Embassy of Lebanon
in United Arab Emirates – Abu Dhabi
General Terms and Conditions of Use for the Embassy
Services and Privacy Policy
Date: June 13, 2019
Section 1 Scope
of Application
(1) The use of the “Embassy Software” (the "Services") provided by the Embassy
of Lebanon in United Arab Emirates Abu Dhabi (the "Embassy”) is governed solely by the following General Terms and
Conditions of Use (the “GTC”), irrespective
of the medium (mobile device, desktop, or API) used to access the Service. This
GTC form an integral part of all contracts and agreements concluded between the
Embassy and the final user who is a Lebanese national resident in United Arab
Emirates (each a “Customer” and collectively
the “Customers”) regarding the use of
the Services, regardless of whether the Customer has or hasn’t set up an
account for the use of the Services; they are also valid for any future use of
the Services by the Customer even if not separately agreed upon again.
(2) Terms and conditions of business of the Customer
or of third parties shall be excluded even if not expressly objected to by the Embassy
in an individual case. Even in the case of the Embassy making reference to a
letter or an e-mail including the Customer´s or third-parties’ terms and
conditions of business, this may not be construed as agreeing with such terms
and conditions of business.
(3) The Embassy reserves the right to modify the GTC
as required. However, modifications of these GTC shall only enter into effect
with regard to the individual Customer if and insofar as the Customer
a)
has been informed of such modifications in
writing (e-mail, in-App notification, or notification on the Website shall
suffice) by including the modified GTC and highlighting the changes (the “Change Notice”);
b)
has not objected in writing (e-mail shall
suffice) to the changes within a period of one (1) month following the receipt
of the Change Notice and the modified GTC; and
c)
has been informed in writing (e-mail or in-App
notification shall suffice) at the time of presenting the Change Notice that
his/her/its right of objection expires with the expiry of the deadline pursuant
to lit. b) and that his/her/its failure to object is construed as tacit consent
to the changed GTC.
(4) The Embassy reserves the right to set up
additional conditions of use for the intended use of specific content,
functions and/or services (together referred to as “Additional Services”) or specific arrangements (the “Premium Services”) by a Customer. Such
additional conditions of use shall be made available to the Customers prior to
the initial use of Additional Services or Premium Services. They shall only be
valid if the Customer has gained or been able to gain knowledge of the
additional conditions of use and if the additional conditions of use have been
accepted by the Customer. In case of any discrepancies between the provisions
of such additional conditions and these GTC, the provisions of such additional conditions
shall prevail. If a Customer does not agree with or accept the additional conditions
of use, the Embassy shall have the right to refuse to provide the use of such Additional
Services and/or Premium Services to the Customer.
Section 2 Registration
and Contract Conclusion
(1) To be able to use the Services, the Customer
must first create an account (the “Customer
Account”). This involves the registration of the Customer via the Embassy’s
application for mobile end devices to access the Services Embassy of Lebanon -
UAE (e.g. smartphone, tablet) (the "App").
Registration is free of charge and non-binding for the Customer,
however, the Embassy reserves the right to charge a fee for the provision of
Additional Servcies or Premium Services, subject to the Customer’s prior acceptance
of the applicable additional conditions of use for such Additional Services or
Premium Services, as the case may be.
(2) By registering for the Services, the Customer
submits an offer to the Embassy to conclude a contract for the use of the
Services. The Embassy accepts such an offer in application of the Lebanese law,
and a user agreement to which this GTC form an integral part to, is entered
into by and between the Embassy and the Customer (each a "Contracting Party" and collectively
the "Contracting Parties").
(3) When registering for the creation of a
Customer Account and the use of the Services, the Customer may either provide
his/her/its personal data, including his/her/its current phone number and/or
e-mail address and create a password (the “Personal
Account”), or logs in via his/her/its current and valid Google account (the
“Google Account”) or Facebook
account (the “Facebook Account”).
(4) The Customer hereby expressly consents that the
Embassy may
a)
access the Customer´s Google Account data or
Facebook Account data, as the case may be, consisting, inter alia, of (i)
Customer profile data, (ii) e-mail address(es) entered by the Customer in
Google or Facebook, and (iii) Customer´s personal contact information (jointly
referred to as “Account Data”);
b)
use the Account Data for creating the Customer
Account and executing the provision of the Services; and
c)
contact the Customer via text messages,
e-mails, or phone calls with codes to complete the registration for accessing
the Services.
(5) By creating a Personal Account or by granting
access to the Customer’s Google Account or Facebook Account, as the case may
be, the Customer hereby warrants that the personal data underlying his/her/its
Personal Account and/or Account Data are true, accurate and complete. Notwithstanding
the provision of Services, the Embassy is expressly not obliged to verify the
data used by the Customer in creating his/her/its Personal Account or the Account
Data for correctness, accuracy and completeness. More information on the scope and
kind of personal data and Account Data collected as well as the use, processing,
and sharing thereof by the Embassy is provided and accessible under http://www.abudhabi.mfa.gov.lb/uae/english/legal-notice1
.
