Our Terms of Service

Welcome to OpenDayEveryday, owned and operated by Student Voice Box Ltd. (collectively, “OpenDayEveryday” ). OpenDayEveryday provides an online venue and services that connect users providing information and advice (the “Advisors” ) with users seeking information and advice (the “Seekers” ) (collectively, the “Services” ), which Services are accessible at www.OpenDayEveryday.com  and any other websites through which OpenDayEveryday makes the Services available (collectively, the “Site” ) and as an application for mobile devices (the “Application” ). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ( “Terms” ), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and OpenDayEveryday.

In these Terms, “you”  and “your”  refer to the individual or entity that uses the Site, Application or Services. “We” , “us” , or “our”  refer to OpenDayEveryday. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Please read carefully these Terms and our Privacy Policy, which may be found at www.OpenDayEveryday.com/terms , and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ADVISORS MAY CREATE LISTINGS (AS DEFINED BELOW) IN ORDER TO OFFER INFORMATION AND ADVICE TO SEEKERS. YOU UNDERSTAND AND AGREE THAT OPENDAYEVERYDAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). OPENDAYEVERYDAY HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Definitions

“Advisor”  means a Member who offers information and advice to other Members and creates a Listing via the Site, Application or Services.

 “Appointment”  means a scheduled telephone or video call coordinated via the Services between Members in connection with and subject to the terms of a Listing.

“OpenDayEveryday Content”  means all Content that OpenDayEveryday makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content”  means Member Content and OpenDayEveryday Content.

“Content”  means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

 “Listing”  means an offer by an Advisor to provide the Services via the Site, Application, and Services.

“Member”  means a person who completes OpenDayEveryday’s account registration process as described under “User Account Registration” below, and includes, without limitation, Advisors and Seekers.

“Member Content”  means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services and includes, without limitation, Listings. “Seeker”  means a Member who uses the Site, Application or Services to access information and advice from other Members.

“Tax”  or “Taxes”  mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

OpenDayEveryday reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing Member thirty (30) days after notice to the Member is provided via email from support@OpenDayEveryday.com  to your email address on file with OpenDayEveryday. You agree to keep your email address on file with OpenDayEveryday up-to-date. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.

How the Site, Application and Services Work

The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or post a Listing, you must first register to create a OpenDayEveryday Account (as defined below).

OpenDayEveryday’s role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling,video calling, call queuing, call cycling, payment integration and call facilitation (see www.OpenDayEveryday.com/features for more details). OpenDayEveryday does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Appointments or otherwise. OpenDayEveryday does not verify the credentials of any of its Members. You understand and acknowledge that Advisors are not employees or agents of OpenDayEveryday but are independent service providers using the Site, Application and Services to market their experience to other Members and the public. You acknowledge that OpenDayEveryday will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION. OPENDAYEVERYDAY CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT OPENDAYEVERYDAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.

User Account Registration

Direct Registration:  To access certain features of the Site and Application and to create a Listing, you must register to create an account ( “OpenDayEveryday Account” ) and become a Member. You may register directly via the Site or Application or as described in this section.

Third Party Registration:  You can also register to join by logging into your account with certain third party social networking sites ( “SNS” ) (including, but not limited to, Facebook, Twitter and LinkedIn); each such account, a “Third Party Account” , via our Site or Application, as described below.

As part of the functionality of the Site, Application and Services, you may link your OpenDayEveryday Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to OpenDayEveryday through the Site, Services or Application; or (ii) allowing OpenDayEveryday to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to OpenDayEveryday and/or grant OpenDayEveryday access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating OpenDayEveryday to pay any fees or making OpenDayEveryday subject to any usage limitations imposed by such third party service providers.

By granting OpenDayEveryday access to any Third Party Accounts, you understand that OpenDayEveryday will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ( “SNS Content” ) so that it is available on and through the Site, Services and Application via your OpenDayEveryday Account and OpenDayEveryday Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts will be available on and through your OpenDayEveryday Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable, or OpenDayEveryday’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your OpenDayEveryday Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. OpenDayEveryday makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and OpenDayEveryday is not responsible for any SNS Content.

