TERMS & CONDITIONS
Last updated: October 30, 2024
The Random.win website (the “Site”) is owned and operated by Borr Technologies SAS (“Random.win,” “we,” “our,” or “us”). The Site provides information about our products and services (“Services”).
THESE TERMS AND CONDITIONS (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU CREATE AN ACCOUNT WITH RANDOM.WIN AND WHETHER OR NOT YOU UTILIZE ANY SITE FUNCTIONALITY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE, OR ANY INFORMATION CONTAINED ON THE SITE.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms; however, we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
Besides these Terms, your use of certain Services may be governed by additional agreements. In addition, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
You are responsible for both: (i) making all arrangements necessary for you to have access to the Site; and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. You have the sole responsibility for maintaining the safety, security, and integrity of the mobile device you access the Site with. You agree not to leave the mobile device unattended while logged into the Site and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any person. You shall bear the entire risk of any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use the mobile device, login information or any other means to access the Site, you will be held responsible for any Services they engage in or transactions they undertake and we will not be liable for any damages resulting to you.
At any time and without notice, Random.win reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’ or the Site’s other users’ intellectual property rights. All rights not expressly granted herein are reserved.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Random.win reserves the right but not the obligation to monitor all Content provided by users.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone suspected of violating the forgoing sentence in our sole and absolute discretion.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Borr Technologies SAS has the right but not the obligation to monitor all Content provided by users.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use the Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site or to any other user of the Site and/or Materials. These Terms shall survive termination of your account and your ability to access your account, as applicable. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Random.win. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
THESE TERMS AND CONDITIONS (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU CREATE AN ACCOUNT WITH RANDOM.WIN AND WHETHER OR NOT YOU UTILIZE ANY SITE FUNCTIONALITY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE, OR ANY INFORMATION CONTAINED ON THE SITE.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms; however, we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
Besides these Terms, your use of certain Services may be governed by additional agreements. In addition, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
1. Accessing the Site
We reserve the right to withdraw or amend the Site and any Services or Materials (defined below) we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site to any or all users, including you. You are responsible for both: (i) making all arrangements necessary for you to have access to the Site; and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. You have the sole responsibility for maintaining the safety, security, and integrity of the mobile device you access the Site with. You agree not to leave the mobile device unattended while logged into the Site and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any person. You shall bear the entire risk of any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use the mobile device, login information or any other means to access the Site, you will be held responsible for any Services they engage in or transactions they undertake and we will not be liable for any damages resulting to you.
2. Free Trials
Random.win may, at its sole discretion, offer a subscription for free or with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Random.win until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. At any time and without notice, Random.win reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3. Our Intellectual Property and Your Use of the Site
Unless otherwise specified in these Terms, all information and screens appearing on the Site are the sole property of Random.win and other parties. We provide content through the Site that is copyrighted and/or trademarked work of Random.win or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof. Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’ or the Site’s other users’ intellectual property rights. All rights not expressly granted herein are reserved.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
4. Your Intellectual Property
So long as you are not otherwise in violation of these Terms, you retain any and all of your intellectual property rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Notwithstanding the foregoing, by using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute Content posted by you on and through the Service. Random.win reserves the right but not the obligation to monitor all Content provided by users.
5. Your Communications to the Site
Our Service allows you to post, link, store, share, pin and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone suspected of violating the forgoing sentence in our sole and absolute discretion.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Borr Technologies SAS has the right but not the obligation to monitor all Content provided by users.
6. Electronic Communications
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. In addition to the foregoing, by providing your email through the Site, you consent to receiving newsletters, marketing or promotional materials and other information we may send (“Newsletters”). However, you may opt out of receiving any, or all, Newsletters from us by using the unsubscribe link or instructions provided in any email we send. 7. Permitted Uses
By accessing or using the Site, you agree that:- Your use of the Site is subject to and governed by these Terms;
- You will use the Site solely for its Services offered in the normal course of business;
- You will always act in accordance with the law, custom, and in good faith;
- You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site;
- Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
- These Terms are a legally binding agreement between you and us that will be enforceable against you.