(6) By registering a Customer Account, the Customer
confirms to have obtained access to and received the GTC as well as the Privacy
Policy of the Embassy, to have had the opportunity to review their respective
contents and to accept the GTC and the Privacy Policy. In this context, the Embassy
recommends that the Customer prints and files the GTC and Privacy Policy. Should
the Customer wish to receive a physical copy of the GTC and/or Privacy Policy,
he/she/it is requested to send an e-mail to: stayintouch@lebanonembassyuae.com
giving “GTC” as reference.
(7) The use of the Services by Customers who are
not of legal age or not fully legally competent according to the laws of their
country of residence or of the country where they usually reside, is not
permitted. By clicking on the activation link, the Customer confirms (i) that
he/she is of legal age and fully legally competent and that he/she complies
with all required factual as well as legal prerequisites to be able to conclude
an effective agreement for the use of the Services provided by the Embassy, and
agrees (ii) to observe and comply with all regulations of these GTC.
(8) The Embassy warrants that it will comply with any
and all governmental and other regulations applicable with regards to the provision of the Services.
Section 3 Scope
of Services
(1) The Embassy offers the Customers the option to
use the Services as an App.
(2) The Services do not provide access to
emergency services or emergency service providers, such as the police, fire
departments, or hospitals.
(3) The Services consist of an App where the Customer
can register and create his/her/its own profile to connect with the Embassy and
other users of the Services (each referred to as "User"), to establish a network or to expand an existing network,
to share Account Data, , to scan and create digital business cards, to manage
his/her/its personal address book, to create and manage different contact
groups, to monitor his/her/its Customer Account, or to post information related
to personal. The Customer herewith expressly consents to the use of third-party
communication providers by the Embassy with regard to the messenger function
(the “Messenger Function”) provided
by the Services.
(4) The Embassy reserves the right to modify or
temporarily or permanently discontinue the provision of its Services (or parts
thereof) at any time and without prior notice to the Customer. Any liability by
the Embassy due to the modification or temporary or permanent modification or
discontinuation of the Services provided to the Customer or other third parties
is explicitly excluded.
Section 4 Use
of the Services
(1) Access to the Services by the Customer and/or
the use of the Services requires a user login (Customer´s e-mail address) and is
password-protected via remote data transmission.
(2) The Customer is not permitted to use the Services
or content obtainable from or accessible through the Services (especially, but
not limited to, User-Content, designs, texts, charts, images, video recordings,
information, logos, software, audio files or computer codes) for commercial purposes,
in particular for the purpose of selling own products and/or services without a
separate contract. A commercial use within the meaning of these GTC shall not
be given if the Customer is using the Services to (i) expand his/her/its
business network, (ii) to increase his/her/its own recognition, or (iii) if the
use of the Services by the Customer serves to prepare a commercial activity
between the Customer and one or several Users.
(3) The Customer is aware of and consents to the
fact that the technical and electronic processing and transfer of Customer-Content
involves (i) the transmission to and/or temporary transfer through third-party
networks and (ii) therefore may also
require modifications for the purpose of adjusting the Customer-Content to the
technical requirements of such third-party networks.
(4) The Services may allow the Customer to access,
use, or interact with third-party websites, apps, content, information,
statements, advertisements, and other products, services and/or merchandise of
such third parties (collectively the “Third-Party
Content”). The Customer acknowledges that such Third-Party Content or the
use thereof or interaction therewith is subject to the third party’s own terms
of use and privacy policies.
(5) The Embassy is entitled to observe and investigate the compliance with these GTC and
with the applicable laws on a regular basis and in individual cases and to
initiate all necessary and appropriate legal measures to avoid any illegal
and/or unauthorized use of the Services, in particular to collect personal data
and/or Account Data for purposes of enforcing the compliance with the
provisions of these GTC and all applicable laws, including the provision of
personal data and/or Account Data to criminal prosecution authorities or other
third parties, such as the third party providing the Messenger Function.
Insofar, the Customer hereby expressly agrees that the Embassy may collect, store and provide personal data and/or Account Data and Customer-Contents
to third parties for the purpose of enforcing the provisions of these GTC and all
applicable legal provisions.
Section 5 Customer´s
Responsibilities
(1) The Customer undertakes to adjust his/her/its personal data and/or Account Data in the
case of any change. Section 2 para. (5) applies accordingly.
(2) Accessing and using the Services requires the
correct entry of the user login and corresponding password by the Customer. The
Customer is solely responsible for keeping the password private and to secure
and safeguard his/her/its device used for accessing the Services. The Embassy assumes
no warranty and is not liable for any damages incurred by the Customer arising
from or in connection with a loss or misuse of the user login and/or password;
this shall not apply if the Embassy is responsible for the loss or misuse.
(3) It is the sole responsibility of the Customer to
decide for which activities his/her/its Customer Account is being used. The Customer
undertakes to immediately inform the Embassy in writing (e-mail shall suffice)
of any unlawful and/or unauthorised use of the Customer Account and to ensure
that he/she/it is logged out properly after each access to the Services. The Embassy
assumes no responsibility and is not liable for any damages incurred by the Customer
arising from or in connection with the unlawful and/or unauthorised use of the Customer
Account, unless the Embassy is responsible for the unlawful and/or unauthorized
use.
