Legal
OVE, Inc.3423 Fillmore Street
San Francisco CA, 94123 USA.
Contact: contact@ovetouchngo.com
Effective Date: May 1st, 2022
Privacy Notice Policy
Our privacy notice governs the privacy practices of our website www.ovetouchngo.com, software as a service, and mobile app, collectively and hereinafter called Platform. Our privacy notice tells you what personal data and nonpersonal data we collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have concerning your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our Platform.
Definitions
‘NONPERSONAL DATA’ (NPD) is information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. (CCPA) means California Consumer Privacy Act.
Topics Covered in Our Privacy Notice
1. Your Rights
Contact us using the information at the top of this privacy notice to exercise any of your legal rights contained within this privacy notice.
Our policy is that we do not sell our users and customers PD except in the sale or merger of our business. See the section about “Disclosures to Successors” in this privacy notice. The provision below is only here because it is required by law that we include it. You have the right to request that we do not sell any of your personal information.
Personal information for this section means but is not limited to a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when they are not encrypted: driver’s license number, driver authorization card number, or identification card number. Account number, credit card, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account. If you wish to make this request, you can email us at contact@ovetouchngo.com telling us that you do not want to have any of your personal information sold. Include enough personal information so that we can reasonably verify your identity. We will respond to your request within 30 days after receiving it.
1a. Your Privacy Rights Under the CCPA
Californian consumers have certain rights under the CCPA. For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity. These rights include:
-
The right of Californians to know what personal information is being collected about them.
-
The right of Californians to know whether their personal information is sold or disclosed and to whom.
-
The right of Californians to say no to the sale of their personal information.
-
The right of Californians to access their personal information.
-
The right to data portability. Californians have the right to request their personal information that they provided to us and use them for their own purposes. We will provide Californians their personal information within 30 days of their request.
-
The right of Californians to the deletion of their personal information.
-
The right of Californians to equal service, price, and not being discriminated against even if they exercise their privacy rights.
-
One or more designated means for Californian consumers to submit requests under the CACPA including (at minimum) a toll-free telephone number, and if the business maintains an Internet website, a website address.
-
The right of Californians to designate an authorized agent to request on their behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.
Personal information includes:
-
categories of personal information that a business collected about the consumer;
-
categories of sources from which the personal information was collected;
-
specific pieces of personal information that the business has collected about consumers;
-
categories of third parties with whom the business shares personal information;
-
the business or commercial purpose of collecting or selling personal information.
2. Information We Collect and How We Collect
Generally, you control the amount and type of information that you provide to us when using our Platform.
2a. At User and Member Registration or When Buying Products or Services
We may collect some or all of the following information depending on your business relationship with us: your full name, residential address, email address, mobile phone number, gender, fingerprint data, selfie, citizenship status, date of birth, an image of government-issued ID, or passport, or image of driver’s license, credit card information, name of business entity, EIN, state of incorporation, type of business, business address, business email, and customer service contact information.
2b. Google API
By using our Platform, you are subject to the Google Privacy Policy and Terms of Service.
When collecting and processing user data, including PD from Google APIs, we will follow Google API Services User Data Policy. We also require that our employees, contractors, agents, and successors comply with the Google API Services User Data Policy.
2c. Automatic Information
We automatically receive information from your web browser or mobile device. This information may include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our Platform. We use all this information to analyze trends among our users to help improve our Platform.
2d. When Entering and Using Our Platform
When you enter and use our Platform and agree to accept cookies, some of these cookies may contain your PD.
2e. Our Use of Cookies
Our Platform uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites and other technologies. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies you are giving us and the third parties with which we partner permission to place, store, and access some or all the cookies described below on your computer and or mobile device.
-
Strictly Necessary Cookies - These cookies are necessary for the proper functioning of our Platform, such as displaying content, logging in, validating your session, responding to your request for services, and other functions.
-
Performance Cookies - These cookies collect information about the use of our Platform, such as pages visited, traffic sources, users’ interests, content management, and other measurements.
-
Functional Cookies - These cookies enable our Platform to remember users’ choices, such as their language, usernames, and other choices while using our Platform. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on our Platform.
