Terms & Conditions

Terms and Conditions

These Terms of Use (the "Terms of Use") constitute an electronic agreement between you (hereinafter, "you", "your" or the "User") and Uniper Care, Inc. (together with any affiliates thereof, hereinafter, the "Company", "Uniper", "we", "us" or "our").

It is important that you read these Terms of Use and the Privacy Policy carefully before using our Service (as defined below). The Terms of Use and the Privacy Policy constitute a binding agreement between you and Uniper and explain your and Uniper's respective rights and obligations in respect of your use of the Service. By agreeing to install and use our Service, you acknowledge that you have read and understood these Terms of Use and Privacy Policy and agree to be bound thereby. The Privacy Policy constitutes an integral part of these Terms of Use and any references to the Terms of Use shall include the Privacy Policy by implication.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE, PLEASE DO NOT INSTALL OR USE OUR SERVICE.

1. Introduction

1.1. Uniper has designed an innovative system that enables consumers to live an active and healthy social life, relieve loneliness and boredom, all through an interactive technology-enabled service (the "Service") offered by means of a combination of certain equipment and software, which can be available on any network or device, including TV sets, desktops, smartphones or tablets (each, a "Device"). The Service is personalized and includes access to a rich content library, full of live and interactive activities, as well as video-on-demand and other interactive features and programs (collectively, the "Content").

1.2. By using the Service, you confirm that you have the adequate legal capacity to enter into these Terms of Use and to form a binding agreement under the laws of the applicable jurisdiction in which you are located, and that you will use the Service only for lawful purposes and in accordance with these Terms of Use. You also agree and confirm that any information that you provide to us through or in connection with the use of the Service will be complete, accurate and current at all times.

2. Changes to These Terms of Use

These Terms of Use will also be available on the Company's website -https://www.unipercare.com/ or through its application (the "Website" and the "Application", respectively) Any updates to these Terms of Use will also be published on the Website and the Application and will generally become effective as of the date of posting, unless otherwise specifically stated by Uniper. If we make any material changes to these Terms of Use, we will inform you as applicable under the circumstances (e.g. by posting a notice in a prominent place on the Website and the Application, and/or by sending an e-mail to the most up-to-date e-mail address we have in our system). Your continued use of the Service following the implementation of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Service going forward. You are encouraged to revisit these Terms of Use frequently in order to be fully apprised of your rights and obligations in connection with your use of the Service. If you do not agree to any changes that have been made to these Terms of Use, you should discontinue the use of the Service immediately, although we also encourage you to contact us at the contact information provided in these Terms of Use in order to address your concerns.

3. Using our Service; Your Account; Installation of Equipment

If you are reading these Terms of Use, then you are either an existing User or a potential User interested in using the Service. In the latter case, you may fill in your contact details through the Website or the Application and one of our representatives will contact you to coordinate the installation of the Service on an applicable Device(s).

Upon registration for the Service, you will be asked to submit certain information (name, contact details, and other information that may be pertinent to your use of the Service) which will be used to open your account with us (the "Account"). To this end, you may also need to create a username and password, which will enable you to access your Account. You agree: (a) to keep your password secure and confidential; (b) Not to permit others to use your Account; (c) Not to transfer or assign your Account's password to a third party; (d) that you are solely responsible for actions taken in your Account, and that we will not be liable for any loss or damage arising from any unauthorized use of your Account or any other breach of security relating to the Account. On becoming aware of any unauthorized use and/or breach of your Account, you undertake to notify us immediately and without delay at the contact details provided in these Terms of Use or available on the Website or Application.

Upon request, Uniper can assist you to procure appropriate Internet connection. However, such Internet connection will be provided by a third party which is not controlled by Uniper and therefore in this case Uniper will not be liable for any Internet malfunction or any inability to use the Service due to lack of Internet connectivity, and any inquiry and/or claim regarding the above should be addressed directly to such third party providing the Internet connection.

As part of the Service, Uniper will provide you with certain equipment required for connectivity of the Service through your Device, such as a dedicated player, a camera and a controller or any other equipment required for use of the Service (collectively, the "Equipment").

