Payment Terms

Last Update: June 28, 2022

Here are the terms (“Payment Terms”, “Terms”) that govern any payments you make or receive through our Site, www.inspectionally.com (the “Site”), which is owned by Inspectionally LLC (“Inspectionally”, “we”, or “us”) registered in the United States.

Please read the Payment Terms carefully prior to making or receiving payments through the Site. Making or receiving payments through the site on behalf of yourself or another person, party or entity, such as an employer or organization, means that you, and/or the person,party or entity, accept and agree to be bound by these Payment Terms. These Payment Terms supplement the Inspectionally Terms of Service available on the Site, with links on this page. 

Important    Terms

Inspectionally Balance is the total amount of money that you have ownership of, which is displayed in your Inspectionally account. This is money earned as Revenue as a Seller and/or returned payments for canceled orders if a Buyer.

Funds mean money.

Revenue is money earned by Sellers when they complete orders. Revenue can either be withdrawn or used for purchase on Inspectionally.

Payment Services Provider(s) are payment services providers serving Buyers and Sellers who use the Inspectionally platform. They charge Buyers for purchases and process withdrawals of funds by Sellers, including facilitating foreign exchange conversions to local currencies where applicable.    

Purchasing

In General

·         Buyers make payments to Inspectionally when they buy services from Sellers. Inspectionally collectsw money from Buyers on behalf of Sellers.  To collect payments from the Buyer on behalf of the Seller in order for the payments to be eventually transferred to Seller in the form of Revenue after order completion, and held in Seller’s Inspectionally Balance, Inspectionally partners with Payment Services Providers. Inspectionally’s Payment Service Providers perform all payment services with respect to fund collection when Buyers make payments.

·         For the purpose of accepting payments from Buyers when they purchase services from Sellers, Inspectionally serves in a limited way as the authorized payment collection agent of Sellers.

·         Buyers successfully fulfil their obligation to make payments for services they intend to purchase when such payments are received by Inspectionally or, as applicable, by Inspectionally’s Payment Service Providers. After a Buyer successfully makes a payment, Inspectionally, through the applicable Payment Service Provider, will remit the funds to the Seller in accordance with provisions in these Payment Terms.  

·         You are prohibited from circumventing, or attempting to circumvent, the payment methods offered by Inspectionally through Inspectionally.com or an application it offers through which payments can be made. You agree not to pay Sellers, or offer to pay Sellers, through other methods other than Inspectionally.com. If you are asked to pay a Seller outside of Inspectionally, you agree to report this to Customer Support.           

·         Any amount available in your Inspectionally Balance will be applied to the next purchase you make on Inspectionally.

·         Service fees are collected when you make a purchase and are displayed to you at the time of payment. Currently, the service fees are 5.5% of the purchase amount. If the purchase is under $50 or lower, we will apply an additional $2 fee.

·         You can make purchases using credit cards, debit cards, PayPal or amounts in your Inspectionally Balance.

·         Inspectionally will send you receipts for payments or invoices using any or all of these methods: by email, the Site or electronic files such PDF documents.

·         Payment Services Providers will collect payment-related information needed to process payments, facilitate withdrawals and guard against fraud. The payment information you supply to Payment Services Providers is not exposed to Inspectionally.

·         When you use a payment method, or provide payment information to purchase a service on Inspectionally, you represent and warrant that: (a) you have the authority, legally, or the permission, to use that payment method; (b) you are legally authorized to provide the entered information; (c) providing of the payment information does not violate any applicable law; and that (d) if you are an agent or employee of a person, company or organization that owns the payment method you are using, the person, company or organization has granted you the authorization to use the payment method for purchases on Inspectionally.

Currencies and Purchasing

·         When making payments, the currency you will pay in will be what is made available for payment in your country by our Payment Services Provider. This is likely to be in your local currency.

·         Regardless of in what currency you pay in, the cost of services offered by Sellers is always based on the US Dollar (USD). Any payment you make in whatever currency is based on the conversion of the USD cost to the local currency in use.

