Privacy policy

  1. Introduction

1.1    We are committed to safeguarding the privacy of [our website visitors and service users].

1.2    This policy applies where we are acting as a data controller with respect to the personal data of [our website visitors and service users]; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

1.4    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can [specify whether you would like to receive direct marketing communications and limit the publication of your information]. You can access the privacy controls via [URL].

1.5    In this policy, “we”, “us” and “our” refer to FunKeyword Limited.[ For more information about us, see Section 13.]

  1. Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

  1. How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process [data about your use of our website and services] (“usage data“). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use]. The source of the usage data is [our analytics tracking system]. This usage data may be processed [for the purposes of analysing the use of the website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [monitoring and improving our website and services]] OR [[specify basis]].

3.3    We may process [your account data] (“account data“).[ The account data may [include your name and email address].][ The source of the account data is [you or your employer].] The account data may be processed [for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.] The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.4    We may process [your information included in your personal profile on our website] (“profile data“).[ The profile data may include [your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details].] The profile data may be processed for [the purposes of enabling and monitoring your use of our website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract] OR [[specify basis]].

3.5    We may process [your personal data that are provided in the course of the use of our services] (“service data“).[ The service data may include [specify data].][ The source of the service data is [you or your employer].] The service data may be processed [for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.6    We may process [information that you post for publication on our website or through our services] (“publication data“). The publication data may be processed [for the purposes of enabling such publication and administering our website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.7    We may process [information contained in any enquiry you submit to us regarding goods and/or services] (“enquiry data“). The enquiry data may be processed [for the purposes of offering, marketing and selling relevant goods and/or services to you]. The legal basis for this processing is [consent] OR [[specify basis]].

3.8    We may process [information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website] (“transaction data“).[ The transaction data may include [your contact details, your card details and the transaction details].] The transaction data may be processed [for the purpose of supplying the purchased goods and services and keeping proper records of those transactions]. The legal basis for this processing is [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely [our interest in the proper administration of our website and business]] OR [[specify basis]].

3.9    We may process [information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters] (“notification data“). The notification data may be processed [for the purposes of sending you the relevant notifications and/or newsletters]. The legal basis for this processing is [consent] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.10  We may process [information contained in or relating to any communication that you send to us] (“correspondence data“). The correspondence data may include [the communication content and metadata associated with the communication].[ Our website will generate the metadata associated with communications made using the website contact forms.] The correspondence data may be processed [for the purposes of communicating with you and record-keeping]. The legal basis for this processing is [our legitimate interests, namely [the proper administration of our website and business and communications with users]] OR [[specify basis]].

3.11  We may process [identify general category of data].[ This data may include [list specific items of data].][ The source of this data is [identify source].] This data may be processed for [specify purposes]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [specify legitimate interests]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.12  We may process [any of your personal data identified in this policy] where necessary for [the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure]. The legal basis for this processing is our legitimate interests, namely [the protection and assertion of our legal rights, your legal rights and the legal rights of others].

3.13  We may process [any of your personal data identified in this policy] where necessary for [the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice]. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks].

3.14  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process [any of your personal data] where such processing is necessary[ for compliance with a legal obligation to which we are subject, or] in order to protect your vital interests or the vital interests of another natural person.

3.15  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

4.1    We may disclose [your personal data] to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2    We may disclose [your personal data] to [our insurers and/or professional advisers] insofar as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure].

4.3    We may disclose [specify personal data category or categories] to [our suppliers or subcontractors][ identified at [URL]] insofar as reasonably necessary for [specify purposes].

4.4    Financial transactions relating to [our website and services] [are] OR [may be] handled by our payment services providers, [identify PSPs]. We will share transaction data with our payment services providers only to the extent necessary for the purposes of [processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds]. You can find information about the payment services providers’ privacy policies and practices at [URLs].

4.5    We may disclose [your enquiry data] to [one or more of those selected third party suppliers of goods and services identified on our website] for the purpose of [enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services].[ Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.]