We will create your OpenDayEveryday Account and your OpenDayEveryday Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active OpenDayEveryday Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OpenDayEveryday reserves the right to suspend or terminate your OpenDayEveryday Account and your access to the Site, Application and Services if you create more than one (1) OpenDayEveryday Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OpenDayEveryday Account, whether or not you have authorized such activities or actions. You will immediately notify OpenDayEveryday of any unauthorised  use of your OpenDayEveryday Account.

Listings

You (as an Advisor) may create Listings to offer your services to other Members. To this end, you may need to provide information regarding the experience you offer as well as pricing and other financial terms applicable to your offering. Listings will be made publicly available via the Site, Application and Services.

Seekers will be able to schedule an Appointment with you via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Seeker requests an Appointment, the price quoted under your Listing may not be altered.

You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that OpenDayEveryday assumes no responsibility for the content of Listings or for any Member’s compliance with any applicable laws, rules and regulations.

You understand and agree that OpenDayEveryday is not involved in the interactions between Members and does not refer or endorse or recommend particular Advisors to Seekers. You also understand and acknowledge that OpenDayEveryday does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, OpenDayEveryday is not party to any agreements entered into between Members.

OpenDayEveryday reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OpenDayEveryday, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You acknowledge and agree that, as an Advisor, you are responsible for your own acts and omissions.

No Endorsement

As stated above, OpenDayEveryday does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from OpenDayEveryday with respect to such actions or omissions.

Appointments and Financial Terms

Appointments and Financial Terms for Advisors: If you (as an Advisor) have received an Appointment request from a Member, you will be required to either confirm or reject the request within 24 hours of when the request is made (as determined by OpenDayEveryday in its sole discretion) or the request will be automatically cancelled. When an Appointment is requested with you via the Site, Application and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) a link to the Seeker’s OpenDayEveryday Account profile page, so that you can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, OpenDayEveryday will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The amount due and payable by a Seeker relating to Appointment time with you is referred to as an “Appointment Fee” . Appointment Fees are quoted in each Listing, in EURO  and in a price per minute format (the “Appointment Fee Rate” ). Please note that it is Advisors, and not OpenDayEveryday, which set all Appointment Fee Rates.

In consideration of the Services, OpenDayEveryday charges you a fee (the “Service Fee” ) based on a percentage of Appointment Fees collected on your behalf. The current applicable percentage is sixty percent (60%). The Service Fee is deducted from the Appointment Fee payable to you in respect of an Appointment. At the conclusion of each Appointment, OpenDayEveryday calculates the appropriate Appointment Fee payable by the Seeker to you based on the duration of the Appointment and the applicable Appointment Fee Rate. After deducting the applicable Service Fee, OpenDayEveryday remits the balance of the Appointment Fee to you via its third party provider www.stripe.com  or such other payment methods as may be listed on the Site or via the Application, in EURO . Except as otherwise provided herein, Service Fees are non-refundable.

Please note that OpenDayEveryday does not currently charge fees for the creation of Listings. However, you acknowledge and agree that OpenDayEveryday reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that OpenDayEveryday will provide notice of any Listing fee collection via the Site, Application and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.

Appointments and Financial Terms for Seekers

You (as a Seeker), not OpenDayEveryday, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with an Advisor by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not OpenDayEveryday, will be responsible for performing the obligations of any such agreements, and OpenDayEveryday is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

You agree to pay OpenDayEveryday all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that OpenDayEveryday reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one EURO (€1), in order to verify your credit card. At the end of each Appointment, OpenDayEveryday will process and collect the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that OpenDayEveryday cannot control any fees that may be charged to a Member by his or her bank related to OpenDayEveryday’s collection of the Appointment Fees, and OpenDayEveryday disclaims all liability in this regard.

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to OpenDayEveryday or its third party payment processor. You agree to pay OpenDayEveryday for any consummated Appointments in accordance with these Terms, by one of the methods described on the Site or Application – e.g. by www.stripe.com . You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by OpenDayEveryday or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to OpenDayEveryday’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.

General Financial Terms

Refunds

You (as a Seeker) may cancel an Appointment without penalty; provided, however, that you have not already initiated the call with the Advisor via the Services. You (as an Advisor) may cancel a scheduled Appointment without penalty at any time. If you have been improperly charged for an Appointment that was cancelled and require a refund, please contact OpenDayEveryday at support@OpenDayEveryday.com .

