Terms of Use Agreement - Tribu Management Syste

Last updated: July 28, 2021

1. Introduction

1.1. The following Terms of Use apply only to the use of the management website (hereinafter: “The Site" or “Services”) of Tribu Ltd. a not-for-profit social and technology company, which aims to create and expand the circles of volunteering and contributing within Israeli society (hereinafter: "Tribu" or “The Company”) and to the designated area of the organization. However, the term "Site" refers to the whole Site, including all the information and content contained on the Site, whether it is visible to users or not.

1.2. The use of the Site for any purpose is subject to the Terms of Use and shall be considered as the organization’s consent to all the terms, conditions, and notices in this document. By using the Site, its contents, or services, the organization declares that it has read and understood the Privacy Policy documents and Terms of Use and agreed to their terms. To the point that the organization does not agree to this document and/or changes that may be made therein, inter alia by the law, it can contact Tribu so it can provide alternative solutions.

1.3. This document details the Terms of Use of the Site, its contents, and the services offered therein (hereinafter: “Terms of Use”) and regulates the relationship between Tribu and the organization and/or any organization employee with permission to the Site, who uses the Site, or the information contained therein or receives information, directly or indirectly (hereinafter: “the user”).

1.4. This document constitutes a binding legal document between Tribu and the organization and those on its behalf.

1.5. The Terms of Use are formulated in masculine form for convenience only and refers equally to all gen

2. Definitions

2.1. Information – including information of any kind, including any verbal, visual, audiovisual, audio-visual content, or any combination of them, as well as their design, processing, editing, dissemination, and presentation, including (but not only): any image, photography, illustration, animation, chart, figure, simulation, sample, video, voice file, and musical file; Any software, file, computer code, application, format, protocol, data store, and interface, and any character, symbol, icon, and icon.

2.2. Designated area - each organization has a designated area on the Site where the organization's information, users, volunteers, and volunteer activities are created, collected, and maintained.

3. Permissions to the Site

3.1. Tribu shall set up one account for the organization on its designated area and at its request, the account shall be used by the organization manager.

3.2. There are three (3) types of permissions on the designated area:

3.2.1. Organization Manager - with the highest permission, serves as the Site manager for the organization (Admin). The organization manager may define additional users for his organization as organization managers/group managers/volunteer managers. As mentioned above the account will be defined by Tribu.

3.2.2. Group Manager - Every organization has groups of volunteers. The group manager is responsible for the volunteering managed in that group and for the volunteering managers. The group manager may access the details of all the volunteers associated with his group. A user account for group managers is defined and managed by the organization manager.

3.2.3. Volunteering Manager - with the lowest permission. The volunteering manager is responsible for a specific volunteering activity and has access to all the volunteer information under that activity.

3.3. When using the Services offered by the Site, each user on behalf of the organization is required to provide his full name and email address of the organization, for creating an account, and obtain the approval of the organization to manage its designated area.

3.4. It is possible to edit the information provided by logging into the organization’s designated area on the Site or by contacting us at office@we-tribu.com. Any change in the permissions and / or managers on behalf of the organization is subject to the approval of the organization.

3.5. Associating a volunteer with the organization – if the organization wishes to assign a volunteer to its designated area, it may do so in one of two ways:

3.5.1. Through information submitted by the organization.

3.5.2.  Association with the approval of the organization’s manager– Upon request by the volunteer to join the designated area of ​​the organization.

4. Establishment of volunteer activities on the designated area

4.1. The organization may define volunteer activities for the organization's employees and/or volunteers associated with the organization only.

4.2. The organization may set up a public activity for all existing volunteers on the Site.

4.3. Tribu is not responsible for the organization's volunteer activities and/or the content uploaded to the by the organization.

4.4. The organization is responsible for all volunteer activities on its behalf under the provisions of any law, including the issue of insurance.

4.5. There is a blanket ban on publishing events that are not voluntary, as well as events that do not meet the requirements of the law, including events with manifestations of incitement, violence, racism, and more.

