Webinara Terms of Service, Privacy Policy & Cookie Policy

TERMS OF SERVICE

December 28, 2015

INTRODUCTION

  1. Thank you for using Webinara! These terms of service (“Terms”) cover your use and access to our services, client software, products and websites provided and offered by Webinara at any time (“Services”), without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with Webinara AS will always include, at a minimum, the terms and conditions set out in this document.
  2. The terms “Webinara”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Webinara AS, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces as defined in paragraph 4 below, including but not restricted to our websites or e-mails.
  3. What is Webinara? Webinara enables two key features:
    • As a Webinara Host Webinara enables you to promote, managing and tracking webinars or webcasts (hereinafter “webinars”) to Webinara Members in compliance with the Terms and to the extent permitted under all applicable laws and regulations (foreign and domestic). This requires you to create and administer a Webinara Host account. Webinara Hosts must fill out a webinar form to post their webinars.
    • As a Webinara Member Webinara enables you to track, follow and attend webinars that are deemed relevant to you according to your registration details. This requires you to create and administer a Webinara Member account.
    • Webinara Hosts and Webinara Members are able to communicate with each other through the social features enabled. This feature can be turned off if desired or for privacy reasons by Webinara Members.
    • We do this through our websites and domains, the services available on or through our websites and domains or otherwise provided by us and the software available on or through our websites and domains or otherwise provided by us (including our mobile applications).
  4. Definitions:
    • Webinara Host: Client and/or user of services provided by Webinara to its Hosts according to terms and conditions for such membership, and that have been given the status as a Webinara Host.
    • Webinara Member: Client and/or user of services provided by Webinara to its Members according to terms and conditions for such use, and that have been given the status as a Webinara Member.
    • Client and/or User: Webinara Host or Webinara Member.
    • Partner: Inter alia Companies, entities, Organizations Webinara has partnered with to provide services, such as reselling, distribution, marketing, cooperation or other initiatives.
    • Webinara Host plan: Agreement entered into between Webinara Host and Webinara with regard to Services offered to such clients.
    • Webinara Partner plan: Agreement entered into between Webinara Host and Partner delivered by Webinara in accordance with the agreed Services offered to such clients.
    • Site: All www.webinara.[prefix] sites or sub-domain administered by Webinara AS or its affiliates.
    • Services: Services, client software, products, platform, portal and websites provided and offered by Webinara at any time.
    • Organization: Any commercial cooperation or enterprise or non-profit organization.
    • Ex Ante Control: Webinara’s review and control of Webinara Hosts’ promoted webinars.
    • Content: All webinars and related content and information related therein as promoted or advertised by Webinara Hosts by the use of the Services. All information provided or displayed on the Site by Webinara Hosts or Webinara Members, e.g., company information, name, title, biography, messages, questions, comments, blog articles or any other information that Webinara facilitates for the users as part of the Services.
  5. Our Privacy Policy explains how we collect and use your information when using our Services. By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy Policy. If you’re using our Services for an Organization, you’re agreeing to these Terms on behalf of that Organization.
  6. All information provided by you or collected by Webinara in connection with the Services is governed by Webinara’s Privacy Policy, a copy of which is located at https://www.webinara.com/terms-of-service-privacy-policy/, which is hereby incorporated by reference into the Terms. Webinara strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Webinara shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Webinara does not control and shall not be responsible for the acts of you or any other users of the Services.
  7. When you use our Services, you may provide us with things like your files, Content, email messages, contacts and so on. Such information is yours. The Terms don’t give us any rights to such information except for the limited rights that enable us to offer the Services. See also paragraph 55 below.
  8. Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

    General legal terms

  9. The Terms constitute the entire legal agreement between you and Webinara and govern your use of the Services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any services or products which Webinara may provide to you under a separate written agreement), and completely supersede and replace any other prior or contemporaneous agreements, proposals, discussions or communications between you and Webinara on the subject matter hereof, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
  10. You also may be subject to additional terms and conditions that may apply when you use and take advantage of Webinara’s additional services, third party Content, third party software or the Services in a manner other than as governed by the Terms.
  11. You agree that if Webinara fails to or does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Webinara has the benefit of under any applicable law), this will not be taken to be a formal waiver of Webinara’s rights and that those rights or remedies will still be available to Webinara. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
  12. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under the Terms, and any such attempt will be void. Webinara may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
  13. We may translate the Terms, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
  14. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  15. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the country in which you reside.
  16. This agreement shall be construed in accordance with Norwegian law.

    Acceptance of Terms of Services

  17. You are expected to be aware of our terms of services prior to making use of our Services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our terms of service even if no transaction has taken place.
  18. In order to make use of our Services you must agree to the terms laid down in this document. You may not make use of our Services if you do not agree to our terms of service.

