LIST101 Terms of Service and Privacy Policy


1. Introduction
Thanks for choosing LIST101 (“LIST101”, “we”, “us”, “our”). By signing up or otherwise using the LIST101 service, website and software application (together, the “LIST101 Service” or “Service”), or accessing any content or material that is made available by LIST101 through the Service (the “Content”), you are entering into a binding contract with the LIST101 entity indicated at the bottom of this document.
Your agreement with us is based on these terms and conditions of use (the “Agreement”). You acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by it. If you don’t agree with (or cannot comply with) the Agreement, then you may not use the LIST101 Service.
Please read the Agreement carefully. It covers important information about the LIST101 Service provided to you and any fees you may be billed. The Agreement includes information about future changes to the Agreement, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
The LIST101 Service includes social and interactive features. Use of the LIST101 Service relies on several technical requirements. The following are the system requirements for using LIST101 and accessing LIST101 content through an installed app:
• iPhone/iPad running iOS 9 or iOS 10 with a screen size of 800x480 pixel to 2560x1440 pixel.
• Android phone/tablet running Lollipop 5.0 through 7.0 Nougat with a screen size of 800x480 pixel to 2560x1440 pixel.
In order to use the LIST101 Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to LIST101 is true, accurate, and complete, and you agree to keep it that way at all times.

2. Changes to the Agreement
Occasionally we may, in our discretion, make changes to the Agreement. When we make material changes to the Agreement, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

3. Third Party Applications
The LIST101 Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that LIST101 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

4. User-Generated Content and Actions
LIST101 users may post, upload, and/or contribute (“post”) content to the Service, which may include, for example, pictures, text, messages, information, and/or other types of content (“User Content”).
LIST101 may, but has no obligation to, monitor, review, or edit User Content. In all cases, LIST101 reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in LIST101’s sole discretion, violates the Agreement. LIST101 may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. LIST101 is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against LIST101 related to User Content that you post, then, to the extent permissible under local law, you will indemnify and hold list101 harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
You own all of the content and information you post on LIST101. For content that is covered by intellectual property rights, like photos and videos (“IP Content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty- free, worldwide license to use any IP Content that you post on or in connection with LIST101 (“IP License”). This IP License ends when you delete your IP content or your account, unless your content has been shared with others, and they have not deleted it.

Any actions or behaviour performed by you on the LIST101 platform(s) that LIST101 determines as a behaviour or action that undermines the concept, seeks to exploit the pointsystem for personal point-advancement or the point-advancement of another user, incite other users to boycott the system, instigate criticism of the company, the employees or the owners of LIST101, will result in disabling or deletion of your profile and content without warning.

5. Message Fee and Payments
The messenger function (“Instant Messenger”) of LIST101 gives everyone the opportunity to attach a fee (“Message Fee”) of their own choice to any personal message in a private correspondence. In order for the recipient to view the content of a charged message, he or she needs to accept to pay the Message Fee before the content is viewable to the recipient. If and when the recipient accepts to pay the Message Fee, the sender will earn 50% of the chosen Message Fee.
You can choose to charge a Message Fee for any message you send to a fellow LIST101 member. If the recipient accepts to pay the proposed Message Fee, you will receive 50% of the amount. This amount will be credited to your LIST101 account automatically. If you choose to charge a Message Fee for your message, the recipient will be asked to rate the message once it has been paid for and viewed. Once a fee has been asked and accepted, the money cannot be refunded.
LIST101 is, for the avoidance of doubt, not responsible for any User Content in the Instant Messenger, the amount charged as Message Fee, or any correlation between the two.
In order to receive payouts in cash from your earned Message Fees (“Payouts”), you must select a valid Payout method. LIST101 currently only supports PayPal. By adding a Payout account you accept and confirm to have understood the income tax obligations of your resident country. You need a balance of an amount equivalent to minimum US$25 before a Payout can be carried out.
The Message Fees can be set to values in 7 price categories (“Tiers”). Each Tier equivalates a given amount of money, which is determined by Apple, Inc. (“Apple”). Once the Message Fee is paid, the money is transferred to Apple, who pays the money to LIST101 within 45 days (“Fee Administration Period”). We then distribute the money to the entitled users as Payouts every two weeks (“Fee Payout Period”). This time delay combined with Apple’s fluctuating exchange rates may cause slight inconsistencies between the amounts paid in a Tier by one user and received by another user as Payout.
It may take up to 60 days from you initially receive a Message Fee until you receive a Payout in cash due to the Fee Payout Period and the Fee Administration Period. However, the exact Payout amount is visible on your account within the Fee Administration Period, and you can then choose how much of the amount you wish as Payout by the end of the Fee Payout Period.
When carrying out transactions (for example charging or accepting Message Fees) via the Service and by accepting this Agreement, you expressly authorise LIST101 to use and share with certain trusted business partners and service providers, which may be located outside of the country where you live (including countries which do not provide the same level of protection for the processing of personal data as the country of your residence), the information provided by you to LIST101, even if such information is covered by local banking secrecy laws. You acknowledge and agree to the importance of sharing such information for the provision of the list101 Service and also agree that, by accepting this Agreement, where applicable and to the extent permitted by applicable law, you expressly waive your rights under such bank secrecy laws with regard to LIST101, any company in the LIST101 Group, and any trusted business partners and service providers, which may be located outside your country of residence. This consent is given for the duration of your relationship with LIST101.

