Terms of Use

Last Updated Feb 27 2019

Shapeable (“Shapeable” “we” “us” and “our”) is an innovation consultancy and on-line platform. We map, design and put in place strategic on-line solutions to complex problems. We also build on-line multi-stakeholder platforms for common good.

Using a complex array of information technologies (such as indexes, graph data bases, design thinking tools and human-in-the-loop A.I.) Shapeable helps political, business and social leaders map their world and meet the challenges discovered there.

Shapeable owns, operates and makes available the website Shapeable.ai (“Shapeable”) to the user (“User”, “Users”, “you” and “your") of Shapeable under the following Terms of Use and our Privacy Policy.

Terms of Use

The Shapeable website make available materials such as indexes, graphs, apps, articles, guides, reports, videos, illustrations and other digital information including ideas. Any person who accesses or uses Shapeable agrees to the following terms and conditions, disclaimers and other provisions - some of which limit our liability. If you don't agree to, or follow the Terms of Use, you should not use or access our website.

Appropriate Use

Users must not:

  • limit or constrict the availability or quality of Shapeable features. Shapeable reserves the exclusive right to take any actions necessary to enforce this principle;
  • use Shapeable to post, submit or otherwise distribute unlawful, defamatory, abusive, obscene or offensive materials;
  • use Shapeable in any way that may violate third-party rights including (but not limited to) copyrights or privacy;
  • access or attempt to access Shapeable using interfaces aside from the ones provided by Shapeable.

Users must;

  • provide personal information as part of the registration to access and use the features on Shapeable;
  • That information must be accurate and up-to-date.;
  • Shapeable reserves the exclusive right to verify and deny access where data is incomplete, incorrect, inappropriate, misleading and or missing.

Users acknowledge that Shapeable is neither responsible nor liable for any harm resulting from:

  • use of Shapeable;
  • acting on information found on Shapeable;
  • downloading information contained on Shapeable;
  • downloads of content posted by subscribers;
  • unauthorised disclosure of information, images or data that result from the download or storage of content posted by Users;
  • the temporary or permanent inability to access or retrieve information from Shapeable;
  • harm caused by viruses, worms, trojan horses, or any similar contamination or destructive programmes.

Disclaimer

Shapeable is provided “as is” and “as available” with no express or implied warranties of any kind. This includes (but is not limited to) any implied warranties of:

  • fitness for a particular purpose;
  • merchantability;
  • non-infringement and;
  • title.

Shapeable disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with (or related to) the manner in which Users use Shapeable. Users assume total responsibility for their use of Shapeable, and to any linked sites. If this disclaimer is not enforceable under the applicable law, it may be modified at Shapeable’s sole discretion to a form that is enforceable.

Shapeable does not take responsibility for any content on Shapeable that is incomplete, inaccurate or not up-to-date.

Shapeable disclaims any and all liability to any person in respect of anything done, or omitted (in part or wholly) in reliance upon the contents of Shapeable.

Shapeable is not liable for any damage or corruption caused by viruses (or similar mechanisms such as worms, lock outs, metering or self-destruct mechanisms) on computers or other terminal equipment in connection with visiting, using and/or downloading data of any kind from Shapeable.

Users are responsible for protecting their own equipment from viruses and other risks on the Internet.

Shapeable reserves the right to track and/or remove content from Shapeable, but disclaims the obligation to do so.

Shapeable Content

Shapeable reserves exclusive proprietary rights to all content on Shapeable including, but not limited to, copyright, trademarks and other intellectual property rights, text, graphs, graphics, apps, maps, photographs, logos and any other items that appear on Shapeable. Shapeable also reserves proprietary rights over the Shapeable template, including layout and structure. Shapeable’s name and logo are registered trademarks of Shapeable. Shapeable Users are not authorized to use Shapeable’s logo.

Publications

The content of any articles published on Shapeable expresses the opinion of the author of the respective content. The content of articles published on Shapeable by authors other than Shapeable does not represent Shapeable’s endorsement of the views or content expressed within.

Use of Content

Users may make use of the content under the terms of Creative Commons Public License (“CCPL”); please see the terms of the CCPL

Shapeable reserves the right to revoke the CCPL at its sole discretion.

Under the license, Users may copy, distribute and use the Shapeable's work, in whole or in part, in the original or adapted form, provided that:

  • The intent and integrity of the work is maintained.
  • Users attribute the work to both the author and to Shapeable.
  • Attribution must not suggest that either Shapeable or the author endorse the User or their use of the work.
  • Users may not use this work for commercial purposes, but may contact Shapeable to discuss using the work for commercial purposes.
  • User may not alter, transform or build upon this work and present it as from Shapeable.

This CCPL does not apply to the Shapeable name and logo, nor to third-party materials, trademarks, names and logos, website, interface elements, graphic files, source code, photographs and videos.

Shapeable reserves all rights which have not been expressly granted.