4.6    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.[ We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.]

  1. International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to [countries outside the European Economic Area (EEA)].

5.2    We[ and our other group companies] have [offices and facilities] in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from [source]] OR [the use of binding corporate rules, a copy of which you can obtain from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.3    The hosting facilities for our website are situated in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.4    [Specify category or categories of subcontractor] [is] OR [are] situated in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.5    You acknowledge that [personal data that you submit for publication through our website or services] may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

  1. Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    We will retain your personal data as follows:

(a)    [personal data category or categories] will be retained for a minimum period of [period] following [date], and for a maximum period of [period] following [date].

[additional list items]

6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of [personal data category] will be determined based on [specify criteria].

[additional list items]

6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of changes to this policy [by email or through the private messaging system on our website].

  1. Your rights

8.1    You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a)    the payment of a fee (currently fixed at GBP 10); and

(b)    the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].

8.2    We may withhold personal information that you request to the extent permitted by law.

8.3    You may instruct us at any time not to process your personal information for marketing purposes.

8.4    In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

OR

  1. Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.[ You can access [your personal data] by visiting [URL] when logged into our website.]

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

        and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data [by written notice to us] OR [by [methods]][, in addition to the other methods specified in this Section 8].

  1. About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

10.1  We use cookies for the following purposes:

(a)    [authentication – we use cookies [to identify you when you visit our website and as you navigate our website][ (cookies used for this purpose are: [identify cookies])]];

(b)    [status – we use cookies [to help us to determine if you are logged into our website][ (cookies used for this purpose are: [identify cookies])]];

(c)    [personalisation – we use cookies [to store information about your preferences and to personalise the website for you][ (cookies used for this purpose are: [identify cookies])]];

(d)    [security – we use cookies [as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally][ (cookies used for this purpose are: [identify cookies])]];

(e)    [advertising – we use cookies [to help us to display advertisements that will be relevant to you][ (cookies used for this purpose are: [identify cookies])]];

(f)    [analysis – we use cookies [to help us to analyse the use and performance of our website and services][ (cookies used for this purpose are: [identify cookies])]]; and

(g)    [cookie consent – we use cookies [to store your preferences in relation to the use of cookies more generally][ (cookies used for this purpose are: [identify cookies])]].

[additional list items]

  1. Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.[ The relevant cookies are: [identify cookies].]

11.3  [We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies.] OR [We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website).] You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.[ The relevant cookies are: [identify cookies].]

11.4  We use [identify service provider] to [specify service]. This service uses cookies for [specify purpose(s)]. You can view the privacy policy of this service provider at [URL].[ The relevant cookies are: [identify cookies].]

  1. Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

[additional list items]

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website.

  1. Our details

13.1  This website is owned and operated by [FunKeyword Limited].

13.2  We are registered in [Malta] under registration number [number], and our registered office is at [address].

13.3  Our principal place of business is at [address].

13.4  You can contact us:

(a)    [by post, to [the postal address given above]];

(b)    [using our website contact form];

(c)    [by telephone, on [the contact number published on our website from time to time]]; or

(d)    [by email, using contact@funkeyads.com].

[additional list items]

  1. Data protection officer

14.1  Our data protection officer’s contact details are: [contact details].

 

Effective Date: 23-Mar-2023
Last Updated: 23-Mar-2023

This Privacy Policy describes the policies of Funkeyword limitied, 229 Republic Street, Valleta VLT1116, Malta, email: contact@joava.com, phone: +1-9177255055 on the collection, use and disclosure of your information that we collect when you use our website ( https://joava.com ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.

We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.

  1. Information We Collect:

    We will collect and process the following personal information about you:

    1. Name
    2. Email
  2. How We Use Your Information:

    We will use the information that we collect about you for the following purposes:

    1. Marketing/ Promotional
    2. Testimonials
    3. Customer feedback collection
    4. Support
    5. Administration info
    6. Targeted advertising
    7. Manage user account

    If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.