(4) The Customer is solely responsible for all
content including, but not limited to, contact data, news reports, voicemails,
videos and/or photos (jointly referred to as “Customer-Content”) uploaded, disclosed, linked, sent, saved or
otherwise made accessible via his/her/its Customer Account (each a “Post”). This also applies to
information provided in the Customer profile (the “Profile Information”) as well as to Customer-Content exchanged with
or sent or forwarded to other Users via the Messenger Function or user forums. The
Customer warrants that he/she/it holds all necessary
rights for the Customer-Content Posted and that no third-party rights are
infringed. Irrespective of its rights pursuant to the preceding Section 4 para.
(5) and succeeding Section 5 para. (6), the Embassy shall not be obliged to
review Customer-Content and/or any content transmitted or Posted by the
Customer using the Services without priorly having obtained express and
substantiated evidence of a breach of law.
(5) The Customer is responsible for ensuring that the
Customer-Content Posted complies with all applicable statutory provisions and
official regulations.
(6) The Embassy reserves the right to monitor and
review Customer-Content Posted through the Services or the functions
implemented therein and to remove such Customer-Content as a whole or in part
that - at the reasonable discretion of the Embassy - infringes applicable
statutory provisions, official regulations, third-party rights and/or constitutes
a breach of the provisions of these GTC or is otherwise suited to jeopardize or
compromise the reputation of the Embassy or the Services, and to temporarily
block or entirely delete a Customer Account and his/her/its corresponding Posts.
(7) Unless otherwise required by applicable law, the
Embassy, its organs, legal representatives, employees, and other vicarious
agents shall neither be responsible nor liable for acts by and the use of the Services
by the Customer or for any content Posted by a User (the “User-Content”). The Customer warrants to take all necessary
precautions and/or adopt suitable protective measures to adequately safeguard
and protect his/her/its interests and the use of the Services during and in connection
with interactions with other Users.
Section 6 Ban
of a Customer from the Service
(1) The Embassy reserves the right to ban a Customer
from using the Services if the Customer intentionally enters incorrect and/or
incomplete information with regard to key personal data and/or Account Data, if
the Customer´s activities are illegal or violate moral standards or if personal
data and/or Account Data entered by the Customer, especially names, logos or
words/collocations, infringe on Third-Party Data.
(2) The Embassy shall also be entitled to ban a Customer
from using the Services if the Customer uses the Services to disseminate
illegal content, in particular xenophobic, racially or ethnically offensive,
pornographic, discriminating, defamatory, obscene, threatening, intimidating, harassing,
hateful, illegal or otherwise offensive Customer-Content, and/or abuses the
Services or parts thereof, such as the Messenger Function or user forums by (i)
sending junk mails, chain letters, mass e-mails or spam (spimming, phishing, trolling
or comparable types of misuse), (ii) posting Customer-Content and giving the
appearance of doing so in the name and on behalf of the Embassy, its organs, legal
representatives, employees, or its other vicarious agents, (iii) sending and/or
transmitting viruses, malware, or other harmful computer codes, (iv) collecting
the User names and/or e-mail addresses of other Users for the purpose of mailing
unsolicited messages to the Users, (v) mirroring data and information included
in the Services or parts thereof or gaining or trying to gain unauthorized
access to the Services or parts thereof, (vi) violating, misappropriating, or
infringing rights of the Embassy, including the Privacy Policies, (vii) involve
publishing falsehoods, misrepresentations, or misleading statements, (viii)
selling, reselling, renting, or charging for the Services, or (ix) altering, adapting,
sublicensing, translating, reverse engineering, decoding, decompiling or otherwise
fragmenting the Services or parts thereof and any software in connection with
the provision of the Services or parts thereof. The same applies if the Customer
uses the Services or parts thereof to infringe on Third-Party Data, especially
and without being limited to the illegal or unauthorised copying of works
protected by copyrights.
(3) A ban of a Customer from the Services may also
be considered if the Customer uses the Services or parts thereof to participate
in (i) activities in Cuba, Iran, North Korea, Sudan and/or Syria, (ii) activities
with persons or groups of persons and associations named on a sanctions list
such as the OFAC (Office of Foreign Assets Control) Specially Designated
Nationals List or the Commerce Department’s Denied Persons or Entity List, or
(iii) activities aiming at the development, manufacture or production of
nuclear weapons, missiles or chemical and biological weapons or serving to
prepare such weapons. By using the Services, the Customer confirms that he/she/it
is not a resident of one of the above countries or one of the above-mentioned
persons or a member of one of the above-mentioned groups of persons and associations,
nor that he/she/it does or intents to participate in one of the above-mentioned
activities.
(4) The Customer warrants that he/she/it will not
participate in activities which will or might result in a situation where the Embassy
- by making available and/or offering the use of the Services - would violate
applicable statutory provisions or infringe and/or violate rights contained in
Third-Party Data.
(5) The Customer is obliged to fully defend, indemnify,
and hold harmless the Embassy from and against any and all liabilities, damages,
losses, penalties, costs, expenditures (including reasonable legal and judicial
fees) and fines resulting from or in connection with the unauthorized use of
the Services or parts thereof by the Customer or such persons, the Customer is
responsible for or the use of which is attributable to the Customer, in particular,
but not limited to, (i) Customer-Content, (ii) breach of this GTC and/or
Privacy Policy, or (iii) any misrepresentations made by the Customer.
