1. Acceptance of Terms
Welcome to chatowl.com or affiliated domains (“Service” or “Site”) owned and operated by ChatOwl Inc (“ChatOwl”) with registered offices at 201 Spear Street, Suite 1100, San Francisco, CA 94105.
By using the Site, you (1) agree to be bound by the Terms; (2) represent that you are over the age of sixteen (16) and able to form legally binding contracts to the extent offered on the Site; (3) acknowledge that in your country of residence the Service might be subject to applicable export control laws and other sanctions and agree that you will comply with such obligations and (4) represent that you are neither located in a sanctioned country nor a prohibited person.
In the Terms, “User,” “you” and “your” refer to the individual that creates a ChatOwl account. “ChatOwl,” “we,” “us” and “our” refer to ChatOwl. “Customer” refers to the person who asks a question on the Site. “Counselor” refers to the person who answers a question posted on the Site.
“ChatOwl” and the ChatOwl logo are registered national and international word and figurative trademarks of ChatOwl. The design of the Site is protected under the applicable design protection laws.
3. Electronic communications and right to modify Terms
When you visit ChatOwl you consent to communicate with us or via us electronically, either by e-mail, VOIP or video conference or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your ChatOwl account profile, your current and active email address.
ChatOwl may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User, either via email from email@example.com or another @chatowl.com email address to your email address on file with ChatOwl or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the ChatOwl website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
4. ChatOwl is a venue; third-party content
The Site is a venue for informational purposes to allow Customers and Counselors to meet and interact electronically. Users of the Site, not ChatOwl, provide the content in Communications (defined in Section 5 below). The Counselors determine which questions to answer; Counselors are not employees or agents of ChatOwl but are independent service providers using the Site to offer, or sell, or make otherwise available, their Counselor knowledge to Customers and are, as such, along with Customers, simply Users of the Site.
ChatOwl is not involved in the conversations between Customers and Counselors and does not refer Customers to or endorse or recommend particular Counselor. You understand and acknowledge that ChatOwl cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Communications. ChatOwl shall not be liable for any acts or omissions of Counselors, content in Communications, the ability of Counselors to answer questions or the ability of Customers to pay for answers. Notwithstanding the foregoing, ChatOwl reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals or to emergency services. The Site is not the appropriate venue to deal with such situations.
5. Communications are not private or confidential
The Site is an Internet-based service which applies certain technical means to reasonably assure privacy. Information and materials submitted in the content of your Communications, requests for information, responses, profiles, signatures, qualifications, and comments may be disseminated in a one-to-one interaction or in a one-to-many-interaction (collectively “Communications”). It is not completely private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. To better protect your privacy, be diligent in disclosing sensitive information regarding your identity or contact information.
6. No reliance on the term “Counselor”
The use of the term “Counselor” by ChatOwl and on the Site is only meant to describe Users who offer to answer questions on the Site, and not to guarantee any particular level of expertise of the Counselor.
ChatOwl does not itself verify the credentials or quality of service of the Counselors but relies on User feedback. ChatOwl makes efforts to verify, but cannot warrant or guarantee an Counserlor’s purported identity. For these reasons, ChatOwl cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the creden-tials or identities of and provided by Users including Counserlors. You acknowledge that ChatOwl will not be liable for any loss or damage caused by your reliance on any information or content received in Communications.
7. Information not advice; no professional-client relationship
Answers of Counserlors on the Site are to be used by Customers for general information purposes only, not as a substi-tute for in-person evaluation or specific counselor (medical, legal, veterinary, tax, financial, etc.) advice. For example, Counselors in the «Legal» category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. When using the Site, Counserlors do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Counserlors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site or shall be deemed to be otherwise brokered by ChatOwl or the Services.
8. User accounts; restricted activities; suspension or termination of Service
USER ACCOUNTS When you register as a User on the Site, you have to establish a user name and password for access to your online account, as well as to create a personal profile. Alternatively, you may log on, or may be required to log on, by using single-sign-on procedures via popular social networks. By using such login procedures, you agree that ChatOwl collects the personal information which you make available for the ChatOwl application on your respec-tive social network site. You are responsible for maintaining the confidentiality of your user name, password and account data, may use this account only personally, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify ChatOwl of any unauthorized use of your password or account. You should only create one account on the Site, and if your ChatOwl account has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active ChatOwl accounts.