You are responsible for using any provided Equipment with due care and solely in accordance with the instructions provided by Uniper in accompanying documentation (the "Manuals"). If you are experiencing problems with the Equipment, you should always call our support call center at the contact details provided on the Website or through the Application and never attempt to fix, change the technical settings (except in accordance with the Manuals), or otherwise meddle with the Equipment without our assistance. Uniper will not be liable for, and the manufacturer's Equipment warranty will not apply, in case of use of the Equipment in a negligent, irresponsible manner or in any way that is not in accordance with the Manuals, and in such case the User will be responsible for all costs and expenses associated with repair and replacement of such Equipment.

For existing Users, Uniper has a call center available for support and warranty services. Warranty for the Equipment will be provided back-to-back with the manufacturers warranty, including all the applicable warranty limitations. If you have any questions concerning the warranty for your specific Equipment, please do not hesitate to contact our call center for questions at the contact details available on our Website or Application.

Uniper or its representatives may, at reasonable times during pre-arranged normal business hours enter the premises where the Equipment is located to inspect the condition and operation of the Equipment.

Upon termination of the Service for any reason (as described in Section 9 below), one of our representatives will contact you to arrange a time to uninstall and return the Equipment.

4. Restrictions on Use of the Service

The access granted to you to use the Service, the Content and the Equipment is subject to your compliance with the following restrictions:

• not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Service, Content, or any part of the foregoing, in any way, nor to publicly display, perform, transmit or distribute any of the above without our prior written express consent;
• not to act in a manner which is and/or might be perceived as damaging to Uniper's reputation and goodwill or which may bring Uniper into disrepute or harm;
• not to impersonate any person or entity or provide false information in connection with the Service, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any material or information you submit to Uniper or other users of the Service;
• not to upload or transmit to the Website or the Application any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
• not to perform any intentional action that results in the disruption of the Service, or that involves tampering with, or attempting to probe, scan, or test for vulnerabilities in the Service or Uniper's systems;
• not to sell, license, or exploit for any commercial purposes any use of or access to any Content, except as may be expressly permitted by Uniper in writing;
• not to remove or alter any copyright Notices, watermarks, restrictions and signs indicating proprietary rights of Uniper or any of our licensors, including copyright marks [©], creative commons [(cc)] indicators, or trademark signs [® or ™] contained in or accompanying any Content;
• not violate, attempt to violate, or otherwise fail to comply with these Terms of Use or any laws or requirements applicable to your use of the Service.

5. Ownership and Intellectual Property Rights

All rights, title and interest in and to the Service, the Content, the Equipment, the Website and the Application, including any and all copyrightable materials or any other content which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Website, the Application and any Content, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, domains, trademarks, service marks, trade names, logos and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, the "Intellectual Property"), and any derivations thereof are owned by and/or licensed to Uniper.

These Terms of Use do not convey any right or interest in or to Uniper's Intellectual Property (or any part thereof), except for the limited, non-exclusive, non-transferable and non-assignable right to use the Service, the Content, the Equipment, the Website and the Application subject to the provisions of these Terms of Use for your personal, non-commercial use.

Uniper's Equipment, any software embedded therein, and Content are not sold or transferred to you, and the Company and its licensors continue to retain ownership of all of the above after installation on your Devices.

6. Third Party Services

To the extent that the Service may include or interact with any equipment, devices or services provided by any third party ("Third Party Services"), you hereby agree and acknowledge that such Third Party Services may come with their own terms and conditions of use, and that Uniper does not endorse and shall not be liable with respect to such Third Party Services, and that you will review the terms and conditions of such Third Party Services, where applicable, and abide by their terms. Any use of Third Party Services is done at your sole risk and responsibility.

7. User Contributed Content

7.1. Users may post, upload, submit or otherwise contribute content to the Service, whether in the form of User reviews, feedback, opinions, texts, pictures, audio or video messages, chat and other posts or information ("User Content"). By posting User Content through or in connection with the Service, you hereby acknowledge and agree that you are the rightful owner of all the necessary rights and authority (including intellectual property rights) that permit you to post such User Content. Further, by posting the User Content through the Service you are deemed to have granted us an irrevocable, free of charge, sub-licensable, worldwide, non-exclusive, perpetual, transferable and assignable right to do any of the following at our sole discretion: access, download, copy, modify, edit, translate, monitor, delete, reproduce, distribute, display, perform and otherwise use and make available to the public the User Content, and any part thereof during the term hereof and at any time thereafter. You will have no right to object to or make any claims against any actions we take as stated above.

