Terms for Commercial Licensing of 3D Designs
Commercial Licensing of 3D Designs Terms of Use
Updated May 2023
This Agreement involves the "Designer" (creator and IP owner of the 3D Design), "Cubee" (Cubee Inc, located at 730 ARIZONA AVE STE 206, SANTA MONICA, CA 90401l), and the "Client" (Retailer & commercial licensee).
The Designer is represented by Cubee for commercial licensing services. Cubee mediates between the Designer and the Client, and all parties accept the terms and conditions of this Agreement.
1. Intellectual Property
The Designer retains all rights to the designs ("Designs"). Without express written consent from the Designer, the Client may not distribute, share, sub-license, sell, rent, host, copy, transfer, or alter the digital 3D design files. Cubee's specific permission is necessary for any use or distribution of the Designs. The Designer only offers designs to which they own the rights.
2. Commercial Licensing
Through the Cubee Hive service, Cubee provides access to and distributes commercial licenses for the Designer's work. Clients have cloud access to the designs, product descriptions, and photos, and are authorized to post pictures of the designs, manufacture, and sell physical versions of the designs on digital marketplaces and physical stores. Clients cannot sell or distribute digital designs. License to sell products to businesses are dependent on the purchased license plan.
3. Liability
Cubee holds no liability for misuse of designs by the Client, illegal distribution of designs by the Designer, the quality of production of commercially licensed products, potential post-production safety hazards, or any consequences of actions taken by the Client following consultancy or support provided by Cubee. Cubee will, however, act to halt any illegal use of 3D designs and products exclusively licensed on Cubee.
4. Pricing & Service
Prices for licenses and services, subject to change, are agreed upon by Cubee and the Designer. Either Cubee or the Designer may alter the plan, pricing, terms, offerings, and designs of any plan at any time. Changes apply at the end of the billing cycle, and Clients will be notified in advance.
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Hive Licenses are prices per manufacturing facility or "Printshop". Clients can increase their license to multiple production centers. Please contact the Cubee Support Team for any assistance.
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5. Marketing Rights
Clients with may use the Designer's marketing assets, including photos, videos, and logos, to promote licensed products and brands while their license is active.
6. Termination
Clients can cancel their subscriptions at any time. Cancellations take effect at the end of their billing cycle, and no refunds will be issued for the remainder of the cycle. On license expiration or termination, all promotional activities, manufacturing, selling of licensed products, and use of design files, physical prints, product photos, logos, and designer brand assets must cease. Continued use after the licensing period is considered intellectual property infringement.
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Either Cubee or the Designer can terminate the licensing agreement with 3 months' written notice. Accrued obligations prior to the termination date shall survive. Subscriptions of any Client can be discontinued for any reason, and in cases of terms breach or misconduct, the commercial license can be revoked.
7. Royalties
Selected plans, catalogs, and models may include royalty fees, which can change at any time. Changes take effect at the end of the Client's billing cycle. Royalty payments are made through the CubeeTrust system during the first week of every month, based on the previous month's sales. Royalty percentages exclude shipping and marketplace transaction fees. If, after 6 months, you have not reported any sales or lack of sales, your access to the content will be blocked until the matter is explained.
8. Crediting
The Designer must be credited for any commercial use of licensed products or their media content. Clients must also identify as "Official Cubee Commercial License Holders" for the products or catalog at least once on any selling platform they use.
9. Privacy
The privacy and data of Clients and Designers are protected as per Cubee's Privacy Policy.
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10. Cubee Terms & Agreement
Clients shall abide by these terms, conducted in accordance with the terms and conditions of Cubee, Inc. This Agreement will be governed by the governing law in the T&C without regard to its conflict of law provisions.
Hive Commercial Licensing Rulebook
The following is a document depicting the terms of agreement between Hive 3D Printing Designers, Hive commercial license holders and Cubee, regarding the commercial licensing of 3D designs via the Hive service.
It is created to transparently describe the relationship between all parties.
With Hive, designs fit into one of two types of commercial licenses:
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Non-exclusive, royalty-free designs
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Exclusive, royalty collecting designs
The different Hive plans grant access to different types of design catalogs.
Non-exclusive, royalty-free designs
(the HiveCommunity Library)
Non-exclusive, royalty-free designs may be available for personal use and commercial use on various platforms. Hive has a minimal ability to enforce design misuse, no royalties are collected on these designs and there is no limit to the amount of license holders for the designs. On Hive - they are available as part of a vast design library - HiveCommunity. HiveCommunity is an ever-growing design catalog that clients access through an affordable subscription model.​
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HiveCommunity is a curated catalog, only accepting high-quality designs fit for 3D printing & selling.
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Clients receive a royalty-free commercial license to all the files in the catalog.