·         If paying in a currency other than the USD, there may be slight changes in the cost displayed in your local currency due to exchange rate fluctuations even when the value remains the same in USD.

Taxes

·         If, based on applicable laws, we are required to collect and withhold taxes on purchases, they will be added to the purchase amount paid by Buyers.

·         If, based on applicable laws, we are required to collect and withhold taxes on earnings, they will be deducted from revenue earned by Sellers.

·         Any taxes added or withdrawn will be displayed to the Buyer or Seller, as applicable.

·         Depending on applicable laws where they reside, Users have the responsibility to pay taxes such as income tax, VAT or GST.

Selling and Receiving Payments

In General

·         You earn 80% as revenue from the purchase amount of each service you sell and successfully complete. The amount you earn is credited to your account as Revenue.

·          Sellers are accredited after an order is completed. See Orders in Terms of Services.

·         If an order is canceled, a full or partial refund of the funds will be credited back to the Buyer’s Inspectionally Balance, depending on the reason for the cancellation.

·         Inspectionally enters into partnerships with Payment Services Providers in order to collect Buyers’ payments and transmit payments made by Buyers to Sellers. The Inspectionally Balance shows the funds held on behalf of the User (Sellers or Buyers alike). Our Payment Services Providers perform the functions related to the completion of the withdrawal of funds by Sellers from the Inspectionally platform.  

·         Sellers have the responsibility of paying any taxes that may apply to them, such as income tax, based on the laws that apply to them in the jurisdictions to which they are subject, such as city, state/province or country. By selling on Inspectionally, you represent and warrant that you are in compliance at all times with your tax obligations under the tax laws of the jurisdiction to which you are subject.

·         By selling on Inspectionally, which includes an agreement that Seller will receive payment through the platform, Seller appoints Inspectionally as Seller’s limited authorized payment collection agent for the sole purpose of accepting Buyer payments through, as applicable, its Payment Services Provider, and remitting received payments to Seller. As a Seller, you agree that payments made by a Buyer through Inspectionally for the purchase of your service shall be treated as payment made directly to you, the Seller. The obligation of the Buyer to make a payment for any service purchased on Inspectionally will be fulfilled when the payment made for the purchase of a service is received by Inspectionally or, as applicable, its Payment Services Provider; and Inspectionally, through its Payment Services Provider, assumes the responsibility of remitting the funds to the Seller through its Payment Services Provider based on the terms stated in these Payment Terms. If Inspectionally (through its Payment Services Provider) fails to remit any earned funds to Seller, the Seller will seek redress only from Inspectionally and never from the Buyer. Seller hereby agrees that Inspectionally may utilize, in part or as a whole, any information contained in these Terms in any manner it deems necessary.

Revenue Withdrawal

·         Withdrawing your revenue requires that you have an account with at least one of the Payment Service Providers that Inspectionally has partnered with listed below as withdrawal method options. Between the time when your funds become available and eligible for withdrawal, the Inspectionally Payment Services provider you have an account with is able to hold such funds on your behalf until you withdraw them finally into your bank account. Inspectionally’s Payment Services Providers provide all payment and withdrawal services.

·         You are permitted to have only one withdrawal method, offered by only one Payment Services Provider, linked to your Inspectionally account.

·         Your earned revenues become available for withdrawal following a safety waiting period of  between 7 and 14 days after the order is set as Completed, depending on the restriction rule applied by Inspectionally’s Payment Services Providers, and provided there are no disputes or chargebacks. However, where a problem arises, such as a dispute of a payment filed by the Buyer, the Payment Services Provider will release the payment in question for withdrawal when the problem is resolved.

·         Sellers can withdraw revenues that are eligible for withdrawal by navigating to the Revenues page and clicking on the button displaying the Payment Services Provider that Seller designated as the preferred withdrawal provider.

·         You can only withdraw the amount eligible for withdrawal at any point in time.

·         The withdrawal method you chose determines the fees associated with withdrawal.

·         When you initiate a withdrawal, the process cannot be reversed after it begins. You will not be able to undo a withdrawal.