5. Data Management

5.1. Tribu allows the organization or a manager on his behalf, upon it request, to receive all information in the designated area, through magnetic media or other digital systems, and shall delete, at the request of the organization, all such information, no later than 30 business days from receipt of the request.

5.2. Any content or information uploaded to the designated area by the organization and/or anyone on its behalf is its sole responsibility.

5.3. When using the designated area, the organization shall be able to manage and receive information about volunteers associated with it and/or about other volunteers; Future volunteer activities based on skills and geographic area; Volunteer activities that took place; Photos taken during the volunteering, etc.

5.4. The organization may collect and/or submit any information, in the designated area, about its volunteers and/or its volunteer activities. The responsibility for collecting and processing this information is solely on the organization and subject to the provisions of any law. Each organization can view and manage only the information of its volunteers or the information of volunteers who are not affiliated with any organization.    

5.5. Uploading content to designated area

5.5.1. As part of the volunteering activity, the organization may upload photos, provided that the organization has rights in the photos or has received the consent of the person being photographed, before uploading the photo.

5.5.2. The uploaded content is the responsibility of the party that uploaded the content only.

5.5.3. The organization manager may delete the content uploaded by a person on behalf of the organization and/or by volunteers associated with his organization.

5.5.4. An organization manager/ volunteering manager/ group manager may upload posts, comment on them, chat, and more.

5.6. Exporting content from the designated area

5.6.1. There is an option for the organization’s users to export reports and information from the Site to the organization’s workstations. Exporting the reports and data from the Site shall be the sole responsibility of the user. Please note that such information may contain sensitive information about volunteers and its transmission to anyone who is not allowed to be exposed to it and/or keeping it in violation of the provisions of the law relevant to the organization constitutes a violation of the law.

5.7. Information held by the organization

5.7.1. When a volunteer is assigned to an organization, the personal information that the volunteer submitted in the App is attributed to the organization’s designated area.

5.7.2. The organization may submit and retain additional information about volunteers (hereinafter: the "Additional Information") subject to receiving their prior consent.

5.7.3. The organization is responsible for the quality and reliability of the additional information it retains.

5.7.4. Tribu shall not access information stored by the organization's volunteers and/or any information in its designated area and shall not use it except to store and operate the Site.

5.7.5. For the avoidance of doubt, Tribu is not responsible and shall not be held responsible for storing such additional information. Tribu is not responsible for content uploaded and /or exported to/from the designated area. 

5.8. Using information by Tribu

5.8.1. Tribu, through those with permissions on its behalf, is entitled to access and use the information for the following purposes:

  • For the ongoing operation of the Site and the organization’s designated area.

  • Allow the organization to use various Services on the Site, set volunteer dates, make sure the organizations are suitable for volunteers and vice versa.

  • Produce customized volunteer offers.

  • Automatically identify users on behalf of the organization.

  • Send updates and reminders about volunteers and other services submitted to the designated area by the organization or someone on its behalf.

  • Improve the Site usage experience, measure the performance of the Site and improve its content and design.

6. The Lawful Basis for Processing Personal Data.

6.1. Consent as written in article 6(1)(a) of the GDPR - For example, when we require consent for the optional cookies we use or for creating accounts; and/or,

6.2. Contractual purposes as described in article 6.1(b) of the GDPR - For example, when registering the Site; and/or,

6.3. To protect vital interests accordingly to article 6(1)(d) of the GDPR and/or article 9.2(c) of the GDPR which allows us to process personal data for safety; and/or,

6.4. For the necessity of legitimate interests accordingly to article 6.1(f) of the GDPR - For example, to maintain the integrity of our IT systems and the continuity of our business.

7. Providing information to third parties

7.1. When using the Site, both in relation to this document and to any other relevant conditions applicable between the parties, all users on behalf of the organization shall be considered as a related party and not as a third party. It is clarified that those users shall openly receive all volunteer information related to their organization unless explicitly stated that this information shall not be handed over.

7.2. The organization’s authorized users will be exposed to the volunteer’s information related to their volunteering under the same organization, upon their prior consent.

