor any of its past, current, or future Board Members or employees are NOT responsible or liable in any way for any authorized or unauthorized activities that occur under those credentials, including, but not limited to, any FBE Tokens held or transferred in the wallet associated with those credentials. If you think someone has gained access to your account, please immediately contact [email protected].
- Foobee Stacks.
Foobee Stacks is an iMessage app that allows users to have a Foobee-like experience outside of Foobee. Through Foobee Stacks, you can select photos from your mobile device to create your own card stack to share with your contacts. Contacts who have Foobee Stacks will be able to vote on the photos by swiping right, swiping left or using the voting buttons. Foobee Stacks operates separately from the main Foobee experience, so when you use Foobee Stacks, you aren’t creating an account, logging in with Facebook, sharing your Facebook details with us or creating a profile that will be shown on Foobee.
- Modifying the Services and Termination.
Foobee is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may modify, delete, or add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes, Google Play). Foobee may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Foobee: Section 5, Section 6, and Sections 13 through 20.
- Safety; Your Interactions with Other Users.
Though Foobee strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Foobee’s Safety Policy prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FOOBEE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FOOBEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
- Rights Foobee Grants You.
Foobee grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Foobee and permitted by this Agreement. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Foobee’s prior written consent.
- express or imply that any statements you make are endorsed by Foobee.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Services.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Foobee’s prior written authorization.
- use meta tags or code or other devices containing any reference to Foobee or the Service (or any trademark, trade name, service mark, logo or slogan of Foobee) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
- use, access, or publish the Foobee application programming interface without our written consent.
- probe, scan or test the vulnerability of our Services or any system or network.
- encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
- Rights you Grant Foobee.
By creating an account, you grant to Foobee a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Foobee users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Foobee above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Foobee allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Foobee regarding our Services, you agree that Foobee may use and share such feedback for any purpose without compensating you.
You agree that Foobee may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
- Community Rules.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
Foobee reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Foobee regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
- Other Users’ Content.
Although Foobee reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Foobee cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via [email protected].
- Purchases.
In App Purchases. From time to time, Foobee may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Foobee (each, a “Software Store”). These in-app purchases may be made with fiat currency or FBE Tokens. If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Foobee application from your device. Deleting your account on Foobee or deleting the Foobee application from your device does not cancel your subscription; Foobee will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Foobee Online Purchases.
If you choose to make a purchase through Foobee Online, you agree to pay Foobee all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Foobee to charge your chosen payment provider or accept transfer of FBE Tokens (your “Payment Method”). Foobee may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Foobee may terminate your account immediately in its sole discretion.
If you purchase a subscription through Foobee Online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Foobee Online and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting Foobee Online and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method, including FBE Tokens, and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Foobee will be through MTCH Technology Services Limited.
- Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us at [email protected] with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written 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
- 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.
- Disclaimers.
FOOBEE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOOBEE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
FOOBEE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
- Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Foobee is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Foobee is not responsible or liable for such third parties’ terms or actions.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOOBEE, ITS BOARD MEMBERS, AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FOOBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOOBEE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FOOBEE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Fairfax County, Virginia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Foobee does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
- Governing Law.
For users residing in a jurisdiction where our arbitration agreement is prohibited by law, the laws of the Republic of Seychelles, excluding the Republic of Seychelles’ conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Seychelles governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
- Venue.
Except for users residing in a jurisdiction who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the duly authorized courts of the Republic of Seychelles, and you and Foobee consent to personal jurisdiction in those courts.
- Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Foobee, past or present Board of Advisors, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
- Entire Agreement; Other.
This Agreement, with the Privacy Policy, the Safety Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Foobee regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Foobee account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Foobee in any manner.
FBE WORLD LIMITED
PRIVACY POLICY
This Privacy Policy constitutes a part of Foobee Terms of Use (the “TOU”). The terms used in this Privacy Policy shall have the same meanings as in the TOU except as otherwise provided herein.
This Privacy Policy explains how FBE WORLD LIMITED, and Foobee Operators collect, use, process, disclose, share, transfer, and protect personal information obtained through Foobee and its partners. The terms “we,” “us,” and “our” refer to Foobee and Foobee Operators. When we ask for certain personal information from users, it is because we are required by applicable laws or government orders to collect such information or it is relevant for our specified purposes.
Please carefully read the full content of this Privacy Policy. When visiting Foobee, regardless of whether or not you register for or log in the Foobee Services, you acknowledge, understand, and consent to all articles described in this Privacy Policy. We will not use your personal information for any purpose not covered in this Privacy Policy or the TOU (including any other business rules of Foobee) without prior notification to you and your consent.