    Provision of the Services by Webinara

  19. Webinara intends to provide you with the finest Services and we would try to innovate our services with time. You acknowledge that the nature or the form of the Services offered by us may change with time.
  20. You acknowledge and agree that Webinara may stop (permanently or temporarily) providing the Services (or any features of such Services) with or without notice, generally at Webinara’s sole discretion.
  21. You acknowledge and agree that while Webinara may not currently limit your use of the Services in any way, it may do so if your use hinders with the ability of Webinara to carry on its operations or the ability of other customers to use the Services.
  22. The supply of Services to Webinara Hosts will be subject to your making payments at the regular intervals in the manner as stated in the price plan chosen for the service when signing up. In the event of the service being permanently or temporarily stopped by us, Webinara’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle according to the relevant Webinara Host Webinara shall not be called on to repay any amount received by us during any previous billing cycle.
  23. Webinara shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our Services or the discontinuation altogether thereof.
  24. Webinara may, upon request, and for such fees as Webinara may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation providing consultants and staffers to assist you on the date of your webinars, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms. Such additional services shall be set forth in a written Addendum Agreement to the Terms between you and an authorized officer of Webinara, and shall set forth the Service fee and the other terms and conditions relating to such additional services.

    Use of Webinara’s Services

  25. In order to access certain Services provided by Webinara or for your continued use of the Services, you may be required to provide information about yourself. You agree that any information you give to Webinara will always be accurate, correct and up to date. Webinara shall not be liable for any loss or damage caused due to faulty information provided to us by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or Webinar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Webinara has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
  26. We may share clients’ personal information with our employees or any third parties as and when considered necessary by us (e.g. certain information of our clients could be shared with third parties for the process of payment for our services). For more information regarding the manner in which clients’ personal information handled by Webinara kindly refer to our Privacy Policy.
  27. You agree not to access (or attempt to access) any of the Services by any means other than through the interfaces provided by Webinara, You specifically agree not to access (or attempt to access) any of the Services through any automated means (including through the use of scripts or web crawlers). Unless you have been specifically permitted to do so in a separate agreement with Webinara, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services or products for any purpose.
  28. You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and Webinara and for the consequences (including any loss or damage which Webinara may suffer) of any such breach.
  29. If you sign up for a Webinara Host account, you must use it in compliance with your employer’s terms and policies.

    Third party web site and links

  30. Third party web sites may use technology to send or serve the Content of our web site and to process payments for the purchase of services on our web site etc. Third parties may host the servers that deliver our hosted services to our customers. Hyperlinks to the websites of third parties might be placed on our websites. The use of the services offered by such third parties shall not be subject to these Terms or our Privacy Policy. Webinara provides a platform to help and facilitate our clients or users in making use of services and/or attend webinars provided by other parties. Webinara shall not be responsible for the webinars and services provided by any third party.
  31. Further, the Services may provide, or third parties may provide, links to other Internet websites or resources. Because Webinara has no control over such websites and resources, you acknowledge and agree that Webinara is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Webinara shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
  32. Webinara has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Webinara of the site. Use of any such linked web site is at the user’s own risk.

    Security of your account

  33. Webinara shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to Webinara and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Services. You will be solely responsible for all activities that occur under your account.
  34. Webinara will take due care to ensure the confidentiality of your credentials, and are fully responsible for all activities that occur under your account. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Webinara database, Webinara shall not be made liable for the resulting damages.
  35. If you become aware of any unauthorized use of your password or of your account, you agree to notify Webinara immediately to [email protected]. For safety reason you agree to ensure that you exit from your account at the end of each session.

    Content in Webinara’s Services

  36. You should be aware that Content promoted and presented to you as part of the Services, including but not limited to advertisements and promotional material of Webinara or other affiliated companies, is protected by intellectual property rights which are owned by Webinara, or the sponsors or advertisers who provide that Content to Webinara (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative work based on this Content (either in whole or in part) unless you have been specifically permitted to do so by Webinara or by the owners of that Content, in a separate agreement. Any rights not expressly granted herein are reserved.
  37. Any Content being disseminated by Webinara Hosts using Webinara’s Services may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and/or any illegal content not detected through Webinara’s ex ante control of publishing will be immediately deleted and we reserve the right to take appropriate legal action.
  38. With regard to Webinara’s Ex Ante Control, the following apply: You acknowledge that Webinara does not necessarily pre-screen all Content provided or made available by you or any third party in connection with the Services, but that Webinara and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your linked and promoted Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Webinara may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Webinara, its users and/or the public.
  39. You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
  40. You acknowledge and agree that if you contribute, provide or make available any content to the Site, you hereby grant to Webinara a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever.
  41. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, your Content must be accurate and truthful. Webinara reserves the right to remove any of your Content from the Site at any time if Webinara believes in its sole discretion that it does not comply with the Terms. In addition, you agree that Webinara may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Webinara both on the Site and in marketing and promotional materials.
  42. You agree that you are solely responsible for (and that Webinara has no responsibility to you or to any third party for) any Content that you create, transmit or display while using our Services or for the consequences of your actions (including any loss or damage which Webinara may suffer) by doing so.
  43. You understand that by using the Service you may be exposed to Content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the services and products at your own risk. Webinara shall not be made responsible for any repugnant Content circulated by other users. On noticing any such Content, it is your duty to bring it to the attention of Webinara employees immediately.