Section
7 Property Rights
(1) To the extent permitted by law, the Services
and its content, in particular texts, charts, images, trade names and trademarks,
trade secrets, patents, intellectual property, logos, pictures, audio- and/or
video clips, empirical data, digital downloads and data collections (jointly
referred to as “Service-Content“) - as
long as it is not Customer-Content, personal data and/or Account Data - shall
be the property of the Embassy or third parties (each a “Licensor“) who make available or provide Service-Content (jointly
referred to as "Third-Party Data")
that is legally protected by property and/or other rights. The Embassy does not
warrant and assumes no liability for the correctness, completeness, usability
or validity of Third-Party Data.
(2) Should parts of the Services, of the Service-Content
or of the Third-Party Data be subject to protective rights, only the Embassy or
the respective Licensor shall be entitled to register corresponding property or
copyrights.
(3) The Customer ensures that he/she/it shall
refrain from copying, altering, using, disclosing, creating derivative works or
imitating the Services, Service-Content and/or Third-Party Data beyond the
designated use of the Services without obtaining the prior written consent of the
Embassy or the respective Licensor. The Customer confirms to neither remove nor
cover, render unrecognisable or otherwise alter trademarks and/or trade names or
other logos published by or through the Services, either by the Embassy, Users,
or a Licensor.
(4) The extraction and/or re-use of (parts of) Service-Content
and/or Third-Party Data shall require the prior written consent of the Embassy or
the respective Licensor.
Section 8 Warranty
(1) The Embassy does not assume any responsibility
or liability for the commercial success or for reaching other business purposes
that may be expected by the Customer by registering and/or using the Services.
In particular, the Embassy assumes no warranty regarding merchantability,
fitness for a particular purpose, title, non-infringement, and freedom of
computer viruses or other harmful codes. Furthermore, the Embassy assumes no
warranty regarding (i) accuracy, completeness, or usefulness of any content
provided through the Services, or (ii) operability, freedom from error,
security, freedom of disruptions, delays, or imperfections of function of the
Services or parts thereof.
(2) In the same way, the Embassy does not
guarantee that the Customer or a User has the hard- and/or software necessary
for using and/or accessing the Services. Any responsibility of the Embassy for
a GPS (Global Positioning System) or other data transmission network connection
of the Customer or User is excluded.
(3) The Customer acknowledges that Service-Content,
Third-Party Data and/or User-Content is for information and entertainment purposes
only and in no case suited to serve as and/or supplement professional,
financial, medical, legal or other advice.
(4) The Services may also include links to
Third-Party Content uploaded to the Services by the Embassy or third parties,
in particular by other Users. The Embassy assumes no liability, neither for the
function of the link in the context of the Services nor for the Third-Party
Content accessible through such links.
(5) The Customer acknowledges and agrees that any Profile
Information and Customer-Content Posted by the Customer and which is (i) not
serving for the direct bilateral exchange of information between the Customer
and a User, (ii) not Posted in the context of a direct multilateral information
exchange between the Customer and the members of a specific user group, or (iii)
not subjected by the Customer to certain privacy standards available through
the Services, may be viewed by any User of the Services or other third parties
having access to the Services.
(6) The Customer undertakes to fully comply with
all statutory provisions applicable to the use of the Services and valid for the
place where the Services are being used or intended to be used by the Customer.
(7) The Customer is aware that the Customer Account
may be set-up via his/her/its Google Account or Facebook Account, as the case
may be. A loss (e.g. due to a temporary blockage or deletion) of the Google
Account or Facebook Account, as the case may be, results in the Customer no
longer being able to use the Customer Account. The Embassy assumes no liability
for the uninterrupted availability of the Customer Account in case of a loss of
the Google Account or Facebook Account, as the case may be. The Customer is
solely responsible for maintaining the Google Account or Facebook Account, as
the case may be. Also, the Embassy is not responsible or liable for the continuous
reachability or availability of Google or Facebook and/or for ensuring the
uninterrupted transmission of data from Google or Facebook to the Embassy and/or
the Services.
(8) The Embassy strives to ensure the
uninterrupted availability of its Services and the correct transmission of
data. However, due to the nature of the internet, this cannot be guaranteed at
all times. The Embassy makes available the use of its Services on seven (7) days
a week and for twenty-four (24) hours each day (24/7) with a guaranteed availability
of 95%, i.e. with a total downtime of 5%. This does not account for:
a)
Non-availability due to the insufficient
provision of technical requirements (hard- and/or software as well as internet
connection) by the Customer and/or User;
b)
Non-availability due to errors and/or defects in
the data transmission network, internet connection or other causes within the
scope of responsibility of the company operating the
communications message server;
c)
Non-availability due to errors
and/or defects within the scope of responsibility of Google or Facebook or the data
communications company operating the Messenger Function;
d)
Non-availability due to force
majeure as defined in the following Section 9 para. (2);
e)
Non-availability due to
maintenance; and
f)
Uninterrupted non-availability of less than consecutive fifteen (15)
minutes.
(9) Due to legal regulations, the use of the Services
is not available in the following countries: Cuba, Iran, North Korea, Sudan and
Syria. The Embassy does not warrant that access to and the use of its Services
is available in these countries. The Embassy furthermore reserves the right to
extend the list of countries where the use of the Services is not possible if
and as required by legal regulations. The Embassy will inform the Customer thereof
in advance by e-mail or in-app notification.