-
Media Cookies - These cookies can be used to improve our Platform’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
-
Advertising or Targeting Cookies - These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
-
Session Cookies - These cookies allow our Platform to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse our Platform. Session cookies also permit users to be recognized as they navigate our Platform so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long-term.
-
Persistent Cookies - These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or targeting advertising to them.
We may also use cookies for:
-
identifying the areas of our Platform that you have visited;
-
personalizing the content that you see on our Platform;
-
our Platform analytics;
-
remarketing our products or services to you;
-
remembering your preferences, settings, and login details;
-
targeted advertising and serving ads relevant to your interests;
-
affiliate marketing;
-
allowing you to post comments;
-
allowing you to share content with social networks.
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our Platform correctly or at all.
2f. Accessing Your Camera
We only access your device camera with your permission. If you need to update your permissions, you can do so in your device’s account. We only enable your Bluetooth and notifications with your permission. If you need to update your permissions, you can do so in your device’s account. Please remember that we may, but have no obligation to, monitor, record, and store usage Information to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or for other reasons relating to our services. By using our Platform, you are giving your express consent to the recording, storage, and disclosure of such information accessed through your device camera.
2g. Accessing Your Contact List
We may access your contact list on your device so that you can identify and direct the invitation of your contacts. We store and use this information to suggest referrals or connections and for other reasons related to our services. We make these recommendations based on your contact list information as well as, the consent of your contacts and if they are also one of our customers. We only access your contact list information with your express consent. If you provide us with personal data from your contact list, it is your responsibility to ensure that the communication of such data to, and further processing by us is agreed to by your contacts. For example, when you provide us with information about your contacts, we may use it to let you know which of your contacts have also signed up for our Platform or, at your exclusive direction, send messages to your contacts regarding our Platform. We will not send messages to your contacts that are not explicitly directed by you and agreed by them.
2h. Additional Information Collected
We may collect additional information that you submit by way of focus groups, contests, sweepstakes, job applications, customer support, or other similar means. We may also collect any communications between us and you (including recording calls made to or by us) and any other information you provide to us.
2i. Identity Verification
To have an account with us, all users must verify their identity through our third-party integration Jumio India Pvt. Ltd. ("Jumio"). By utilizing these services, you acknowledge and agree that the terms of Jumio's Privacy Policy (currently located at https://www.jumio.com/legal-information/privacy-policy/jumio-corp-privacy-policy-for-online-services/ will govern Jumio's use of such information, and you expressly agree to the terms and conditions of Jumio's Privacy Policy. Further, you expressly grant Jumio the right, power, and authority to access and transmit your information as reasonably necessary for Jumio to provide the identity verification, ID verification, and information extraction to us.
2j. Web Beacons
We may also use a technology called web beacons to collect general information about your use of our Platform and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.
2k. Collecting Information About Your Physical Location
When you use our Platform, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices.
2l. Chat Software or Contact Forms
Our Platform contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to give us. You should limit the information you give to us to one that is necessary to answer your questions.
2m. Google Ad and Content Network
Third-party vendors, including Google, use cookies, pixels, and other technologies to serve ads based on a user's past visits to our Platform. These technologies are also used to track your activities on our Platform and other websites, including the web pages that you visited, the ads or content that you clicked on, any items you may have purchased, and the search terms you used to deliver tailored advertising to you. Users may opt out of the use of Google’s cookies for interest-based advertising by visiting http://www.aboutads.info/choices/. For European users visit http://www.youronlinechoices.eu
2n. Google Analytics
Our Platform uses Google Analytics to collect information about the use of our Platform. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our Platform, what pages they visit, and what other websites they have used before coming to our Platform. We use the information we get from Google Analytics to analyze traffic and improve our marketing, advertising, and Platform. We do not combine the information collected using Google Analytics with PD. You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
2o. Google Remarketing
Our Platform uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing, you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit. The website’s owner might like to encourage you to revisit their website and buy a computer by showing you their ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen Google will read a cookie that is already in your browser or place a cookie in your browser when you visit our Platform or other websites using remarketing. You can opt-out of Google’s use of cookies and remarketing at this link https://support.google.com/ads/answer/2662922?hl=en or you can opt-out using the Network Advertising Initiative opt-out page at http://optout.networkadvertising.org/#!/.