7.2. Without derogating from the above, you are solely responsible for all User Content posted by you through the Service, the Website or the Application. In addition to other restrictions contained in these Terms of Use, you may not use the Service or upload any User Content in a manner which:

• infringes the right of any third party, including privacy, publicity and/or intellectual property rights;
• may be deemed, in our sole discretion, offensive, threatening, abusive, harassing, defamatory, pornographic, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
• promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy;
• impersonates any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or uses any fraudulent, misleading or inaccurate contact information;
• restricts, inhibits or impedes any other person from using the Service, including, without limitation, by means of defacing or impeding any portion of the Website, the Application or the Content;
• involves the distribution of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar items;
• disseminates any code malicious to computers and networks (including adware, spyware, worms, etc.); or,
• may be deemed as commercial or promotional content, or any content which advertises, markets and/or promotes any third party material, content, product, service and/or brand, without Uniper's express prior written consent.

We reserve the right to monitor, review or remove any infringing, unlawful, inappropriate or otherwise objectionable User Content at our sole and absolute discretion and without prior notice to any User. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any User Content contributed by another User has been posted in violation of copyright laws, please submit your requests to info@unipercare.com

Without derogating from the foregoing, Uniper is under no obligation to monitor interaction between the Users through the Service, and any such interaction between the Users (whether through posting of User Content or otherwise) shall be at your own discretion and risk.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST UNIPER RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD UNIPER AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

8. Our Right to Use Feedback and User Content

In consideration for the rights granted to you to use the Service, you grant us the right to use any User Content or any feedback, ideas or suggestions regarding the Service or Content ("Feedback") posted or otherwise provided by you through the Service for Uniper's internal business purposes, including, among other things, in Uniper's marketing and advertising materials. You understand and agree that any such User Content and Feedback is not confidential, and you assign all intellectual property and other rights in such User Content and Feedback to Uniper; that you will not have the right to approve the final product; and that such User Content and Feedback shall remain the property of Uniper. You understand and agree that you will not receive any financial compensation if your User Content or Feedback is used for the purposes described in this section.

9. Term and Termination

These Terms of Use will continue in force for as long as you are using the Services or any part thereof. Uniper may terminate these Terms of Use or suspend your access to the Service at any time, including in the event of your actual or suspected breach of or non-compliance with any provisions of these Terms of Use. You are also entitled to terminate your use of the Service at any time, by notifying us or the applicable care partner. In the event of termination of these Terms of Use by Uniper due to discontinuation of Services for any reason, we will provide you with advance notice of such termination, as reasonable under the circumstances.

For the avoidance of doubt, these Terms of Use will continue to apply for as long as you continue to be in possession of the Equipment and have access to the Services. Any provisions of these Terms of Use that, either explicitly or by their nature, must remain in effect even after you discontinue use of the Services, shall survive termination (including, without limitation, Sections 5, 8, 10, 11, 12, 13, 15 and 16).

10. Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT, EXCEPT FOR THE SPECIFIC WARRANTIES THAT MAY BE CONTAINED HEREIN, THE SERVICE, THE CONTENT, THE EQUIPMENT, AND ANY ACCESS TO IT THROUGH THE WEBSITE OR THE APPLICATION IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS, AND UNIPER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND EXPRESSLY EXCLUDE ANY WARRANTY THAT THE SERVICE OR THE CONTENT OFFERED TO YOU WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY CONTENT, THIRD PARTY SERVICES AND/OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, THE APPLICATION OR OTHERWISE IN CONNECTION WITH THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE INSTALLATION OF THE EQUIPMENT ON YOUR DEVICES, OR USE OF ANY CONTENT THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, THE APPLICATION, OR OTHERWISE IN CONNECTION WITH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THIS SECTION DOES NOT AFFECT ANY STATUTORY REMEDIES THAT MAY BE AVAILABLE TO YOU AS A CONSUMER IN YOUR APPLICABLE JURISDICTION.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SAVE FOR Uniper's FRAUDULENT ACTIONS OR OTHER LIMITATIONS PRESCRIBED BY APPLICABLE LAW, UNIPER AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS DISLAIM ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING ANY DAMAGES RESULTING FROM: (A) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICE; (E) THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE; (F) EVENTS BEYOND THE REASONABLE CONTROL OF UNIPER, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, CYBER ATTACKS, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, EPIDEMICS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (G) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE OF THE SERVICE, THE CONTENT, THE EQUIPMENT, THE WEBSITE OR THE APPLICATION.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