(10) Claims, complaints,
causes of action, controversies, disputes, and damages based on warranty shall
be excluded if the impairment of use is attributable to circumstances for which
the Customer is responsible, especially operating errors.
Section 9 Liability
for Damages Caused by Fault
(1) The liability of the Embassy for damages on
whatever legal grounds, in particular due to impossibility, default, faulty or incorrect
performance, breach of contract, violation of obligations during contract
negotiations and tort shall, as far as such liability depends on a proof of
fault, be limited as specified in this Section 9.
(2) The Embassy is not liable for damages caused
by force majeure or other unforeseeable events (e.g. war, warlike conditions, operating
disruptions (in particular disruptions regarding the availability of the internet
and GPS), strike, legal lockouts) that are not under the control of the Embassy.
The same applies to damages from and in the context of a download performed in
the Customer´s sole discretion or resulting from and arising in the context of
accessing User-Content or content, in particular, but not limited to,
Third-Party Content obtained otherwise by the Customer during the use of the Services.
(3) In case of data loss, the Embassy shall be liable regarding the expenditures necessary
to restore the lost data if and to the extent the Customer, prior to the
measure causing the data loss, has undertaken a proper, reasonable and
regularly expected data backup.
(4) Any liability of the Embassy, its organs,
legal representatives, employees and other vicarious agents is excluded for
cases of simple negligence, unless a breach of fundamental contractual obligations
is involved. Fundamental contractual obligations are obligations that are
essential for the proper execution of the user agreement and of the performance
on which the Customer relies and which he/she/it is also entitled to expect.
(5) To the extent the Embassy is liable for
damages on the merits pursuant to Section 9 para. (4),
the amount of such liability shall be limited to damages that the Embassy has foreseen
at the time of entering into the user agreement as a possible consequence of a
breach of contractual obligations or which the Embassy, when employing
customary standards of care, ought to have foreseen under consideration of all
circumstances that were known or ought to have been known to the Embassy, but
in no event shall such amount exceed the value of the contractually owed performance.
Indirect, special, punitive, consequential, or incidental damages as well as
loss of profit or damages to reputation shall be exempt from liability to the
extent permitted by the applicable local law.
(6) The exclusions and limitation of liability set
forth in this Section 9 shall not apply to the Embassy’s liability due to wilful misconduct or gross
negligence, or wrongful death, personal injury, or harmful health effects, and
for liability in accordance with and on the basis of other mandatory statutes.
(7) Otherwise, the legal regulations shall apply.
Section
10 Granting of Rights by the Customer
(1) In order to operate and provide the Services,
the Customer, by registering, agrees to grant to the Embassy and its affiliated
entities an irrevocable, perpetual, non-exclusive, royalty-free,
sub-licensable, and transferable right without any content-related or
geographical limitations to (i) collect, process, use, copy, safe, duplicate,
publish, store, display, adjust, modify and disseminate Customer-Content Posted
or User-Content received by the Customer to the extent reasonably necessary and
required to operate and provide the Services or parts thereof (such as to allow
the Embassy to display the Customer’s profile picture, phone number(s), e-mail
address(es), social network contact data, address(es), transmit Customer
messages, store undelivered messages for up to thirty (30) days in order to try
to deliver them, and as otherwise described in the Privacy Policy), and (ii) by
using Customer-Content, to produce other content and/or information or to
integrate Customer-Content on other content and/or information.
(2) The Embassy assumes no warranty and is not
liable for any violation and/or infringement of intellectual property rights,
copyrights, trademark rights, or other proprietary rights (each a “IP-Right” and jointly the “IP-Rights”) of the Customer by third
parties or Users, unless the Embassy has been notified by the Customer of such
violation and/or infringement and failed to take reasonable measures to
terminate such violation and/or infringement within a reasonable period of time.
(3) To report IP-Right violations and/or
infringements and request that the Embassy removes any violating and/or
infringing content it is hosting, the Customer, or any other third party (each
a “Claimant”) is required to e-mail a
completed IP-Right violation and/or infringement claim to it@lebanonembassyuae.com , including
all of the following information
a)
complete contact information (i.e. full name,
e-mail address, and phone number). The Embassy regularly provides the Claimants’
contact information, including his/her/its name and e-mail address (if
provided), the name of the organization or client who owns the IP-Right in
question, and the content of the Claimants’ report to the person whose content
the Claimant is reporting. Therefore, the Claimant may want to provide a professional
or business e-mail address where he/she/it can be reached;
b)
a description of the IP-Right the violation
and/or infringement of which is claimed by the Claimant;
c)
a description of the contend hosted on the Embassy’s
Services that is subject of the alleged IP-Right violation and/or infringement;
d)
information reasonably sufficient to permit the
Embassy to locate the violating and/or infringing content on the Services;
e)
a declaration that (i) the Claimant has a good
faith belief that the use of the protected content described above, in the
manner the Claimant has complained about, is unauthorized by the IP-Right
owner, its agent, or the law, (ii) the information that the Claimants’ claim is
accurate, and (iii) a declaration, under penalty of perjury, that the Claimant
is the owner or authorized to act on behalf of the owner of the IP-Right that
is allegedly violated and/or infringed;
f)
the Claimants’ electronic signature.