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. OpenDayEveryday cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to providing advisory services;
  • "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a OpenDayEveryday Member;
  • register for more than one OpenDayEveryday Account or register for a OpenDayEveryday Account on behalf of an individual other than yourself;
  • contact an Advisor for any purpose other than asking a question related to the Services,
  • contact a Seeker for any purpose other than asking a question related to the Services;
  • recruit or otherwise solicit any other Member to join third party services or websites that are competitive to OpenDayEveryday, without OpenDayEveryday’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Site, Application or Services;
  • use the Site, Application and Services to find an Advisor and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to OpenDayEveryday’s provision of the Services;
  • as an Advisor, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, OpenDayEveryday’s name, any OpenDayEveryday trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OpenDayEveryday’s express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, OpenDayEveryday’s computer systems, or the technical delivery systems of OpenDayEveryday’s providers;
  • attempt to probe, scan, or test the vulnerability of any OpenDayEveryday system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OpenDayEveryday or any of OpenDayEveryday’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

OpenDayEveryday will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OpenDayEveryday may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OpenDayEveryday has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OpenDayEveryday reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OpenDayEveryday, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See OpenDayEveryday’s Privacy Policy at www.OpenDayEveryday.com/terms for information and notices concerning OpenDayEveryday’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Republic of Ireland  and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of OpenDayEveryday and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, OpenDayEveryday grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. OpenDayEveryday reserves all rights in the Application not expressly granted to you by these Terms.

OpenDayEveryday Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, OpenDayEveryday grants you a limited, non-exclusive, non-transferable license, to (i) access and view any OpenDayEveryday Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OpenDayEveryday or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to OpenDayEveryday a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. OpenDayEveryday does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to OpenDayEveryday the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OpenDayEveryday’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that OpenDayEveryday is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OpenDayEveryday of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of OpenDayEveryday used herein are trademarks or registered trademarks of OpenDayEveryday. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy

OpenDayEveryday respects copyright law and expects its users to do the same. It is OpenDayEveryday’s policy to terminate in appropriate circumstances the OpenDayEveryday Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.

Termination and OpenDayEveryday Account Deactivation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your OpenDayEveryday Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event OpenDayEveryday terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your OpenDayEveryday Account you will remain liable for all amounts due hereunder. You may cancel your OpenDayEveryday Account at any time by contacting OpenDayEveryday. Please note that if your OpenDayEveryday Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OPENDAYEVERYDAY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND ADVISORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPENDAYEVERYDAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OPENDAYEVERYDAY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OPENDAYEVERYDAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPENDAYEVERYDAY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT OPENDAYEVERYDAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. OPENDAYEVERYDAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVISORS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANISED BY OPENDAYEVERYDAY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR APPOINTMENTS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OPENDAYEVERYDAY WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER OPENDAYEVERYDAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OPENDAYEVERYDAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OPENDAYEVERYDAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR APPOINTMENTS MADE VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OF ONE HUNDRED EUROS (€100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPENDAYEVERYDAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, indemnify, and hold OpenDayEveryday and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site, Application or Services, or (iii) creation of a Listing. OpenDayEveryday shall have the right to control all defense and settlement activities.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorised by Irish  law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Republic of Ireland  embargoed countries; or (b) to anyone on Ireland’s Treasury Department’s list of Specially Designated Nationals or Ireland's’ Department of Commerces’ Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) you are not located in a country that is subject to an Irish Government embargo, or that has been designated by the Irish Government as a “terrorist supporting” country and (ii) you are not listed on any Irish Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by Irish law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. OpenDayEveryday does not permit Listings associated with certain countries due to Irish embargo restrictions.

Feedback and Reporting Misconduct

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ( “Feedback” ). You may submit Feedback by emailing us at support@OpenDayEveryday.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of OpenDayEveryday and you hereby irrevocably assign to OpenDayEveryday and agree to irrevocably assign to OpenDayEveryday all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At OpenDayEveryday’s request and expense, you will execute documents and take such further acts as OpenDayEveryday may reasonably request to assist OpenDayEveryday to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to OpenDayEveryday.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OpenDayEveryday’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OpenDayEveryday may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OpenDayEveryday (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the Republic of Ireland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Ireland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Severability

These Terms are intended to govern the agreement between OpenDayEveryday and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

Dispute Resolution

You and OpenDayEveryday agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and OpenDayEveryday are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and OpenDayEveryday otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Changes.  Notwithstanding the provisions of the “Modification” section above, if  OpenDayEveryday amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to support@OpenDayEveryday.com ) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of OpenDayEveryday’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and OpenDayEveryday in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between OpenDayEveryday and you regarding the Site, Application, Services, Collective Content and any Appointments or Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OpenDayEveryday and you regarding the same.

