Terms & Conditions

AGREEMENT TO TERMS:

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”).

In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.

The Site is intended for users who are at least 18 years of age.

INTELLECTUAL PROPERTY RIGHTS:

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

USER REPRESENTATIONS:

By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block your access and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES:

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses.
• Steal and/or copy and/or make any use of the designs and/or ideas of products on the website.
• Trick, defraud, or mislead us and other users.
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another person.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Use the Site as part of any effort to compete with us.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including use of spamming, that interferes the enjoyment of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CalOPPA - California Online Privacy Protection Act

CalOPPA is a California state law that functions as one of the primary data privacy laws in the United States. The law came into effect in July 2004, and is applicable to the operators of commercial websites or online services that collect personally identifiable information about consumers residing in California. Following a 2012 agreement between the California Attorney General and mobile app providers, CalOPPA also applies to mobile apps.

NOTE: The is wide overlap between CalOPPA and the CCPA, and the majority of requirements of CCPA are applicable to those of CalOPPA.

What kind of information does CalOPPA apply to?

Under CalOPPA, "Personally Identifiable Information" includes but is not limited to:

• First and last names
• Home or physical street addresses
• E-mail address
• Telephone number
• Social Security number
• Any other information that permits a specific individual to be contacted physically or online

Does CalOPPA apply to the information collected by Quizell?

As Quizell conducts business on a global scale, it is possible that Quizell’s service is provided to companies who interact with consumers residing in California. Any personal information entered into one of our Quizzes by an individual residing in California is collected in a data pool by Quizell for our client’s recovery purposes and falls under CalOPPA.

Quizell’s CalOPPA Compliance

Under CalOPPA, we are required to disclose the categories of personal information that are collected. The categories are as follows:

• Identifiers such as name, alias, address, phone numbers, or IP address;
• Personal information;
• Commercial information, such as purchase and content streaming activity;
• Internet or other electronic network activity information, including content interaction information, such as content downloads, streams, and playback details;
• Geolocation data, such as the location of your device or computer;
• Inference data, such as information about your purchase preferences

Under CalOPPA, we are required to disclose the categories of third parties that may receive the information that is collected. Quizell does not transfer users’ personal information to any third parties, and only stores this information in a data pool for our clients’ recovery needs.

How can consumers review and request changes to the information stored on them?

How can consumers review and request changes to the information stored on them?

The California Consumer Privacy Act (CCPA) and The California Privacy Rights Act (CPRA)

The CCPA is a California state law which passed in 2018 and came into effect in 2020. Similarly, to CalOPPA, the CCPA applies to businesses that impact individuals in California. In January 2023, the CPRA came into force, introducing a number of amendments to the CCPA. The updated CPPA stipulates restrictions on the utilization of personal data, emphasizing that the collection, retention, and usage should be confined to what is essential for providing goods or services.

What businesses does the CCPA apply to?

Under the CPPA (CPRA), a "business" is any legal entity which:

• Pursues a profit;
• Operates in California;
• Determines the purposes and means of the processing of consumers' personal information;
• Complies with one or more of the following:
  • Has an annual gross revenue of more than $25 million;
  • Annually buys, sells, receives or shares personal information from at least 100,000 devices, consumers or households;
  • Makes at least 50 percent of its annual revenue by selling or sharing consumers' personal information.
• Geolocation data, such as the location of your device or computer;
• Inference data, such as information about your purchase preferences

Does the CCPA apply to the information collected by Quizell?

Quizell does not fall under the definition of “business” as it is defined in the CCPA (see above). However, as Quizell conducts business on a global scale, it is possible that Quizell’s service is provided to companies who do fall under the CCPA’s definition, and many of the clients using Quizell’s services may impact people in California. Any personal information entered into one of our Quizzes through such companies is collected in a data pool by Quizell for our client’s recovery purposes. For this reason, it is important for us to keep our Privacy and Data Protection Policies to the highest standards.

Quizell’s CCPA Compliance

This California Consumer Privacy Statement supplements the Global Privacy Notice and applies solely to consumers in the state of California. This Statement does not apply to Site personnel. This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”), as well as updated compliance in accordance with the regulations introduced in The California Privacy Rights Act of 2020.

The personal Information Collected:

The personal information that the Site collects fall into the following categories as established by the California Consumer Privacy Act:

• Identifiers such as name, alias, address, phone numbers, or IP address;
• Personal information, such as a credit card number;
• Commercial information, such as purchase and content streaming activity;
• Internet or other electronic network activity information, including content interaction information, such as content downloads, streams, and playback details;
• Geolocation data, such as the location of your device or computer;
• Inference data, such as information about your purchase preferences

Personal information disclosed for a business purpose:

The personal information that the Site discloses about consumers for a business purpose fall into the following categories established by the California Consumer Privacy Act:

• Identifiers such as your name, address, phone numbers, or IP address, for example if we use a third-party carrier to deliver your order;
• Personal information, such as a credit card number, for example if we use a third-party payment processor;
• Your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;
• Commercial information;
• Internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services.