·         Inspectionally may, for security reasons, temporarily disable the revenue withdrawal capability of a Seller as a guard against illicit or fraudulent activity. This may occur due to security concerns, the use of a single withdrawal for multiple Inspectionally accounts or behavior that violates our Terms either discovered by us or reported by other users.

·         Sometimes withdrawals may occur in currencies other than the U.S. Dollar. Inspectionally’s Payment Services Providers are responsible for any exchange rate conversions that occur for withdrawals from one currency to another. However, your Inspectionally Balance is based on the U.S. Dollar and currency withdrawn in is based on the U.S. Dollar equivalent. If withdrawing in a different currency, there may be slight changes in the value displayed in your local currency due to exchange rate fluctuations even when the value remains the same in USD.

·          If we disable your account, we may, for safety reasons, restrict your ability to immediately withdraw revenues to after 90 days from the date of the disabling. This enables us review the reasons for the disabling and perform other needed verifications.

Withdrawal Methods

·         PayPal (Inspectionally is currently working to have PayPal as its Payment Services Provider, but you can still receive revenue payment to through PayPal).

·         Direct Deposit to your bank account (ACH) – available only in the US. There is a $1 fee charged for each transfer.

Disputes and Order Cancellations

Buyers and Sellers are encouraged to resolve conflicts using the Dispute Resolution Center available on Inspectionally. If unable to resolve a conflict, or the other party is violating our Terms, you can reach Inspectionally Customer Support for help here.

In General

·         Buyers can use the Inspectionally Resolution Center to cancel orders based on the Order Cancellation Terms (see the Order Cancellation section on this page).

·         If an order is canceled, the funds paid by the Buyer will be returned to the Buyer’s Inspectionally Balance in part or in full, depending on the applicable Order Cancellation Terms stated in the Payment Terms (see the Order Cancellations Terms section of this page). 

·         When a transaction is suspected to be fraudulent, Inspectionally reserves the right to place the funds on hold through its Payment Services Provider. We also reserve the right to cancel the order.

·         For orders in which intellectual property rights are included in the finished product, the rights will not be assigned or transferred to the Buyers until the order is paid for in full. Buyers are not authorized to use any delivery from the Sellers if, for any reason, the order is canceled.

·         Filing a dispute with your bank or payment provider, or reversing a transaction made on Inspectionally, is a violation of our Payment Terms, which may result in a temporary or permanent disabling of your account. Any such filing or reversal renders the transaction no longer eligible for a refund.

·         We encourage you to use the Dispute Resolution center to resolve issues about the service your Seller provided you. You agree to make a good faith effort to do so.

·         Revisions may, or may not, be available for a delivered service, depending on whether the Seller offers revisions for the service in question and, where revision(s) is/are offered, how many. The number of revisions offered for any service depends on the Seller of the service and is displayed on the service Detail Page. Note that this number could be between 0 (zero) to unlimited. “0” means no revision is offered for the service (and may be so because of the nature of the service); 1 means one revision is allowed, etc.

·         It is not permitted to seek to get additional services from Sellers beyond what was agreed to in the initial requirements stated by the Buyer and agreed to by both the Buyer and Seller prior to placing an order.

·         Orders will not be canceled because of the Buyer’s preferred quality of service or materials that the Seller delivered if the Seller delivered the service in accordance with what the Seller described or promised on the Service Detail Page. The Buyer may provide a feedback that describes his/her experience with regards to the service and this should be fair and based on if the Seller delivered what was promised.

·         Where available for a service, revisions can be requested on the Order Page after the service is delivered.

·         After the Buyer purchases the service, which starts the order, any revision request by the Buyer, before the order is delivered, may attract additional charges from the Seller, depending on what the Buyer requests

Order Cancellation

Buyers and Sellers are encouraged to resolve conflicts using the Dispute Resolution Center available on Inspectionally. Below are the Terms that govern cancellations based on the different stages of the life of an order.

Purchased Orders – Requirements Missing (Buyer has paid for the service but has not submitted the requirements to Seller.)