General

The failure of OpenDayEveryday to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of OpenDayEveryday. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting OpenDayEveryday

If you have any questions about these Terms, please contact OpenDayEveryday at: support@OpenDayEveryday.com


Privacy Policy


OpenDayEveryday is owned and operated by Student Voice Box Ltd. (hereinafter collectively referred to as “OpenDayEveryday” , “we”  or “us” ). OpenDayEveryday takes your privacy very seriously. We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.OpenDayEveryday.com (the "Site" ) and our application for mobile devices (the "Application" ). Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (www.OpenDayEveryday.com/terms).

Scope

This Privacy Policy, as amended from time to time, applies only to information that you provide to us through the Site and Application. Please note that the Site and Application may contain links to other websites. If you click on a link to another website, this Privacy Policy will not apply to any information collected on that website. OpenDayEveryday is not responsible for the privacy practices, security, or content of these other websites, and we recommend that you read the privacy policies of each website that you visit.

As used in this policy, the terms "using"  and "processing"  information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the Republic of Ireland  or internationally.

The Collection of Information

Our principal goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (collectively, the "Service" ) and to enable users to enjoy and easily navigate the Site and Application. The types of information that we collect include:

Information you provide to us

Personal Information:  You may browse the Site and Application without providing any personal information that may be used to identify you personally. However, when you register for and use the Service, access certain content or features, or directly contact the Site or Application, we may ask you to provide information, including:

  • your name, phone number, mobile phone number, email address and postal address;
  • your username, password, and account setting preferences;
  • your credit card number, billing address and other billing related information.

(collectively, “Personal Information” ) Information automatically collected. When you visit and interact on the Site or Application, certain information is collected automatically, including:

Non-Identifying Information:  We collect other non-identifying information you provide as part of the registration, administration and personalization of your OpenDayEveryday Account profile (e.g. account preferences) ( “Non-Identifying Information” ). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other OpenDayEveryday Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Site, Application and Service and to analyse and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Log Data:  When you visit the Site and Application, whether as a Member or a non-registered user (any of these, a "OpenDayEveryday User" ), our servers automatically record information that your browser sends whenever you visit a website ( "Log Data" ). This Log Data may include information such as your computer’s Internet Protocol ( "IP" ) address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyse use of the Site, Application and the Service and for the Site and Application’s technical administration, to increase our Site and Application’s functionality and user-friendliness, and to better tailor our Site and Application to our visitors’ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyse and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies:  Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilise persistent cookies to save your login information for future logins to the Site and Application. Second, we utilise session cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by OpenDayEveryday Users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Application and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.

Web Beacons:  Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyse how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our Member communications and marketing campaigns.

Information collected from other sources:  We may access information about you from third-party sources and platforms. You can register to use the Service by logging into online accounts you may have with third party service providers ( "TPSP" )(e.g. Facebook, Twitter or LinkedIn); each such account, a "Third Party Account" , via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your OpenDayEveryday Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to OpenDayEveryday through the Site, Service or Application; or (ii) allowing OpenDayEveryday to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to OpenDayEveryday and/or grant OpenDayEveryday access to your Third Party Account for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating OpenDayEveryday to pay any fees or making OpenDayEveryday subject to any usage limitations imposed by the applicable TPSP.

If you register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable TPSP (such as your true name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize OpenDayEveryday to access by authorizing the TPSP to provide such information) from your Third Party Accounts and use that information to create your OpenDayEveryday Account and OpenDayEveryday Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the information in your Third Party Accounts so that it is available on and through your OpenDayEveryday Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.

Use of Your Information

We do not use Personal Information for purposes other than those disclosed to you in this Privacy Policy and/or at the time it was collected, except with your consent or as required by law. We collect information for one or more of the following purposes:

Email Communications:  We may use the information that we collect to send you email communications or information about your account or changes to the Site, Application or Service (including changes to the Terms of Service and this Privacy Policy).