  3. How We Share Your Information:

    We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:

    1. Ad service
    2. Analytics

    We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.

    We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.

  4. Retention Of Your Information:

    We will retain your personal information with us for 90 days to 2 years after users terminate their accounts or for as long as we need it to fulfill the purposes for which it was collected as detailed in this Privacy Policy. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons like enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.

  5. Your Rights:

    Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at contact@joava.com. We will respond to your request in accordance with applicable law.

    You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at contact@joava.com.

    Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.

  6. Cookies Etc.

    To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.

  7. Security:

    The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

  8. Third Party Links & Use Of Your Information:

    Our Service may contain links to other websites that are not operated by us. This Privacy Policy does not address the privacy policy and other practices of any third parties, including any third party operating any website or service that may be accessible via a link on the Service. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

  9. Grievance / Data Protection Officer:

    If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at Funkeyword limitied, 229 Republic Street, email: contact@joava.com. We will address your concerns in accordance with applicable law.

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Effective Date: 23-Mar-2023
Last Updated: 23-Mar-2023
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This document (the “ToS”) sets out the terms upon which Funkeyword Limited (the “Company”) provides registered users (the “Users”) with access to its Systems.

Please read this document carefully as it is important that you understand and agree to these terms in order to use our website.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS DOCUMENT YOU MAY NOT USE THE SERVICE.

1. Background

1.1 The Company has designed and implemented a bid management system (the “System”).

1.2 The System interfaces with various providers of online advertising (the “Advertisers”) to allow a single control centre from which to set up and administer online advertising campaigns across multiple platforms.

1.3 The System also provides additional features and analysis beyond that which is available from the Advertisers` own systems.

1.4 The system operates as a `remote control` transmitting your instructions to underlying Advertisers. This ToS Document exempts the Company from liability in the event that Advertisers do not follow those instructions.

2. Your Obligations and Responsibilities

2.1 You must abide by all of the terms of this Agreement at all times.

2.2 To consent to use the Service you must be at least eighteen years old.

2.3 By clicking `accept` and/or by using the Service you consent to all the terms of this Agreement.

2.4 You must ensure that the details entered in your account are correct and remain accurate including the provision of a valid email address or other contact details. You are solely responsible for maintaining the accuracy of these records.

2.5 You must consent to us holding and using your data in accordance with our privacy policy.

2.6 Accounts are for use by a single person only. You must not share your account details with anyone else or allow anyone else to use your account.

2.7 You must never provide your account details or password to any third-party for any reason whatsoever.

2.8 You agree to keep your account secure in accordance with clause 4 below.

2.9 The ownership of the Service remains exclusively with the Company. Use of the Service confers absolutely no proprietorial (ownership) interest or other personal or legal rights. You have no proprietorial (ownership) interest whatsoever in the Service and are using the Service solely under a temporary licence.

3. Our Obligations and Responsibilities

3.1 The Company will provide the User will access to the System on the terms set out in the Agreement and for such time as is agreed between the Parties.

3.2 The System executes the User`s instructions by transmitting them to the Advertisers.

3.3 The only obligation of the Company is to ensure that the instructions are transmitted to the Advertisers. The Company is not responsible for their correct or timely execution.

3.4 The Company has no control over (and cannot be responsible for) the prompt or correct implementation of your bid instructions by the Advertisers. Accordingly the Company provides absolutely no warranty or guarantee of any sort as to the accurate or prompt execution of instructions related to bids. By using the Service you agree that you will not attempt to hold the Company liable for losses resulting from or connected with the actions or omissions of any Advertiser.

3.5 The following is an exhaustive list of the obligations and guarantees of the Company under this section 3:

3.5.1 To provide the Service.
3.5.2 To transmit your bid instructions to Advertisers.
3.5.3 To promptly notify the User if the Advertisers` system is unresponsive or unavailable, or if some other technical difficulty prevents us from delivering your instructions.