12. Indemnification

You agree to indemnify and hold Uniper, its affiliates, officers, directors, shareholders, employees and agents harmless from and against all claims, damages, obligations, losses, liabilities, costs and expenses of any kind (including reasonable attorney's fees and costs) arising from: (1) your violation of these Terms of Use; (2) any User Content posted or contributed by you; (3) any activity in which you engage on or through the Service; and (4) your violation of any laws or the rights of third parties.

13. Disclaimer Regarding Medical Information Available Through the Service

MATERIALS OF MEDICAL NATURE PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE (INCLUDING ANY MEDICAL TOOLS INCLUDED IN THE SERVICES, SUCH AS TOOLS INTENDED TO SERVE AS REMINDERS TO TAKE MEDICATION, FOR EXAMPLE) ARE PROVIDED FOR THE USER'S GENERAL INFORMATION AND CONVENIENCE PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, AND/OR TREAT ANY ILLNESS, NOR DOES THE COMPANY ENDORSE ANY PARTICULAR SERVICE AND/OR PRODUCT OR GUARANTEE ANY PARTICULAR RESULTS. YOU SHOULD ALWAYS SEEK ADVICE OF A LICENSED MEDICAL PRACTITIONER PRIOR TO UNDERTAKING ANY COURSE OF TREATMENT OR EXERCISE PROGRAM. THE COMPANY SHALL NOT BE LIABLE FOR ANY USE OF OR RELIANCE BY THE USER ON THE TOOLS, INFORMATION OR OTHER MATERIALS OF MEDICAL NATURE PROVIDED THROUGH THE SERVICE.

14. Assignment

These Terms of Use are personal to you, and are not assignable or otherwise transferable by you, except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

15. Governing Law / Jurisdiction

These Terms of Use and any disputes arising hereunder are governed by, construed and interpreted in accordance with the laws of the State of Delaware, United States of America, without regard to conflicts of law principles. Any action seeking legal or equitable relief arising out of or relating to these Terms of Use will be brought only in the courts located in the State of Delaware.

16. General Terms

Other than as expressly set forth herein or as may be agreed in writing between you and us, these Terms of Use (including the Privacy Policy) comprise the entire agreement between you and Uniper with respect to your use of the Service, the Content, the Equipment, the Website and the Application, and supersede all prior or contemporaneous communications and understandings (whether oral, written or electronic) between you and Uniper in connection with the use of the Service, the Content, the Equipment, the Website and the Application.

If any provision of these Terms of Use and/or the Privacy Policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use and Privacy Policy will otherwise remain in full force and effect and enforceable to the maximum extent permitted by law. The failure of Uniper to exercise any right provided for herein shall not be deemed a continued waiver of those or any other rights available to it under these Terms of Use or at law.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. Any use of terms such as "including", "for example" or "such as" in these Terms of Use shall be read as being followed by "without limitation" where appropriate.

17. Contact Details and Customer Support

If you have any questions concerning the Service or any provision of these Terms of Use, please feel free to reach out by contacting our customer support center at 1-888-471-7623 or support@unipercare.com. Customer support services are available during 10am to 8pm EST. We go to great lengths to ensure smooth and prompt customer support service, but please allow reasonable time for responses to your queries, which we will do our best to prioritize according to the time submitted, level of urgency, and other relevant criteria.

We hope you enjoy the experience of using our Services!

Privacy Policy

This privacy policy (“Privacy Policy”) governs the data collection, processing, and usage made by Uniper Care, Inc. (“Company”, “Uniper Care”, “we” or “us”) with respect to the data we collect from individuals who access and use our website (respectively “Website” and “Visitors” or “you”).

This Privacy Policy constitutes an integral part of the Website Terms and Conditions (together “Terms”), and provides you with information regarding our processing operation, the lawful basis pursuant to which we process your Personal Data (as defined below), third parties to whom Personal Data will be transferred, data retention periods, as well as how you may exercise your rights, among others, and where applicable ,as required according to the EU General Data Protection Regulation(“GDPR”) and the California Consumer Privacy Act (“CCPA”). Definitions used herein but not defined herein shall have the meaning ascribed to them in the Terms.