(4) Before a Claimant reports a claim of an IP-Right
violation and/or infringement, he/she/it may want to send a message to the
relevant User believed to violate and/or infringe an IP-Right, without
contacting the Embassy.
Section
11 Termination
(1) The user agreement can be
terminated at any time by each of the Contracting Parties and without observing
a notification period or stating a particular reason.
(2) If the Customer intends to
terminate the user agreement, it shall suffice if the Customer deletes his/her/its
Customer Account and stops using the Services.
Section 12 Miscellaneous
(1) The Embassy is entitled to transfer or assign all rights and obligations arising
from or in connection with these GTC in whole or in part to any of its affiliated entities or in connection with a (forward/reverse triangular) merger,
acquisition, restructuring, sale of assets, or change of control, by operation
of law or otherwise. Other than that, the rights and obligations arising from
these GTC may not be assigned unless the other Contracting Party has given its
prior written consent.
(2) The place of performance for all obligations
resulting from the contractual relationship of the Embassy shall be the domicile
of the Embassy, unless otherwise agreed upon in writing between the Contracting
Parties.
(3) The place of jurisdiction for any and all
disputes arising from and/or in connection with the contractual relationship
between the Contracting Parties shall be - at the discretion of the Embassy - either
the domicile of the Embassy or the domicile of the Customer.. The place of
jurisdiction for any legal proceedings against the Embassy is Lebanon; however,
compelling statutory provisions concerning exclusive jurisdiction remain
unaffected by this provision.
(4) For evidentiary purposes, all oral
modifications of or supplementations to the user agreement or these GTC (priority
of individually agreed terms shall be confirmed in text form (e.g. via e-mail),
unless required by law to be made in writing to be effective. In this case, the
modification or supplementation must be made in writing to be effective. No
other agreements than those laid down in these GTC were made between the Contracting
Parties and there are no further oral agreements.
(5) The relationship between the Contracting
Parties as well as these GTC are exclusively governed by the laws of the Republic
of Lebanon, excluding the conflict of law provisions and the UN Convention on
the International Sale of Goods.
(6) Should the Customer violate any of the provisions
of these GTC and should the Embassy not impose a penalty for such violation,
this shall not be construed as a waiver by the Embassy of compliance by the
breaching Customer with the violated provision, and neither shall it mean that
the violated provision had been contracted away by conclusive conduct.
(7) Should present or future provisions of these
GTC be or become invalid, ineffective or unenforceable as a whole or in part,
this shall not affect the validity of the other provisions of these GTC. The
same shall apply in the case of a gap in the GTC. If the invalid, ineffective
or unenforceable provision is not a provision serving to protect the Embassy and/or
the Customer, an adequate provision shall be agreed upon as a replacement which
comes as close as legally possible to what the Contracting Parties intended or would
have intended in accordance with the purpose and intent of these GTC, would
they have recognized the invalid character, ineffectiveness, or gap. If the ineffectiveness
or invalid character or unenforceability of a provision is due to a measure of
performance or time stipulated therein (deadline or date), the legally permitted
measure most closely approximating to the ineffective or unenforceable
provision shall replace the provision originally agreed upon. Otherwise, the
invalid, ineffective or unenforceable provision shall be replaced by the corresponding
statutory provision according to applicable Lebanese law.
Embassy Privacy Policy
Section 1 General
(1) Respect for the Customer’s privacy is coded
into the DNA of the Embassy. Since the Embassy started to provide its Services
they were built with a mind-set of strong privacy principles.
(2) The Services provided by the Embassy include
the provision of the App and API. The following terms (jointly the “Privacy Policy”) help to explain the Embassy’s information
practices in order to explain what kind of information are collected and how
this affects the Customer. The Privacy Policy also explains the steps taken by the
Embassy to protect the privacy of the Customer and how the Customer can control
the dissemination and exchange of such information and how to communicate using
the Services.
(3) The Privacy Policy applies to all Services
provided by the Embassy, including for the purposes of this Privacy Policy, the
Additional Services, the Premium Services, the App, Service features, and the
software used to provide the Services.
This Privacy Policy does not apply to any information that the Embassy collects
offline or through websites, mobile sites or apps that do not link to this
Privacy Policy. Also, in the event the Customer shares information with third
parties, e.g. by using and/or accessing services provided by third parties,
which are linked through the Services, such third parties’ own terms and
privacy policies will govern the Customer’s use of such third parties’
services.
Section 2 Information
collected by the Embassy
(1) The Embassy may receive and/or collects information,
including Individual Data, when operating and/or providing the Services and/or
when the Customer installs, registers with, accesses, or uses the Services.
(2) When creating a Customer Account, the Customer
provides the Embassy with his/her/its Individual Data, including his/her/its
name, postal address, phone number, e-mail address(es), login user names and/or
passwords, and, as the case may be, Google Account or Facebook Account data.
(3) If and to the extent, the Customer adds
additional Profile Information to his/her/its Customer Account, such as, but
not limited to, profile name, profile picture, preferred phone number,
nickname, private address, business address, employer, job title, and status
messages, such information will also be collected by the Embassy. The Customer
is aware that additional Profile Information may be considered as special
categories of personal data and therefore can only be processed by the Embassy on
the basis of the Customer’s voluntary
and at any time withdrawable explicit prior consent.