    Payment

  44. Payments are all transacted through, either (a) PayPal or other third party payment service methods or (b) the Webinara payment processing gateway. Any payments are regulated according to the relevant provisions and rules that apply to the chosen payment method. Webinara is not responsible for any damages or claims that may arise between a Client and the supplier of a chosen payment method.
  45. The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of Webinara and agreed when signing up for a Webinara Host plan. We’ll automatically bill you from the date you sign up for a Webinara Host plan or convert from Webinara Member to Webinara Host on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
  46. For Webinar Hosts that are using the Services through a plan and agreement that is entered into between Webinara and a Webinara Partner the following shall apply: The Partner will take care of all invoicing and billing directly with Webinara, and the Webinar Hosts will not be responsible for any payment to Webinara. If the Partner or Webinara terminate the overall plan and agreement or terminate the plan and agreement for a single Webinara Host, The relevant Webinara Host is offered to select a normal subscription plan, and will in that case be subject to the normal payment terms as described here.
  47. Upon receipt of a credit card authorization or PayPal payment from clients using Services subject to payment, Webinara generates an invoice and receipt and issues a unique confirmation number.
  48. You may cancel your Webinara Host plan at any time but you won’t be issued a refund unless it’s legally required. Your Webinara Host plan will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for according to you Webinara Host plan on time, we reserve the right to suspend it or reduce your Webinara Host plan accordingly at our own discretion.
  49. In the event Webinara Host fails to pay to Webinara any amount owed pursuant to the Terms when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Webinara Host to Webinara under the Terms or otherwise, Webinara may, without limiting its other rights and remedies, (i) deduct such amounts from Webinara Host‘s outstanding balance, whether for that particular billing cycle or for any other services that Organizer lists through the Services; and/or (ii) send an invoice to Webinara Host for such amounts to the extent Webinara Host‘s outstanding balance is insufficient to cover these costs, in which case Webinara Host shall pay Webinara such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Webinara hereunder are not made by Webinara Host when due, Webinara reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Webinara Host‘s registration for the Services (including any and all accounts that Webinara Host may have) and to cancel all other webinars listed by Webinara Host. This provision applies as far as possible for Webinara Member’s use of services subject to payment.
  50. All Fees charged by Webinara do not include any taxes except to the extent that a tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any taxes that are imposed and payable on such Fees (other than those calculated based on Webinara’s net income) to Webinara. If you are outside of the Norway, you may be required to self-assess certain indirect taxes on our fees (or certain portions of our fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, Webinara will use reasonable efforts to note that on your invoices.

    Intellectual Property Rights

  51. You acknowledge and agree that Webinara owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Webinara and that you shall not disclose such information without Webinara’s prior written consent.
  52. The trademarks, service marks, and logos of Webinara used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Webinara. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties. The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in connection with the Services without the prior written consent of Webinara specific for each such use. The trademarks as mentioned above may not be used to disparage Webinara, any third party or Webinara’s or third party’s products or services, or in any manner (in Webinara’s sole judgment) that may damage any goodwill in these trademarks.
  53. Use of any trademarks as part of a link to or from any site is prohibited unless Webinara approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Webinara trademark shall inure to Webinara’s benefit.
  54. Unauthorized use of our trademark, logos etc shall be punishable under appropriate Norwegian laws.
  55. You additionally agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from Webinara through unauthorized use of such trademarks, service mark etc shall be considered as forgery.
  56. Webinara acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Webinara, you agree that you are responsible for protecting and enforcing those rights and that Webinara has no obligation to do so on your behalf.
  57. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Webinara AS, Att: Copyright Agent, Daas gate 11, 0259 Oslo, Norway, [email protected]. For US Clients, The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (seehttp://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to: Webinara AS, Att: Copyright Agent, Daas gate 11, 0259 Oslo, Norway, [email protected].
  58. Webinara gives you a non-exclusive license, non-transferable, non-sublicensable right to use the interface provided to you by us as part of Webinara’s Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Webinara either or both as a Webinara Host and/or Webinara Member, in the manner permitted by these terms.
  59. The source code of the interface provided by us is protected under Norwegian laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
  60. Unless Webinara has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services or otherwise transfer any part of your rights to use the Services.