2p. Facebook Remarketing
Third parties, including Facebook, may use first-party cookies, third-party cookies, web beacons, and other storage technologies to collect or receive information from our Platform and elsewhere on the Internet, and use that information to provide measurement services and target ads. With Facebook remarketing, you may see our ads on Facebook after you have used our Platform. For this to happen Facebook uses unique cookies that are activated and placed in a visitor’s browser when they land on a webpage. To opt-out of Facebook’s collection and use of information for ad targeting visit https://www.facebook.com/help/568137493302217
2q. What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, you will not be able to create an account.
3. Retaining and Destroying Your PD Including Biometric Information
We never collect, use or store fingerprint images in our system, we generate a hash that represents your fingerprint. We use hashes to identify and authorize which payment information (bank accounts, credit cards, and cryptocurrencies) you want to use to pay for your purchase and to protect you against payment fraud at checkout when buying products or services at brick-and-mortar locations. Fingerprint scans will be encrypted and stored along with other personal data (PD) according to our privacy notice provision about retaining and destroying your PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it, OR within 3 years of your last interaction with our company, whichever occurs first.
4. How Your Information is Used and Shared
We use the information we receive from you to:
provide our products and services you have requested or purchased from us;
-
personalize and customize our content;
-
send you transactional information;
-
make improvements to our Platform;
-
contact you with updates to our Platform;
-
conduct research and analytics;
-
resolve problems, disputes, and comply with applicable laws;
-
contact you with marketing and advertising that we believe may be of interest to you.
4a. Communications and Emails
When we communicate with you about our Platform, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our Platform or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the contact information at the top of this privacy notice.
4b. Sharing Information with Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. At times, we give your PD to third-party service providers whom we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
4c. Text Messaging, SMS, Push Notifications, Telephone Calls, and Email
If you provide an email address, mobile telephone number, or landline telephone number to us, you are giving your express consent and authorize us or a third-party to contact you by using any of these communication methods. You are not required to give us your consent to contact you through these communication methods. However, withholding your consent may interfere or prevent us from providing some or all of our services to you. You can stop receiving emails, text messages, push notifications, and telephone calls at any time by contacting us or using one of our opt-out methods.
4d. Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal processes; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and or other users; or (e) necessary to protect the legal rights, personal and or real property, or the personal safety of our company, users, employees, and affiliates.
4e. Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing our Platform to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
4f. Community Discussion Boards, Blogs, or Other Mechanisms
Our Platform may offer the ability for users to communicate through online community discussion boards, blogs, or other mechanisms. If you choose to post on these discussion mechanisms, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings. Also, PD which you post on our Platform for publication may be available worldwide on the Internet. We cannot prevent the use or misuse of such information by others.
5. Updating Your PD
You can update your PD using services found on our Platform. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
6. Protecting The Privacy Rights of Third Parties
If any postings you make on our Platform contain information about third parties, you agree to make sure that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified if such postings violate the privacy rights of others.
7. Do Not Track Settings
Some web browsers have settings that enable you to request that our Platform not track your movement within our Platform. Our Platform does not obey such settings when transmitted to and detected by our Platform. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
8. Links to Other Websites
Our Platform may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites, and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these Platforms are solely at your risk. It is your responsibility to check the privacy notices of these Platforms to see how they treat your PD.
9. Protecting Children’s Privacy
Even though our Platform is not designed for use by anyone under the age of 18, we realize that a child under the age of 18 may attempt to access our Platform. We do not knowingly collect PD from children under the age of 18. If you are a parent or guardian and believe that your child is using our Platform, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our Platform, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.
10. Our Email Policy
You can always opt-out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our company, or if our company files for bankruptcy.
11. Our Security Policy
We have built our Platform using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. Unfortunately, we cannot guarantee the prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our Platform and not share it with anyone.