The above list represents the entirety of the consideration and obligations (our side of the bargain) of the Company. The above only shall give rise to the right of action for breach of contract or any other action in tort (civil litigation). The Company will never be liable for losses arising from any action or failure to act of any Advertiser nor will the Company be liable for any defect in services provided by any Advertiser.

3.6 Further to the above clause 3.4 you agree that you will not make any mention of the Company on any blog, website, forum, review site or other publication (including but not limited to Facebook, Twitter and other social media sites) which could lead a third-party to associate the Company with the Advertiser`s errors, acts, omissions, poor customer service, or failure to promptly implement your instructions.

3.7 The Service is provided on a best-endeavour basis and its availability is subject to factors outside the Company`s reasonable control including, but not limited to, internet connection issues, browser or operating system incompatibilities, attack by computer hackers, hosting problems, acts of God, natural disasters and other unforeseeable events. You hereby accept that access to the Service may be subject to occasional interruption provided always that the Company will respond immediately and effectively to any such suspension of service.

3.8 The Company is responsible for the protection of your data including your payment details and undertakes that it will take due care to ensure that this information remains confidential and is only held and used in accordance with applicable law.

3.9 Although all information is encrypted and protected by a firewall the Company will not be liable for the loss of data resulting from the action of any third-parties, such as an attack by hackers. You hereby acknowledge and consent to the small but real risk, which is intrinsic to the use of any online service, of data loss and data theft arising due to the actions of hackers or other third-parties.

4. Account Security

4.1 You are solely responsible for the security of your account information and you must:

4.1.1 Keep all account information secret and not write down your password or save it in an unencrypted document; and,
4.1.2 Promptly log out of the Service as soon as your user session is finished; 
4.1.3 Only access the Service using a private computer with a firewall and up to date operating system, browser and anti-virus software; and,
4.1.4 Take reasonable care to ensure that other people cannot see your screen or keyboard when using the Service.

4.2 You accept that if you do not adhere to the terms of this section 4 you waiver your rights to sue the Company for any losses arising under the use of the Service.

5. Confidentiality, Non-Disclosure and Protection of Intellectual Property

5.1 The Service comprises the valuable intellectual property of the Company and you irrevocably agree that you will not:

5.1.1 take any action which could harm the Company`s interest in that intellectual property or affect its value;
5.1.2 disseminate any technical information about the Service to any third-parties including, but not limited to, screenshots and details of how the Service or any part of it looks or operates;
5.1.3 attempt to duplicate or imitate the Service or to create a derivative work based on the Service;
5.1.4 attempt to tamper with, hack, spoof, copy, modify, or otherwise compromise the proper function of the Service;
5.1.5 use robots or scripts to access the Service;
5.1.6 attempt to reverse-engineer, reverse-assemble, reverse-compile, decompile, disassemble or otherwise alter the Service; or,
5.1.7 knowingly or negligently transmit any virus, worm, Trojan horse, or other computer programming, virus, malicious software or code that is designed or intended to damage, destroy, intercept, download, interfere with, manipulate, or otherwise interrupt the Service or the data stored thereon.

5.2 More generally you must not take any action which you know, or should reasonably know, has the potential to harm the interest of the Company or the operation of the Service.

5.3 You hereby agree to keep both the System and the terms of any agreements or contracts with Funkeyword confidential and use your reasonable discretion in protecting their secrecy. For avoidance of doubt this clause shall apply indefinitely, even after the termination of the Agreement.

5.4 Clause 5.3 shall not apply where the confidential information has become public knowledge.

5.5 Clause 5.3 shall not apply if the User is directed to disclose information contrary to your confidentiality obligations under this Agreement by a competent Court or other legal authority.

6. Variation of Terms

6.1 The Company may make changes to this Agreement from time to time and will notify you of any such change either by email or within your user area of the Service or by notification the next time you log on.