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30% of profits go to the designers, 40% to marketing the library, and 30% to Cubee to maintain, run and expand the service.
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Profit distribution between designers is determined by model clicks, downloads, new uploads, and user interaction. The algorithm is fully transparent to the designers.
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Designers upload up to 5 designs per month.
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Designs will stay on the catalog for at least 1 year and as long as the designer is part of the service (enabling clients to invest in products).
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Designs will be unique, and the designers will be the creators of the design.
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Ownership of the designs will remain the sole property of the designer hands.
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The design can be made available on other platforms as the designer wishes.
Exclusive, royalty collecting designs
(HivePlus+ / HiveUnlimited)
Exclusive, royalty collecting designs are part of design catalogs that are open to a limited number of sellers worldwide. These designs are available for commercial use only on Hive, and Cubee can better monitor and enforce design misuse. Designs can be available for personal use on other platforms. Clients can enjoy low competition on these designs, and in return pay royalties on sales of exclusive designs, enabling the designer to profit from popular designs without distributing the asset to too many sellers (flooding competition and driving down prices).
On Hive, the exclusive catalogs are available as part of the Hive+ plan (where specific catalogs are selected by clients) or Hive Unlimited (where all exclusive catalogs are accessed under 1 library). The plans also include access to media content (provided by the designer), business support for Hive and access to the Hive seller community.
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Clients receive a commercial license to an exclusive catalog .
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only 50 sellers worldwide have access to any Hive+ Catalog. In addition, HiveUnlimited sellers have access to all Hive+ catalogs.
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​Hive+ subscribers are required to report their sales at the end of each month and transfer 10% of royalties through the Hive trust-based software.
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Any Hive+/Unlimited subscriber will also have access to Hive Community.
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Cubee is in charge of providing business & technical support to the subscribers.
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Cubee also monitors online sales activity to detect and act against design abuse.
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Designers will be available to chat with Hive+ members through a designated Discord channel run by Cubee.
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80% of profits from royalties go to the designers, and 20% go to Cubee to maintain and run the service. Profit distribution from subscriptions are split between designers, marketing budgets, and Cubee.
Uploading Products to the Exclusive Catalog:
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Designers have full control over how many designs they add to their Hive+.
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Designs will be unique, and the designers will be the creators of the design.
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Ownership of the designs will remain sole property of the designer hands.​
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The designs can be sold on any other platform for personal use - but commercial rights to the designs will be offered exclusively through Hive+ (to protect seller exclusivity).
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Designs will stay on the catalog for at least 6 months and as long as the designer is part of the service.
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After 6 months, designs that have failed to gross $200 in monthly royalties can be downgraded to non-exclusive, and be sold for commercial-use on HiveCommunity and other non-exclusive and platforms - pending the designer’s decision.
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Downgraded designs must still be available to Hive+/Unlimited subscribers, but will no longer be subject to royalty payments.
Sold Out Catalogs
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Once an exclusive catalog sells out for the first time, Hive and the designers have the right to alter the pricing for new subscribers (who join if existing members leave).
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Once a catalog is sold out, Designers can create waiting lists for new subscribers. Designers can then determine license allocation for vacant spots depending on geographical location, business size, social media presence or any other preference they choose.
Reporting Royalties
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Client’s who hold exclusive commercial licenses (Hive+/Unlimited members) must report their sales every month on CubeeTrust. Sales are reported on their previous month.
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If no sales were made, clients must report “No Sales”.
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Reporting is intended to help designers grow and to create data reports that allows clients and designers to learn which products are selling and which are not, and to grow.
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Designs that do not collect royalties can be removed from exclusivity by the designer after 6 months.
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Accounts of non-responsive clients can be frozen and suspended after 3 months of no reporting.
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Accounts that report no-sales for six months or more may be suspended/switched to a personal use account by the designer in order to make room for new, active license holders.
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Sellers only have a license to sell the designs while their license plans are active.
Giving Proper Credits
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Sellers must mention the designer on all posts and product listings.
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Sellers must mention that they are a Hive Authorized seller on all sale platforms at least once.
Protecting Designers Rights
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Designs cannot be modified, remixed or derived from without prior approval from the designers.
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Designs cannot be shared, either publicly or privately with others.
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Accounts found in violation of these can be frozen or suspended without warning.
Privacy Policy
Cubee Inc. (“Cubee”, “we”, “our”) is committed to maintaining the privacy of its users (“you”, “user”). The following information describes how Cubee collects and processes information about you when you use our Platform (as defined below).
Our Privacy Policy explains:
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What information we collect and why we collect it.
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How we use that information.
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Your rights with regard to the collection of such information.