    Notice and Changes to the Terms

  61. Notices to you may be made via either email or regular mail to the address in Webinara’s records.
  62. Webinara may make changes to the Terms from time to time. Webinara shall try to inform you of such changes as early as possible, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page).
  63. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services will indicate your acceptance of the modified Terms. We may change the fees for Webinara Host plans in effect but will give you advance notice of these changes via a message to the email address associated with your account.
  64. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

    Termination of your relationship with Webinara

  65. The Terms will continue to apply until terminated by either you or Webinara as set out below.
  66. Webinara may at any time, terminate its legal agreement with you if:
    • You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
    • Webinara is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
  67. We also reserve the right to modify, suspend or discontinue, temporarily or permanently, or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with the Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. This includes termination of your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Webinara, or if Webinara believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
  68. Except for Webinara Host accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so. You agree that Webinara shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  69. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Webinara may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Webinara shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of the Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification, obligations, disclaimers of warranties, and intellectual property protections and licenses).
  70. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Webinara are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

    Dispute Resolution

  71. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Webinara are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
  72. We want to address your concerns without needing a formal legal case. Before filing a claim against Webinara, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Webinara may bring a formal proceeding according to paragraphs 73 and 74 below.
  73. You and Webinara agree that any dispute regarding agreement(s) between you and us shall be referred to the Norwegian courts on an exclusive basis. Both you and Webinara consent to venue and personal jurisdiction in such courts.
  74. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.

EXCLUSION OF WARRANTIES

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PRODUCTS ARE PROVIDED ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS.
  2. IN PARTICULAR, Webinara DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR WEBINARS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICES WILL BE CORRECTED. AND
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND Webinara WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Webinara OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. Webinara FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  6. YOU ACKNOWLEDGE THAT Webinara HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF WEBINARS ADVERTISED OR PROMOTED, THE TRUTH OR ACCURACY OF ANY CLIENTS’ OR USERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liabilities

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Webinara SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXAMPLARY OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR PRODUCTS, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

  1. ANY CHANGES WHICH Webinara MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  2. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  3. YOUR FAILURE TO PROVIDE Webinara WITH ACCURATE ACCOUNT INFORMATION;
  4. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

(C) ANY MATTERS BEYOND EVENTBRITE’S REASONABLE CONTROL.

THE SITUATIONS AS MENTIONED IN (B) ABOVE WILL BE REGARDLESS OF WHETHER OR NOT Webinara OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, Webinara, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO Webinara FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Webinara SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, Webinara IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND Webinara HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF CLIENTS OR USERS IN CONNECTION WITH THE SITE OR ANY SERVICES TO Webinara. Webinara, IN ITS SOLE DISCRETION MAY INVESTIGATE THE CLAIM AND TAKE NECESSARY ACTION.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Webinara, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY AND ALL DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSS, LIABILITY, COST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS AND ACCOUNTING FEES) RESULTING FROM ANY CLAIM, DEMAND, SUIT, PROCEEDING (WHETHER BEFORE AN ARBITRATOR, COURT, MEDIATOR OR OTHERWISE), OR INVESTIGATION MADE BY ANY THIRD PARTY (EACH A “CLAIM”) DUE TO OR ARISING OUT OF: YOUR CONTENT; YOUR OR ANY OF YOUR AFFILIATES, OR ANY OF YOUR OR YOUR AFFILIATES OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, USE OF, CONTRIBUTION TO OR CONNECTION WITH THE SERVICES OR VIOLATION OF ANY RIGHTS OF ANOTHER; YOUR EVENT(S); AND/OR YOUR VIOLATION OF THE TERMS. Webinara SHALL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, PROVIDED THAT THE FAILURE OR DELAY BY Webinara IN PROVIDING SUCH NOTICE SHALL NOT LIMIT YOUR OBLIGATIONS HEREUNDER. Webinara RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ALL REASONABLE REQUESTS IN ASSISTING Webinara’s DEFENSE OF SUCH MATTER.

 

Copyright © 2015-2016 Webinara AS or its affiliates. All rights reserved.