- Changes or alters the Site or content or Services that may appear on the Site;
- Impairs in any way the integrity or operation of the Site;
- Interferes with or induces a breach of the contractual relationships between us and our employees;
- Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
- Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
- Transmits any harmful or disabling computer codes or viruses;
- Harvests email addresses from the Site;
- Transmits unsolicited email to the Site or to anyone whose email address includes a Random.win domain;
- Interferes with our network services;
- Attempts to gain unauthorized access to our network services;
- Suggests an express or implied affiliation or relationship with us without our express written permission;
- Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
- Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
- Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- Dilutes or depreciates our or any of our affiliates’ name and reputation;
- Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
- Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use the Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site or to any other user of the Site and/or Materials. These Terms shall survive termination of your account and your ability to access your account, as applicable. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
8. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. Unless obligated by law, we do not warrant the accuracy, completeness, or usefulness of this general information. Any reliance you place on such general information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents, unless we are otherwise liable under applicable law.The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Random.win. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Third-Party Links
The Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Random.win, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation. 10. Your Warranties to Us
When you create an account with us, you promise to us that:- You are above the age of 18;
- The information you provide us is accurate, complete, and current and that if the information you provide us or have provided us changes, you will notify us immediately. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service;
- You own the Content you post or upload and/or you have the right to use it and the right to grant us the rights and license to provide the Services as provided in these Terms; and
- The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
11. Disclaimer of Random.win Warranties
Your use of the Site are at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on the Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers, or other users. TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 12. Limitation of Liability
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS. NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF RANDOM.WIN AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, THE CONTENT THEREIN OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). YOU AGREE THAT IN NO EVENT WILL WE, NOR WILL OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 13. Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: violating the intellectual property rights of a third party, providing content to or communicating with us or our affiliates, unauthorized use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms. 14. Copyright Complaints
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. A copy of our policy with respect to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) can be found here. 15. Injunctive Relief
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or Federal courts located in the state of Nebraska. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. 16. Mandatory Arbitration and Class Action and Jury Trial Waiver
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION. You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website here or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award. If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction. If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us. You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at contact@random.win and including in the subject line “Rejection of Arbitration Provision.” 17. Limitations on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 18. Miscellaneous Provisions
- Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
- Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory arbitration provision) shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Omaha, Nebraska, except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms, including all personal information in our possession which we have collected during your use of the Site.
- Headings. Section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
- Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site as accurate, complete, reliable, current, or error-free.
PRIVACY POLICY
Last updated: October 30, 2024
Introduction
Borr Technologies SAS (“Random.win,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website (the “Site”) and the services provided through our Site (the “Services”).
From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. If we make material changes to our Privacy Policy, we may also notify you by other means, such as sending an email or posting a notice on our home page. If required by applicable data protection laws, we will obtain your consent to any material changes. Please review this Privacy Policy periodically.
Please also refer to our Terms and Conditions regarding the proper usage of the Site and Services.
This Privacy Policy covers the following topics:
1. What is Random.win?
Random.win is on a mission to build the most trustworthy RNG on the planet. Random.win’s offices are located at 29 avenue de la princesse, 78110 Le Vésinet, FRANCE. Random.win operates both as a data controller and a data processor of personal data collected from residents of the European Economic Area or the United Kingdom. Random.win operates as the data controller of the personal data that it collects on the Site and operates as a data processor of any personal data that users provide through the Random.win platform.
2. Personal Data We Collect
Through your use of the Site and Services, we will collect personal data from you. For purposes of this Privacy Policy, “Personal Data” refers to any information relating to an identified or identifiable natural person that we maintain in an accessible form.