6.2 You may not alter the terms of this Agreement under any circumstances.

6.3 When changes to this Agreement are made they will be stored on our website along with the revision history.

6.4 You will have the option to consent to the new terms, but if you do not consent the Company may withdraw access to the Service.

6.5 Any changes to the Service will be fair and reasonable and drafted in good faith.

7. Termination of Service

7.1 You have the right to terminate the Service at any time. In such cases the Company will not offer any refund for Fees already paid but neither will it process any further payments. Upon termination your membership will remain active until the final day of the current billing period.

7.2 If the Company suspects improper use of the Service (including but not limited to multiple persons sharing a single account) it shall have the right to terminate access to the Service immediately. In such cases the Company will not offer any refund for Fees already paid but neither will it process any further payments.

7.3 The Company has the right, in its absolute discretion, to withdraw access to the Service without providing any explanation.In such a case the Company will not offer any refund for Fees already paid but neither will it process any further payments. The company undertakes only to use this right with good and due cause and in good faith.

7.4 If you fail to make an agreed payment the Service will be terminated immediately.

8. Interpretation (Explanation of Terms Used in the Agreement)

8.1 “You”, “Your”, “User” and “Users” shall all refer to the user of the Service.

8.2 “We”, “Our”, “Company” and “Funkeyword” shall all refer to Funkeyword Ltd or such other legal entity as may supersede it in the operation of the Service.

8.3 “Party” and “Parties” shall mean both the User and Funkeyword.

8.4 “Agreement”, “Document”, “ToS”, “User Agreement” and “Terms of Service” shall all mean this document and its subsequent revisions, provided always that they are duly notified in accordance with Clause 6 of this Agreement.

8.5 The “Service” means any access to the System.

8.6 The “System” means the bid management system designed, implemented and operated by Funkeyword.

8.7 “Advertiser”, “Advertisers” or “Platform”, shall refer to any advertising system with which Funkeyword`s Service interacts.

8.8 “Section”, “Clause”, “Paragraph” and “Sub-clause” shall mean that numbered part of the Agreement and its sub-clauses (if any). In the event of an obvious error of numbering, the clause shall be interpreted as if it were correctly numbered.

8.9 “Term” shall mean any section, clause, paragraph, sub-clause or part thereof.

8.10 The headings in this Agreement are intended to make the document easier to read and understand but, in the event that they conflict with any other Term, do not form part of the Agreement.

8.11 Clause 1 and its sub-clauses is provided as background to the Agreement only. In the event that another clause or term in this Agreement conflicts with Clause 1 or its sub-clauses then the conflicting term in Clause 1 shall be overridden by those of that other clause. In the event that another clause or term of this Agreement provides a greater level of detail or clarifies or reiterates the same general point in more detail then the terms of Clause 1 shall be overridden by that more detailed clause.

8.12 Unless it is evident from the context and having regards to the generality of the Agreement that a clause intends to mean otherwise: words denoted in the singular only shall include the plural and vice versa; words denoted in any gender shall include all genders; and, terms denoting people or persons shall include both natural and legal persons (such as corporations) and vice versa.

9. Severability and Illegality

9.1 The illegality or unenforceability of any clause (or part thereof) shall have the effect of voiding that clause (or part thereof) only and will not void the entirety of the Agreement.

10. Jurisdiction

10.1 Disputes under this Agreement are subject to the exclusive jurisdiction of the laws of England and Wales.

10.2 Disputes shall be addressed in a private hearing before a single arbitrator whose decision shall be final. That arbitrator shall be an independent legal professional chosen by you from a list of three people shortlisted by the Company. For avoidance of doubt none of these arbitrators shall be in the employ of the Company and must be chosen in good faith from unconnected third-party arbitration practitioners.

11. Unconditional Agreement

11.1 You hereby unreservedly and unconditionally agree to all of the terms of this Agreement.