7.3. Aggregate information accumulates on the Site and / or on the designated area, which is non-personally identifiable information directly or indirectly, and who does not personally identify any organization, may be transmitted to third parties, or used for research needs, service improvement, marketing, and more.

7.4. The transfer of identifiable information about the organization's users and/or volunteers to third parties shall be permitted in the cases listed below:

7.4.1. With the consent and approval of the organization or volunteer.

7.4.2. In case Tribu transferred and/or altered its activities and/or rights and obligations to a third party, provided that the said third party accepts the instructions specified in this document.

7.4.3. If the organization or someone on its behalf or volunteer or someone on his behalf has violated the terms of the Privacy Policy and/or Terms of Use and/or in cases where the organization or someone on its behalf or volunteer or anyone acting on its behalf, has executed or attempted to execute, through the Site and/or in connection with it, actions contrary to the provisions of such Terms of Use and/or the provisions of any law and due to a court order instructing Tribu to disclose the information to third parties in accordance with the order.

7.4.4. For external processing and provision of services, Tribu provides information to entities affiliated with it and other entities which it cooperates and trusts (such as AWS which provides the company with cloud hosting services in the EU) following the law, Tribu Privacy Policy, and all appropriate means of confidentiality and security.

7.5. Tribu may transfer to any person, corporation, body, government, public or private authority or others, under any provision of law which obliges or imposes on Tribu to do so:

7.5.1. Due to any dispute, claim, demand, and/or legal proceedings that shall be conducted between the organization and/or anyone on its behalf and Tribu and/or anyone acting on its behalf.

7.5.2. If the organization performs actions on the Site and/or designated that is against the law or contrary to this document.

7.5.3. If a judicial order is obtained instructing us to provide information.

7.5.4. If Tribu considers, at its best discretion, that the disclosure of said information is necessary to reduce the damage of any kind caused to the Site, and/or to any other third party.

7.5.5. In any event that Tribu considers, at its sole discretion, that the disclosure of the information is necessary to prevent serious damage to the property of Tribu, the property and/or body of the user and/or third parties and/or to prevent other serious damage.

8. Confidentiality

8.1. Tribu is committed to confidentiality and shall not transmit, show, inform, or disclose to anyone, directly or indirectly, the information in the designated area without the prior written consent of the organization, indefinitely, even after the organization stopped using the Site.

8.2. All information that accumulates in the organization’s designated area belongs to the organization only. Tribu shall not make any use of this information, as well as the information and details of volunteers who have registered to volunteer in the organization’s designated area but to operate the Site and provide the Services.

8.3. Tribu shall take all necessary measures to protect this information and its security and shall ensure that access to such information is given to Tribu and/or anyone on its behalf who has received permission to do so, after signing towards Tribu on a commitment to maintain confidentiality.

8.4. Tribu shall not transfer the information to any third party without the prior written consent of the organization. If the organization approves the transfer of such information, Tribu shall include in the agreement with such a third party all the obligations that apply to it in connection with the information as part of the engagement.

9. Information security

9.1. Tribu implements and maintains appropriate technical and organizational security measures and invests a great deal of effort in securing the Site and the user’s personal information.

9.2. Tribu shall provide the organization and its employees with instructions for proper use of the Site following the contract agreements between Tribu and the organization.

9.3. Tribu shall separate the information in the designated area from the rest of the information contained in the Site.

9.4. Tribu shall report the organization, as requested and at least once a year, about how the information is secure, its management, and its processing.

9.5. Tribu shall report the organization of any irregularity in the use and/or access to information and/or any case of fear of leaking the information and/or a security incident as soon as they are discovered.

9.6. Without derogating from the terms of this document, Tribu shall act under the provisions of any law, including the Israeli Privacy Protection Act (hereinafter: the "Privacy Protection Act") and the Privacy Protection (Data Security) Regulations, 2017 (hereinafter: "Data Security Regulations").

9.7. Log in to the Site shall be done through a personal username and password and a physical means under the user’s sole control as decided by Tribu.

