QuantifyNinja.com is a service provided by Shir Estate in Tel Aviv, Israel. This agreement was last updated on June 22, 2016.
Description of Service
Quantify Ninja is a service for 3rd party Amazon Sellers. It allows these sellers to send automatic email notifications to customers who place orders through Amazon. A user may customize which orders receive automatic emails and may customize the content of those messages and when they are sent. The purpose of these emails is to effectively and automatically communicate with customers, primarily to solicit feedback on Amazon and to proactively ask to correct problems with customers’ orders before they leave negative feedback.
You must be 18-years old to use the service. You also must have an active Amazon “Sell Professionally” account in order to use the service. Additionally, you must complete the registration through MWS (Amazon Marketplace Web Service) and provide the proper credentials. By using the service, you warrant that you have permission to access the Amazon Seller account for which you register.
When you submit any information on our Site and Services, including your home country and tax obligations, it shall be deemed as your warrant that submitted information is true, accurate, complete, current, and updated. Shir Estate LTD. shall not be liable for any claims or consequences that may arise from your submitted information or failure to submit the required information.
Privacy and Security
Your privacy and the security of your account is very important to us. We use encryption on any areas of the site that contain sensitive information such as credit card numbers, account credentials, or customer information.
All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of Shir Estate. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. You will not attempt to reverse-engineer the product for any reason.
When using this service you agree to comply with all laws and regulations. You also agree to comply with Amazon’s Policies and Guidelines as well as any other Amazon policies. You may not use our service to engage in fraud or other illegal activity, or advocate illegal activity. You may not use our service to infringe upon or violate any right of a third party.
You will not use the service in any manner that will interfere with the proper functioning of the site for any other users. You will not use any web bot or spider to access the service.
You acknowledge that we may monitor and measure usage of the system to ensure compliance with these conditions. Failure to comply with any of these conditions may result in the immediate closure of your account without any refunds or credits.
Passwords and Account Access
You will at all times maintain the confidentiality of your user names and passwords. In the event there is a breach of security through your account, you must immediately change your password.
You agree to waive all claims against Shir Estate in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold Shir Estate harmless in the event Shir Estate incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.
How Is Your Personal Data Used?
We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, by contacting [email protected] (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.
We may use Personal Data we collect about you on its own or combine it with other information we have about you to:
• To create user accounts and/or profiles through registration;
• Perform internal operations, such as tracking and improving the effectiveness of our website, mobile experience, and marketing efforts;
• Provide product and/or Service fulfillment, such as creating accounts, managing purchases, payments, and more;
• Personalize user experiences, such as remembering your settings
• Provide support;
• Help us determine whether you may be interested in new products or services
• Development and testing of new features. Testing is done in a ‘sand-box’ environment, meaning not on the production server so that the user’s account is not affected by it.
• Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements;
Only authorized employees have access to your Personal Data.
We will not sell your Personal Data to third parties for their use without your consent.
Fees and Payments
You agree to pay all fees associated with using the service. All fees are in US Dollars. You must provide a credit card number to use the service in excess of any of the free accounts. Payment will occur automatically on or about the day shown on the website. In the event that your payment fails or is disputed, we may collect payment via other means including but not limited to collection agencies. Each of the fees – once paid are non-refundable and non-creditable.
Shir Estate reserves the right to limit the number of messages sent from an account if it deems, at its sole discression, that an account is using excessive resources.
Abuse, Suspension, Termination
Without limiting our other remedies, we may limit, suspend, or terminate our service and your account at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event Shir Estate limits, suspends, or terminates your account, all monies paid to Shir Estate are non-refundable.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will Shir Estate be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from (a) the use of, or the inability to use, the Quantify Ninja website, or (b) the conduct or actions, of any user of the QuantifyNinja.com website or any other person or entity, even if we have been advised of the possibility of such damages. In the event Shir Estate is found liable, Shir Estate total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.
The QuantifyNinja.com website and services are provided on an as-is basis and without warranty or condition, express, implied or statutory. Shir Estate, its suppliers and distributors, specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Shir Estate reserves the right to cancel inactive accounts at our sole discretion and without notice. Customers may cancel the service at any time by emailing our customer support or clicking the Contact Us link.
By accepting this Agreement, you agree to indemnify, defend, and hold Shir Estate and its related parties harmless from all claims, judgments, costs, expenses, liabilities or attorneyï¿½s fees.
The enforcement of this agreement shall be interpreted under the laws of Israel. The venue for any legal action shall be in Tel Aviv, Israel.
What we may collect
Shir Estate LTD. will collect the following type of information on this website:
- Registration, subscription, or account information such as your name, contact number, email address, and office address, etc.
- Billing information such as credit card, PayPal subscription account, and billing address.
- Activity related information such as purchased subscription, defaults, breaches, violations, disputes, arbitrations, and other information related to your sales analytics or preferred marketing strategies on Quantify Ninja.
- Events related information such as interests or response to promotional offers or events being organized or sponsored by Shir Estate LTD.
- Browsing information such as your browser type, operating system, IP address, search history, entry and exit pages, clicked ads and links, total time on the website, and other details or metadata related to your use of the Services.
However, we will never use any kinds of automated tools and techniques to collect your identifiable information on Quantify Ninja or this website. Any information that can be used or combined with other information to uniquely identify you will be collected only when you voluntarily submit the information to create your account, subscribe to any service, submit your feedback, or participate in promotional events or offers.