(4) As part of the Services, the Embassy enables
the Customer to create contacts manually or by scanning QR codes (the “Contact Data”). The information
received by using this feature is stored by the Embassy and used to help the
Customer managing his/her/its contacts and to expand the Customer’s network by
identifying contacts that are already Users and helping to connect with such
Users.
(5) The Embassy uses the Customer’s geographic
area and knows the device the Customer uses to access the Services in order to
help the Embassy to synchronize the Contact Data correctly with the cloud and
the Customer’s device and to improve the quality and functions of the Services.
(6) The Embassy collects billing addresses and
credit card information if the Customer purchases Additional Services or Premium
Services, as the case may be. However, credit card information are not stored
with the Embassy but with the payment processing partner of the Embassy.
(7) The Customer may provide the Embassy with information
related to his/her/its use of the Services (such as App performance or other
issues), including copies of his/her/its messages, and how to contact the Customer
in order for the Embassy to provide the Customer with support.
Section 3 Automatically
collected Information
(1) The Embassy collects Service-related,
diagnostic, and performance information, including information about the
Customer’s activity (such as how the Customer uses the Services, interacts with
other Users, and the like), log files, and diagnostic, crash, and performance
logs and reports.
(2) If the Customer pays for the provision of the
Services or parts thereof, the Embassy may receive information and
confirmations, such as payment receipts, from app stores or other third parties
processing the Customer’s payment.
(3) The Embassy collects device-specific
information when the Customer installs, accesses, or uses the Services or parts
thereof, including information such as hardware model, operating system
information, browser information, IP-address, mobile network information,
including phone number, and device identifiers.
(4) Furthermore, the Embassy collects device
location information (so called geocoding) if the Customer uses the location
features implemented in the Services, such as if the Customer chooses to share
his/her/its location with his/her/its contacts, views locations nearby or which
other Users have shared with the Customer, and the like, as well as for
diagnostic and troubleshooting purposes, such as the Customer having trouble
with the App’s location features.
(5) The Embassy
also collects information about the Customer’s online and status message
changes on the Services, such as whether the Customer is online, when he/she/it
last used the Services, and when he/she/it last updated his/her/its status
message.
Section 4 Third
Party Information
(1) The Embassy receives information provided by
third parties, which may include information about the Customer.
(2) The Embassy collaborates with third-party
providers within the framework of an underlying data processing contract to
help the Embassy to operate, provide, improve, understand, customize, support,
and market the Services on behalf and upon directions of the Embassy, such as
third-party providers supporting the Embassy in the distribution of the App, provide
the infrastructure for the Services, supply maps and place information, process
payment, and market the Services. Such third-party providers may provide the Embassy
with information about the Customer, such as app stores providing the Embassy
with reports to help the Embassy to diagnose and to fix service issues.
(3) If the Customer permissibly uses the Services
in connection with third-party services, the third-party service providers may
provide the Embassy with additional information about the Customer.
Section 5 Use of Information, Purpose of Data Processing,
Legal Basis for Data Processing and Information about Automated Decision Making
including Profiling
(1) In general, all information received and processed
by the Embassy in relation to the Customer (the "Customer Information") is used to support the Embassy in
operating, providing, improving, understanding, customizing, and marketing the
Services. Therefore the legal basis for the processing of Customer Information
is the fulfilment of the contractual obligations arising from and in connection
with the user agreement concluded by and between the Customer and the Embassy
according to applicable Lebanese law. In individual cases, the Embassy may also
process Customer Information in order to comply with applicable legal
requirements ), or where the processing
is necessary for the purposes of pursuing legitimate interests of the Embassy
or of a third party (e.g. prosecution of legal claims, guaranteeing IT security,
prevention and investigation of criminal/illegal activities), except where the
interests or fundamental rights of the Customer, which require protection of
personal data, outweigh such legitimate interests.
(2) In detail, the Embassy uses the Customer Information
to
a)
operate and provide the Services, including
Customer services;
b)
evaluating, improving, fixing, and customizing
the Services;
c)
researching, developing, and testing new
services and features;
d)
conducting troubleshooting activities;
e)
responding to Customer inquiries;
f)
verifying Customer Accounts and activities;
g)
protecting against fraud and other unlawful
activities, claims and other liabilities, such as investigating suspicious
activities or violations of the GTC or other applicable terms, as the case may
be;
h)
ensuring the legal and permissible use of the
Services;
i)
communicating with the Customer, such as
information regarding new services or updates of the GTC, or, as the case may
be, other applicable terms, or this Privacy Policy.
(3) The Embassy does not allow third-party banner
advertisements on the Services
(4) The Embassy does not use means of automated
decision-making or profiling.
Section 6 Sharing Information, Recipients and
Categories of Recipients of Customer Information
(1) The Embassy shares Customer Information to
support the operation, provision, improvement,
understanding, customization, and marketing of the Services.
(2) Account Data may be available to any User of
the App, although the Customer can configure the Services’ settings to manage
certain information available to other Users.
(3) Users with whom the Customer communicates may
store or re-share Account Data or Customer Data or parts thereof with other
third parties. The Customer can use the Services’ settings and the block
feature in the Services to manage the Users with
whom he/she/it communicates and the information the Customer shares with such
Users.