You are not required by law to provide us with any Personal Data. Sharing Personal Data with us is entirely voluntary. However, in some cases, without providing your data we would not be able to provide you with all or some of our Services.

1)      AMENDMENTS

We reserve the right to periodically amend or revise the Privacy Policy, which will immediately affect the implementation of the revised Privacy Policy on our Website. The last revision date will be reflected in the “Last Modified” heading located at the top of the Privacy Policy. We will make a reasonable effort to notify you if we implement any changes that substantially change our privacy practices. We recommend that you review this Privacy Policy periodically to ensure that you understand our privacy practices and to check for any amendments.

2)      WHO ARE WE AND OUR EU REPRESENTATIVE

We are Uniper Care Inc.‍

4136 Del Rey Avenue, Suite 512
Marina del Rey, CA 90292, USA
+1 (951) 897-7270

administration@uniper-care.com

Our EU representative is:

Jouni Mäkipää
Address: Hatanpäänkatu 1 5, 832, 33900 Tampere, Finland
Tel.: +358 40 901 5800 e-mail. jouni.makipaa@smartgroup.fi

Under the GDPR, we are the data controller of the data collected from our website.

If you have any questions or comments about this Privacy Policy, or any concerns with respect to how your privacy any information are handled, please contact our privacy team through the contact details above.

3)      WHICH DATA DO WE COLLECT AND FOR WHAT PURPOSE?  

“Non-Personal Data” means non-identifiable, including statistical and aggregated data, that is mainly technical data which is transmitted to us by your device when you access and interact with the Company Services. Such data includes the type of browser, type of operation system, type of device used, the time and date you access the Company Services, navigation, language preference, etc. Non-Personal Data issued mainly for technical analysis of the Company’s services activity in order to provide, maintain, develop and enhance it, and is not used to identify individuals. Under this Privacy Policy, we can use any aggregated, statistical, and such de-identified data, which can no longer be associated with any individual with no limitation. That, even if such anonymized data was derived from Personal Data. Such data may be included in our proprietary information and does not deem as Personal Data under the law.

“Personal Data”: means, information which identifies or may identify, with reasonable effort, an individual. Such data includes, inter alia, your name, address, phone number, billing information and online identifiers (such as IP address or Cookie ID).

Please see below the table which specifies the Personal Data sets we collect and how we use it:

a.      Contact Us

If you voluntarily contact us for your interest in our products, for support, or for other inquiries, including through the use of any form on the Company Website(e.g., “Contact,” “Help Chat,” or “Help Center”) you may be required to provide us with certain information such as your name, email address, referral subject(“Contact Information”). If you are interested in leaving a comment on the “Help Center” page, you will be required to register with our website.
If you are contacting us on behalf of another person, we value your assistance and care for others, please note that it is your responsibility to make sure that any person whose Personal Data you provide is aware of the principles of this statement and agrees that you will provide Personal Data to us on this basis.

PURPOSE AND OPERATIONS

We will use this data to respond to your inquiry or provide you with information regarding our services. We may process the content of our correspondence with you to improve our customer service, and in the event, we believe it is required to provide you with any further assistance (if applicable).

We will store your data, including in any of our data systems such as CRM, analyze it, provide access to our relevant staff members, and keep record of our correspondence with you.  

 LAWFUL BASIS

We process such Contact Information subject to our legitimate interest to respond to your inquiry and as part of our marketing efforts.

If you are an actual customer of our services contacting us for support or any similar inquiry, we will process your data for the fulfillment of the contract between us – providing you with our services. After addressing your inquiry, we may retain your data in our systems, as part of our business records keeping under our legitimate interest.

b.      Subscribing to our Mailing lists

In the event you sign up to receive our newsletter or other marketing materials ("Marketing Materials"), you will be requested to provide your contact details, such as email address.

PURPOSE AND OPERATIONS

We will use your email to send you our newsletter and other Marketing Materials.

We will store your data, in any of our data systems such as CRM, analyze it, provide access to our relevant staff members, and keep record of our correspondence with you.  