General
Cubee Inc. (“Cubee”) provides a marketplace platform (“Platform”) which enables its users to interact and cooperate to create, produce, sell, order and print 3D models (“3D Models”) or 3D Models which were converted into a physical object (“3D Product”) and other 3D printing related services. The Platform is provided to three types of users as described below:
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Creator User: a user who designs and/or produces and supplies a 3D model, a 3D Product or design services, via the Platform.
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Customer User: a user who utilizes the Platform to purchase a 3D Model or a 3D Product.
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Printer User: a user who operates printing machinery and offers its printing services via the Platform to other users of the Platform.
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Collecting Information
Please note that the scope of this Privacy Policy is limited only to information collected by Cubee through your use of its Platform. Some information may be automatically collected, and some is collected when you interact with our Platform. The type of information that may be automatically collected is non-personal information, which includes your session durations, the content you accessed on the Platform, information about your computer and your internet connection and the frequency and scope of your use of the Platform.
Information from which you can be personally identified may also be collected, including but not limited to your name, email address and the location of the computer through which you used the Platform (hereinafter: “Personal Information”). Personal Information shall be collected only if received voluntarily from you, including, without limitation, via the following methods:
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When you sign up to use the Platform
We will collect your Personal Information such as your name and email address to enable you to register to use the Platform. Alternatively, if you choose to register via your Facebook or Google accounts, Cubee will be provided with access to information these services obtain about you, and all in accordance with your Facebook or Google accounts’ privacy settings. The information we collect in this manner typically includes your full name, email address and public information from your profile on these services.
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When you create a Cubee Profile
We will collect your name, email address, any files and content you choose to upload, the description of the services you offer, your profile picture, and all if you voluntarily chose to provide us with such information. Please note, that some of the information you choose to share on your Cubee profile, will be made publicly available to other Platform users or potential users.
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When a Customer User interacts with a Creator User or a Printer User
We collect the information contained in interactions between users. This type of information may include, without limitation, users’ names, Cubee profiles, location, addresses, phone numbers, email addresses and the content of the interaction between the users.
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When you are a Printer User and you wish to register your printer
We will collect your Cubee Profile information, the address your printer is located at, as well as the model of the printers you use when offering your printing services.
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When you are a Customer User or Creator User uploading your 3D Model or 3D Product
We will collect your Cubee Profile information as well as any information you uploaded to the Platform to utilize the Platform’s services. Please note, that any information or files you chose to upload in the course of your interaction with other Platform users will only be shared with the specific user you interact with.
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Payment Information
We may collect your payment information if you make a transaction relevant to the Platform via Cubee. Cubee uses third party payment processors to assure that your payment details are secured in accordance with the highest security standard.
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Contacting Us
If you wish to contact us for support regarding our Platform or this Privacy Policy we will collect your name, email address and the content you submitted to facilitate your inquiry.
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Use of Information:
We use the Personal Information we collect from you for a range of different business purposes according to different legal bases of processing. We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously.
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1. Providing the Requested Services:
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We collect Personal Information to enable our users to interact and cooperate with other users of our Platform when selling, ordering and printing 3D Models or 3D Products.
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We collect your Personal Information to provide you with the services you contracted to receive when using the Platform. Such collection of information will enable us to provide you with technical and professional assistance, with regard to the functionality of the Platform or to any inquiry you submit to us through it.
We process the Personal Information where it is necessary for the adequate performance of the contract regarding your use of our Platform.
2. Improvement and Development of the Services:
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We collect Personal Information to improve and develop our Platform and understand feedback on Cubee's services and to help provide more information on the use of those services quickly and easily.
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We collect Personal Information for the ongoing review and improvement of the information provided on our Platform to ensure it is user friendly.
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We collect Personal Information to improve the management and administration of our business and maintain compliancy with our internal policies and procedures.
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We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our Platform, develop new features, and conduct audits and troubleshooting activities.
We process this information in light of our legitimate interest in improving the Platform and Services, to allow our users to have the best experience.
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3. Maintain a Safe and Secure Environment
We may use your information to detect and prevent fraud, abuse and security incidents in the following ways;
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Verify and authenticate your identity and prevent unauthorized or illegal activity.
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Enhance the safety and security of our Platform.
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Conduct security investigations and risk assessments.
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Prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law.
We process this information in light of our legitimate interest in improving our Platform and enabling our users to browse in a secure environment.
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4. Personalize Content, Advertising and Marketing
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If you have used Cubee’s services in the past, we have a legitimate business interest for matching the data we collect with other data we had already collected.
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This enables us to understand your needs and interests, optimize the content we send you and make it more suitable and relevant to your needs.
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This also enables us to improve your experience on the Platform by providing you with personalized content, recommendations, and features.
We process this information in light of our legitimate interest to personalize your experience and customize our content.
Disclosure of Information and Transfer of Data
Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information, to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under law.