12. Use of Your Credit Card
You may have to provide a credit card to buy products and services from our Platform. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
13. Changes to Our Privacy Notice
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our Platform so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise, we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our Platform, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us through the information at the top of this privacy notice.
Copyright © James Chiodo - This document or any portion of it may not be copied or duplicated without a license from OVE Touch & Go.
Biometric Policy
Consent to Collection and Storage of Biometric Data
By using the Services, you consent to OVE's collection, storage, and use of your Biometric Data in accordance with the terms of this Biometric Data Policy.
What is Biometric Data?
Biometric data is identifying information related to your biometric or physical characteristics that may be used to identify you. Examples of common forms of biometric data that you may use in your daily life include fingerprints, voiceprints, veins in your palm, facial recognition, and iris or retina recognition. When OVE talks about “Biometric Data”, we are referring to certain physical information we collect about you (such as your fingerprint) in order to identify you individually and provide you our resources and services through our Websites, applications, devices, and APIs (the “Services”).
How does OVE collect your Biometric Data?
When you sign up for an OVE account, you will provide certain Biometric Data on the OVE Touch & Go Sensor. OVE collects that Biometric Data and then encrypts and stores it on OVE’s data servers, which OVE will use to identify you when you want to use the Services. OVE does not collect, capture, receive or otherwise obtain your Biometric Data without notifying you in writing in advance or without your consent or without the consent of your legally authorized representative. You may decline to provide your Biometric Data. However, if you decline to provide Biometric Data, certain Services that require the use of such data will be unavailable to you. You may also experience a loss of functionality of some or all the Services that we provide.
Is your Biometric Data secure?
OVE takes your Biometric Data security seriously. OVE implements industry-standard data security technology to ensure that your Biometric Data is as secure as possible. We implement access controls and monitoring tools to ensure that only authorized personnel have access to sensitive data. Our commitment to safeguarding your information is reflected in our use of third-party secure data storage providers with a proven record of robust and reliable infrastructure adhering to industry-leading security standards. You can read our privacy policy notice if you would like to see how we protect your Biometric Data.
How does OVE use your Biometric Data?
To use the Services, for example when making a purchase at a point of sale, you will use an OVE Touch & go Sensor designed to collect your Biometric Data, which will be encrypted and sent to OVE. When you scan your finger at a device or kiosk, your scan will be compared with the Biometric Data you provided when you enrolled and signed up for your OVE account. If it is a match, your transaction will be approved and your account will be charged for the purchase. Similarly, if you are seeking to access designated spaces through the Services, you will scan your fingerprint at a device (OVE Touch & Go Sensor) to gain access to such spaces.
Will OVE use your Biometric Data to enhance its services?
OVE may use your Biometric Data to enhance its accuracy, services and products. This includes developing technologies and algorithms that work with images, video, and depth data. These technologies involve things like machine learning, algorithms, and other tools for things like focusing, color, contrast, classification, recognition, image processing, and immersive multi-media. By using OVE's services, you agree to let OVE use your Biometric Data for these purposes. You consent to such use of your Biometric Data, but OVE does not sell, lease, or trade your Biometric Data to any third parties or derive any profit in such a manner.
Does OVE share or sell your Biometric Data?
OVE does not sell, lease, or trade your Biometric Data to any third parties or derive any profit in such a manner. OVE may work with certain third parties to provide the Services to you, but only as necessary to provide you with such Services. OVE has agreements with third parties that will receive your Biometric Data where the third party has a legitimate need to deliver the Services to you. These third parties are required to keep your Biometric Data secret and secure. We do not disclose, re-disclose or otherwise disseminate your Biometric Data without your request or consent or without the request or consent of your legally authorized representative. However, in certain specific instances, we may be compelled to disclose your Biometric Data in cases where such disclosure or re-disclosure is required by State or federal law, or municipal ordinance, or when required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
How long does OVE keep your Biometric Data?
In order to deliver the Services to you, OVE stores and uses your Biometric Data as long as you have an active account with OVE. Your account is considered “active” so long as not more than one year has elapsed since your most recent access (unless you explicitly request an earlier closure of your account). Occasionally your biometric data may not be readable or recognized when you scan your finger on an OVE Touch & Go Sensor. The attempted scan will be immediately discarded on those occasions and you will be required to scan your finger again.