RESTRICTED ACTIVITIES You agree that any content you provide on the Site and in Communications and your use of the Site shall not: (1) be fraudulent, inaccurate or misleading; (2) infringe any third party’s proprietary rights or rights of publicity or privacy; (3) be illegal or violate any international, national, state or local law, statute, ordinance, regulation or ethical code applicable in your country of residence or in Switzerland; (4) be competitive with ChatOwl or the Site; (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or material otherwise adult in nature or harmful to minors; (7) be offensive, abusive, discrimi-natory, harassing, blasphemous or racist; (8) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (9) create liability for us or cause us to lose (in whole or in part) the services of our ISPs, payment service providers or other suppliers; (10) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or you do not have a right to link to or include and (11) not circum-vent, reverse-engineer, attack or in any other way jeopardise the technical safety, authentication or other provi-sions of the Site.
You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our Service or the content on the Site without ChatOwl’s prior written consent. We do not knowingly collect personal information from children under fifteen (15) years of age, and if we become aware that a minor under the age of fifteen (15) has submitted personal information to us, we will promptly remove it from our systems.
SUSPENSION OR TERMINATION OF SERVICE You may terminate your usage of the Site and your account at your sole discretion and at any time by written no-tice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy ac-cess to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. Any usage fees paid upfront for a certain subscription period will forfeit to the favor of ChatOwl.
At any time, without notice, for any or no reason, ChatOwl reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
9. Charges; rating the Counselors; ChatOwl Account; refund and cancellation policy
ChatOwl’s platform allows Customers to find Counserlors in subject-matter categories, facilitates communication with Counselors via chat, VOIP, video conference, emails and online message boards, and enables delivery of answers to your questions, among other services. Counselors typically respond to Customers’ questions in an online conversa-tion via VOIP, video conference or chat. They may request further information before answering your question. ChatOwl does not guarantee that you will find a Counserlor which is competent to answer your questions, or that you will be satisfied with your communication with an Counserlor.
For the usage of the Service on the Site, in general a charge per Communication (e.g. fixed amount) or a charge per time period of the duration of the Communication (e.g. fee per hour, fee per minute), or any other charge model, is being charged to the Customer by ChatOwl. The charges are defined by the Counserlors and must be acknowledged by the Customer before initiating a Communication. The charges are due unconditionally, i.e. re-gardless of the fact whether the Counserlor was able to answer a question or whether the Customer is satisfied with the result, the quality or the outcome of the Communication.
As part of their profile on the Site, the Customers open and maintain an individual payment account (“ChatOwl ACCOUNT”) which can be credited by the Customer manually or by a recurring charge order against the payment source provided by the Customer in his profile. Customers authorize ChatOwl to charge Communication charges against their ChatOwl account. Before enabling a Communication, ChatOwl may require that a fitting mini-mum balance is credited and maintained with the ChatOwl account; the User may be offered an automatic top-up option. If the balance of the ChatOwl is used, ChatOwl may interrupt a Communication without warning.
When closing an account, the User may choose to have a remaining balance in his ChatOwl account refunded to his credit card or other payment option; a transfer to a third party is not permissible. If a User is inactive on ChatOwl for more than two (2) years, ChatOwl is entitled to close a User account and to refund the balance of a ChatOwl account to the credit card or other payment source registered with the User profile. If such refund fails and if the User does not react to at least three consecutive announcements by email to the User’s registered email address(es) over a period of minimum three (3) months, ChatOwl is entitled to cancel the User account and the balance amount will forfeit in favor of ChatOwl.
Once the interaction with the Counselor closes, you will be asked to rate the Counselor. If you provide a rating of 1-2 stars (which is considered an unsatisfactory rating), you will be asked to provide the Counselor with feedback about why you are unsatisfied, so the Counselor may try to help you better.
If ChatOwl believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, ChatOwl will continue to investigate the situation until an ade-quate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. ChatOwl will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
10. Receipt of special offers and other communications
ChatOwl maintains the right to initiate special incentive pricing, User promotions, and other programs. These may be limited, at ChatOwl’s sole discretion, to defined and limited Users or non-users. Any promotional mon-ies or credits placed into Customer accounts by ChatOwl for use towards answers on the Site remain the prop-erty of ChatOwl (they never become the property of Users and never become refundable to the User), and un-less otherwise stated on the Site or in an email to a User, will be usable only for a limited period of time at the discretion of ChatOwl.