(4) On the basis of the Customer’s voluntarily and
at any time withdrawable prior consent, the Embassy shares the Customer’s Personal Account with its contractual partner
Smart Contact GmbH, c/o Niederurseler Allee 8-10, 65760 Eschborn, Germany, for
providing the Customer with the oppontunity to log into the global network of
Smart Contact GmbH. There is no obligation for the Customer to declare
his/her/its consent or to make use of Smart Contact GmbH’s services. If the
Customer decides to use Smart Contact GmbH’s services (e.g. on Smart Contact
GmbH’s website, app or API), the relationship between Smart Contact GmbH and the
Customer is solely governed by Smart Contact GmbH’s conditions, terms of use,
privacy policies and the like. The Embassy ist not responsible for the
processing of Individual Data in the context of services provided by Smart
Contact GmbH as the sole controller of such services.
(5) The Embassy also shares and grants access
to certain and purpose-related limited Customer Information with service
providers who perform services on behalf an upon directions of the Embassy in connection with the provision of the Services within
the framework of an underlying data processing contract, such as, inter alia,
service providers rendering maintenance and/or payment services on behalf of the
Embassy. The Embassy does require these service providers to use Customer Information
solely in accordance with its instructions and terms or with the express
permission of the Customer and does not authorize these service providers to
use or disclose Customer Information except as necessary to perform services on
behalf of the Embassy or to comply with legal requirements.
(6) In addition, the Embassy may
disclose Customer Information (i) if required to do so by law or legal process,
(ii) to law enforcement authorities or other governmental officials, (iii) when
the Embassy reasonably believes disclosure is necessary or appropriate to
prevent physical harm or financial loss, (iv) to enforce the GTC and any other
applicable terms and policies, (v) in connection with an investigation of
suspected or actual fraudulent or illegal activity, security or technical
issues, or (vi) to protect rights, property, and safety of the Embassy, its
Users or other third parties such as Licensors. The Embassy also reserves the
right to transfer Customer Information in the event the Embassy sells or transfers
all or a portion of its business or assets (including in the event of a reorganization,
dissolution or liquidation).
(7) All the rights and obligations
of the Embassy under this Privacy Policy are freely assignable to any of the Embassy’s
affiliated entities or in connection with a
(forward/reverse triangular) merger, acquisition, restructuring, sale of
assets, or change of control, by operation of law or otherwise.
Section 7 Management
of Information
(1) The Customer may manage, change, limit, or delete
his/her/its information either by
a)
changing the Services' settings to manage
certain information available to other Users, such as managing the contacts,
groups, and broadcast lists, or use the block feature to manage the Users with
whom the Customer communicates; or
b)
changing his/her/its mobile phone number,
e-mail address(es), profile name, profile picture and other Account Data or
Contact Data; or
c)
deleting the Customer Account at any time
using the in-App “delete my account” feature. The Customer acknowledges that
the deletion of the App from his/her/its device without using the in-App
“delete my account” feature does not delete the information stored by the Embassy.
The Customer has to use the in-App “delete my account” feature to also delete
the information stored. However, the deletion (whether from the device or
through the in-App “delete my account” feature) does not affect the Customer
information other Users have, such as a copy of the latest contact data
provided to them by the Customer.
(2) The Customer has statutory claims regarding
the disclosure of the scope and content of the Customer Information stored by the
Embassy, as well as, correction, deletion and blocking Individual Data as set
forth in more detail in Section 12. The quickest, simplest and most convenient
way to exercise these rights may be by loging-in into the Customer Account and
directly editing the Customer Information, or by deleting the Customer Account
as a whole, or terminating the user agreement with immediate effect by notifying
the Embassy thereof.
(3) If the Customer does not want the Embassy to
collect and process any of his/her/its information, the Customer should neither
install the App nor register for, access, or use the Services.
Section 8 Protection
of Information
The Embassy maintains administrative, technical and
physical safeguards designed to protect the Customer information against
accidental, unlawful or unauthorized destruction, loss, alteration, access,
disclosure or use. Because submissions of information over the internet are
never entirely secure, the Embassy cannot guarantee the security of information
the Customer submits via the internet and such submissions are made at the
Customer’s own risk.
Section 9 Information
about Storage and International Transfer
For the performance of the user agreement and the
fulfilment of the Embassy’s contractual obligations arising therefrom, the transfer
of Individual Data to other countries where the Embassy or service providers
have their facilities, irrespective of where the Customer registers for,
accesses or uses the Services, can be necessary. The Customer is aware that the
applicable laws, regulations and standards of the countries in which
his/her/its Individual Data may be stored or processed may be different from
those applicable in his/her/its own country.
Section 10 Changes
and Contact
(1) The Embassy may amend or update its Privacy
Policy from time to time. In doing so, the Embassy will provide the Customer
with a notice of such amendments and/or updates, as appropriate. The continued
use of the Services by the Customer is construed as the Customer’s acceptance
of such amendment and/or update. If the Customer rejects to accept the amended
Privacy Policy, the Customer is obliged to terminate the use of the Services.
(2) In case of any questions about this Privacy
Policy, please contact the Embassy at:
The
Embassy of Lebanon in United Arab Emirates Abu Dhabi
Rashid
bin Saeed Al Maktoom Road, PO Box 4023
Abu
Dhabi – UAE