1.    Buyer may cancel a purchased order at any time without a penalty if no requirements have been submitted with respect to the order AND the cancellation time is within 6 hours of paying for the service.

2.    Buyer gets the full purchase amount credited to their Inspectionally Balance if order is canceled without a penalty.  

Purchased Orders – Requirements Submitted (Buyer has paid for the service and has also submitted requirements to Seller.)

1.    Buyer may initiate a cancellation request after requirements have been submitted to Seller (which starts the order). If Buyer initiates a cancellation request at this stage of the life of the order, a mutual cancellation agreement between Buyer and Seller is needed to cancel the request. Any cancellation initiated after requirements have been submitted may result in a fee penalty; for example, a minimum penalty set by Inspectionally and/or penalty that may be charged by the Seller for any work already done and/or expense already incurred before the cancellation request.

2.    If, at any time, a fee penalty is charged a Buyer, the Buyer will receive a partial refund of the purchase amount be credited to Buyer’s Inspectionally Balance, after the fee penalty is subtracted from the purchase amount.

3.    Buyer may cancel an order, with no penalty charged Buyer if any or all of the following occur(s) (a) Seller fails to deliver by the agreed delivery date/time AND the order status is marked as Late by 24 hours or more; (b) order is late by 24 hours or more and Seller is unresponsive after having been contacted by Buyer, or Seller has not requested an extension of the delivery time.

4.    A seller may initiate a cancellation request if the materials submitted by the Buyer as part of the requirement include illicit or copyright/trademark infringing materials. If Seller cancels the order, no penalty will be charged Buyer.  

5.    The Buyer or Seller may cancel an order, with no penalty charged Buyer, if the other party is abusive (for example, uses harassing or denigrating language); or employs threats (for example, threatens to give negative reviews).

6.    The Buyer or Seller may cancel an order if the other party’s user account becomes disabled on Inspectionally (for example, the account is suspended or closed).

7.    Where the Seller needs access and/or permission to conduct an inspection and/or verification (for example, of property, goods, used vehicles, etc.), the Seller and Buyer shall decide who, between them, will bear the responsibility of arranging or obtaining the access and/or permission needed by the Seller to perform the task.

8.    Where access and/or permission is needed to inspect or verify something AND the Buyer is responsible for obtaining such access/permission but fails to do so, the Seller may cancel an order, and charge Buyer a fee penalty to recoup travel and/or time costs, provided that the Seller has done any, a combination of, or all of the following: (a) made a good faith effort to obtain access and/or permission if possible, but is unable to do so; (b) made a good effort to contact the Buyer on the Inspectionally Site (for example, using mobile phone Internet connection, while still at the location) so as to resolve the access/permission problem but the Buyer is unresponsive at that time, or the Buyer, if responsive, is still unable to resolve the problem, thereby leaving the Seller still unable to gain access/permission within at least 30 minutes of arriving the location; (c) taken photos of anything, or things, at the location (e.g., building, vehicle, mailbox number) that can be shown as proof that Seller actually arrived the location.  

9.    Where access and/or permission is needed to inspect or verify something AND the Seller is responsible for obtaining such access/permission but fails to do so and the Seller cancels an order, Buyer will NOT be assessed a cancellation penalty whatsoever. 

10. Before cancelling an order, the Seller is strongly advised to make  every available, reasonable effort to resolve the problem(s) that gave rise to the desire to cancel the order, as having multiple cancellations may impact the Seller’s ability to offer services on Inspectionally.

11. Before cancelling an order, both Buyer and Seller are encouraged to contact each other and engage in a discussion to resolve the issue. Buyer is encouraged to check on the status of the order with Seller; Seller is encouraged to provide the Status of the order, including any information about issues encountered and the possibility of still finishing and delivering the work to Buyer.         

Orders Delivered (after Seller delivers the order but order is yet to be set as Completed).