Mobile Communications:  With your consent, we may use your mobile phone number to send you information, notifications and updates regarding the Site, Application or Service.

Profile Information:  We use the information we collect at registration to create your OpenDayEveryday Account and OpenDayEveryday Account profile page. Your OpenDayEveryday Account profile page will include, among other things, your first and last name, your profile picture and your location. You can select the other items of Personal Information that you wish to be included in your OpenDayEveryday Account profile page – including, but not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP friends or connections who are also Members of OpenDayEveryday, connections you have established between your OpenDayEveryday Account and any TPSPs, and a biography and links to your Listings, if applicable (together, your "Profile Information" ). We will display your Profile Information in your OpenDayEveryday Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all OpenDayEveryday Users and consequently should reflect how much you want other OpenDayEveryday Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage Members to exercise caution regarding the information disclosed in their OpenDayEveryday Account profile page. You can review and edit your Profile Information at any time.

Listings:  If you create a Listing, we may publish, use, share or otherwise disclose the Content of that Listing publicly via the Site and Application and may enable third parties to publish the Listing on their websites.

OpenDayEveryday Marketing:  We may also use your Personal Information to contact you with OpenDayEveryday newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the “Manage Notifications” section of your OpenDayEveryday Account. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Request Fulfillment:  We may use the information that we collect to fulfill your requests for products, services and information. For example, we may use your information to respond to your customer service requests.

Data Analysis:  In order to learn more about how our Site, Application and Service are used, we aggregate and analyse the data we collect. We may use the information, for example, to monitor and analyse use of the Site, Application and Service, to improve the functionality of same and to better tailor our content and design to suit our visitors’ needs.

Legal bases for processing (for EEA users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws.  The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

·         We need it to provide you the Services, including to operate the Services, provide customer support and personalised features and to protect the safety and security of the Services;

·         It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;

·         You give us consent to do so for a specific purpose; or

·         We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect OpenDayEveryday, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person. For more information on how we respond to government requests, see our Guidelines for Law Enforcement  and our Transparency Report .

 

Testimonials: OpenDayEveryday posts testimonials on the Site and Application. With your consent, we may post your testimonial on the Site and Application along with your name. To have your testimonial removed, please contact us at support@OpenDayEveryday.com.

 

How we store and secure information we collect

Information storage and security

We use data hosting service providers in the United States, Europe and Ireland to host the information we collect, and we use technical measures to secure your data.  For more information on where we store your information, please see our Cloud hosting infrastructure page .

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

How long we keep information

How long we keep information we collect about you depends on the type of information, as described in further detail below.  After such time, we will either delete or anonymise your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.  

Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services.  We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyse personal characteristics about you.  

Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services.  For example, we continue to display messages you sent to the users that received them and continue to display content you provided.

Managed accounts: If the Services are made available to you through an organisation (e.g., your employer), we retain your information as long as required by the administrator of your account.  For more information, see "Managed accounts and administrators" above.

Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your OpenDayEveryday account.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.  

How to access and control your information

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Your Choices:

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.  Below, we describe the tools and processes for making these requests.  You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see "Notice to End Users" below), you may need to contact your administrator to assist with your requests first.  For all other requests, you may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep.  Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted.  If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

Access and update your information: Our Services and related documentation  give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and search for content containing information about you using keyword searches in the Service.  You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

Deactivate your account:  If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact OpenDayEveryday support .  Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services.  For more information on how to delete your information, see below.  

Delete your information: Our Services and related documentation  give you the ability to delete certain information about you from within the Service. For example, you can remove content that contains information about you using the key word search and editing tools associated with that content, and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.  

Request that we stop using your information:  In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so.  For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy.  Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below.  When you make such requests, we may need time to investigate and facilitate your request.  If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable).  If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.

Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.  Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.

You may be able to opt out of receiving personalised advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info , http://optout.networkadvertising.org/  and http://www.youronlinechoices.eu .

Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies & Tracking Notice .

Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.

 

Information Sharing and Disclosure

We do not share or disclose Personal Information for purposes other than those disclosed to you in this Privacy Policy and/or at the time it was collected, except with your consent or as required by law. We will make information about you available to other companies, applications, or people in the circumstances listed below:

Analysis:  We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Delivery:  We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf.