Right to Request Access to or Deletion of Personal Information:

You may have the right under the California Consumer Privacy Act to request information regarding the collection of your personal information by the Site, or access to or deletion of your personal information. If you wish to access this information, please contact us using the contact information provided below.

No sale of personal information:

The Site has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

No Discrimination

The Site will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.

Introducing the GDPR: General Data Protection Regulation

The GDPR is the European Union (“EU”) regulation that harmonizes data privacy and security laws that regulate the use of individuals’ personal data across Europe.

As of May 2018, the GDPR has been applicable in all EU member states, requiring companies to update their privacy and security policies and practices in accordance with the changes introduced by the new Regulation.

The terms of the GDPR apply only to the processing of personal data of persons in the EU, which is defined in Article 4 of the Regulation, as “any information relating to an identified or identifiable natural person”. This includes information such as a person’s name, location data, identification number, and information pertaining the physical, physiological, genetic, mental, economic, cultural or social identifiers of the person.

Does the GDPR concern Quizell’s data?

Naturally, it is likely that the GDPR applies to some of the data gathered through the services offered by Quizell, as Quizell gathers the information entered by your customers. However, Quizell only keeps this information in a data pool for your recovery needs and does not process this information. All data belongs to the system and is used exclusively for statistical purposes, Quizell has no further use with your clients’ information.

What information are we talking about?

Information entered by your customers may include and is not limited to: Full name, address, e-mail, phone number, ect. Additionally, sensitive information may be collected, in accordance with and dependent on the information you ask of your customers in the Quiz.

Why is this data collected?

The quizzes on our platform are designed and built by you (our customers). Information entered by your customers is kept for bettering the user’s experience. Our system does not use the data entered by your customers and it is collected exclusively for your use.

Does any of this information get processed by a third party?

All the data gathered belongs to the platform and is only processed for statistics. Customers may use the information as they please.

Does the GDPR concern the information you collect through using Quizell’s services?

It is important to understand the Regulation may apply to information you gather and process through our services and therefore may be subject to scrutiny. You can find additional info updates on the GDPR on the official website: https://gdpr-info.eu/

We are committed to holding our privacy and security policy and practice to the highest standards. See our Privacy Policy page for more information on the measures we have taken to guarantee the responsible use of the data and information gathered by Quizell.

Purposes of collecting your personal information

In order to provide you service, we may use your personal data, such as, inter alia, information about your use of the Site, and information about your mobile device or computer (“Personal Information”). The Personal Information may be collected and used to:

• Provide services to you and improve the Site and/or the services;
• Ensure proper performance of the Site;
• Analyze and manage our businesses;
• Improve our customer service;
• Contact you or provide you with relevant data with regard to the Site or the services.

How the information is collected

Each time you use the Site, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:

• We may record your internet service provider’s address, your internet protocol or IP address and the type of handheld or mobile device.
• We may use “cookies” of different types to recognize your computer or mobile device. A cookie is a small text file that a website, online application, or e-mail may save to your internet browser and/or your computer’s hard drive for use in subsequent visits to sites.
• We may collect any information you enter, share or that can be obtained from your use of the Site.
• We may share your personal information with third parties, except for sensitive information such as credit card information and I.D numbers, including with our services providers.

Possible uses of personal information

Some examples of things service providers may do that may involve your personal information are:

• Develop, host or maintain the Site on our behalf;
• Aggregate customer information and/or improve customer service. We may then share such aggregated information with prospective marketing partners and advertisers.
• These service providers are granted access to some or all of your personal information as necessary and may use cookies (as defined above) or other automatic collection technology on our behalf.

Privacy Policy – For Your Customers

As customers of Quizell, you may use our services in generating Quizzes for your business need. Your customers may enter personal information into a Quiz in accordance with your set-up and business needs. This information is stored by Quizell solely for your data recovery needs and is not processed by Quizell. Quizell does not share your customer’s personal information with any third parties and has no use in your customer’s information. We make it a top priority to ensure the highest standards of privacy and data protection on our website.

For more information on the laws that govern the use of personal information and data protection and the steps Quizell has taken to comply and ensure your customers data safety, visit our pages on:

• Europe – GDPR
• California – CalOPPA and CCPA
  
  

4rd party apps

Cloudflare, Jquery, and termsfeed are using on our platforms as 4rd party providers for security and privacy improvements.