PRIVACY POLICY

December 28, 2015

INTRODUCTION

  1. Thanks for using Webinara! Here we describe how we collect, use and handle your information when you use our websites, software and Services. Thus, this Privacy Policy sets forth our policy with respect to information, including personally identifiable information (“Personal Data”), that is collected from Clients and Users to the Services (including through those users’ and visitors’ agents) (“you” or “your”). Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.
  2. The terms “Webinara”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Webinara AS, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces as defined in Webinara’s Terms of Service paragraph 4, including but not restricted to our websites or e-mails.
  3. What is Webinara? Webinara enables two key features:
    • As a Webinara Host Webinara enables you to promote, managing and tracking webinars or webcasts (hereinafter “webinars”) to Webinara Members in compliance with the Terms and to the extent permitted under all applicable laws and regulations (foreign and domestic). This requires you to create and administer a Webinara Host account. Webinara Hosts must fill out a webinar form to post their webinars.
    • As a Webinara Member Webinara enables you to track, follow and attend webinars that are deemed relevant to you according to your registration details. This requires you to create and administer a Webinara Member account.
    • We do this through our websites and domains, the services available on or through our websites and domains or otherwise provided by us and the software available on or through our websites and domains or otherwise provided by us.
  4. All terms which are capitalized must be seen in connection with the definition of such words as laid out in Webinara’s Terms of Service paragraph 4.
  5. Webinara’s Privacy Policy shall apply to the information obtained via our website(s), through emails, through information obtained through third parties and shall govern our behavior related to all Services offered by us. But this document shall not curtail Webinara’s right to publish privacy policies specifically corresponding to one or more Services.
  6. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you via Webinara’s websites or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
  7. By using the Services or allowing someone to use the Services on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy of any Personal Data or other information received by us as a result of such use.
  8. We make an effort to provide a link to this Privacy Policy in the footer (Terms of Service) of every page on our websites, including those pages on which Personal Data is collected, and to make it available in all of our software.

Information collection

  1. When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
  2. You shall be required to give certain information while accessing our website, communicating with us through other means, making use of our Services inter alia contact us with inquiries, respond to one of our surveys. Owing to the nature of our Services it shall be mandatory on your part to provide some specific details. Not providing us with certain information might act to your detriment. We might choose not to provide you our offering in case you fail or refuse to provide us with the information we need. The information includes but is not limited to your name, your email id(s), phone number(s), user id for other websites and corresponding passwords, credit card details and any other information required to provide you with our assistance efficiently.
  3. The Personal Data we may collect includes without limitation your name, address, email address and other personally identifiable information. For Webinara Hosts we will collect information about your type of subscription and your credit card or invoicing information (e.g., your or PayPal subscription number and expiration date, renewal date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect information about you as necessary to facilitate payments and information required for tax purposes (e.g., your country and address). Third party payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits. If you choose to pay by invoice, Webinara may need to collect and transfer additional information, like your name, organization number or employer identification number, address and phone number, to our invoicing service provider to enable credit checks and send you invoices. The use of your data by our invoicing service provider is subject to its privacy policies.
  4. Webinara or third party service providers might collect some information every time you make use of any of our websites. This information might be collected without your prior permission. We might collect certain information, commonly known as traffic data and information of the visitors of our web pages which include inter alia the IP address, operating system and browser type of your device being used for communication, the web page you visited before coming to our sites, and identifiers associated with your devices (Non-Personal Data). We might also save data including the phone numbers or email ids used by you to communicate with us. On certain occasions we might use JavaScript or similar software to collect information about your usage of our websites such as the duration of the session, response times etc. when you access our web pages. We might choose to take appropriate measures to receive information regarding the delivery of our e-mails or information regarding when you accessed our e-mail(s).
  5. In an ongoing effort to better understand and serve the users of the Services, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as Non-Personal Data under this Privacy Policy.
  6. Your devices (depending on their settings) may also transmit location information to the Services.
  7. This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as user forum, support portal, webinar event, blog comments, any ideas for new products or modifications to existing products, claim or demand letters, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
  8. We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will endeavor to delete that information from our databases.
  9. We may store Personal Data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet. Nobody at Webinara will ever ask you for your password, so please don’t trust anybody asking you for it. The staff at Webinara can only help you reset your password or issue a new password.
  10. If you are visiting our website or using one of our software applications from outside United States of America (USA), please be aware that you are sending information (including Personal Data) to the USA where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in USA and this Privacy Policy. Please note that privacy laws in the USA may not be the same as, and in some cases may be less protective than, the privacy laws in your country.
  11. Some of our Services provide social buttons and similar features which we use on our website – such as the “Like” and “Tweet” buttons. To do so we embed code that they provide and we do not control ourselves. To function their buttons generally know if you’re logged in; for example Facebook use this to say “x of your friends like this”. We do not have any access to that information, nor can we control how those networks use it.
  12. To allow Webinara Hosts and Members to discuss our blog articles and on some web pages we use different external web services. To do so we embed code that those web services provide and we do not control ourselves. These web services may anonymously tracks visitors to pages like we do. They also remember who you are if you login to any of these web services, so you can comment on any website using their tool. Logging in to these web services can be done in many ways, including via Facebook. If you login via social network, these web services will be able to link your activity to that network. In this way, your activity may be personally identifiable. These web services will know what pages you viewed in our site and what you wrote on those comments. Of course all comments you leave are also publicly visible on the Internet alongside your name, so we do not imagine this is a concern for many people.
  13. To allow Webinara Hosts and Webinara Members to communicate more easily we have enabled Private Messaging social features as part of the Service. Webinara cannot read or monitor what is discussed, written in those private messages. Webinara have also enabled the opportunity to turn off this feature for privacy reasons. This can be done only from the user itself.