LAWFUL BASIS

We process such Marketing Materials subject to your consent. You may withdraw consent at any time through the “unsubscribe” link within the email or by contacting us directly.

c.       Recruitment Information

In the event you apply for a job, we will collect your CVs as uploaded by you and your name, email address, phone number and a photo (optional). Further, we may receive from third parties, such as recruiting agencies, information about candidates who are interested in working at Company Group. In such cases we rely on the agreements we have with the third parties for obtaining your information.

PURPOSE AND OPERATIONS

To process your job application and for recruitment purposes, and to enable us to comply with corporate governance and legal and regulatory requirements.

If you are hired by us, the Recruitment Information that you provide us may be used in connection with your employment and our corporate management.

We will keep your data including your CV, analyze it, store it in our systems, use the data or contacting you or for further recruitment stages (e.g., interview) and keep records of our interaction with you.

LAWFUL BASIS

We process such Recruitment Information subject to our legitimate interest.  

d.      Online Identifiers

We use third-party cookies on the Company Website, as further detailed below, these cookies provide us with analytic services as well as marketing services. The Personal Data processed is an online identifier, either a cookie agent, the IP address, etc.

PURPOSE AND OPERATIONS

To process your job application and for recruitment purposes, and to enable us to comply with corporate governance and legal and regulatory requirements.

If you are hired by us, the Recruitment Information that you provide us may be used in connection with your employment and our corporate management.

We will keep your data including your CV, analyze it, store it in our systems, use the data or contacting you or for further recruitment stages (e.g., interview) and keep records of our interaction with you.

LAWFUL BASIS

We will process such data subject to your consent through the Cookie Banner on our Website. For more information, see below “Cookies Usage”.

Please note that, the actual processing operation per each purpose of use and lawful basis detailed in above, may differ. Such processing operation usually includes set of operations, made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction. Transfer of personal data to third party countries as further detailed in the Data Transfer section is based on the same lawful basis as stipulated in the table above.

Additionally, we may record video meetings and\or activities offered through the Services, as facilitated by third-party video conference platforms (e.g., Zoom). While we will not record your video, if you choose to participate in the recorded activities, your audio may be captured, and collected as part of such recording. Before joining a recorded video session, we will notify you that the video is being recorded and request your consent.

In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of Our service, as well as to protect the security or integrity of our databases and Company Services, and to take precautions against legal liability. Such processing is based on out legitimate interests.

4)     COOKIES USAGE

We use cookies to improve your experience while you use the Company Services. We may use various types of Cookies:

·    Essential Cookies – which are necessary for the Company Website to work properly (usually appears under our name/cookie tag);

·    Functional Cookies –designated to save your settings on the Company Website - your language preference or other view preferences (also, under our name/cookie tag);

·    Session Cookies – used to support the Company Website's functionality – such Cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser.

·    Targeting Cookies - these cookies are used to collect information from you to help us improve our services and Company Services and serve you with targeted advertisements that we believe will be relevant to you (e.g., Google’s Cookies).

·    Social networks Cookies -Social Plug-In Cookies (e.g., Facebook, Twitter, LinkedIn Cookies, or pixels, etc.) enable sharing your usage information with your social network’s accounts.

·    Analytics Cookies - give us aggregated and statistical information to improve the Company Services and further developing it e.g., Google analytics, Google Firebase Catalytic, etc.

·    Third-party services used by us – for example, an external service supporting our recruiting options through the Company Website (e.g., Comet or Workday), or an external service which allows us to screen short videos on the Website (e.g., YouTube or Vimeo).

Please note that the data collected by the use of Cookies may be linked to and combined with any other data, including Personal Data.

In addition, Cookie’s data is usually collected through the use of third-party services, like Google, Facebook, etc. In those cases, your Personal Data might be transferred to those third parties, which might link it and use it together with other information they have on you from other sources. Such data is “owned” and processed separately by those third-parties under their terms and conditions and the direct accounts or subscriptions you have with those third parties. For example, suppose you have a Facebook account, the Personal Data collected through Facebook’s Cookies on the Company Website might be linked to other data that Facebook collects from you as a Facebook user, and might be used by Facebook per the independent agreements between you and Facebook.

The specific cookies we currently use and your choices with regard to such use are detailed at the website, by clicking on the lock icon near the URL field.