6. Privacy Policy
All the information we collect is related to providing the LIST101 Service and its features. By agreeing to this Agreement, you give us the right to collect the below mentioned information and use it for the purposes described.
By using or interacting with the Service, you are consenting to:
• the use of cookies and other technologies;
• the transfer of your information outside of the country where you live;
• the collection, use, sharing, and other processing of your information, including for advertising-related
purposes;
• the collection of your broad, non-specific location, which we derive from your IP address. Our Services
are location-specific, so we need to know what country and city you’re in; and
• the public availability of your information and the controls over such information.
In each case, you consent to the processing of data by the entities described in this privacy policy (the “Privacy Policy”), including the LIST101 entity, as data controller, indicated at the bottom of this document. You can withdraw you consent at any time, in which case the Agreement is considered terminated and you may not use the LIST101 Service
When you sign up for the Service, we may ask you for personal information. If you connect to the Service using credentials from a Third Party Application (e.g., Facebook or Instagram), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account.
We store the information for an amount of time deemed relevant by us for the purpose of delivering the best Service, while of course complying with applicable data protection rules. Information from Facebook and Instagram is either stored for a short or a long period. User information from the signup process is stored for a short period of time and includes information about posts generated by you, the amount of “likes” on your posts, the amount of friends you have and the amount of albums and photos in your galleries. Profile information is stored for as long a period of time deemed necessary to provide the Service to you and includes your first name, middle name, last name, e-mail, ‘about information’, birthday, education, gender, hometown, relationship status, work, website and picture.

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This may include information about your interactions with the Service and Third Party Applications, and User Content you post to the Service including messages you send and/or receive via the Service. This includes, for example, your “likes” and posts on Facebook. We may use cookies and other technologies to collect this information. However, please note that private messages sent between users via the Service are encrypted and not accessible to the public or to us.
We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your LIST101 experience but are not required to use the Service. For example, we might allow you to upload photos to your profile. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use LIST101, and acceptance of this Agreement does not mean you have granted us permission to access the information mentioned in this clause.
We will not access other information on your device, including your photos and contact, unless you specifically allow us to.
You are protected by data protection rules governed by the Danish Data Protection Agency, who can be contacted via e-mail on dt@datatilsynet.dk or by phone on +45 33193200, and you have the right to complain to the authorities.
If you ask us, we will inform you about the information we have gathered about you and you have the right to have such information corrected or deleted or the handling of such information restricted. This may however effect your use of the Service.

7. Using and sharing information
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
1 to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service;
2 to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
3 to communicate with you for Service-related or research purposes including via e-mails, notifications, text messages, or other messages, which you agree to receive;
4 to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your LIST101 account settings);
5 to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialling system; you are not required to provide consent as a condition of signing up for LIST101’s services;
6 to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
7 to process your payment or prevent or detect fraud;