Please acknowledge that we may use third party services (Google AdMob, AdSense, Analytics, Facebook, etc.) to monetize, analyze, evaluate, and improve the Services on/through Quantify Ninja. These third parties may employ their own cookies to collect your personal information in relation to their services or ad serving on/through Quantify Ninja. Using the Services on Quantify Ninja or this website shall be deemed as your consent to these third party cookies.
You may configure your device or web browser to reject cookies and tracking tools from this website. However, you should understand that cookies are required for the proper functioning of the Services and refusing them may prevent you from using certain features or services on this website.
How we may use your information
We will use or share your personal information solely for making a simple and straightforward presentation of your sales analytics and helping in your email marketing to the targeted audiences. To be more specific, we will use your personal information to:
- Consolidating and presenting your sales or growth analytics in the most comprehensible statistical form.
- Understanding the demographic profile of your potential clients, customers, or the leads.
- Automating your email marketing campaign, scheduling emails and targeting users, and providing engagement analytics.
- Tracking your preferences and offering customized services, information, or content you might be looking for.
- Receiving your feedback, resolving technical issues, and improving the features or services on this website.
- Evaluating your marketing strategies, optimizing the Services and improving your overall experience on Quantify Ninja.
Sharing and Disclosure
Shir Estate LTD. reserves a right to share your personal information with its trusted service providers or other third parties, who make it possible to analyze your sales information, make statistical presentations, and reach your targeted audiences. However, we do not disclose, sell or lease your personal information for direct marketing purposes unless you give your consent to receive exclusive deals and promotional offers from third party businesses or marketing companies.
When sharing your personal information with the service providers or other third parties, no additional information will be disclosed except what may be required for them to perform/deliver their services in a hassle-free manner. In case we disclose or share any user data with the service providers or other third parties, the user-data will be aggregated and when feasible, made anonymous before such sharing. Please acknowledge that Shir Estate LTD. may share the user-data with service providers or other third parties to help them perform certain internal functions or facilitate in their targeted ads placing.
Shir Estate LTD. also reserves a discretionary right to disclose any information, personal identity, record, communications, or content to relevant authorities or other third parties when it believes that such disclosures are required to:
- Prevent unauthorized access or activities on this website.
- Protect its business or legal rights, or the rights, property, safety, and well-being of other users or the general public.
- Comply with the applicable laws, subpoenas, government regulations, or the court rulings.
- Co-operate with the investigating agencies or enforce its policies and guidelines for using the Services.
- Facilitate merger, acquisition, or transfer of its business, in whole or parts thereof, in a smooth and hassle-free manner.
Your privacy on this website/Quantify Ninja is very important to us. We have implemented industry standard security procedures and protocols to ensure that your privacy on this website is never compromised. However, the Service involves the international transmission of data over mobile networks and the Internet. Absolute security of data transmissions is not possible and you shall bear all the risks that may be involved in using the Services over the mobile networks or the Internet.
All third parties who may access your personal information will be obligated to protect and adequately secure your personal information. However, Shir Estate LTD. shall not be liable for any subsequent violations of your privacy rights by such third parties. Please use the Services at your own risk and discretion.
Shir Estate LTD. shall not be liable for any loss, damage, liabilities, claims, or consequences that may arise due to unauthorized access, breach of data transmissions, hacking, abuse, misuse, alteration, deletion, loss, or any compromise of your privacy on Quantify Ninja or this website.
You can take the following measures to manage your Privacy on Quantify Ninja:
- You can modify your Amazon account and remove any information that you do not want to share with your existing or potential clients/customers.
- You can configure your device or web browser to reject cookies and tracking tools from this website.
- You can unsubscribe from our newsletter service and revoke your consent to receive promotional offers from third parties in case you have already given this consent. Just follow the unsubscribe link at the bottom of any commercial email.
- You can cancel your subscription and discontinue the Services. Your account and associated information on Quantify Ninja will be permanently deleted except what we may be required to retain due to any business or legal obligations.
Third Party Websites
This website/Quantify Ninja may contain ads or links to third party websites. Please acknowledge that we do not endorse, recommend, or renounce any product, service, or content being featured or made available on the linked third party websites.
Shir Estate LTD. shall not be liable for any loss, damage, liabilities, or claims that may occur due to any violation of your privacy rights in relation to your access, reliance, or use of any product, service or content being featured by third party websites.
If you are located in California, you can request our privacy officer to inquire about the third parties who have access to your personal information and request the details of all such third parties to whom we may have disclosed your personal information immediately preceding the current year. However, we may refuse your request if such disclose is not allowed under the applicable laws or regulations.
We are fully compliant with the Children’s Online Privacy Protection Act or similar legislations in your jurisdiction. The Services are intended for legally mature users. If you are not attained the age of legal maturity in your jurisdiction, it shall be deemed that you are using Quantify Ninja/Services under the guidance and supervisions of your legal guardians. In any case, minors of less than 13 years of age are not allowed to use the Services.
However, if you suspect that any minor has submitted his or her personal information on this website, whether accidentally or otherwise, please contact our privacy officer at [email protected] and we will make commercially reasonable efforts to remove such information from the website/servers. However, it may take some time to remove any information of the minors from the backup servers. Shir Estate LTD. reserves a right to delete any and all personal information of minors on this website in its sole discretion.
If you have any question or concern regarding this privacy statement, please send your queries or feedback to [email protected]. You can also write to:
Shir Estate LTD.