The latest Privacy Policy has incorporated elements from the General Data Protection Regulation (GDPR) as we act in accordance with its personal information processing rules within the European Economic Area (EEA). We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to third countries if required by applicable laws.
- INFORMATION WE COLLECT
The followings are the types of information we collect when you register for and use Foobee Services:
1.1 Information You Provide to Us When Registering
When you create a Foobee Account, you provide us with any of the following: your phone number, email address, name, date of birth, nationality, country code, gender, signature, utility bills, home address, password, and other information to help us identify you (“Identification Information”).
If you agree to use biometric authentication methods to log in or use Foobee services, such as fingerprint recognition and facial recognition, you need to provide us with the corresponding information, such as the fingerprint information and facial information, and your consent to the processing of your biometric data.
1.2 Information We Collect to Comply with Regulatory Policies
To comply with global industry regulatory standards, local industry regulatory standards, and government orders in different aspects such as Anti-Money Laundering (AML), Know-Your-Client (KYC), and Counter-Terrorist Financing (CTF), Foobee is required to collect personal information in addition to Identification Information, such as identity documents (including passport, driver's license, national identity card, state ID card, tax ID number, passport number, driver's license details, national identity card details, visa information, etc.), proof of address, source of fund declaration, purposes of fund documents, and source of wealth (“Regulation Information”). We will explain to you the content and requirements of such personal information each time we collect information and we reserve the right to change the content and requirements of the collected information as the global industry regulatory standards, local regulatory standards or government orders change. This provision applies to both personal and institutional Foobee Accounts.
1.3 Information We Collect as You Use Foobee Services
a Service Usage Information
Through your access to and use of Foobee Services, we may monitor and collect tracking information related to usage including but not limited to your phone number, access date and time, device type and device identification, operating system and hardware setting, browser type, and information derived from SIM card, network operator, IP address, GPS, base station and WLAN (“Service Usage Information”). This information may be directly obtained by Foobee or through third-party service providers. The collection of Service Usage Information helps our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations.
b Transaction Information
For all personal and institutional user accounts, we may collect transaction information as you use Foobee Services, including but not limited to deposit snapshots, account balances, trade history (such as transaction initiation, payment method, price, quantity, time, withdrawal and authorization information), order activity, and distribution history (“Transaction Information”). We collect such transaction information to monitor suspicious trading activity for user fraud protection, legal case resolution, and any other purposes disclosed in this Privacy Policy.
c Communication Information
You agree that, for the purposes disclosed in this Privacy Policy, we are entitled to collect and use the information contained in or related to the communication that you send to us or generated through your use of Foobee Services (“Communication Information”), which includes:
- all messages, requests or other information you send in the course of your contact with Foobee;
- all communications and file attachments in connection with your transactions with other users or other data generated primarily through your communications with them.
d Financial Information:
You agree that, for the purposes disclosed in this Privacy Policy, we are entitled to collect and use the information contained in or related to your financial information when you use Foobee Services, including without limitation, bank account information, payment card primary account number (PAN), transaction history, trading data, and/or tax identification. We collect such financial information to monitor suspicious financial activity for user fraud protection, legal case resolution, and any other purposes disclosed in this Privacy Policy.
- HOW WE COLLECT INFORMATION
2.1 Information Foobee Automatically Collects
Most of the personal information that we collect is directly provided by you. In the following situations, we will collect and process the information about you:
- where you register for, log in or visit Foobee, or use any service of Foobee;
- where you voluntarily complete any user survey or provide feedback to us via email or any other channel;
- where you use cookies of the browser or software in visiting or using our website or APPs;
- other situations where we may automatically collect your information as mentioned in this Privacy Policy or our TOU (including the Foobee Platform Rules, the same below).
2.2 Information Collected from the Third-party Sources
We may collect information about you from third-party sources, including but not limited to, the following channels:
- public databases, credit bureaus and ID verification partners;
- blockchain data;
- marketing partners and resellers;
- advertising partners and analytics providers.
2.3 Anonymized and Aggregated Data
Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated personal data (i.e. information about our Users that we combine together so that it no longer identifies or references an individual User).
We may use anonymized or aggregate customer data for any business purpose, including to better understand Users’ needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.
- HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect about you for the following purposes or in the following ways:
3.1 To Provide and Maintain Foobee Services
We use the information collected to deliver, maintain and provide better Foobee Services (including but not limited to processing transactions) and verify Users’ identities.
We use the IP address and unique identifiers stored in your device’s cookies to help us authenticate your identity and activities and provide Foobee Services. Given our legal obligations and system requirements, we cannot provide you with all or some of Foobee Services without data like Identification Information, Supervision Information, Service Usage Information, Communication Information, and Transaction Information.