8 to enforce this Agreement, and any other terms that you have agreed to, including to protect the rights, property, or safety of LIST101, its users, or any other person, or the copyright-protected content of the Service;
9 to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other LIST101 users; and
10 as otherwise stated in this Agreement.
Your first name, middle name, last name and picture will always be publicly available at all times on your LIST101 user profile, even if this information has not been publicly available on the Third Party Application from which the information has been gathered. Other information is private and only available to other registered LIST101 users. Some information, such as your birth year, is only visible to others, if you choose it to be.
Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can choose to post your LIST101 activity to Facebook. Similarly, you may consent to provide Third Party Applications with access to your information on the Service.
In some contexts, we will share certain information. For example, like most services, if you sign up for LIST101 through a third party like Facebook, we share some information with them and they share some information with us in order to enable your account. The information we gather about you is in accordance with your consent and for us to be able to deliver the Service. At the time being, we gather information from and share information with Facebook and Instagram. The consequences if not providing us with such information, or not allowing us to gather such information, will be that you cannot use the Service fully.
We may use your public information to promote the Service and to help others find and follow you and/or your LIST101 content, including through Facebook and other Third Party Applications and on websites that embed LIST101 widgets. Your information may be used to notify others, including within the Service, via e-mail, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined LIST101 or activity related to a LIST101 profile).
If you connect your LIST101 account to a Third Party Application, LIST101 may automatically share your activity and activity-related stories with that service. If you log into a Third Party Application with your LIST101 account, that Third Party Application may have access to certain information. You understand and agree that a Third Party Application’s use of information collected from you (or as authorised by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and LIST101’s use of such information is governed by the Privacy Policy section of the Agreement and your LIST101 account settings.
We may share information with advertising partners in order to send you promotional communications about LIST101 or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. Please note that we have strict anti-spam policies, which for instance does not allow third parties to contact you without your prior approval.
In addition to the above, we may also share your information with third parties for these limited purposes:
• to allow a merger, acquisition, or sale of all or a portion of our assets;
• to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is
necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of LIST101, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
to publish de-identified or aggregate information about the use of the LIST101 Service; and
to allow other companies in the LIST101 group to use your information as specified in this Privacy Policy.

8. Information about cookies
A cookie is a small text file that is placed on your mobile phone. The cookie will help us to recognise your device the next time you use the Service. We use both session cookies (which expire once you close the Service) and persistent cookies (which stay on your device for a set period of time or until you delete them). Session cookies let LIST101 know if a user is currently logged in. Session cookies are also used to keep track of your preferences such as language and other regional settings. Persistent cookies are used if you choose to let LIST101 remember your log in information on a given device. Cookies are only used when essential to the functionality of the Service. By accepting this Agreement, you accept our use of cookies.
LIST101 furthermore uses Google Analytics to measure website traffic and user patterns. We do this in an effort to continuously improve the Service. Google Analytics store a permanent cookie to track where a given visitor is coming from (e.g. did the visitor follow a link from another website to get to LIST101). This cookie is stored on your device until it expires or you delete it. Google Analytics also stores a session cookie which is used to keep track of when and for how long a given user visits LIST101. This cookie is automatically deleted when you quit the LIST101 app, quit your browser or close the tab that shows the LIST101 website.

9. Term and termination
The Agreement will continue to apply to you until terminated by either you or LIST101. LIST101 may terminate the Agreement or suspend your access to the LIST101 Service at any time, including in the event of your actual or suspected unauthorised use of the LIST101 Service and/or Content, or non-compliance with the Agreement. If you or LIST101 terminate the Agreement, or if LIST101 suspends your access to the LIST101 Service, you agree that LIST101 shall have no liability or responsibility to you, and LIST101 will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your LIST101 account, please contact us via contact@list101global.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreement at any time. If the Agreement is terminated then you may, for the avoidance of doubt, not use the LIST101 Service.
Sections 4, 10, 11, 12, 13, 14, 15 and 16 herein, as well as any other sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.

10. Warranty and disclaimer
We endeavour to provide the best service we can, but you understand and agree that the LIST101 service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the LIST101 Service at your own risk. To the fullest extent permitted by applicable law, LIST101 and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, fitness for a particular purpose, or non-infringement. Neither LIST101 nor any owner of content warrants that the LIST101 Service is free of malware or other harmful components. In addition, LIST101 makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third Party Applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the LIST101 Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that LIST101 is not responsible or liable for any transaction between you and other LIST101 users or third party providers of Third Party Applications or products or services advertised on or through the LIST101 service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from LIST101 shall create any warranty on behalf of LIST101 in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
This does not affect your statutory rights as a consumer.