Links to other Websites

Links on Shapeable may connect Users to external or third-party websites that may or may not be related to Shapeable, and as such may not be under its control. Shapeable is not responsible for the content of external or third-party websites. The presence of these external links does not represent Shapeable’s endorsement of the views or content on third-party websites, but instead are done for the purpose of the User’s convenience.

Navigating to external websites through links on Shapeable is done at the sole risk of the User.

Shapeable disclaims any liability for any content that appears on any external site.

Amendments

Shapeable may amend these Terms of Use at any time. Amendments will be effective immediately. Notice will be provided to the Users. Notice may be published on Shapeable itself. After posting the notice, the User’s continued use of Shapeable will be deemed as acceptance of the modified Terms of Use.

Waiver and Severability of Terms of Use

Failure of Shapeable to exercise or enforce any of our rights or there provisions contained here does not constitute a waiver.

If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties agree that the court should endeavour to give effect to the parties intention as reflected in the provision.

All other provisions herein will remain in full force and effect.

Applicable Law

These Terms of Use will be governed and interpreted by the laws of Switzerland, under exclusion of any conflicts of law's principles.

The exclusive place of jurisdiction is Geneva, Switzerland.

Privacy Policy

Last updated February 27th, 2019

This Privacy Policy stipulates the privacy practices for the Shapeable.ai website under the Shapeable.ai. (“Shapeable”) domain and Shapeable.ai mobile applications.

Shapeable (“Shapeable” “we” “us” and “our”) strives to comply with all applicable data protection laws. Our aim is to protect the User’s (“User”, “Users”, “you” and “your")  confidentiality and personal data.

Here, Shapeable would like to inform Users of the collection and use of personal data when accessing Shapeable.ai. This section covers the use of all personal data collected through Shapeable.ai and through questionnaires carried out by Shapeable on-line and during seminars and live events. Please read this Privacy Policy prior to entering personal data and using Shapeable.ai. If you have any questions or concerns about our use of your personal data, then please contact us using the contact details provided at the bottom of this Privacy Policy.

Any person who accesses to Shapeable.ai acknowledges that they have read and agree to be bound by the terms and conditions of the Terms of Use (above) and this Privacy Policy. They also acknowledge that they may be updated from time to time.

Identification of the controller

Shapeable, with registered offices in Switzerland, processes your personal data as a controller in accordance with applicable legislation with regard to the processing of personal data, namely Regulation (EU) 2016/679 of the European Parliament, and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”) and any applicable national data protection acts, including the Swiss Data Protection Act (hereinafter “Data Protection Law”).

Personal Data We Collect

Shapeable collects your personal data when you sign up to Shapeable.ai.

Personal data includes the following:

  • We collect your first and last name, email address, and other similar contact data.
  • Credentials.
  • The name of your organization as well as your position.

Some information is automatically collected when you visit our website. This may include:

  • The device model/manufacturer/operating system;
  • Browser platform/version;
  • Network information (carrier/cellular network communication standard/wifi);
  • Regional Information (region, country, city) parsed from the network IP address, and used to access our services;
  • Initial referrer pages/URLs used to access our services

Use and Purpose of Personal Data:

We collect and use your personal data to:

  • Enable you to access and use Shapeable.ai, including to send private messages to other registered Shapeable.ai users;
  • Analyse your browsing patterns and usage trends in connection with Shapeable digital content collected.
  • Summarise and analyse log files to learn which content is most useful on Shapeable.ai.
  • Improve the content, organization and performance of Shapeable.ai.
  • Allow other registered Shapeable.ai users to contact you.
  • Respond to your questions, requests and/or complaints.
  • Provide customer service and support.
  • Send you information such as invitations to future activities or events, newsletters or other Shapeable informational materials.

We will not:

  • use your personal data for advertising or market research purposes.
  • sell your personal data to third parties.

Personal Data We Share

In general, we will only process your personal data to manage our relationship with you and to execute these Terms of Use of the Shapeable.ai platform, and carry out our legitimate business interests where such interests do not override your fundamental rights and liberties.

We may, however, need to process personal data to comply with local laws and regulations. An example of this may be a requirement to disclose certain information to the local authorities in the countries where we are organising events. Where the provision of personal data is based on a statutory or contractual requirement, you are obliged to provide us with this personal data. If you do not allow us to process your personal data, you may not be able to use the service offered by the Shapeable.

We do not share personal data with any third parties outside of Shapeable, unless one of the following circumstances applies:

  • With Users' consent (e.g. our direct marketing).
  • For processing of Shapeable’s offices or affiliates in other regions for legitimate business purposes. This is done based on our instructions, in compliance with any other appropriate confidentiality and security measures.
  • For external processing by our web development and service providers, agents or contractors who are working on our behalf, and need access to your personal data to maintain and develop Shapeable.ai.
  • Shapeable requires such third parties to follow all relevant data protection laws and security requirements in relation to your personal data.