5)      HOW DO WE COLLECT YOUR INFORMATION

According to the nature of your interaction with Company Services, we may collect information as follows:

·    Provided by you voluntarily – we will collect information if and when you choose to provide us with information, such as filing any contact form. 

·    Automatically – we may use cookies and similar tracking technologies (as elaborated in the Cookies Section above) to gather some information automatically when you access the Company Website.

·    Provided to us by third parties – as part of our digital marketing efforts as described hereunder.  

6)      DATA SHARING – CATEGORIES OF RECIPIENTS WE SHAREPERSONAL DATA WITH

We do not share any Personal Data collected from you with third parties or any of our partners except in the following events:

·    Legal Requirement: We will share your information in this situation only if we are required to do so to comply with any applicable law, regulation, legal process, or governmental request (e.g.- to comply with a court injunction, comply with tax authorities, etc.);

·    Our Business Partners: our partners and business affiliates with whom you are also engaged for using our services (such as Medicare, Medicaid, Veterans’ Affairs, HMOs, national and local government agencies which referred you to our services);

·    Policy Enforcement: We will share your information, solely to the extent needed to (i) enforce our policies and agreements; or (ii)to investigate any potential violations thereof, including without limitations, detect, prevent, or take action regarding illegal activities or other wrongdoings, suspected fraud or security issues;

·    Company’s Rights: We will share your information to establish or exercise our rights, to prevent harm to our rights, property, or safety, and to defend ourselves against legal claims, when necessary, subject to applicable law;

·    Third Party Rights: We will share your information, solely to the extent needed to prevent harm to the rights of our customers, yourself, or any third party’s rights, property, or safety;

·    Service Providers: we share your information with third parties that perform services on our behalf (e.g. customer service, tracking cookies, servers, service functionality, marketing, and support, etc.)these third parties may be located in different jurisdictions.

·    Corporate Transaction: we may share your information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy;

·    Authorized Disclosures: we may disclose your information to third parties when you consent to a particular disclosure. Please note that once we share your information with another company, that information becomes subject to the other company’s privacy practices.

Where we share information with service providers and partners, we ensure they only have access to such information that is strictly necessary in order for us to provide the services. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only, while ensuring compliance with all applicable data protection regulations.

7)      DATA TRANSFERS

Any information you provide us may be transferred to and processed in countries other than the country from which you accessed the Company Services. If you are a resident of the European Economic Area ("EEA") we will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer outside of the EEA. If you are a resident of a jurisdiction where the transferring of your Personal Data requires your consent, then your consent to this Privacy Policy includes your express consent for such data transfer.

8)      YOUR RIGHTS

Individuals have certain rights under applicable privacy laws with regards to their Personal Data. Subject to your jurisdiction (and additional conditions), these rights may include might include:

·    The right to be informed –you have the right to be provided with information regarding our data collection and privacy practices, as detailed in this Policy. If you have any additional question, please contact us.

·    The right to access your Personal Data – you have the right to request a confirmation from us that we process your Personal Data, and in some cases, be provided with a copy of the Personal Data we process.

·    The right of rectification - you have the right to require to update Personal Data which is not correct;

·    The right to the erasure of your Personal Data – you have the right to require the erasure of certain Personal Data if specific conditions are satisfied. This right is not absolute. We may reject your request under certain circumstances, including where we must retain the data in order to comply with legal obligations or defend against legal claims, etc.;

·    The right to restrict the processing of your Personal Data – you may be entitled to limit the purposes for which we process your Personal Data if specific conditions are satisfied;

·    The right to object to the processing of your Personal Data – you have the right to object to the processing of Personal Data, in the event the basis for processing is our legitimate interests, however, we will be permitted to continue the processing if our legitimate interests override your rights, or when processing is necessary to establish, exercise or defend a legal claim or right, etc.;

·    Data portability – you have the right to have your Personal Data "port" to a third-party;

·    The right to file a complaint to a supervisory authority – specifically, with regards to Personal Data collected about you in the EEA or UK, please contact the applicable EU Data Protection Authority.

·    The right to withdraw your consent – when the lawful basis for the processing of your Personal Data is your consent. For example, you may unsubscribe at any time from our mailing list.

·    Right to Non-Discrimination – California residents have the right to equal treatment requires that all persons be treated equally before the law, without discrimination.