Information You Provide
When you use the Site or Services, you may voluntarily provide us with the following types of Personal Data:
Information as You Navigate Our Site and Services
We automatically collect certain Personal Data through your use of the Site and Services, including the Application. We will automatically collect certain Personal Data, such as the following:
Third Party Information
In some cases, we may receive certain Personal Data from you about a third party. For example, when you contact us, you may provide the name and email address of a third party. If you submit any Personal Data about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Data in accordance with this Privacy Policy.
3. How We Use Your Personal Data
We use the Personal Data we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personal Data we collect to:
4. How We Share Your Personal Data
We may share the information that we collect about you in the following ways:
5. Cookies and Other Tracking Technologies
Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons). To learn more about how we use cookies and to change your cookie settings, please see our Cookie Policy.
6. International Data Transfers
We operate internationally and transfer information to the United States for the purposes described in this policy. The United States may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States.
For any transfers of Personal Data from the European Economic Area (EEA), Switzerland or the United Kingdom that we make to other entities as described in this Privacy Policy, we use appropriate safeguards to ensure for the lawful processing and transfer of the Personal Data, including, when appropriate, the use of standard contractual clauses approved by the European Commission. To obtain a copy of the safeguards, contact us at contact@random.win.
7. “Do Not Track” Signals
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
8. Advertising and Marketing Choices
Depending on your location (and reflecting applicable law), you may have been asked to indicate your preferences, provide us with your consent regarding the receipt of such information from us, and indicate how you would like to receive it.
Wherever you are located, we will send you marketing communications based on any preferences you may have expressed.
We only want to send you information in which you are interested. If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact us as set out in the “How to Contact Us” section below.
For email communications, you can opt-out and/or manage your preferences by clicking on the unsubscribe link provided at the bottom of any email you receive from us. You also may submit a request to us at contact@random.win. If we call you with information you do not want to receive, you can advise us of this during the telephone call.
9. Third Party Links
The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personal Data that is acquired on this Site and Services. We accept no responsibility or liability for these other websites.
10. Security
We maintain commercially reasonable security measures to protect the Personal Data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee absolute security.
11. Children’s Privacy
The Site and Services are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal information from children under 16.
12. Your Choices and Rights
Depending on the jurisdiction in which you are located, you may have additional rights with respect to your Personal Data. We discuss some of those jurisdictions and rights below. For example, you may have the rights to access, delete, update, or correct your information. You also may have the right to object to or opt out of direct marketing from us. If you would like to exercise your legal rights, please contact us at contact@random.win. We will process your request in accordance with any applicable legal requirements.
13. Your Personal Data and Your Rights – United States Only
California Shine the Light Law
We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
Notice to Nevada Residents
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to us at contact@random.win.
14. Your Personal Data and Your Rights –Europe and the United Kingdom Only
If you are in a country in the European Economic Area (EEA) or in the United Kingdom, you are entitled to the following explanation of the legal bases we rely on to process your Personal Data and a description of your privacy rights.
Legal Bases for Processing Your Personal Data
The legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.
Consent
We may process your Personal Data based on your consent such as when you create an account or when you ask us to send certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
Our Legitimate Interests
We may process your Personal Data if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your Personal Data to carry out fraud prevention activities and activities to increase network and information security, to market directly to you, to expand our business activities and to improve our services and the content and functionality of our Site.
To Perform a Contract
We may process your Personal Data to administer and fulfill contractual obligations to you.
To Enable Us to Comply with a Legal Obligation
We may process your Personal Data to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts and to comply with legal process.
Necessary for the Exercise or Defense of Legal Claims
If you bring a claim against us or we bring a claim against you, we may process your Personal Data in relation to that claim. If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Data for any specific processing activity, please contact us using the “How to Contact Us” section below.
Your Rights
Access Your Personal Data
You have the right to obtain from us confirmation as to whether or not we are processing Personal Data about you and, if so, the right to be provided with the information contained in this Privacy Policy. You also have the right to receive a copy of the Personal Data undergoing processing.
Rectify Your Personal Data
You have the right to ask us to rectify any inaccurate Personal Data about you and to have incomplete Personal Data completed.