3.2 To Protect Our Users
We use the information collected to protect our platforms, Users’ accounts, and archives.
We use IP addresses and cookies to protect against automated abuse such as spam, phishing, and Distributed Denial of Service (DDoS) attacks.
We analyze trading activities with the goal of detecting suspicious behaviors as early as possible to prevent potential fraud and loss of funds to bad actors.
3.3 To Comply with Legal and Regulatory Requirements
With respect to the privacy and security of personal information, we will use the information in compliance with our legal obligations, government requests, and reasonable user-generated inquiries. In cases where it is strictly necessary, such as to protect the vital interests of the Users or other natural persons, to fulfill the purpose of public interest, to pursue our reasonable interests (but not to damage the interests of the Users), we may process your personal information without your consent. Except for the situations stated in this Privacy Policy or the TOU, we will not disclose or provide any of your personal information to third parties without a review from our legal team and/or prior consent from the User.
3.4 For Measurement, Research and Development Purposes
We actively measure and analyze data to understand the way you use and interact with Foobee Services. This review activity is conducted by our operation teams to continually improve our Platforms’ performance and to resolve issues with the user experience. In addition, we use such information to customize, measure, and improve Foobee Services and the content and layout of our websites and apps, and to develop new services.
We continuously monitor activity information within our systems and our communications with users to look for and quickly fix problems.
3.5 To Communicate with You
We use personal information collected, like your phone number or email address to interact with you directly when providing customer support on a ticket or to keep you informed on logins, transactions, account security and other aspects. Without collecting and processing your personal information for confirming each communication, we will not be able to respond to your submitted requests, questions, and inquiries. All direct communications are properly kept at Foobee or the service provider designated by Foobee, to be reviewed for accuracy, to be kept as evidence, or to be used to perform other statutory or contractual obligations.
3.6 To Enforce Our TOU and Other Agreements
The collected information is also used to continually and actively enforce our TOU and other agreements with our Users, including but not limited to reviewing, investigating, and preventing any potentially prohibited or illegal activities that may violate the foregoing provisions, or disclose the relevant information to a third party in accordance therewith.
Foobee reserves the right to suspend or terminate provision of any Foobee Services to any User found to be engaged in activities that violate our TOU and other agreements with our Users.
3.7 To Facilitate Corporate Acquisitions, Mergers, or Transactions
We may process any information regarding your Foobee Account and use of Foobee Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions.
3.8 For Marketing and Advertising
We may share your personal information with our marketing partners for the purposes of targeting, modeling, and/or analytics as well as marketing and advertising.
3.9 For Rebates
We may share the information collected, including but not limited to your Identification Information and Transaction Information, with your referrer for the purposes of rebates and other benefits.
3.10 For Any Other Purpose
We may disclose your personal information for any other purpose you consent to.
- MARKETING
If we think you may like specific Foobee Services or products and services of our partners, we hope to keep you informed about such products or services.
If you agree to receive the above marketing information, you can choose to receive it at any time in the future.
You have the right to ask us at any time to stop contacting you for marketing purposes or to send relevant information to you. If you do not want to be contacted for marketing purposes in the future, please click on the unsubscribe link in the bottom of the marketing email and submit your request to unsubscribe.
- HOW WE STORE AND PROTECT USER DATA
Foobee has kept your personal information safe using fault-tolerant secured storage with industry standard encryption and implemented a number of security measures to ensure that your information is not lost, abused, or altered, including, but not limited to:
5.1 Physical Measures
Materials containing your personal information will be stored in a locked place.
5.2 Electronic Measures
Computer data containing your personal information will be stored in the computer systems and storage media that are subject to strict log-in restrictions.
5.3 Management Measures
Only authorized employees are permitted to come into contact with your personal information and such employees must comply with our internal confidentiality rules for personal data. We have also imposed strict physical access controls to buildings and files.
5.4 Technical Measures
Encryption technology such as PCI Scanning and Secured Sockets Layered Encryption may be used to transmit and store your personal information. We use various currently available general security technologies and supporting management systems to minimize the risks that your information may be disclosed, damaged, misused, accessed without authorization, disclosed without authorization, or altered.
5.5 Other Measures
Our web server is protected by the “firewall”.
Please note that it is impossible to guarantee 100% security of information. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information.You agree that we shall not be liable for any information leakage and other losses not caused by our intention or gross negligence, including but not limited to hacker attack, power interruption, or unavoidable technical failure, to the maximum extent permitted by law.
