Privacy and Legal

General

Please read these Terms carefully before using the Ginga App. By accessing, browsing, or using the Ginga App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the App.

The author may modify all or any part of these Terms of Use, and the products and services mentioned in this App, at any time, at its sole discretion, without notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of this App after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this App.

The author reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Trademarks

The trademarks, logos, and service marks ("Marks") displayed on this App are the property of the author or other third parties. You are not permitted to use these Marks without the prior written consent of the author or such third party which may own the Mark.

Copyrights

The information on this App is protected by copyright, the terms of which must be observed and followed. This app and all content in this app may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without the author's prior written consent, except that the author grants you non-exclusive, non-transferable, limited permission to access and display the content within this app, solely on your device and for your personal, non-commercial use of this App. This permission is conditioned on your not modifying the content displayed on this app, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this app. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this app with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this app will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, the author does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this app on another app or in any other media.

Certain disclaimers

Information on this App is not promised or guaranteed to be correct, current, or complete, and this app may contain technical inaccuracies or typographical errors. The author assumes no responsibility (and expressly disclaims responsibility) for updating this app to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this app.

The author provides no assurances that any reported problems will be resolved by the author, even if the author elects to provide information with the goal of addressing a problem.

Confidential information

The author does not want to receive confidential or proprietary information from you through our App. Please note that any information or material sent to the author will be deemed NOT to be confidential. By sending the author any information or material, you grant the author an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that the author is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this app will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to the author for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the section of this App entitled "Privacy" for information regarding the author's privacy policies.

Global availability

Information the author publishes on the World Wide Web may contain references or cross references to the author's products, programs, and services that are not announced or available in your country. Such references do not imply that the author intends to announce or make available such products or services in your country.

Linking to this app

The author permits anyone to link to this App subject to the linker's compliance with the following terms and conditions: A site that links to the author's:

• May link to, but not replicate, content contained in the author's app;
• Must not create a border environment or browser around content contained in the author's app;
• Must not present misleading or false information about the author's services or products;
• Must not misrepresent the author's relationship with the linker;
• Must not imply that the author is endorsing or sponsoring the linker or the linker's services or products;
• Must not use the author's logos or trademarks without prior written permission from the author;
• Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate;
• Must not contain materials that would violate any laws;
• Must agree that the link may be removed at any time upon the author's request pursuant to the author's reserved rights to rescind its consent to allow the link.

Collection and use of technical information

Technical details in connection with visits to this App are logged by the author for our statistical purposes. No information is collected that could be used by us to identify app users. The technical details logged are confined to the following items:

• the IP address of the visitor's web server
• the top-level domain name used (for example .ie, .com, .org, .net)
• the previous website address from which the visitor reached us, including any search terms used
• clickstream data which shows the traffic of visitors around this app (for example pages accessed and documents downloaded)
• the type of web browser used by the App visitor.

The author will make no attempt to identify individual visitors, or to associate the technical details listed above with any individual. It is the policy of the author never to disclose such technical information in respect of individual App visitors to any third party other than the web statistics service provider unless obliged to disclose such information by a rule of law. The technical information will be used only by the author, and only for statistical and other administrative purposes. You should note that technical details, which we cannot associate with any identifiable individual, do not constitute "personal data" for the purposes of the Data Protection Acts, 1988 & 2003.

Use of cookies

This App uses cookies to enhance the users' experience. Cookies are small text files that are placed on your device by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

The cookies listed below are used to collect information about how visitors use this App. This information is used to compile reports and to help us improve the App.

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The above cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Click here for an overview of privacy at Google. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

By law web browsers allow control of cookie usage through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the laws of Ireland without regard to choice of law provisions.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

DISCLAIMER OF WARRANTY

USE OF THIS APP IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE AUTHOR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE AUTHOR MAKES NO WARRANTY OR GUARANTEE THAT THIS APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR DEVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR RIGHTS

The following rights (which may be subject to certain exemptions or derogations) apply to individuals, some of which are protected by the GDPR:

You have the right to access Personal Data held about you. Normally, your right of access can be exercised free of charge; however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law.

You have the right to request that we correct any Personal Data that we hold that is inaccurate or misleading.

You have the right to request the erasure of Personal Data that relates to you. Please note that there may be circumstances where we are required to retain your Personal Data, such as for the establishment, exercise, or defense of legal claims.

You have the right to object to or request restriction of processing. However, there may be circumstances in which we are legally entitled to refuse your request.

You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used, and machine-readable format and that you have the right to transmit that data to another controller.

You have the right to object to profiling.

You have the right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place of work, or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority.

You have the right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, particularly if the processing is required to meet our legal and regulatory obligations.

You also have the right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, acknowledging that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at info@gingatracker.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information to fulfill your request. When processing your request, we may ask for additional information to confirm or verify your identity and for security purposes before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. If your request would adversely affect the rights and freedoms of others (e.g., impacting confidentiality obligations), or if we are legally entitled to handle your request differently than initially requested, we will address your request to the fullest extent possible, in accordance with applicable law.

ACCOUNT DELETION REQUEST

To delete your account, please contact us at info@gingatracker.com. Upon account termination, any connection between your account and stored information will no longer be accessible through your account. Please note that while you may exercise your data protection rights under Section 5 for such information, certain exemptions or provisions may apply due to the nature of shared content on our services. Any public or team activities associated with your account before deletion may remain stored on our servers and accessible to the public or team, as permitted by data protection laws.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE AUTHOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS APP ANY USE OF THIS APP OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS APP, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE AUTHOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this app. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.