Restrict Our Use of Your Personal Data
You have the right to ask us to place a restriction on our use of your Personal Data if one of the following applies to you:
Object to Our Use of Your Personal Data
You have the right to object to our use of your Personal Data where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).
Delete Your Personal Data
You can ask us to delete your Personal Data if:
However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Data Kept” section below.
If you do exercise a valid right to have your Personal Data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).
Transfer Your Personal Data to Another Service Provider
You may request that we transfer some of the Personal Data you have provided to you or another service provider in electronic copy. This applies to Personal Data we are processing to service a contract with you and to Personal Data we are processing based on your consent.
To exercise any of these rights, please contact us as described in the “How to Contact Us” section below.
Make a Complaint
If you have any concerns or complaints regarding our processing of your Personal Data, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.
If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority:
How Long Is Your Personal Data Kept?
We will retain your Personal Data for as long as necessary to fulfill the purposes for which we collect it and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting requirements that apply to us.
15. How to Contact Us
For questions or concerns about our privacy policies or practices, please contact us by email at contact@random.win or by writing to us at:
Borr Technologies SAS (“Random.win,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website (the “Site”) and the services provided through our Site (the “Services”).
From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. If we make material changes to our Privacy Policy, we may also notify you by other means, such as sending an email or posting a notice on our home page. If required by applicable data protection laws, we will obtain your consent to any material changes. Please review this Privacy Policy periodically.
Please also refer to our Terms and Conditions regarding the proper usage of the Site and Services.
This Privacy Policy covers the following topics:
- What is Random.win?
- Personal Data We Collect
- How We Use Your Personal Data
- How We Share Your Personal Data
- Cookies and Other Tracking Technologies
- International Data Transfers
- “Do Not Track” Signals
- Advertising and Marketing Choices
- Third Party Links
- Security
- Children’s Privacy
- Your Choices and Rights
- Your Personal Data and Your Rights –United States Only
- Your Personal Data and Your Rights –Europe and the United Kingdom Only
- How to Contact Us
1. What is Random.win?
Random.win is on a mission to build the most trustworthy RNG on the planet. Random.win’s offices are located at 29 avenue de la princesse, 78110 Le Vésinet, FRANCE. Random.win operates both as a data controller and a data processor of personal data collected from residents of the European Economic Area or the United Kingdom. Random.win operates as the data controller of the personal data that it collects on the Site and operates as a data processor of any personal data that users provide through the Random.win platform.
2. Personal Data We Collect
Through your use of the Site and Services, we will collect personal data from you. For purposes of this Privacy Policy, “Personal Data” refers to any information relating to an identified or identifiable natural person that we maintain in an accessible form.
Information You Provide
When you use the Site or Services, you may voluntarily provide us with the following types of Personal Data:
- Sign Up. To sign up for an account, you will provide us with your name and email address, and you will create a unique password for future logins. You will also provide us with your payment information including your credit card information. We use Stripe, a third-party payment processor. Please review Stripe’s privacy policy here.
- Subscribe to Our Newsletter. To subscribe to our newsletter, you will provide us with your email address.
- Job Applications. To apply for a job, you will provide us with your name, email address, phone number, pronouns, and any other information you choose to provide in your resume or cover letter.
- Contact Us. To contact us through the Site, you will provide us with your name, email address, and any other information you choose to provide in your message.
Information as You Navigate Our Site and Services
We automatically collect certain Personal Data through your use of the Site and Services, including the Application. We will automatically collect certain Personal Data, such as the following:
- Usage Information. For example, the pages on the Site you access, the frequency of access, and what you click on while on the Site.
- Device Information. For example, hardware model, operating system, application version number, and browser.
- Mobile Device Information. Aggregated information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
- Location Information. Location information from Site visitors on a city-regional basis.
Third Party Information
In some cases, we may receive certain Personal Data from you about a third party. For example, when you contact us, you may provide the name and email address of a third party. If you submit any Personal Data about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Data in accordance with this Privacy Policy.