How do I delete my Biometric Data from OVE?
You may request that we delete your Biometric Data by notifying us at support@ovetouchngo.com. We reserve the right to maintain certain, limited non-biometric Personal Data that you provide for a period of up to five (5) years for purposes of maintaining legally required records for your various consents and authorizations.
What happens to your Biometric Data after you close your account?
After you close your account (or your account automatically closes, when it is deemed inactive), OVE will keep your Biometric Data on file for a reasonable time of up to one year, for reasons including fraud prevention. OVE will permanently destroy your Biometric Data on or before the one-year anniversary of the date that you cancel your account (or the one-year anniversary after the date that you last used your OVE account). After your account is closed, you will need to re-enroll and provide your Biometric Data to OVE again before you can use the Services.
Authorization for Electronic Signature and Consent
If you consent to the terms in this Biometric Policy, you agree that the Federal E-Sign Act (the “Federal Act”) and the Illinois Uniform Electronic Transactions Act (UETA) controls with respect to any requirement of your consent in the form of a valid electronic signature. You agree, understand, and give your consent by clicking the consent box to the Biometric Policy that your electronic signature is the legal equivalent of your manual/handwritten signature. You also give your consent to the use of your electronic signature. In order to access and retain electronic communications, You will need a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address; and sufficient storage space to save past Communications or an installed printer to print them.
ARKANSAS DISCLOSURE
The Personal Information Protection Act, Arkansas Code §4-110-103(7) (2019 Amendment) includes Biometric Data which it defines as “Fingerprints; Faceprint; A retinal or iris scan; Hand geometry; Voiceprint analysis; Deoxyribonucleic acid (DNA); or Any other unique biological characteristics.”
CALIFORNIA DISCLOSURE
Under the California Consumer Privacy Act (CCPA), Biometric Data is defined to include, among other things, physiological, biological or behavioral characteristics, including imagery of the hand, palm, and vein patterns from which identifying information can be extracted,
NEW YORK DISCLOSURE
The Stop Hacks and Improve Electronic Data Security (SHIELD) Act (2019) provides that certain biometric information is private information and defines biometric information to include fingerprints, voiceprints, retina or iris images, or other unique physical characteristics.
You may contact OVE, Inc. by emailing support@ovetouchngo.com or by mail to:
OVE, Inc.3423 Fillmore Street
San Francisco CA, 94123 USA.
Contact: contact@ovetouchngo.com
Effective Date: May 1st, 2022
Terms of Use
OVE Touch & Go is a free one-touch payment and fraud protection app that enables customers to link each of their fingerprints to personal bank accounts, credit cards, and cryptocurrencies, making their fingers the only tools they’ll need to make a purchase at a point-of-sale. One touch and the payment is securely authorized. This page represents a legal document and is the Terms and Conditions (Agreement) for our website (www.ovetouchngo.com), our Mobile App (OVE Touch & Go and OVE Touch & Go Business), collectively and hereinafter called “Platform”, and our OVE hardware unit (OVE Sensor).
Definitions
The terms “us”, “we”, and “our” refer to our company OVE, Inc. hereinafter referred to as the owner of our Platform. A “Visitor” is someone who merely browses our Platform. A “Member” is someone who has registered with us to use our Platform. The term “Customer’ is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Platform, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Topics Covered in Our Business Terms of Use
1. Acceptance of Agreement
This Agreement is between you and OVE, Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and OVE, Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
2. Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available for you to review by accessing your OVE Touch & Go app > click on “Menu” > click on “Support” > and click on “Privacy Notice”., or at our website www.ovetouchngo.com/generalprivacynotice-documentation.
3. Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to – intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
4. Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in San Francisco California and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
5. Limited License
OVE, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal and personal purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
6. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.
7. Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and OVE, Inc.
8. Our Intellectual Property
Our Platform may contain our service marks, patents, or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of OVE, Inc. Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.