9.8. We recommend that the organization implement basic safeguards on the end devices used to connect to the Site, to protect its information and that of its employees, volunteers, and even the subjects of volunteering, and at the very least ensure the implementation of computer protection measures, such as:

9.8.1. Set up a screen saver.

9.8.2. Install protection system.

9.8.3. Implement security updates according to the manufacturer’s instructions.

9.8.4. Set a strong, complex password and periodically change a password.

10. Cookie Policy

10.1. Like many websites, we use cookies and various analytical tools for the day-to-day and proper operation of the Site. This includes collecting statistical data about the use of the Site, verifying data, adjusting the Site to personal preferences, maintaining information security, etc.

10.2. Cookies are text files that are created by your device according to the Company’s instructions or on its behalf. Some are temporary and some are permanent.

10.3. When visiting the Site, you will be notified of the use of and placement of cookies and other similar technologies on your device as specified herein.

10.4. The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:[MD1] 

10.4.1. Necessary cookies - These cookies are necessary to allow the Site to work correctly. They enable you to access the Site, move around, and access different Services, features, and tools. Examples include remembering previous actions (e.g., entered text) when navigating back to a page in the same session. These cookies cannot be disabled.

 

 

 

 

10.4.2. Cookies for better functionality - These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) to help us personalize your experience and offer you enhanced functionality and content.

 

 

 

 

 

 

 

 

 

10.4.3. Analytics and performance cookies - These cookies collect information regarding your activity on our Site to help us learn more about which features are popular with our users and how our Site and Services can be improved. It can also help us understand how you use our Site, for example, whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our Site and Services.

 

 

 

 

 

 

 

 

 

10.4.4. Advertising cookies - These cookies are placed to deliver content, including ads relevant and meaningful to you and your interests. They may also be used to deliver targeted advertising or to limit the number of times you see an advertisement. This can help us track how efficient advertising campaigns are, both for our Services and other websites. Such cookies may track your browsing habits and activity when visiting our Site and Services and those of third parties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.4.6. Email cookies - Cookies may be placed in messages we send to track your interaction with such emails.

10.5. How to adjust your preferences. Most browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. If you do so, please note that some features of the Services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input these each time you visit. Although we do our best to honour the privacy preferences of our users, we are unable to respond to do not track signals set by your browser at this time.

11. The obligations of the organization and its users

11.1. The organization and its users undertake not to perform any fraudulent, impersonation, deception, or fraud on the Site.

11.2. The Organization and its users undertake not to upload, retrieve, transmit, distribute, or publish information or other content that includes an advertisement of any kind, without the express prior permission of Tribu.

11.3. The Organization and its users undertake not to make any commercial use of the information and content on the Site, or in any part there are.

11.4. The Organization agrees that, without prejudice to any other right of Tribu, in cases where Tribu shall fear that the user's use is inconsistent with the provisions of the Terms of Use and/or any law, Tribu may take any action that it deems appropriate to protect its property and/or other user rights and, inter alia, prevent the user from accessing the Site and documenting and/or tracing the user's use of the Site.

11.5. The user shall be responsible for any use made using his password, access code, or permission.

11.6. The Organization bears full responsibility to Tribu and shall compensate and/or inditch it with its first demand for any damage, loss, loss, expense, demand, and/or claim and/or claim that any third party has, following this document.

12. Miscellaneous

12.1. For the ongoing operation of the Site and the collection of statistical data, Tribu may use technological tools including the retention of the IP address and the use of cookies, please see the Privacy Policy.

12.2. Tribu reserves the right to change the Site, its structure, appearance, content, the scope of services provided thereby, or any other change, at its discretion and following the service agreement between the Organization and the Tribu. The user shall have no claim, complaint and/or demand against Tribu for making such changes and/or for any direct or indirect malfunctions or damages that occur due to such changes on the, including the cessation of the Sit’s activity temporarily or permanently.

12.3. The intellectual property rights on the Site are owned by Tribu. Except for the use of the Site’s Services, no use may be made of it including copied, modified, distributed, allowed to others, or used commercially. All rights to all information accumulated in the designated area are of the organization only.

12.4. The license to use the Site is given for a full year from the date of creating the account and shall be extended by the agreements between the organization and Tribu or automatically as the case may be.