11. Limitation
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the LIST101 service is to uninstall any LIST101 software and to stop using the LIST101 Service. While LIST101 accepts no responsibility for Third Party Applications or the content thereof, and while your relationship with such Third Party Applications may be governed by separate agreement with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to LIST101, for any problems or dissatisfaction with Third Party Applications or the content thereof, is to uninstall and/or stop using any such Third Party Applications.
To the fullest extent permitted by law, in no event will LIST101, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the LIST101 Service, Third Party Applications, or Third Party Application content, regardless of legal theory, without regard to whether LIST101 has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose, to the extent permissible by applicable law.
Nothing in the Agreement removes or limits LIST101’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

12. Third party rights related to Apple.
If you have downloaded the Service from the Apple App Store or if you are using the app on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and LIST101 only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the app infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by LIST101 or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive LIST101’s or the applicable third party beneficiary’s right to do so.

14. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold LIST101 harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the LIST101 Service; and (4) your violation of any law or the rights of a third party.

15. Choice of law and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and LIST101 agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreement (and any non-contractual disputes/claims arising out of or in connection with them).
For the following countries the choice of law will be the laws of the State of California, United States, and the jurisdiction will exclusively be the State and Federal Courts of San Francisco County, CA, or New York, NY: United States, Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay
For all remaining countries, the choice of law will be the laws of Denmark and the jurisdiction will exclusively be the Courts of Denmark.
LIST101 does not accept any codes of conduct as mandatory in connection with the services provided under this Agreement.
Where permitted under the applicable law, you and LIST101 agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and LIST101 agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

16. Mandatory Arbitration
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 16 is enforceable, the following mandatory arbitration provisions apply to you:
You and LIST101 agree that any dispute, claim, or controversy between you and LIST101 arising in connection with or relating in any way to this Agreement or to your relationship with LIST101 as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
Exceptions
Notwithstanding the clause above, you and LIST101 both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and LIST101 will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by this Agreement, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the laws of Denmark, without regard to choice or conflicts of law principles.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). LIST101's address for Notice is LIST101GLOBAL ApS, Islands Brygge 79 A, 2300 Copenhagen S, Denmark.
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or LIST101 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LIST101 shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, LIST101 shall pay you (1) the amount awarded by the arbitrator, if any, or (2) the last written settlement amount offered by LIST101 in settlement of the dispute prior to the arbitrator’s award, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor LIST101 shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
Modifications
In the event that LIST101 makes any future change to this arbitration provision (other than a change to LIST101's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LIST101's address for Notice, in which case your account with LIST101 shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
Enforceability
If the class action waiver at Section 16 is found to be unenforceable in arbitration or if any part of this Section 16 is found to be invalid or unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to the Agreement.

17. Contact us
If you have any questions concerning the LIST101 Service or the Agreement, please contact LIST101 via contact@list101global.com.
Thank you for reading our Agreement. We hope you enjoy LIST101!
Contracting entity:
LIST101GLOBAL ApS Islands Brygge 79 A 2300 Copenhagen S Denmark
Company registration no.: 36894237

————————————

 

Privacy Policy
All the information we collect is related to providing the LIST101 Service and its features. By agreeing to this Agreement, you give us the right to collect the below mentioned information and use it for the purposes described.
By using or interacting with the Service, you are consenting to:
• the use of cookies and other technologies;
• the transfer of your information outside of the country where you live;
• the collection, use, sharing, and other processing of your information, including for advertising-related
purposes;
• the collection of your broad, non-specific location, which we derive from your IP address. Our Services
are location-specific, so we need to know what country and city you’re in; and
• the public availability of your information and the controls over such information.
In each case, you consent to the processing of data by the entities described in this privacy policy (the “Privacy Policy”), including the LIST101 entity, as data controller, indicated at the bottom of this document. You can withdraw you consent at any time, in which case the Agreement is considered terminated and you may not use the LIST101 Service
When you sign up for the Service, we may ask you for personal information. If you connect to the Service using credentials from a Third Party Application (e.g., Facebook or Instagram), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account.
We store the information for an amount of time deemed relevant by us for the purpose of delivering the best Service, while of course complying with applicable data protection rules. Information from Facebook and Instagram is either stored for a short or a long period. User information from the signup process is stored for a short period of time and includes information about posts generated by you, the amount of “likes” on your posts, the amount of friends you have and the amount of albums and photos in your galleries. Profile information is stored for as long a period of time deemed necessary to provide the Service to you and includes your first name, middle name, last name, e-mail, ‘about information’, birthday, education, gender, hometown, relationship status, work, website and picture.