Users are responsible for their acts and omissions and content placed on the Site. Because the Site is a venue, in the event that you have a dispute with one or more Users, you release ChatOwl (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Proprietary rights of content
You acknowledge that ChatOwl and its licensors and suppliers own the rights to the Site and the content displayed on the Site other than in Communications. You shall not modify, reverse en-gineer, decompile, disassemble, or attempt to derive the source code of the Site, or assist any other person or en-tity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, pho-tographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by ChatOwl, ChatOwl Users, or ChatOwl advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or dis-tribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of in-formation or materials on the Site does not constitute a waiver of any right in such information and materials.
With the exception of information provided directly and only to the Site administrator or any employee, officer or agent of ChatOwl, you agree that Communications, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the ChatOwl blogs, the ChatOwl page on www.face-book.com, the ChatOwl venues on www.twitter.com, www.youtube.com, plus.google.com, WWW.FLICKR.COM, and others (“User Content”), will not be considered confidential and may be used by ChatOwl, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
You grant to ChatOwl a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, repro-duce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Communications, in your User Profile and User Content, in any media now known or not currently known, with respect to any such Communications and other User Content.
13. No Endorsement of non-ChatOwl entity; no relationship with Users
ChatOwl may endeavor to offer to its Users products and services offered by non-ChatOwl entities. Place-ment of information, logos, links or names of such non-ChatOwl entities on the Site does not constitute an en-dorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold ChatOwl harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created be-tween you and ChatOwl or between any User (including Customers and Counselors) and ChatOwl by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site.
14. Information control and storage
We do not systematically control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of deal-ing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that ChatOwl is not responsible for the acts or omissions of Users on the Site. The amount of storage space per User is currently limited. You agree that ChatOwl is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of warranties
ChatOwl services and related documentation are provided “as is” and, to the degree permissible by law, without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of mer-chantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this Site shall create any warranty, representation or guarantee not expressly stated in these Terms. ChatOwl does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. ChatOwl does not warrant or represent that the use or the results of the use of the materials available through the Service, Counselors, third parties or a linked site will be correct, accurate, timely, reliable or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
Use of this Site is at Users’ sole risk. ChatOwl will not be liable for any loss or damage caused by a User’s reli-ance on information obtained through the Site, from third parties (such as Counselors or others) or a linked site, or User’s reliance on any product or service obtained from a third party (such as Counselors or others) or a linked site.
No advice or information, whether oral or written, obtained by you from ChatOwl or through or from the ChatOwl Services shall create any warranty.
16. Limitation of liabilities
The liability of ChatOwl, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns is excluded to the degree permissible by law. This includes any indi-rect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of busi-ness, profits, data, use, revenue or other economic advantage), arising out of or in connection with our Site, our Services or the Terms.
You agree to indemnify and hold ChatOwl, its parents, subsidiaries, officers, directors, shareholders, employ-ees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabili-ties and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.
18. Media releases and third-party press about ChatOwl
The Site may contain media releases and other information about ChatOwl. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any media releases. Information about companies other than ours contained in the media release or otherwise, should not be relied upon as being provided or endorsed by ChatOwl. Likewise, third-party press about ChatOwl or the Site should not be relied upon as being provided or endorsed by ChatOwl.
19. Agreement; assignment; severability; miscellaneous
If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provi-sion(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. ChatOwl’s failure to exercise or enforce any of the Terms shall not consti-tute a waiver of ChatOwl’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the mean-ing of the Terms.
You agree that ChatOwl may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interac-tion with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. ChatOwl shall not be deemed to have waived any of its rights or remedies unless such waiver is in writ-ing and signed by an officer of ChatOwl. No delay or omission on the part of ChatOwl in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occa-sions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or con-tractual significance.
Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 will survive any termination of this Agreement.
20. Applicable law
By using Chatowl, you agree that the applicable federal law and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Chatowl.
December 17, 2018
Without prejudice to compelling legal regulations and the provisions of the Terms, the PP governs the handling of data made available on paycall.headstore.com by Users, or which arise as a result of the use of Services. With registration and on each login to Services, the User declares his express consent to the processing of his data according to the principles stated hereinafter.