12.5. All rights in all information accumulated in the designated area shall be of the organization.

13. Databases and Privacy Protection Regulation

13.1. An organization that uses the Site, including the management of volunteers and volunteer activities, is required to register a database with the Registrar of Databases or attach this data to an existing database, and register Tribu as the holder of the database, under the provisions of the Privacy Protection Act. Tribu and the organizations shall use the information following the purposes defined in this document and subject to the provisions of any law and obligations applicable to the organization under any law, including any privacy protection regulation. Without derogating from the generality of the foregoing, the organization undertakes:

13.1.1. To comply with the provisions of the law regarding the retention and transfer of personal information and data as part of the management of volunteers and volunteer activities, during and/or in connection with the use of the Services, including personal information of and/or in connection with a volunteer, including the organization undertakes to comply with the provisions of the Privacy Protection Act, including Chapter B of the Act (protecting privacy in Databases), regulations amended under the Privacy Protection Act, including data security regulations, the Register guidelines, and all as will be updated from time to time.

13.1.2 As far as the organization will be defined as the owner of the database, the organization and its employees undertake that the use of such information is in line with the objectives and under the provisions of any law.

13.1.3. The Organization undertakes that the information was obtained lawfully and that it has received all the necessary approvals and agreements according to the organization's procedures and any law for the transfer of the information to Tribu to process it in its systems and/or in third-party systems operating on its behalf in Israel and/or abroad, and that the transfer of the information to Tribu and the use made therein by Tribu and/or third parties on its behalf does not infringe on the privacy and/or other rights of the volunteers and/or the owner of the database.

13.2. If the collection and processing of the information are subject to other legal systems, then the legal basis for processing the information may be different according to that law.

13.3. If the provisions of the European Data Protection Regulations (GDPR) apply to the organization, the organization shall be defined as Data Controller and Tribu shall be defined as Data Processor, and between the parties, a dedicated information processing agreement shall be signed when it is the organization's responsibility to define additional requirements and instructions for complying with the GDPR provisions. Tribu shall implement any relevant obligation to it as Data Processor under the GDPR and process the personal information under the provisions of the law and the agreement. If Tribu believe that the provisions of the agreement are contradictory with the GDPR, it shall inform the organization.

13.4. Learn more about informational rights: https://gdpr.eu/article-15-right-of-access/ https://gdpr-info.eu/chapter-3

13.5. In the case of retaining additional information from minors (under applicable state law), the organization shall also add the details of the minor's parent/guardian.

13.6. It is the organization's responsibility to inform its users of their responsibility following this document.

14. Limitation of liability

14.1. The service on the Site can be used As-Is. As a result, there will be no claim, or demand against Tribu in respect of the features and manner of the Service, its capabilities, limitations or its adaptation to the needs and requirements of the user.

14.2. The organization shall respond to inquiries from data subjects or regulatory authorities regarding the processing of information and notify Tribu in writing of such inquiries related to the processing of information carried out by it, all under the provisions of any law. Tribu will respond to such inquiries in accordance with the organization's guidelines, unless Tribu is required to comply with its legal obligations, dispute resolution and / or enforcement of Tribu’s rights or agreements.

14.3. Volunteer proposals of third parties - The Site may include voluntary offers, whether from Tribu or other bodies that manage volunteers. As long as the source of the proposals is not on the Site but in the bodies that manage volunteers, then Tribu is not responsible for the content of those proposals, for the volunteer activities offered on them and for their existence.

15. Changes to Terms of Use

15.1. Tribu reserves the right, at its sole discretion, to change and update the Terms of Use at any given time. Tribu shall submit the new Terms of Use to the organization for approval. The changes to the Terms of Use shall take effect within 45 days of updating the document, and the organization's continued use of the system after the count of days shall be considered as the agreements for the changes made.

15.2. If the Terms of Use are amended to comply with any legal requirement, the amendments may take effect immediately, or as required by law.

16. Choice of law and jurisdiction

  1. Any dispute regarding the fulfilment of the provisions of this document shall be held only in the courts of Israel Central District.

 

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