If you suspect that your personal information has been compromised, especially account and/or password information, please lock your Foobee Account and immediately contact Foobee Customer Support team at https://www.Foobee.com/en/support/requests/new.
Unless otherwise stipulated by law or the TOU, you agree that we have the right but not the obligation to retain all the collected personal information for the duration of your Foobee Account for 5 more years after the account is closed.
- TRANSFERS OF PERSONAL INFORMATION
You understand that we have the right to have all or some of the collected personal information transferred to or stored in other countries or regions than your country of nationality, your country of residence, or the country where the server is, without your specific consent, under the following circumstances:
6.1 if it is necessary to protect, process, analyze, reasonably use the personal information;
6.2 if it is necessary to enforce the TOU and other agreements with our Users;
6.3 if it is necessary for the public interest;
6.4 if it is necessary to establish, exercise or defend the rights of us, our partners, or other Users;
6.5 other circumstances required by law or government orders.
- COOKIES
7.1 What Are Cookies?
Cookies are small amounts of data that are sent to your browser and stored on your computer’s hard drive to collect standard internet log information and visitor behavior information. When you visit Foobee, we can automatically collect information from you through cookies or similar technologies.
For more information, please visit:www.allaboutcookies.org
7.2 How Do We Use Cookies?
We use cookies in a range of ways to make your experience on our Platforms more enjoyable, including but not limited to:
- to keep you signed in;
- to record your habits and preferences when browsing Foobee;
- to record our performance and verify the effectiveness of online advertising through Google Stats with cookies.
7.3 What Types of Cookies Do We Use?
We use different types of cookies, including but not limited to:
- Functional Cookies
We use such cookies to help us identify you and remember your previous preferences and settings, which may include your device, your operating system, your preferred language, your location, and other session data. We use a mix of first-party and third-party cookies.
- Marketing Cookies
We use these cookies to collect information about your visit to Foobee, the content you view, the links you follow, and other information about your browsers, devices, your IP addresses and referral URLs. We sometimes share certain parts of the collected information with third parties for marketing purposes. We may also share online data collected through cookies with our marketing partners. This means that when you visit another website, you may also be shown advertisements based on your browsing patterns on Foobee.
7.4 How to Manage Cookies?
Most browsers are preset to accept cookies. You can adjust your browser setting to prevent cookies or to notify you as soon as cookies are loaded. However, stopping all cookies might mean that you cannot access or use some features of the Foobee.
- DATA PROTECTION RIGHTS THAT YOU ENJOY
We hope to ensure that you are fully aware of the data protection rights that you enjoy. Unless otherwise required by law or government orders, each User has the following rights:
8.1 Right of Access
You have the right to access or obtain copies of your personal information. We may charge a reasonable fee for providing the access service.
8.2 Right to Rectification
You have the right to correct your personal information that you deem inaccurate. You also have the right to ask us to complete the personal information that you deem incomplete within a reasonable limit.
8.3 Right to Erasure (Right to be Forgotten)
You have the right to request the erasure of your personal data under certain circumstances.
8.4 Right to Restriction of Processing
Under certain circumstances as required by law or as specifically reminded by us, you have the right to request us to restrict the processing of your personal information; however, you understand that such restriction of the processing may prevent us from providing you with some of Foobee Services.
8.5 Right to Object
Under certain circumstances as required by Law or as specifically reminded by us, you have the right to object to the processing of your personal information; however, you understand that such objection to the processing may prevent us from providing you with some of Foobee Services.
8.6 Right to Data Portability
Under certain circumstances as required by Law or as specifically reminded by us, you have the right to request us to transmit the personal information that we collect to another body, or directly to you. We may charge a reasonable fee for providing the transmission service.
- PRIVACY POLICIES OF OTHER WEBSITES
9.1 Privacy Policies of Non-Foobee Websites
If you visit other third-party platforms or partner’s websites, apps via the links on Foobee, you should agree with and abide by their separate and independent privacy policies. We are not responsible for the content or the activities therein.
9.2 Privacy Policies of Foobee
This Privacy Policy applies to all platforms, websites, and departments of Foobee.IO and Foobee ecosystem. If you visit any link to any sub-platforms of Foobee, you should agree with and abide by the separate and independent privacy policies of such sub-platforms. If the privacy policy of any sub-platform conflicts with this Privacy Policy, the privacy policy of such sub-platform shall prevail.