1. The services of ChatOwl Inc are described and defined in the term (“Services”).
2. ChatOwl Inc implements reasonable technical and organizational security measures in order to protect data from unintentional or malicious manipulation, loss, destruction or access by unauthorized persons. Passwords are stored in encrypted form, and the security measures are periodically examined and continually improved in line with technological developments. At ChatOwl Inc, data is saved on servers in such a way that ChatOwl Inc can administer the process and access controls in line with the legal requirements. Although the data encryption at ChatOwl Inc is in line with state-of-the-art technology, the User is solely responsible for the transfer of the data over the internet, in particular when using mobile devices.
3. In order to be able to use the Services, ChatOwl Inc captures the following data (and combinations thereof):
3a) Personal data can be used to identify the User, and to enable the core functions of Services. ChatOwl Inc will only capture personal data if it is provided by the User or, by means of the use of single-sign-on services (“SSO”) like «Facebook Connect» or «Sign in with Twitter», or «Sign in with Google», or or «Sign in with Linkedin» or by the use of connectors to social media networks, is indirectly retrieved via such services. By using a SSO-service or social media connector, the User accepts the general terms and conditions of business and data protection provisions of such service providers. To the extent legally permissible, the User releases ChatOwl Inc from all liability and guarantee in this respect. Examples of personal data which the User may place on ChatOwl Inc as part of his profile and which ChatOwl Inc may capture include name, address, nationality, date of birth, profile pictures, status, e-mail address, telephone number and contact details.
3b) As stated in the Terms, ChatOwl Inc relies on the fact that the User will only use paycall.headstore.com with data aggregated from third-party sources if entitled to do so.
3c) Demographical data that may be accumulated through the use of paycall.headstore.com relates not only to the User, but to specific population characteristics, such as post code, age, preferences, gender, nationality, status, interests, etc.
3d) Behavioral data is collected by ChatOwl Inc on how the User uses paycall.headstore.com, the areas of the website he visits, the services he selects and the details available from the browser of his computer hardware and software, including IP address, browser, operating system, domain names, access times and the addresses of websites referring to Services. This data is required to analyze the use of resources, to find and rectify errors, to fight misuse and to improve the services.
3e) In addition, ChatOwl Inc may collect indirect data on the User (e.g. geographical analysis of IP addresses).
4. When registering, the User’s first name, surname, e-mail address and a password will be recorded, and the e-mail address will be verified. The data recorded in the profile might be called up individually by other users, but not by any third parties outside of the group of ChatOwl Inc Users, and will only be used subject to the provisions of the PP. By activating the relevant function in his profile, the User accepts the sending of e-mail notifications at the intervals defined and the periodic sending of information on new services from ChatOwl Inc. The type and intervals of e-mail notifications may be changed at any time.
5. ChatOwl Inc aggregates various data generated by Users in a database and employs the aggregated content to support, facilitate and suggest feeds, according to certain criteria, to other Users or to any third party (“System Data”). It is not possible, however, to deduce from externally employed System Data the identity and the preference of a User. Furthermore, ChatOwl Inc might temporarily store (cache) certain third-party data in order to provide for an improved user experience.
6. In order to facilitate the user experience, particularly the mashup with social media networks or other third party services, ChatOwl Inc employs embedded code snippets (widgets, codelets, iFrames etc.) and other technical means which might relay certain static and behavioral data of the User (visited web pages, references etc.) to third-party web servers without ChatOwl Inc’s control or involvement.
7. ChatOwl Inc may provide the Services based on different subscription models, part of which might be free of charge to the User and supported by commercial advertisement or embedment of the Services in third-party sites which might be targeted to the User based on data collected by ChatOwl Inc or by third-party-services. If a subscription fee is paid by credit card or other form of payment, the payment is made via a link to the website of the financial service provider in question. ChatOwl Inc does not become aware of or save any payment data, but is notified by the financial services provider of the payment status, so that ChatOwl Inc services requested by the User can be activated. By choosing a payment form, the User accepts any general terms and conditions of business and data protection provisions of the financial services provider in question and, to the extent that this is legally permissible, releases ChatOwl Inc from all liability and guarantee.
8. The User has the option of saving certain data in his profile. The saving of objects with improper, indecent or prohibited content, or objects contaminated with computer viruses, trojans etc., is forbidden. ChatOwl Inc expressly reserves the right, if information is received of a breach of this provision, to inspect the objects saved on ChatOwl Inc, to delete them without warning, or to block the User accounts in question. ChatOwl Inc expressly draws attention to the fact that the User himself is responsible for ensuring reasonable protection of his computer systems against viruses, trojans, etc.