Corporate Transaction:  We may share information about you in the event that the Site is acquired by or merged with another company or a similar corporate transaction takes place. However, we will notify you by placing a prominent notice on the Site or sending a notice to the primary email address specified in your account before your information is transferred and becomes subject to a different privacy policy.

Investigations:  We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of OpenDayEveryday’s Terms of Service, or as otherwise required by law.

Compliance with Laws:  We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.

Third Party Services

To customize your experience on the Site and Application and to simplify our registration process, we provide you with the opportunity to access or interact with TPSPs, such as Facebook, Twitter and LinkedIn. When you connect to the Site or Application through these TPSPs, we may share information about you with these third-party service providers and they may share data about you with us.

When you allow us to access your data through a third-party service to create a Site account, we may use this data for several purposes, including:

Creating relationships automatically within our system. For example, if you connect to us via a service with a public friend list, like Twitter, we may check to see if any people you follow on Twitter are also Site members. If web find a match, we will replicate your Twitter relationship with those members, setting them to be fans, followers, or friends on our Site.

Populating a list of potential friends to whom you can send service-specific messages. For example, we may use friend lists from a TPSP to create a list of contacts to whom you may choose to share your OpenDayEveryday Account profile page.

To enhance and personalize your experience on the Site. When you are connected via a TPSP, we may access certain account information, such as your profile picture, in order to enhance and personalize your experience on the Site.

Please remember that we do not control the privacy practices of these third-party services. We encourage you to read the privacy policies of all TPSP websites.

Updating and Deleting your Personal Information

All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at support@OpenDayEveryday.com  or editing their profile. If you would like us to deactivate your OpenDayEveryday Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your OpenDayEveryday Account. Please note that, if you cancel your OpenDayEveryday Account, any of your Member Content on the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information

Security and Data Retention

To protect your privacy and information, OpenDayEveryday uses multiple security procedures and practices to protect from unauthorised  access, destruction, use, modification and disclosure of Personal Information of users.

When you enter Personal Information on our Site and Application, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorised  access to transmitted data and supports data being sent only to intended recipients.

Your Personal Information is password protected and our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is secure.

Identity theft and the practice currently known as "phishing" are of great concern to OpenDayEveryday. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your OpenDayEveryday Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at support@OpenDayEveryday.com .

Note that we will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Sharing personal email addresses, phone numbers, Skype/IM usernames or any other personal contact details.

All communications, information and files exchanged should be performed exclusively using OpenDayEveryday’s messaging system. The main reason this it is required is to keep communications and transactions on OpenDayEveryday is for your safety. The internet industry has traditionally been inundated with risk and uncertainty. OpenDayEveryday is a new form of communications. For this community to thrive, security and trust must be maintained for all users. This is only possible through maintaining initial conversations within the OpenDayEveryday application. Protecting our users’ privacy is of critical concern for everyone on the OpenDayEveryday team. To protect our users’ privacy, personal information should be kept anonymous. Requesting or providing email addresses, skype/IM usernames or other personal contact details (other than your name) are strictly prohibited. OpenDayEveryday’s Call Back service and User Inboxes are designed to enable communication between all users.

International Transfer

OpenDayEveryday and its third party partners to whom we disclose information under this policy may perform activities outside of the Republic of Ireland  and potentially collect, transfer, store, and process your personal information in other countries. As a result, your information may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site, Application or providing us with your information, you consent to the potential collection, transfer, storage, and processing of information in other countries.

Access

We will make available to you any of your personal information that we have collected, used or disclosed upon request. Please contact us at support@opendayeveryday.com.

 

Our policy towards children

The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services .

 

Updates to This Policy

By using the Site, Application and Service you are accepting the terms of this Privacy Policy, as it may be amended from time to time. Please check the date of this Policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this Policy, please do not use this Site, Application and Service.

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your OpenDayEveryday Account) or by means of a notice on the Site and Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Addressing Your Concerns

We are accountable for our compliance with this Privacy Policy and the Personal Information under our control. We have implemented policies and practices to give effect to this policy, including training and communicating with our employees the importance of privacy. We regularly monitor our procedures and security measures to ensure that they remain effective and that they are being properly administered. If you have questions or suggestions or wish to contact our Privacy Officer, please complete this feedback form or you can contact us at: support@OpenDayEveryday.com