- CHANGES TO THIS PRIVACY POLICY
From time to time, Foobee may revise this Privacy Policy to reflect changes in Law or our personal-data collection, processing, and use practices. Changes to this Privacy Policy will be announced by posting on the https://www.Foobee.com/en/privacy. You shall regularly review the Privacy Policy and pay attention to its revisions. If you do not agree with the revised content, you shall stop accessing Foobee immediately. When an updated version of the Privacy Policy is released, your continued access to Foobee means that you agree to the updated content and agree to abide by the updated Privacy Policy.
- CONTACT US
We are committed to respecting the freedoms and rights of all our Foobee Users. Should have any questions or concerns regarding this Privacy Policy, or if you would like to file a data protection request, please contact us on our Support Page at https://www.Foobee.io/en/support.
Dating Safety
With so many people on Foobee, user safety is a priority. We understand that meeting someone for the first time whether online, through an acquaintance or on an outing is intriguing and exciting. However, your safety is very important, and because you are in control of your Foobee experience, there are certain safety steps that you should follow while dating – both online and offline.
We ask you to read the tips and information below, and strongly urge you to follow these guidelines in the interest of your personal safety and well-being. However, you are always the best judge of your own safety, and these guidelines are not intended to be a substitute for your own judgment.
Online Behavior
Protect Your Finances & Never Send Money or Financial Information
Never respond to any request to send money, especially overseas or via wire transfer, and report it to us immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace the money. For more information, click on the video below to the U.S. Federal Trade Commission's advice to avoid online dating scams.
Protect Your Personal Information
Never give personal information, such as: your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.
Note: Foobee will never send you an email asking for your username and password information. Any such communication should be reported immediately.
Be Web Wise
Block and report suspicious users. You can block and report concerns about any suspicious user anonymously at any time on Foobee – while swiping or after you’ve matched. Keep conversations on the platform. Bad actors will try to move the conversation to text, personal email or phone conversations.
Report All Suspicious Behavior
Additionally, please report anyone who violates our Terms of Use.
Examples of terms of use violations include:
- Asks you for money or donations
- Requesting photographs.
- Minors using the platform
- Users sending harassing or offensive messages
- Users behaving inappropriately after meeting in person
- Fraudulent registration or profiles.
- Spam or solicitation, such as invitations to call 1-900 numbers or attempts to sell products or services.
Offline Behavior
First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:
Get to Know the Other Person
Keep your communications limited to the platform and really get to know users online/using the app before meeting them in person. Bad actors often push people to communicate off the platform immediately. It’s up to you to research and do your due diligence.
Always Meet and Stay in Public
Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment. If your date pressures you, end the date and leave at once.
Tell Your Friends and Family Members of Your Plans
Inform a friend or family member of your plans and when and where you’re going. Make sure you have your cell phone charged and with you at all times.
Transport Yourself to and from the Meeting
You need to be independent and in control of your own transportation, especially in case things don’t work out.
Stay Sober
Consumption of alcohol and/or other drugs can impair your judgment and potentially put you in danger. It’s important to keep a clear mind and avoid anything that might place you at risk. Be aware that bad actors might try to take advantage of you by altering your beverage(s) with synthetic substances.
Health
Foobee welcomes everyone and empowers our community of users to create and cultivate relationships. An important aspect of any healthy relationship though – whether formed on Foobee or otherwise – is ensuring proper sexual health and safety. And as a member of the Foobee community it is your responsibility to make sure you do the following, if you choose to engage in sexual activity.
Protect Yourself.
You and your partner should use proper protection. Condoms and other mechanisms can significantly reduce the risk of contracting or passing on an STI, such as HIV. To be effective, however, protective measures must be used consistently. Please keep in mind, you can still get certain STIs, like herpes or HPV from contact with your partner’s skin even when using a condom.
Be Open and Honest
It is completely reasonable to have a conversation with your partner regarding sex and sexual contact before actually having it. All issues ranging from the number of partners each of you has had, to the last time each of you was tested for STIs are fair game. Many STIs are curable or treatable. If either you or your partner has an STI that is curable, you both need to start treatment to avoid becoming reinfected. It is important to be completely honest in these conversations.
Vaccinate
The risk of contracting some STIs can be reduced through vaccination. Talk to your doctor or a professional at a sexual health clinic to learn more.
Know Your Status
Know your status. Some STIs don't show symptoms. Regular testing is critical to staying on top of your health and helping prevent the spread of STIs. After testing, always ask for a copy of your test results so you are sure of your status. There are many free, quick and confidential testing options - find the best locations near you.
In the case that something has happened, immediately call the emergency number in your jurisdiction. Emergency situations include a recent threat of violence or sexual violence, recent act of violence or sexual violence or if your health or someone else’s is in danger.
Additionally, if you are aware of anyone who violates our terms of use please report them at [email protected].