9. The records contributed by the User to the System Data are not removed if the User’s account and/or the User’s data is deleted. The User declares his express agreement to the continued use of such data even after the deletion of his account and/or his data.
10. ChatOwl Inc uses the data collected on paycall.headstore.com in order to provide the Services, to respond to enquiries from Users and to operate and improve the website. By registering with paycall.headstore.com, the User agrees to ChatOwl Inc using his data:
10a) to enable him to set up an account
10b) to enable him to draw up profiles and to deliver commercial advertisement to him;
10c) to inform him of updates to ChatOwl Inc, to send him information and service-related notifications, including important security updates;
10d) to send him additional notifications and information and to inform him of new offerings and future Services;
10e) to put him in a position to give ChatOwl Inc feedback, to contact ChatOwl Inc and allow ChatOwl Inc to respond to him;
10f) to provide and continually improve the System Data;
10g) to carry out surveys, questionnaires, campaigns and competitions and present the results, such as success stories and competition winners;
10h) to be able to compile internal reports on the use of ChatOwl Inc; and to use combined, anonymized statistical data from ChatOwl Inc for academic, marketing and publicity purposes.
10i) With the exception of System Data, the User has the opportunity at any time to delete, overwrite or deactivate data which he has actively entered. The User is aware that data which is deleted in the database is still present on backups. For technical reasons, certain data remains saved on the database, but is marked as deleted. Subject to authentication in accordance with section 10o) below, the User is free, insofar as technically feasible, to request the deletion or, where technically impossible, the anonymization of his data.
10k) When accessing paycall.headstore.com, the general access data is saved in a log file which contains, among other data: IP address, date and time of access, User ID used, files called up, access status (OK, partial content, document not found, etc.), websites referred to, web browser used, operating system used. ChatOwl Inc uses this data for statistical and technical analyses and in anonymized form, for example to optimize the server infrastructure or to determine what days are particularly busy in terms of access, in order to be able to draw conclusions on possible improvements to the user interface and functionalities. No personal analyses of this data are undertaken.
10l) Apart from cooperation with suppliers and other third parties who are contractually obliged to preserve confidentiality, ChatOwl Inc only allows third party access to user data if legally obliged to do so, or if obliged on the basis of an official order, as it sees fit following a request from an official body or if it believes in all good faith that this is necessary in order to: (1) comply with legal regulations or legal proceedings; (2) protect its rights or property; (3) expose or prevent an offence or a crime; or (4) protect the personal safety of Users or the general public. On the basis of a typical commercial confidentiality agreement, ChatOwl Inc is also entitled to allow reasonable inspection of the ChatOwl Inc database by third parties who wish to acquire part or all of the business of ChatOwl Inc in any form whatsoever. If ChatOwl Inc is subject to insolvency proceedings, it or its liquidator, administrator or receiver may sell, license or otherwise dispose of the ChatOwl Inc database in the course of a legal transaction authorized by a competent authority. Where appropriate, the User will be informed by e-mail or by means of a notification on ChatOwl Inc of any substantial changes in the ownership of ChatOwl Inc.
10m) ChatOwl Inc will never ask the User by e-mail for his login data, in particular his password. In the case of support or other enquiries, ChatOwl Inc is entitled to use appropriate identification and authentication methods, suitable for the enquiry in question, to verify as far as possible whether the enquirer is entitled to be given information concerning the account and related data.
10n) ChatOwl Inc data is stored, mirrored, and processed in third-party data centers under various jurisdictions. The User gives its explicit consent to a data transfer abroad, even under the condition that such country might provide less data protection than his home country or the country of incorporation of ChatOwl Inc (US).
10o) A User is entitled at any time to request information from ChatOwl Inc Data Protection Officer in written or electronic form concerning the personal data held on him at ChatOwl Inc. The request will be responded to as quickly as possible in the form deemed most appropriate by ChatOwl Inc. The request for information may be refused, limited or postponed if necessary to comply with legal regulations or if ChatOwl Inc’s interests or those of a third party take precedence.
10p) Requests for information or any other queries to the ChatOwl Inc data protection officer should be directed to: ChatOwl Inc attn. Data Protection Officer 201 Spear Street, Suite 1100, San Francisco, CA 94105, dataprotection@ChatOwl Inc.com.