Compliance with Laws

We will only share personal data with third parties outside of Shapeable if we have a good-faith belief that access, use, preservation or disclosure of the personal data is necessary to:

  • meet enforceable governmental request, including laws, regulations, or legal processes
  • enforce Terms of Use, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of Shapeable, our users or the public as required or permitted by law.

We may share anonymized information publicly or with third parties.

Use of Cookies

Cookie are an identifying number that web servers asks user’s browser to store on the user’s local computer. Later their browser may present this information to the web server. Shapeable.ai uses cookies for anonymous user tracking. Shapeable web server assigns each user a unique numerical ID. By analysing log files, Shapeable can determine how many unique users visit Shapeable.ai.

Shapeable does not know the identity of a User based on the numerical ID - even if you have entered personal data via Shapeable’s registration forms. Cookies on Shapeable.ai contain no personal data, and cannot be used to retrieve personal data.

You are free to decline the cookies if your browser or browser add-on allows, except when the cookies are required to prevent fraud, or to ensure the security of websites that Shapeable controls. Disabling the use of cookies will result in a less satisfying user experience, and in some cases may prevent you from using some applications on Shapeable.ai.

Security of Personal Data

Shapeable is committed to protecting the security of your personal data. Any information provided to Shapeable by you is handled with care. Private information will not be used in any way other than as set forth in this Privacy Policy, or in any ways to which users have not consented.

Shapeable employs a range of security technologies to protect the information from loss, misuse, unauthorized access, disclosure, alteration or destruction. Since the internet is not 100% secure, Shapeable cannot ensure nor guarantee the security of any information you may give to Shapeable.ai. Shapeable offers no guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of Shapeable’s physical, technical or managerial safeguards.

All Shapeable employees who have access to personal data are obliged to respect the confidentiality of all such information.

Storage and transfer your data

Personal data uploaded into Shapeable.ai may be stored and/or processed by:

  • Shapeable in Switzerland;
  • in the United States by Shapeable (USA);
  • in any other country where Shapeable has affiliates, subsidiaries or offices maintain facilities (“Shapeable Entities”).

When transferring personal data internationally, we make sure that we comply with Data Protection Laws, for example, by entering into agreements that will ensure that the recipients of your information maintain an adequate level of data protection.

Information collected within the European Economic Area (“EEA”) may be transferred to countries outside of the EEA for the purposes as described above. We use standard contract clauses approved by the European Commission, and adopt other means under Swiss and European Union law, or get your consent to legitimize data transfers from the EEA to the United States and other countries.

Retention of Personal Data

Shapeable will keep your personal data for the period necessary to fulfil the purposes outlined in this Privacy Policy and/or as long we need the personal data to provide you with access to Shapeable.ai. We may also require a longer retention period to comply with our legal obligations, resolve disputes or to enforce our agreements.

Updates to this Privacy Policy

  • We may update this Privacy Policy in response to changing legal, technical or business developments.
  • When we update our Privacy Policy, we will take appropriate measures to inform you about the changes we make.
  • We will obtain your consent to any material Policy changes as required by data protection laws.
  • You can see when this policy was last updated by checking the “last updated” date displayed at the top of this Policy.

Third Party and External Links

Shapeable.ai may have links to other websites that are not operated or maintained by Shapeable. Suchlinks and are not covered by this Privacy Policy, and are only provided for your convenience. Shapeable has no control over, and makes no promises or warranties of any kind with regard to the content of any other websites. We also have no responsibility or liability for their:

  • privacy policies,
  • use of cookies,
  • the way they collect, save, store or use personal data.

It is your responsibility to review the privacy policy of each website you visit.

How can you access your data on Shapeable.

You have the following data protection rights:

  • You may request access to and get a copy of your personal data.
  • You may request that any personal data that is inaccurate or incomplete be changed or completed.
  • You may request to have your personal data erased under certain legal conditions (for example, where such data is no longer needed to achieve the purposes for which it was collected).
  • You may object to the processing of your personal data.
  • You may ask us to restrict processing your personal data.
  • You may request portability of your personal data under certain legal conditions.
  • You have the right to opt-out of electronic marketing communications - at any time and free of charge.
  • You access these rights by clicking on the “unsubscribe” link in the marketing e-mails we send you.

Withdrawing your consent

If we have collected and processed your personal data with your consent, you can withdraw your consent at any time.

Withdrawing your consent will not affect the lawfulness of any processing we conducted before your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds - other than consent.

Withdrawing your consent to use your personal data may cancel your Shapeable.ai account.

You have the right to complain to a data protection authority about our collection and use of your personal data.

How to contact us

If you have any questions about this Privacy Policy or the way we process your personal data, or if you wish to exercise your data privacy rights as described above, please contact us by email at: activate@shapeable.ai