Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Forkist mobile application (the "Service") operated by Tummy, LLC (dba Forkist, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Information about personal data we collect
When you register for Tummy LLC’s Services, we collect personal data from you such as: your email address, first and last name and location information.
In an ongoing effort to improve our Services, additional personal data may be collected from you. In such cases, we will notify you when the personal data collection takes place.
Our use of your personal data
Data processing necessary to provide the Services
As a part of offering the Services to you we process your personal data that you provide us with at the time of registration, such as:
First and last name
Device identifier, i.e. information on what device, IP-address etc you use to register and log on to the Services
If you connect to the Services using a Third-Party Application (e.g., Facebook) Tummy will collect and use your personal information from such Third Party Applications such as your username, name and email address, data that you choose to synchronize with Tummy’s services.
Some of the data mentioned above, collected from you and processed by Tummy for certain features of the Services, is possible for us to delete and cease processing for the future if you so require, without you having to terminate your use of the entire service, i.e., not all data (submitted over time by you to us either directly or through third-party services) is required for you to still be able to use the service. If you want us to cease processing certain data about you under this category, send us an email at email@example.com
. To continue using the services provided through our mobile application you will need to login as guest.
Customer relationship as a legal ground
It should be noted that marketing sent by Tummy to you on the basis of a customer relationship as a legal ground for processing personal data, does not require a consent. Such data will be processed and used in compliance with relevant personal data regulation.
Marketing - Data processing based on consent as the legal ground
You hereby consent to Tummy using all your personal data for profiling and marketing purposes via emails, notifications, or other messages, by Tummy or Tummy’s selected business partners. Profiling will be used for marketing purposes to enable personalized and relevant offers to you, based on your preferences.
Marketing will only be sent to you by Tummy; no personal data will be transferred to third parties for marketing purposes (other than possibly to service providers on assignment by Tummy, however these providers do not have any rights to use the data for any other purposes than to what they have been assigned to, on behalf of Tummy).
Opt-out from marketing
In case you do not want Tummy to use your personal data for the purpose of marketing, you may at any time opt-out from receiving any further messages by clicking the "unsubscribe" link at the bottom of such a message, or by using such opt-out features as are available in the app settings in the Services.
Rectification of personal data
You have the right to request access to and rectification or erasure of your personal data processed by Tummy. If a request for rectification concerns data that is necessary for Tummy to offer the Services, such requests will have the effect that your account will be terminated at Tummy.
If you wish to exercise this right, please contact us at firstname.lastname@example.org
Transfer of data
Personal data collected from you may be shared with third-party providers of Tummy that process personal data on behalf of Tummy; such as server hosting providers, data storage providers, companies carrying out system and sales performance monitoring, customer support systems- and payment service providers. These service providers will be considered processors of your personal data.
At times, some of your personal data by may be transferred and processed to processors, as described above, that are established in the United States or other countries (some of which will be outside the EEA). Tummy will always apply safeguards to protect your personal data from unauthorized disclosure. We may also transfer your personal data in the event that our business (or part of it) is sold, for instance as part of a merger or acquisition. In case of transfer of data to third parties that are outside of the EU or EEA and that do not offer an adequate level of data protection, Tummy will apply the EU Commission’s model clauses and/or binding corporate rules, or similar instruments/mechanism, for the safeguarding of integrity and security.
In no event does Tummy transfer personal data to third parties with the right for such parties to use the data other than on behalf of Tummy.
Tummy may further disclose your personal data in order to comply with a legal or regulatory obligation, if we reasonably believe that this is required by law, regulation or other legislation, or in order to protect and defend Tummy, our business partners or users’ rights and interests, subject always to relevant applicable personal data regulation.
You have the right to receive your personal data which you have provided to Tummy, in accordance with relevant personal data regulation, provided that such request does not adversely affect the rights and freedoms of others.
If you have any questions or complaints about our processing of your personal data, you are welcome to contact us at email@example.com
Security of the personal data we process
The security and integrity of your personal data are important to us. In addition to complying with applicable relevant personal data regulation, we use accepted industry standards, technologies, and procedures, such as firewalls, security software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. However, no system can be 100% secure, and despite our efforts, there is always a risk of unauthorized access to your personal data. By using our Services, you assume this risk. We also urge you to use a unique and strong password to your user account on the Tummy services as well as to protect such password. You should further limit access to your computer and browser and log out after having used the Tummy Services.
We will communicate with you by email and notices posted on your mobile device. If you do not wish to receive notices on your mobile device, you can always turn off this service. Please be aware that if you unsubscribe from our mailing list you will still be receiving answers to your questions sent to our support but you will not be receiving promotional emails.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Tummy, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tummy, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Tummy, LLC.
Tummy, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tummy, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Tummy, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Tummy, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tummy, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org