1.    If Buyer requests to cancel an order because no file and/or proof of work matching the order requirements was delivered by Seller and both are unable to reach an agreement after using the Resolution Center to work on resolving the issue, they may request the intervention of the Customer Support team, which will review the material submitted and may make a recommendation or decision on the issue that both Buyer and Seller agree to be bound by. Possible decisions include, but are not limited to, (a) granting the Buyer’s cancellation request with no penalty, including a full refund; (b) granting the Buyer’s cancellation request with a penalty, including a partial refund; (d) denying the Buyer’s cancellation request, with no refund;       

2.    The Buyer may request to cancel an order if the Seller deliberately withholds the final delivery in order to request additional payments, whether on the Site or off. If Seller still continues to withhold the final delivery and the Buyer’s cancellation request is granted, buyer will receive a full refund, with no penalty.

3.    The Seller may cancel the order, with no penalty to Buyer, if Buyer abuses the Request Revision feature to obtain additional services in excess of the requirements initially agreed upon.

4.    The Buyer may request to cancel an order, with no penalty to Buyer, if Seller withholds the delivery of the final work in order to extract a promise of positive ratings from Buyer.

5.    The Seller may request to cancel an order, with no penalty to Buyer, if Buyer threatens negative ratings because Seller would not accede to giving Buyer more services beyond what was agreed to in the requirements. If Buyer threatens to leave negative ratings for the Seller because Seller would not give more services than previously agreed to and the Seller has done the work as agreed and desires to be remunerated for it, Seller may contact Customer Support to explore protection against abuse or unfair targeting, which will be considered by Customer Support on a case-by-case basis.

6.    Buyers are prohibited to cancel work due to change of mind after Sellers have already started the work incurred costs associated with doing so. Any such requests for cancellation may incur a fee penalty.

7.    The Buyer may request to cancel, without any fee penalty to Buyer,  if Seller abuses the delivery date extension feature by making multiple requests to extend the delivery due date, thereby unreasonably delaying the delivery of the final work.

Chargebacks

If it is brought, or comes to, our notice that a chargeback or dispute has occurred with a payment provider, Inspectionally will review it on behalf of Sellers. While the final determination will vary on a case-by-case basis due to the reason given for the chargeback or dispute, we will work hard to resolve the matter in favor of the Seller. If our position is  approved, we (or our Payment Services Provider) will credit the Seller with the partial or full revenue.  If our position is not approved, the Seller will bear the cost of the chargeback amount.

Refunds

·         Refund payments for canceled orders are not automatically made to your payment provider; instead, funds from cancellations are credited to the Buyer’s Inspectionally Balance and is available for a future purchase(s) on Inspectionally.

·         In special, and rare circumstances, where a refund is made to your payment provider, instead of your Inspectionally Balance, this will be done by Customer Support in the order’s original transaction currency and we may charge an additional fee for such a refund. Inspectionally limits the number of times such requests are granted to Users so as to guard against fraud and abuse, and each request will be reviewed by our Customer Support Team.

Terms Updates

·         Inspectionally may, from time to time, amend these Payment as we see fit. Any time changes are made, we will make a new copy of the Terms available on this page. You agree that it is your responsibility to check this page, as well as other Terms on our Site, before using the Service at any time to find out what changes have occurred.  

·         You understand and agree that your using Inspectionally on any date after changes to the Payment Terms are been made will be treated by Inspectionally as your acceptance of the changes made to the Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE INSPECTIONALLY SITE, ITS CONTENT AND ANY ITEMS, DELIVERIES OR SERVICES YOU OBTAIN AS A RESULT OF USING THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, ITEMS OR DELIVERIES THAT YOU OBTAIN BY USING THE SITE OR ITS APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. INSPECTIONALLY, OR ANY PERSON ASSOCIATED WITH INSPECTIONALLY, MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, SECURITY, COMPLETENESS, ACCURACY OR RELIABILITY OF THE SITE.

Limitation On Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSPECTIONALLY, ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OFFICERS, DIRECTORS, OWNERS, AFFILIATES OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR LACK OF USE, OF THE SITE, ANY WEBSITES LINKED TO IT, OR SERVICES, DELIVERY, CONTENT, ITEM, INFORMATION OBTAINED THROUGH THE SITE, OR WEBSITES LINKED TO IT, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY, EMOTIONAL DISTRESS,  LOSS OF BUSINESS PROFITS, LOSS OF ANY OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE.