We may share your Personal Information with our affiliates, subsidiaries or any third party companies and individuals to facilitate our services or any portion thereof, such as marketing, data management or payment services. We may also share your information with analytics service providers for analytics purposes. Such analytics service providers set their own cookies or other identifiers on your computer, through which they can collect information about your usage of our Platform. This helps us compile aggregated statistics about the effectiveness of our Platform.
The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third parties process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data.
We may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate changes. Furthermore, information about you may also be released in order to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if you use the Platform to perform an unlawful act or omission or take any act or omission that may damage Cubee, its property and goodwill, or if there is an attempted breach of the security of the Platform or a physical or property threat to you or others. The authority supervising such activities is the Israeli Privacy Protection Authority, and you have the right to file a complaint to it or any other relevant supervisory authority.
Your Rights
You have the right at any time to request to access or modify or delete your Personal Information. To exercise these options, please contact us at support@cubee3d.com.
If you wish to exercise your right to delete the Peronsal Information we hold about you, please: (i) submit a request for deletion of your profile directly through our Support section of the Platform, and (ii) contact us at support@cubee3d.com with an explicit request to delete all of the Personal Information we hold about you. We will act in accordance with applicable law in order to comply with your request. However, we may retain certain information as deemed required by and/or as otherwise permitted by applicable law.
In some jurisdictions, in particular those located within the European Union (the "EU") or within the European Economic Area (the "EEA"), you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights to:
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Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.
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Object to the processing of your Personal Information for direct marketing purposes.
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Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.
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Object to an automated decision-making (including profiling) in certain circumstances.
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Request the erasure of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it;
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Receive your Personal Information, or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.
Generally, with regard to information collected on our Platform Cubee is a "Data Controller". Therefore, if you wish to exercise the above mentioned rights, please contact us, and we will make our best efforts to fulfill your request.
If you wish to file a request regarding any of the above, you may contact us at: support@cubee3d.com.
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Cookies
We may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how users make use of our Platform. This aggregated tracking information may be used to help us improve and enhance the Platform’s experience for all of our users. In addition, cookies are used for adjusting the Platform to your personal preferences. Cookies contain information such as the pages you visited, the length of time you stayed on the Platform, the location from which you accessed the Platform and more. If you would prefer not to have cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by rejecting the cookies, you may be unable to fully access the offerings on our Platform. To find out more about cookies, visit www.allaboutcookies.org.
Opt In or Opt Out
You are always in control of your data, and if you choose to receive information from us, or others, you can change your mind later. If, at any time, you would like to stop receiving such information or opt out of a feature, you may notify us by writing to support@cubee3d.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request.
Links to Other Websites
This Platform may provide links to other websites. Please be aware that these other websites are not covered by our Privacy Policy. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, companies or individuals, which are not owned or controlled by Cubee. We suggest that when linking to another website, you always read that website’s privacy policy before volunteering any personally identifiable information.
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Data Security
We deploy industry standard, or better measures to ensure the security, confidentiality, integrity and availability of Personal Information we process. We maintain physical, technical and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know’ basis for the provision of the Platform to you. In the event of a security breach, we will take all reasonable action to minimize any harm, including with regard to notifications. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to our Platform, and transmission is at the users own risk.
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Data Retention
Generally, Cubee does not retain information longer than necessary to provide its services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the information is required for Cubee to establish, exercise or defend against legal claims or it is necessary for the performance of the requested services.
If you wish for Cubee to delete your Personal Information, please follow the instructions under the “Your Rights” section of this Privacy Policy.
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California Online Privacy Protection Act
CalOPPA requires commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers, to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf.
According to CalOPPA, we agree to the following:
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Once this Privacy Policy is created, we will add a link to it on the first significant page after entering our Platform.
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Our Privacy Policy link includes the word 'Privacy' and can easily be found on the Platform.
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You can request to change your Personal Information by emailing us.
CAN SPAM Act
The CAN-SPAM Act is a Federal US law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
To be in accordance with CANSPAM, we agree to the following:
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Not use false or misleading subjects or email addresses.
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Identify the commercial message sent to you as an advertisement when required.
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Include the physical address of our business or site headquarters.
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Monitor third-party email marketing services for compliance, if one is used.
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Honor opt-out/unsubscribe requests quickly.
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Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at support@cubee3d.com and we will promptly remove you from ALL correspondence.
Children's Privacy
The Platform is not intended for children under the age of 16. We do not, knowingly or intentionally, collect information about children who are under 16 years of age.
IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE THE PLATFORM, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY
Questions Regarding Our Privacy Policy
If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact us at support@cubee3d.com.
Revisions and Modifications to our Privacy Policy
We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.
Governing Law and Jurisdiction
This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel, to the exclusion of any other jurisdiction.
This page was updated on April 2024.