3. How We Use Your Personal Data
We use the Personal Data we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personal Data we collect to:
- Register your account;
- Subscribe you to our newsletter;
- Process your job application;
- Contact you regarding our products and services that we feel may be of interest to you;
- Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
- Provide customer care and support;
- Maintain and improve our Site and Services;
- Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of use;
- Defend our legal rights and the rights of others;
- Efficiently maintain our business; and
- Comply with applicable law.
4. How We Share Your Personal Data
We may share the information that we collect about you in the following ways:
- With service providers who perform data services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
- To service providers to prepare, deploy and analyze advertising content;
- To the extent that we are required to do so by law;
- In connection with any legal proceedings or prospective legal proceedings;
- To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
- To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data;
- To any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition or in preparation for any of these events; and
- To any other person or entity where you consent to the disclosure.
5. Cookies and Other Tracking Technologies
Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons). To learn more about how we use cookies and to change your cookie settings, please see our Cookie Policy.
6. International Data Transfers
We operate internationally and transfer information to the United States for the purposes described in this policy. The United States may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States.
For any transfers of Personal Data from the European Economic Area (EEA), Switzerland or the United Kingdom that we make to other entities as described in this Privacy Policy, we use appropriate safeguards to ensure for the lawful processing and transfer of the Personal Data, including, when appropriate, the use of standard contractual clauses approved by the European Commission. To obtain a copy of the safeguards, contact us at contact@random.win.
7. “Do Not Track” Signals
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
8. Advertising and Marketing Choices
Depending on your location (and reflecting applicable law), you may have been asked to indicate your preferences, provide us with your consent regarding the receipt of such information from us, and indicate how you would like to receive it.
Wherever you are located, we will send you marketing communications based on any preferences you may have expressed.
We only want to send you information in which you are interested. If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact us as set out in the “How to Contact Us” section below.
For email communications, you can opt-out and/or manage your preferences by clicking on the unsubscribe link provided at the bottom of any email you receive from us. You also may submit a request to us at contact@random.win. If we call you with information you do not want to receive, you can advise us of this during the telephone call.
9. Third Party Links
The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personal Data that is acquired on this Site and Services. We accept no responsibility or liability for these other websites.
10. Security
We maintain commercially reasonable security measures to protect the Personal Data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee absolute security.
11. Children’s Privacy
The Site and Services are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal information from children under 16.
12. Your Choices and Rights
Depending on the jurisdiction in which you are located, you may have additional rights with respect to your Personal Data. We discuss some of those jurisdictions and rights below. For example, you may have the rights to access, delete, update, or correct your information. You also may have the right to object to or opt out of direct marketing from us. If you would like to exercise your legal rights, please contact us at contact@random.win. We will process your request in accordance with any applicable legal requirements.
13. Your Personal Data and Your Rights – United States Only
California Shine the Light Law
We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
Notice to Nevada Residents
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to us at contact@random.win.
14. Your Personal Data and Your Rights –Europe and the United Kingdom Only
If you are in a country in the European Economic Area (EEA) or in the United Kingdom, you are entitled to the following explanation of the legal bases we rely on to process your Personal Data and a description of your privacy rights.
Legal Bases for Processing Your Personal Data
The legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.
Consent
We may process your Personal Data based on your consent such as when you create an account or when you ask us to send certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
Our Legitimate Interests
We may process your Personal Data if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your Personal Data to carry out fraud prevention activities and activities to increase network and information security, to market directly to you, to expand our business activities and to improve our services and the content and functionality of our Site.
To Perform a Contract
We may process your Personal Data to administer and fulfill contractual obligations to you.
To Enable Us to Comply with a Legal Obligation
We may process your Personal Data to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts and to comply with legal process.
Necessary for the Exercise or Defense of Legal Claims
If you bring a claim against us or we bring a claim against you, we may process your Personal Data in relation to that claim. If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Data for any specific processing activity, please contact us using the “How to Contact Us” section below.