Information usage

  1. We will try to abstain from collecting superfluous information. Information collected in the above mentioned procedures shall strictly be used for providing our better Services to you and for the purposes as follows:
  • If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
  • If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply payment information as a Webinara Host (e.g., bank account or credit card information) to the Services for the purpose of purchasing a specific plan or as a Webinara Host or Webinara Member to purchase additional services from or via Webinara, we will use that information to facilitate such purchase or process such payments. However, Webinara is fully integrated with PayPal, who will handle most of that information without disclosing all the payment details to Webinara, other what is required to hold records of the payments, for legal, taxes, VAT, accounting and financial purposes, and to update the subscription plan, and potentially cancellation of subscription, if cancelled or terminated by either of the parties.
  • In order to provide our Clients or Users a full scale webinar service, we cooperate with several webinar service and platform providers. Via direct links on our websites or inquiries by you, we might refer you to a company that provides such service. This will include inter alia your name, company info, email and country of residence, and will be governed by the privacy policy of such service provider.
  • We may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
  • We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation to inform you about upcoming webinars or additional services we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Services that we believe might be of relevance to you. In particular, Webinara Hosts should note that we may use information we receive or collect regarding participants of their webinars (including without limitation via a Webinara Host’s webinar registration page) in accordance with the terms of this Privacy Policy, including in the manner set forth above.
  • We allow Webinara Hosts to use our system to contact Webinara Members for their current and past webinars in accordance with the Area of Interest of Webinara Members, and other public available information, so you may receive emails from our system or messages within the service that originate with such Webinara Hosts.
  1. If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.
  2. Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.

Cookies and other technologies           

  1. We use technologies like cookies, pixel tags, local shared objects, web storage and other technologies to provide, improve, protect and promote our Services. Cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit, impair or prevent your ability to use the Services. For example, we may not remember your language preferences.
  2. We also use technologies to collect and store information when you interact with services we offer to our partners, such as advertising services. We measure visitors to our website using Google Analytics.
  3. For further information regarding our cookie policy, see our Cookie Policy.

Sharing customer information

  1. We do not share personal information with companies, organizations and individuals unless as described in the following.
  2. We will share personal information with companies, organizations or individuals outside Webinara as described in paragraph 30 when we have your consent to do so.
  3. Third party services due to our modus operandi it becomes necessary for us to share certain Client or User information with third parties. Webinara uses certain trusted third parties to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy Policy. To this effect, information like credit card details etc could be shared with third parties to ensure that that payment for the services takes place efficiently. We share information with these third parties only to the extent necessary for the purposes of processing payments you make via our website. Secondly, customer information could be shared with third parties for better customer assistance, better marketing services and analyzing the data.
  4. We may also share your Personal Data with our subsidiaries, affiliates and/or trusted business partners for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.
  5. You can connect your Webinara account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services.
  6. Our Services display information like your name, title, company name (not phone number and email address) to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other Clients or Users.
  7. You can also give third parties access to your information and account. We emphasize that such use of your information will be governed by their privacy policies and terms.
  8. If you are a Webinara Host, your administrator may have the ability to access and control your Webinara Host Please refer to your employer’s internal policies if you have questions about this. If you are Webinara Member and interact with a Webinara Host (by, for example, accessing stuff shared by a Webinara Host), members of that organization may be able to view the name, email address and IP address that were associated with your account at the time of that interaction.
  9. With the development of our business, we might choose to buy other businesses. Following general practices of trade, customer information might be shared for the functioning of our newly acquired businesses. In the event of Webinara being taken over by another business company, customer information could be one of the assets being transferred. We shall try to ensure that the customer information is not misused.
  10. Webinara could release customer information if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability. Besides, Webinara holds the rights to share customer information with law enforcement agencies for maintenance of law and order, protection from fraud, protect Webinara’s property rights etc. We cannot be held liable for sharing any information of our clients or users of our interface.
  11. Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non-Personal Data. For example we may share such data with our partners – like advertisers or connected sites – to show trends about the general use of our services.

Choices

  1. You have several choices available when it comes to your Personal Data:
    • As a Webinara Member you can use the Services without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open a Webinara Member account, your name and email address will be required.
    • You can “opt out” of receiving Webinara newsletter emails by logging in, clicking on “Account” and following the instructions to “Notifications” You may modify your choices at any time in your Webinara account. In the event of an upcoming webinar the system emails you, and you will be able to “opt out” of receiving those communications as well. Please note that if you unsubscribe from receiving a particular email, you will no longer receive emails that are sent through our system (but you may still receive emails sent by Webinara through means other than our system). Likewise, if you unsubscribe from our communications you will continue to receive other communications from So you may have to unsubscribe from multiple email notifications before you stop receiving all communications. You can also unsubscribe from receiving all emails sent through our system. It may take up to 24 hours for us to process an unsubscribe request. Note that you cannot unsubscribe from update communications about the Services. You can stop receiving Service communications only by contacting us at [email protected] and deleting your account. By electing to stop receiving all communications from us or through our system you will no longer receive any updates on your account or on webinars you are registered to attend or have previously attended, including communications regarding refunds. We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for a webinar and will have no need to receive further communications from us or through our system. Even after you opt out of all communications, we will retain your Personal Data and Non-Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Webinara Hosts who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so.
    • We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