9. Eligibility and Registration for Membership
To use our Platform, you must register with us to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Platform is intended solely for Customers who are at least (18) years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. OVE, Inc. has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation. When you complete the registration process, you will receive a pin that will allow you to access our Platform. You agree to maintain the confidentiality of your pin and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your pin. You agree to immediately notify us of any unauthorized use of your pin or any other breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with security as discussed herein.
10. Collecting Biometric Information
We never collect, use or store fingerprint images in our system, we generate a hash that represents your fingerprint. We use hashes to identify and authorize which payment information (bank accounts, credit cards, and cryptocurrencies) you want to use to pay for your purchase and to protect you against payment fraud at checkout when buying products or services at brick-and-mortar locations. Fingerprint scans will be encrypted and stored along with other personal data (PD) according to our privacy notice provision about retaining and destroying your PD. You can read our entire privacy notice at www.ovetouchngo.com/privacynotice.
11. Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. OVE, Inc. reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.
12. Disclaimer
Our Platform may publish content supplied by third parties, customers, advertisers, businesses, and sponsors. OVE, Inc. has little editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers and Customers of our Platform, are those of the respective author(s) and not of OVE, Inc. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties. You hereby acknowledge that nothing contained in our Platform will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and OVE, Inc. or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Platform.
13. Payment Processors
You understand that we have limited control over the products or services offered by third-party payment processors. These payment processors are responsible for the processing and billing when you make a purchase at businesses who are using our fingerprint payment processing technology.
14. Businesses
Other than the fingerprint payment processing technology we provide to businesses, we are not a party to the transactions entered into between you and businesses. You agree that use of or purchase from such businesses is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents, refund policies (including privacy notices), and operating procedures of businesses will apply to you while on any business website or their physical place of business.
15. Payments and fees
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company or cryptocurrency wallet, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and/or payment transaction fees and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment. OVE Touch & Go app is free for any customer and we don’t charge any setup, monthly or hidden fees. But any business that is part of OVE Touch & Go for Business (Our fingerprint payment system) has the option to include the payment transaction fee (3.05% + 30 cents) applied on the final price on each payment transaction.
16. Refunds
We are not responsible for the refund policies of businesses online or offline. Before you make a purchase with any business, you should review their refund and or return policy.
17. Warranty Disclaimer
OVE, Inc. is not responsible or liable in any manner for any Content posted on our Platform, whether posted or caused by Members of our Platform, or by OVE, Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. OVE, Inc. is not responsible for the online or offline conduct of any Customer of our Platform. Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. OVE, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
OVE, Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof–including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.
Under no circumstances will OVE, Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Customers of our Platform, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
OVE, Inc. INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. OVE, Inc. CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. OVE, Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OVE, Inc.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
18. Limitation of Liability
IN NO EVENT WILL OVE, Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF OVE, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OVE, Inc.’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
19. Member Conduct
Members may post their content through our Platform (Member Content). Members and Visitors understand that by using our Platform, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. OVE, Inc. is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, OVE, Inc. will submit all necessary information to relevant authorities.
If any Member Content is reported to OVE, Inc. as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by OVE, Inc. If the Member fails to meet such a request, OVE, Inc. has full authority to restrict the Member’s ability to post Member Content or to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Platform to infringe on the intellectual property rights of others in any way. In accordance with the “The Digital Millennium Copyright Act (DMCA)” and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Platform to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
-
Violates any local, state, federal, or international laws
-
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
-
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
-
Links directly or indirectly to any materials to which you do not have a right to link
-
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
-
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Platform
-
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
-
In the sole judgment of OVE, Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose OVE, Inc. our affiliates, or our Customers to any harm or liability of any type
Use our Content to:
-
Develop competing Platform
-
Create compilations or derivative works as defined under United States copyright laws
-
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
-
Decompile, disassemble, or reverse engineer our Platform, and any related software
20. Use of Information
You grant OVE, Inc. a license to use the information and materials you post to our Platform. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content'') to our Platform, you are granting OVE, Inc. its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of OVE, Inc. its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Platform, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
21. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
22. Linking to Our Platform
You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.