Your Rights
Access Your Personal Data
You have the right to obtain from us confirmation as to whether or not we are processing Personal Data about you and, if so, the right to be provided with the information contained in this Privacy Policy. You also have the right to receive a copy of the Personal Data undergoing processing.
Rectify Your Personal Data
You have the right to ask us to rectify any inaccurate Personal Data about you and to have incomplete Personal Data completed.
Restrict Our Use of Your Personal Data
You have the right to ask us to place a restriction on our use of your Personal Data if one of the following applies to you:
- You contest the accuracy of the information that we hold about you, while we verify its accuracy;
- We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
- We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
- You have objected to us using your information, while we check whether our legitimate grounds override your right to object.
Object to Our Use of Your Personal Data
You have the right to object to our use of your Personal Data where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).
Delete Your Personal Data
You can ask us to delete your Personal Data if:
- We no longer need it for the purposes for which we collected it;
- We have been using it with no valid legal basis;
- We are obligated to erase it to comply with a legal obligation to which we are subject;
- We need your consent to use the information and you withdraw consent;
- You object to us processing your Personal Data where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.
However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Data Kept” section below.
If you do exercise a valid right to have your Personal Data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).
Transfer Your Personal Data to Another Service Provider
You may request that we transfer some of the Personal Data you have provided to you or another service provider in electronic copy. This applies to Personal Data we are processing to service a contract with you and to Personal Data we are processing based on your consent.
To exercise any of these rights, please contact us as described in the “How to Contact Us” section below.
Make a Complaint
If you have any concerns or complaints regarding our processing of your Personal Data, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.
If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority:
- EU Data Protection Authorities (DPAs)
- Swiss Federal Data Protection and Information Commissioner (FDPIC)
- Information Commissioner’s Office (United Kingdom)
How Long Is Your Personal Data Kept?
We will retain your Personal Data for as long as necessary to fulfill the purposes for which we collect it and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting requirements that apply to us.
15. How to Contact Us
For questions or concerns about our privacy policies or practices, please contact us by email at contact@random.win or by writing to us at:
- BORR TECHNOLOGIES SAS
- 29 avenue de la princesse
- 78110 Le Vésinet
- FRANCE
ACCEPTABLE USE
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Borr Technologies SAS (the “Services”) and the website located at https://www.random.win (the “Random.win Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Random.win Site. By using the Services or accessing the Random.win Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
No Illegal, Harmful or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Random.win Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.
Prohibited activities or content include:
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.
Prohibited activities include:
No Email or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Random.win Site.
We may:
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
No Illegal, Harmful or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Random.win Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.
Prohibited activities or content include:
- ⭐️ Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
- ⭐️ Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- ⭐️ Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
- ⭐️ Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
- ⭐️ Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- ⭐️ Interception. Monitoring of data or traffic on a System without permission.
- ⭐️ Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.
Prohibited activities include:
- ⭐️ Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- ⭐️ Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- ⭐️ Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- ⭐️ Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
No Email or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Random.win Site.
We may:
- ⭐️ Investigate violations of this Policy or misuse of the Services or Random.win Site; or
- ⭐️ Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Random.win Site.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
DMCA
Report Copyright Infringement on Random.win
Borr Technologies SAS has adopted this copyright infringement policy in accordance with the Digital Millennium Copyright Act.
If you are a copyright owner, or agent of the owner, and you believe that content available on Random.win infringes one or more of your copyrights please notify us by sending a DMCA Notice of the infringement containing the information below. After we receive a valid and complete notice, we will investigate and block or otherwise make the material unavailable through Random.win. Learn more about our process below.
The email address (preferred) and physical address (less preferred) of our Designated Agent to receive notification of claimed infringement is listed at the end of this policy. Please read it carefully and make sure you are aware of the legal implications of the DMCA. You can be held liable for damages, including costs and attorney fees, if you materially misrepresent that material or activity infringes on your copyright. We may highlight such abuses, too. Consult an attorney before filing a DMCA Notice if you are unsure whether copyrights have been infringed, or if you are unsure whether your materials have been removed in error.