Privacy Policy

Last Update: July 3, 2022

 Here is the privacy policy (the “Policy”) that governs the use of our site, www.inspectionally.com (the “Site”); mobile application; or other associated websites, applications, goods and services owned by Inspectionally LLC (“Inspectionally”, “we”, or “us”), registered in the United States. It governs how we use personal information you provide or we receive through your use of the website.

Please read the Policy carefully prior to using Site. Using the website or any part of the Service on behalf of yourself or another party such as an employer or organization means that you accept and agree to be bound by these Payment Terms. This Policy supplements the Inspectionally Terms of Service.

Introduction

This policy (together with our Terms of Service (Terms) and our Cookie Policy applies to your use of:

·                         Our mobile application software (collectively referred to as the App), our Website or any other part of the Service.

·                         Any of the services accessible through the App or Website (the “Service”). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App and Website is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This policy is provided in a layered format so you can click through to the specific areas set out below.

[IMPORTANT INFORMATION AND WHO WE ARE]

[THE DATA WE COLLECT ABOUT YOU]

[HOW IS YOUR PERSONAL DATA COLLECTED?]

[HOW WE USE YOUR PERSONAL DATA]

[DISCLOSURES OF YOUR PERSONAL DATA]

 [DATA SECURITY]

[DATA RETENTION]

 [GLOSSARY]

[DESCRIPTION OF CATEGORIES OF PERSONAL DATA]

Important Information and Who We Are

Inspectionally LLC is the controller and is responsible for your personal data (collectively referred to as "we", "us" or "our" in this policy).

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

·                         Full name of legal entity: Inspectionally LLC.

·                         Data privacy manager’s email address: [email protected].

You have the right to make a complaint at any time to the State of Michigan, United States regulators for data protection issues.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App or log onto our Website. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our App or Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

The Data We May Collect About You

We may collect, use, store and transfer different kinds of personal data about you as follows:

·                         Identity Data.

·                         Contact Data.

·                         Financial Data.

·                         Transaction Data.

·                         Device Data.

·                         Content Data.

·                         Profile Data.

·                         Usage Data.

·                         Marketing and Communications Data.

·                         Location Data.

We explain these categories of data here below.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How Is Your Personal Data Collected?

We will collect and process the following data about you:

·                         Information you give us. This is information you consent to giving us about you by filling in forms on the App or Website, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the Website, App, download or register an App, subscribe to any of our Services, enter a competition, promotion or survey and when you report a problem. If you contact us, we will keep a record of that correspondence.

·                         Information we collect about you and your device. Each time you visit or use our App or Website we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy for further details.

·                         Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.

·                         Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

·                         Identity, Contact, Financial, Device, Transaction, Device and Location Data;

·                         Device Data;

·                         Contact, Financial and Transaction Data from providers of technical, payment and delivery services;

·                         Identity and Contact Data from data brokers or aggregators; and

·                         Identity and Contact Data from publicly available sources.

·                         Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of the App or Website, the distribution platform (Appstore) or Services and to remember your preferences. This helps us to provide you with a good experience when you use the App  or Website and also allows us to improve. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.

How We Use Your Personal Data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

·                         Where you have consented before the processing.

·                         Where we need to perform a contract we are about to enter or have entered with you.

·                         Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

·                         Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email if we have your consent. You have the right to withdraw that consent at any time by contacting us.

Purposes for Which We Will Use Your Personal Data

Disclosures of Your Personal Data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table Purposes for which we will use your personal data:

·                         Internal Third Parties as set out in the Glossary.

·                         External Third Parties as set out in the Glossary.

·                         Specific third parties such with which we collaborate with for the purposes of providing you with the gift cards or offers.

·                         Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

Many of our external third parties are based outside of the United States so their processing of your personal data will involve a transfer of data outside of the United States.