Security of information

  1. Webinara makes use of sound practices like data encryption, installing firewall etc to ensure that customer information is not misused or accessed without authority. Steps shall be undertaken by Webinara to ensure that customer information is not altered or destroyed to the detriment of its clients. Webinara shall not be held liable for loss of data or any unauthorized access to the client information stored by us.
  2. We will continue to work on features to keep your information safe in addition to things like two-factor authentication, encryption of files at rest, and alerts when new devices and apps are linked to your account.
  3. We’ll retain information you store with regard to our Services for as long as we need it to provide you the Services. If you delete your account, such information will also be deleted. However, there might be some latency in deleting this information from our servers and back-up storage and 2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
  4. To provide you with the Services, we may store, process and transmit information in locations around the world – including those outside your country. Information may also be stored locally on the devices you use to access the Services.

Other websites and servers

  1. Third party web sites may use certain technology to send the content of our web site, to process payments for the purchase of the Services on our web site etc. In addition, third parties may host the servers that deliver our hosted Services to our Clients. They may automatically receive your IP address when you visit our website or communicate with us through other means. We do not have access to or control over cookies or other features that third parties may have, and the information practices of these third party web sites or servers are not covered by this Privacy Policy.
  2. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Access to information

  1. Webinara Hosts or Members may access and update their Personal Data being stored by us by logging in and visiting the My Account page. Webinara Hosts or Members may also contact us directly at the address specified below with respect to Personal Data that is not accessible through the My Account page. We will take reasonable steps to respond to requests relating to Personal Data within 30 days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update Non-Personal Data, much of which is held in aggregate form.
  2. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Contact and dispute resolution

  1. If you have questions or concerns about our privacy policy, please contact us at [email protected].
  2. If you have a complaint about Webinara’s privacy practices you should write to us at Webinara AS, Daas gate 11, 0259 Oslo, Norway or by email to [email protected]. We will take reasonable steps to work with you to attempt to resolve your complaint.

Changes to the Privacy Policy

  1. We might make suitable amendments to its Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time. We shall endeavor to make our Clients and Users aware of these amendments e.g. via a message to the email address associated with your account or posting it on our Site. It is expected that Users of our web pages or our Clients read our Privacy Policy regularly to make themselves aware of any amendments made to our Privacy Policy. Webinara shall not be liable for any delay in the in publication of the amended Privacy Policy.
  2. Modifications will be effective 30 days following the “Last Updated” date or such other date as communicated in any other notice to you. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
  3. Below is a high level summary of the recent material changes we’ve made to our Privacy Policy, but please make sure to read our Privacy Policy in its entirety as it contains all of the terms covering our practices regarding collection, use and disclosure of information. We will also keep prior versions of this Privacy Policy in an archive for your review.

 

Copyright © 2015-2016 Webinara AS or its affiliates. All rights reserved.

COOKIE POLICY

December 28, 2015

INTRODUCTION

  1. Thanks for using Webinara! Here we describe our cookie policy. “Cookies” are pieces of information or a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website.
  2. The terms “Webinara”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Webinara AS, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces as defined in Webinara’s Terms of Service paragraph 4, including but not restricted to our websites or e-mails.
  3. What is Webinara? Webinara enables two key features:
    • As a Webinara Host Webinara enables you to promote, managing and tracking webinars or webcasts (hereinafter “webinars”) to Webinara Members in compliance with the Terms and to the extent permitted under all applicable laws and regulations (foreign and domestic). This requires you to create and administer a Webinara Host account. Webinara Hosts must fill out a webinar form to post their webinars.
    • As a Webinara Member Webinara enables you to track, follow and attend webinars that are deemed relevant to you according to your registration details. This requires you to create and administer a Webinara Member account
    • Webinara Hosts and Webinara Members are able to communicate with each other through the social features enabled. This feature can be turned off if desired or for privacy reasons by Webinara Members.
    • We do this through our websites and domains, the services available on or through our websites and domains or otherwise provided by us, and the software available on or through our websites and domains or otherwise provided by us.
  4. All terms which are capitalized must be seen in connection with the definition of such words as laid out in Webinara’s Terms of Service paragraph 4.
  5. Webinara’s Cookie Policy sets forth our policy with respect to information, including personally identifiable information (“Personal Data”) that is collected from Users through cookies, pixel tags, local shared objects, web storage and other similar technologies.
  6. Please also refer to our Privacy Policy, into which this Cookie Policy is incorporated by reference, which sets forth our policy with respect to the collection, use, disclosure, transfer and storage of information, including Personal Data that is collected from Users and Clients. Nothing in this Cookie Policy shall be deemed to modify, waive, amend or rescind any other term of the Privacy Policy.
  7. By using the Services, you are consenting to the use of the technologies described in this Cookie Policy to collect both Personal Data and non-Personal Data and to the storage of information on your device or web browser as described in this Cookie Policy.