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This may include information about your interactions with the Service and Third Party Applications, and User Content you post to the Service including messages you send and/or receive via the Service. This includes, for example, your “likes” and posts on Facebook. We may use cookies and other technologies to collect this information. However, please note that private messages sent between users via the Service are encrypted and not accessible to the public or to us.
We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your LIST101 experience but are not required to use the Service. For example, we might allow you to upload photos to your profile. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use LIST101, and acceptance of this Agreement does not mean you have granted us permission to access the information mentioned in this clause.
We will not access other information on your device, including your photos and contact, unless you specifically allow us to.
You are protected by data protection rules governed by the Danish Data Protection Agency, who can be contacted via e-mail on dt@datatilsynet.dk or by phone on +45 33193200, and you have the right to complain to the authorities.
If you ask us, we will inform you about the information we have gathered about you and you have the right to have such information corrected or deleted or the handling of such information restricted. This may however effect your use of the Service.

Using and sharing information
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
1 to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service;
2 to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
3 to communicate with you for Service-related or research purposes including via e-mails, notifications, text messages, or other messages, which you agree to receive;
4 to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your LIST101 account settings);
5 to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialling system; you are not required to provide consent as a condition of signing up for LIST101’s services;
6 to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
7 to process your payment or prevent or detect fraud;

8 to enforce this Agreement, and any other terms that you have agreed to, including to protect the rights, property, or safety of LIST101, its users, or any other person, or the copyright-protected content of the Service;
9 to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other LIST101 users; and
10 as otherwise stated in this Agreement.


Your first name, middle name, last name and picture will always be publicly available at all times on your LIST101 user profile, even if this information has not been publicly available on the Third Party Application from which the information has been gathered. Other information is private and only available to other registered LIST101 users. Some information, such as your birth year, is only visible to others, if you choose it to be.
Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can choose to post your LIST101 activity to Facebook. Similarly, you may consent to provide Third Party Applications with access to your information on the Service.
In some contexts, we will share certain information. For example, like most services, if you sign up for LIST101 through a third party like Facebook, we share some information with them and they share some information with us in order to enable your account. The information we gather about you is in accordance with your consent and for us to be able to deliver the Service. At the time being, we gather information from and share information with Facebook and Instagram. The consequences if not providing us with such information, or not allowing us to gather such information, will be that you cannot use the Service fully.
We may use your public information to promote the Service and to help others find and follow you and/or your LIST101 content, including through Facebook and other Third Party Applications and on websites that embed LIST101 widgets. Your information may be used to notify others, including within the Service, via e-mail, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined LIST101 or activity related to a LIST101 profile).
If you connect your LIST101 account to a Third Party Application, LIST101 may automatically share your activity and activity-related stories with that service. If you log into a Third Party Application with your LIST101 account, that Third Party Application may have access to certain information. You understand and agree that a Third Party Application’s use of information collected from you (or as authorised by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and LIST101’s use of such information is governed by the Privacy Policy section of the Agreement and your LIST101 account settings.
We may share information with advertising partners in order to send you promotional communications about LIST101 or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. Please note that we have strict anti-spam policies, which for instance does not allow third parties to contact you without your prior approval.
In addition to the above, we may also share your information with third parties for these limited purposes:
• to allow a merger, acquisition, or sale of all or a portion of our assets;
• to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is
necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of LIST101, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
to publish de-identified or aggregate information about the use of the LIST101 Service; and
to allow other companies in the LIST101 group to use your information as specified in this Privacy Policy.

Information about cookies
A cookie is a small text file that is placed on your mobile phone. The cookie will help us to recognise your device the next time you use the Service. We use both session cookies (which expire once you close the Service) and persistent cookies (which stay on your device for a set period of time or until you delete them). Session cookies let LIST101 know if a user is currently logged in. Session cookies are also used to keep track of your preferences such as language and other regional settings. Persistent cookies are used if you choose to let LIST101 remember your log in information on a given device. Cookies are only used when essential to the functionality of the Service. By accepting this Agreement, you accept our use of cookies.
LIST101 furthermore uses Google Analytics to measure website traffic and user patterns. We do this in an effort to continuously improve the Service. Google Analytics store a permanent cookie to track where a given visitor is coming from (e.g. did the visitor follow a link from another website to get to LIST101). This cookie is stored on your device until it expires or you delete it. Google Analytics also stores a session cookie which is used to keep track of when and for how long a given user visits LIST101. This cookie is automatically deleted when you quit the LIST101 app, quit your browser or close the tab that shows the LIST101 website.