Whenever we transfer your personal data out of the United States, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·                         We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

·                         Where we use certain service providers, we may use specific contracts approved by Sweden which give personal data the same protection it has in the United States.

Data Security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App or Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data Retention

We reserve the right to retain your data based on, at the minimum, the number of years as may be required by law, or permanently as a record of our business and/or operational activities.

Glossary

1.1            Lawful Basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

1.2            Third Parties

1.3            Internal Third Parties

3          Persons in the company who provide [IT and system administration services and undertake leadership reporting].

1.4            External Third Parties

4          Service providers who provide IT and system administration services.

Professional adviser including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

1.5            Your Legal Rights

5          You have the right to:

·                         Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

·                         Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·                         Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

·                         Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

·                         Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

 (a)    if you want us to establish the data's accuracy;

 (b)    where our use of the data is unlawful but you do not want us to erase it;

 (c)    where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

 (d)    you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

·                         Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

·                         Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Description of Categories of Personal Data

·                         Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.

·                         Contact Data: billing address, delivery address, Country, email address and telephone numbers.

·                         Financial Data: bank account and payment card details.

·                         Transaction Data: includes details about payments to and from you and details of in-App purchases.

·                         Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.

·                         Content Data: includes information stored on your Device, including friends' lists, login information, photos, videos or other digital content, check-ins and persons you follow.

·                         Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses.

·                         Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise [and the resources that you access.

·                         Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

·                         Location Data: includes your current location disclosed by GPS technology.

Intellectual Property

Copyright, Intellectual Property, Trademark Infringement Claims (DMCA)

Last Update: July 2022

HOW TO REPORT CLAIMS OF COPYRIGHT INFRINGEMENT

At www.inspectionally.com, the "Site," we respect the intellectual property rights of others. We expect our users to act in a way that does not infringe on others' rights, including ensuring that they never violate anyone else's intellectual property rights. Content on the Site is User Generated Content (UGC). As a result, Inspectionally does not check content created or uploaded by users for copyright violation, or violation of other rights. If you believe a content uploaded to the Site is in violation of your copyright, or other rights, we offer you a process below to contact Inspectionally. The reported violation will be investigated and removed, or disabled, if in violation of third party rights.

To that, we have established the following Copyright Infringement Policy.

We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously. If you are a copyright owner, or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us, by sending a Notice of Alleged Infringement, containing the following:

1. Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works, you may provide a representative list.

2. The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material can be found.

3. Your company affiliation, if applicable, your mailing address, telephone number, and email address.

4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.

5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.

6. Your full legal name and your electronic or physical signature.

This notice can be sent to:

The Inspectionally DMCA Team at:  [email protected]

Upon receipt of your Notice, we will take all actions we deem appropriate, including removal of the infringing material or disabled access to the infringing material. Please note that you must comply with all of the requirements above for your Notice to be valid.

Counter-Notice Procedure:

If you feel that we have removed content that is not infringing, or that you otherwise have authorization from the copyright holder to lawfully use the content, you may send us a Counter-Notice.

The following information must be included:

1. Identification of the content which you believe was mistakenly removed or access was mistakenly disabled to, as well as the location where it appeared.

2. Your name, address, telephone number, email address and your physical or electronic signature.

3. An acknowledgment that you have reviewed our copyright infringement policy.

4. A statement by you under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification. You may wish to include a broader description of the reasons why you believe this to be so.

5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the operators of the Website are located.

6. A statement that you will accept service of process from the person who provided the original Copyright Infringement Notice.

If we received a Counter-Notice, we may send a copy to the original complainant, informing them that the removed content may be replaced within ten business days unless the complainant files an action in federal court.

Repeat Infringers:

It is our policy to terminate access to our Website and revoke privileges of any person who we determine to be a "repeat infringer." Repeat infringement shall be determined in our sole and exclusive discretion but will include any individual who has been the subject of more than one copyright infringement notice.

Nothing in this policy waives any other right we may have to pursue copyright infringers or any other individual who uses our Website to violate the intellectual property rights of others. We will not indemnify any alleged infringer in any manner.