How do you file a DMCA Notice?
Your DMCA Notice must include all of the following information:
Prohibited activities or content include:
Where do you email/send the DMCA Notice?
The quickest way is to email it to contact@random.win. If you prefer, you can instead send it to:
What happens after sending the DMCA Notice?
If the DMCA Notice complies with the above requirements, we will remove or disable access to the cited content that is allegedly infringing. We will make a good faith attempt to notify the alleged infringer of the takedown, with a copy of your DMCA Notice, using the contact information provided to us.
What happens if you receive a DMCA Notice from us?
If you believe your content was removed in error, you can file a counter notification with the information below (“DMCA Counter Notification”).
How do you file a DMCA Counter Notification?
Your DMCA Counter Notification must include all of the following information:
What happens after sending the DMCA Counter Notification?
If we receive valid DMCA Counter Notification that meets the above criteria, we will forward a copy to the person who filed the original DMCA Notice. If we do not receive notice within 10 business days that the person who submitted the DMCA Notice is seeking a court order to prevent the infringement of the content at issue, we will replace or re-enable access to the content that was removed.
If you are a copyright owner, or agent of the owner, and you believe that content available on Random.win infringes one or more of your copyrights please notify us by sending a DMCA Notice of the infringement containing the information below. After we receive a valid and complete notice, we will investigate and block or otherwise make the material unavailable through Random.win. Learn more about our process below.
The email address (preferred) and physical address (less preferred) of our Designated Agent to receive notification of claimed infringement is listed at the end of this policy. Please read it carefully and make sure you are aware of the legal implications of the DMCA. You can be held liable for damages, including costs and attorney fees, if you materially misrepresent that material or activity infringes on your copyright. We may highlight such abuses, too. Consult an attorney before filing a DMCA Notice if you are unsure whether copyrights have been infringed, or if you are unsure whether your materials have been removed in error.
How do you file a DMCA Notice?
Your DMCA Notice must include all of the following information:
Prohibited activities or content include:
- ⭐️ A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the copyright owner;
- ⭐️ Identification (URL) of the copyrighted work or material being infringed upon;
- ⭐️ Description of the work or material that you claim to be infringing and would like to be removed, including information regarding its location (URL) with enough detail so that we can verify it;
- ⭐️ Your full legal name, mailing address, telephone number, and email address where we can contact you;
- ⭐️ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- ⭐️ A statement that the information in your DMCA Notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Where do you email/send the DMCA Notice?
The quickest way is to email it to contact@random.win. If you prefer, you can instead send it to:
- BORR TECHNOLOGIES SAS
- 29 avenue de la princesse
- 78110 Le Vésinet
- FRANCE
What happens after sending the DMCA Notice?
If the DMCA Notice complies with the above requirements, we will remove or disable access to the cited content that is allegedly infringing. We will make a good faith attempt to notify the alleged infringer of the takedown, with a copy of your DMCA Notice, using the contact information provided to us.
What happens if you receive a DMCA Notice from us?
If you believe your content was removed in error, you can file a counter notification with the information below (“DMCA Counter Notification”).
How do you file a DMCA Counter Notification?
Your DMCA Counter Notification must include all of the following information:
- ⭐️ Your physical or electronic signature;
- ⭐️ Identification (URL) of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA Notice is acceptable);
- ⭐️ A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- ⭐️ Your full legal name, mailing address, telephone number, and email address where we can contact you; and
- ⭐️ A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Borr Technologies SAS may be found, and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.
What happens after sending the DMCA Counter Notification?
If we receive valid DMCA Counter Notification that meets the above criteria, we will forward a copy to the person who filed the original DMCA Notice. If we do not receive notice within 10 business days that the person who submitted the DMCA Notice is seeking a court order to prevent the infringement of the content at issue, we will replace or re-enable access to the content that was removed.