23. Links to Other Websites
Our Platform may from time to time contain links to third-party websites. The inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. OVE, Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
24. Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
25. Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.
26. Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
27. Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Platform. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Platform after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Platform.
Copyright © Neither this document nor any portion of it may be copied or duplicated.
California Opt-Out
Depending on where you live, you may have the right to request details about the personal information we have about you. We include this form and the following information on our website to comply with applicable state law(s). OVE does not and will never sell your information to third parties.
Additional ways to Opt-Out
You may obtain an opt-out form by emailing us or by written request.
OVE, Inc.3423 Fillmore Street
San Francisco CA, 94123 USA.
Support: support@ovetouchngo.com
Intellectual Property
Last updated: April 21st, 2024
Copyright, Trademark and Patent Policy
If you believe that third-party material hosted by OVE Touch & Go on any of our platforms or hardware devices, infringes your copyright, trademark or patent rights, please let us know by sending an email to support@ovetouchngo.com.
Copyright/Trademark/Patent Infringement Notice - Framework and Requirements
The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by OVE Touch & Go policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. OVE Touch & Go applies a similar framework to allegations of trademark infringement.
We send a copy of each notice we receive to the alleged infringer, if applicable.
To submit a notice alleging copyright, trademark or patent infringement, you need to provide us with the following information:
-
An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
-
A description of the material that you claim has been infringed: a. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; b. For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights. For patents rights, identify and describe the patent works, and provide a URL to your granted patent.
-
Identification of the claimed infringing material, including the URL(s)of such material on OVE’s applications, websites, services, and hardware;
-
Contact information, including the name of the owner of the copyright, trademark, or patent at issue and your name, title, address, telephone number, and email address;
-
A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright, trademark or patent owner, its agent, or the law; and
-
A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright, trademark, or patent owner or are authorized to act on behalf of the owner.
Copyright/Trademark/Patent Infringement Notice - Framework and Requirements
If you believe that third-party material hosted by, posted on, or accessible through OVE Touch & Go’s applications, websites, services and hardware infringes your copyright, trademark and patent rights, please send a notice of infringement to support@ovetouchngo.com.
By submitting the infringement notice, you acknowledge and agree that OVE Touch & Go or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.
Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your copyright, patent or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.
While the online form is the easiest and quickest way to submit your notice to us, if you prefer, you may also write to OVE’s designated agent at the following address. If you write to us, please be sure to provide all the information listed above.
OVE, Inc. Attn: Intellectual Property 3423 Fillmore Street, Apt 202 San Francisco, CA 94123, USA
Submitting a Counter-Notice to Challenge a Copyright/Trademark Infringement Notice
If your material has been removed or disabled as a result of an infringement notice and you believe that your material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to OVE Touch & Go’s designated agent at the address above.
The counter-notice must include:
-
Your physical or electronic signature;
-
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
-
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
-
Your name, address, and telephone number; and
-
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which OVE Touch & Go may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
OVE Touch & Go or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the copyright or trademark owner does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from OVE Touch & Go, then OVE Touch & Go may reinstate the removed or disabled material.
Right of Publicity and Personal Likeness Infringement Policy
If you believe that content hosted by, posted on, or accessible through OVE’s applications, websites, services, or hardware uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns at support@ovetouchngo.com.
Repeat Infringer Policy
OVE Touch & Go's policy is to suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally we will terminate an account if it is the subject of three valid infringement notices.
Trademark Notice
The following is a non-exhaustive list of where OVE’s trademarks "OVE Touch & Go®" has been granted:
1. United States of America (processing)
2. Canada
3. India
4. European Union
5. Australia
6. Brazil
7. Mexico (processing)
8. United kingdom (processing)
9. United Arab Emirates (processing)
10. Japan (processing)
Patent Notice
The following is a non-exhaustive list of where OVE’s patent "PAYMENT SYSTEM USING CUSTOMER'S FINGERPRINTS" has been granted:
(18/630,581)- Continuation
Third-Party Trademarks
PLAID is a trademark of PLAID Inc., registered in the U.S. and other countries. Other trademarks and brands are the properties of their respective owners.