About cookies and other technologies

  1. We use technologies like cookies, pixel tags, local shared objects, web storage and other technologies to provide, improve, protect and promote our Services.
  2. Cookies are used to recognize your browser and you as a unique. Thus, it help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted).
  3. Web beacon, web bug, pixel tag or a clear GIF is a tiny invisible tag or graphic placed on certain parts of the Services or other websites, in emails or in certain other downloadable content, but not on your computer, mobile device or browser, except to the extent that you download the content that contains such tags. It is used in combination with cookies.
  4. Local Shared Objects or Flash Cookies is similar to a cookie, except it is stored on your computer or mobile device, instead of your browser, and it can store more than just text. They are pieces of data that websites which use Adobe Flash may store on a user’s computer.
  5. Web Storage or HTML5 Local Storage is an industry-standard data storage technology that is implemented by internet browser providers. It is similar to cookies but can store more information than cookies and usually store that information on a persistent basis. There are two main web storage types: local storage and session storage, behaving similarly to persistent cookies and session cookies respectively.
  6. You can set your browser to not accept cookies, but this may limit, impair or prevent your ability to use the Services. For example, we may not remember your language preferences.

Managing cookies and other technologies

  1. Cookies: You can manage cookies through your web browser’s option settings. This may allow you to receive notifications when you are receiving new cookies, to disable cookies, or to delete cookies. Please refer to your web browser’s help section for support and information regarding such control settings. If you set your browser to not accept cookies, this may limit, impair or prevent your ability to use the Services. For example, we may not remember your language preferences.
  2. Web beacon, web bug, pixel tag or a clear GIF: Since such technology methods do not store information on your computer, mobile device or browser, except where they are occasionally downloaded to your computer if contained in an email or other downloadable content, they cannot be managed by you except by deleting the content in which the tag is contained.
  3. Local Shared Objects or Flash Cookies: To learn how to manage privacy and storage settings for local shared objects, click here.
  4. Web Storage or HTML5 Local Storage: Please refer to your browser’s help contents for procedures on how to manage settings for Web Storage.
  5. For more information about the use of cookies and other technologies as described above and how to block them, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices/ (United States).

How we use cookies and other technologies

  1. Webinara uses the term “cookies” in the following to refer to cookies and all such similar technologies that collect information as described above in paragraphs 8 to 13.
  2. Webinara uses cookies for the following purposes:
    • Essential: We use these cookies in a way that is necessary for the operation of our Services or parts of our Services as you have requested. For example, we may use cookies to recognize or determine what plan you have chosen as a Webinara Host or what Services and interest areas you have requested and registered as a Webinara Member, so we can route your traffic to effectively distribute the Site workload across numerous servers and provide you with our Services accordingly.
    • Performance/Analytics: We use these cookies to monitor our Services and to analyze how you access and use our Services, and how our Services are performing. We use this information to maintain, operate and continually improve the Services. For example, we may place cookies that allow us (a) to measure the time of your requests to our servers and our responses; (b) to A/B test new features; (c) to record statistics about site usage; (d) to track your activities on the Services; (e) to learn whether you opened or forwarded the newsletter or clicked on any of the content; and (f) to track the places from which you come to the Services. We may also use third party cookies to collect information about visitor behavior on our Services for these Performance/Analytics purposes. As an example, we use Google Analytics and Google Analytics Demographics and Interest Reporting.
    • Functional: We use these cookies to allow us to operate and provide certain functions of the Services in line with your preferences. This mean that when you click the “remember me” box on our log in page we place a persistent cookie on your browser that allows our Services to pre-populate your username and remembering how you have customized our Services and reminding your areas of interest when you return. Other examples include remembering your preferences (such as language and location preferences), preventing web application vulnerabilities, allowing for Facebook Social Connect and other third party integrations and in connection with providing search results.
    • Third Parties: We may allow our business partners to use cookies on the Service for the same purposes identified above. We may also use third party service providers acting on our behalf to use cookies for the purposes identified above. For example, we use technologies from Google, to measure performance/analytics and technologies from Facebook to provide Facebook Social Connect functionality.

Contact

  1. If you have questions or concerns about our Cookie Policy, please contact us at [email protected].

 

Copyright © 2015-2016 Webinara AS or its affiliates. All rights reserved.

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