·    Rights to submit a “Do not sell” request - California residents have the right to opt-out of our sale of their personal information. Please note that we do not sell your personal information.

You may exercise any or all of your above rights in relation to your Personal Data by contacting us by send you Data Subject Request to  meir@uniper-care.com.

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority (in the event you are EEA resident). We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.

9)      RETENTION

In general, we retain the Personal Data we collect for as long as it remains necessary for the purposes set forth above, all under the applicable regulation, or until you will express your preference to opt-out, where applicable.

The criteria used by us to determine our retention periods are as follows:

·      We retain Personal Data for the periods needed in order to achieve the purpose for which Personal Data was collected

·      We retain Personal Data for the periods needed in order to comply with our obligations under applicable laws.

·      If you have a dispute with us, we may retain certain types of Personal Data as necessary and applicable to your claims, including any legal proceedings between us, until such dispute was resolved, and following, if we find it necessary, in accordance with applicable statutory limitation periods. In addition, in the event you request to exercise your rights, we will maintain the applicable correspondence for as long as needed to demonstrate compliance.

We may at our sole discretion, rectify or erase information from our systems, without prior notice to you, once we deem it is no longer necessary for such purposes.

10)  SECURITY

We implement extensive security measures to reduce the risks of damage, loss of information and unauthorized access or misuse of Personal Data. We implement appropriate data collection, storage and processing practices and security tools to protect personal data against unauthorized access, alteration, disclosure or destruction. You should be aware that no security measures are completely fail-proof, and it is impossible to prevent any and all threats to the security of data and systems. Therefore, you should be aware that any processing of digital Personal Data holds certain inherent risks, and we cannot guarantee that our services and databases will be immune to any wrongdoings, malfunctions, unauthorized interceptions or access, malware attacks or other kinds of abuse and misuse.

11)  CHILDREN

Our website is not directed nor is it intended for use by children under the age of sixteen (16) and we do not knowingly process a child’s information. We will immediately discard any information that we receive from a visitor that is considered a child upon our discovery that such a visitor shared information with us. If you are under the age of eighteen(18), please be sure to read the terms of this Policy carefully with your parents or other legal guardians. Please contact us through the above means of contact if you have reason to believe that a child has shared any information with us.

12)  Notice to California Consumers

If you are a California resident, please review this section carefully, as it contains information regarding privacy rights you may have in connection with your Personal Information under applicable law, including the California Consumer Privacy Act (CCPA).

Disclosures Related to Your Personal Information.

We describe the categories of Personal Information that we collect about you, and the sources from which we collect such Personal Information, in greater detail in Section 3 above (“Information We Collect”). The categories of Personal Information we have collected about you, including in the past 12 months are:

• Identifiers: such as your name, email address, contact information, Account login credentials, and IP address
• Demographic information: such as your age and language preferences
• Commercial information: such as your purchases and engagement with our Service
• Internet and electronic network activity information: such as your Device information, browsing history, and other interactions with our Service, Website and/or Application
• Audio, visual, and other electronic information: such as audio or visual streaming information
• Geolocation information
• Health-related information: such as information related to your past, present, and future health status
• Information regarding your preferences
• We collect your Personal Information for the purposes described in Section 4 above (“How We Use Information We Collect”).
• We have shared your Personal Information as described in Section 5 above (“Sharing Information with Third Parties”).
• We do not sell your Personal Information.

The Right to Know. You have the right to request to know: (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months;(iii) the categories of sources from which your Personal Information was collected; (iv) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purposes for collecting and disclosing your Personal Information.

The Right to Request Deletion. You have the right to request that we delete the Personal Information we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

The Right to Opt-Out of the Sale of Personal Information. You have the right to opt-out of the sale of Personal Information, but we do not sell your Personal Information.

How to Exercise Your CCPA Rights. You may exercise your Right to Know and Right to Request Deletion twice a year, free of charge. To exercise your Right to Know and Right to Request Deletion, contact us at 1-888-471-7623 or email us atsupport@unipercare.com with the subject line “CCPA Privacy Request”.

We will take steps to verify your identity before processing your request. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an Account with us, we may use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

13)  Contact Us

If you have any questions or queries about our Privacy Policy or your Personal Information that we may have collected, contact us by e-mail at the following address: info@unipercare.com.

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