Terms of Service

Scope & Structure

1.1 The website accessible from drapernation.com represents the main entry point to and showcase of Draper Nation (the “Website”).

1.2. These terms of service (“ToS”) set forth an agreement between You and Draper Nation governing Your access and use of the Website and services therein available.

1.3 For the purpose of the ToS “You”, “Your” or “User” refers to you as an individual who accesses and uses the Website.

1.4 The Website and all the rights over it belong to Draper Nation.

1.5 The services offered through the Website may include a newsletter and anything else designed by Draper Nation to keep You informed and engaged.

1.6 In addition to the ToS, use of the Website is governed also by: (a) Draper Nation’s privacy policy, (b) Jur’s cookie policy; (c) any additional rules and/or terms identified or displayed on the Website or in connection with a particular function of or service provided through the Website (the “Additional Terms”).

1.7 The Privacy Policy, the Cookie Policy, and any Additional Terms are incorporated by reference herein and constitute the ToS. Please read the ToS carefully.

1.8 Draper Nation also reserves the right to provide content, services and software applications that are governed by specific and separate terms and conditions and privacy policies. Therefore, these ToS only apply to content, services and software applications that expressly refer to the ToS and which are therefore to be legally considered an extension of the Website.

Acceptance of the TOS

2.1 Your access to or use of the Website constitutes Your acceptance to the ToS and Your representation that You have the right, authority and capacity to enter into the ToS (for Yourself or on behalf of the entity You represent). If You do not agree with any of the provisions of the ToS, do not use the Website.

2.2 Draper Nation reserves the right to revise the ToS at any time, at its sole discretion, by posting an updated version of these provisions on the Website. Therefore You are recommended to visit this page periodically to review the most current ToS, because they are binding on You. By continuing to access or use the Website after updated ToS have been posted, You agree to be bound by the updated ToS.

2.3 The Website is available only for individuals who are 18 years or older. If You are under the age of 18, then You agree to review the ToS with Your parent or guardian to make sure that both You and Your parent or guardian understand and agree to the ToS. You agree to have Your parent or guardian review and accept the ToS on Your behalf. If You are a parent or guardian agreeing to the ToS for the benefit of anyone under 18, then You agree to and accept full responsibility for that person’s use of the Website including all financial charges and legal liability that he or she may incur.

User’s Statements

3.1 You acknowledge and accept:

(a) that the ToS exclusively regulate Your relationship with Draper Nation and do not give rise to rights in favour of, or obligations on behalf of, third parties;
(b) that the contents of the Website are for information purposes only, unless where otherwise specified and subject to additional terms and conditions;
(c) that Draper Nation will provide the Website, compatibly with the needs related to any scheduled or extraordinary maintenance of the Website;
(d) that the costs of connection to the internet network, and the costs possibly related to the connection modes, are at Your own expense.

User’s Obligations & Liabilities

4.1 You undertake to comply with the following provisions:

• (a) do not use the Website in an improper manner. For instance, it is forbidden to use the Website in ways or for purposes not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Website or damage it, to access the Website using automated tools (such as collection bots, robots, spiders or scrapers);(b) provide Your true Data;
  (c) do not violate:
• the ToS;
• the applicable law;
• any rights of Draper Nation and/or third parties.

4.2 You will be liable, indemnifying and holding Draper Nation harmless, for any action, including reasonable legal fees, brought by third parties and aimed at obtaining compensation for damages concerning violations of the obligations referred to in the previous article.

Draper Nation’s Rights

5.1 If Draper Nation notices any violation by You with respect to the provisions of the ToS, Draper Nation may, at its own unquestionable judgement and without this entailing any obligation to pay compensation to You, take any action against You, including actions to claim compensation for damages.

5.2 Draper Nation is entitled to:

(a) modify, update, suspend, limit or interrupt the operation of the Website at any time, or modify and/or replace the domain name;
(b) analyze the traffic on the Website (e.g. to identify the most visited pages, the number of users per time slot or day, geographical areas of origin, etc.) in order to understand how the Website is used and manage it, optimize and improve it, or even simply for statistical purposes (for more information about this, you are recommended to read our Privacy Policy and Cookie Policy);
(c) solve operational problems (e.g. anomalies in page loading);
(d) perform monitoring activities to repel and/or prevent cyber attacks and fraud.

Limitation of Liability

6.1 If Draper Nation modifies, updates, suspends, limits or interrupts the operation of the Website, no liability will arise in Your favour.

Intellectual Property

7.1 Except for various indications present on the Website with specific reference to certain Contents available on the Website, Draper Nation is the sole owner of all intellectual property rights on the Website and on the contents that are available on the Website.

7.2 The provision of the Website by Draper Nation will not be considered as a transfer or license by Jur in Your favour of any intellectual property right on the Website or on the contents available on the Website, or as the object of any other right of use by You and/or third parties.

7.3 All trademarks and logos reproduced on the Website belong to their legitimate owners, and are cited for information purposes only; Draper Nation has no rights to such trademarks and logos, except its own.

Request of Services

8.1 Through the Website, Draper Nation may offer You the ability to subscribe to services such as newsletters, request or make applications to access or test demonstration or trial versions of the Draper Nation’s products or any other products made by Draper Nation (the ‘Services’).

8.2 Draper Nation reserves all rights to not respond to requests for Services or to suspend Services or to provide Services only to certain users of the Website, at its sole discretion.

8.3 The newsletter is provided for free.

8.4 The provision of the newsletter requires your registration. You may unsubscribe from the newsletter at any time.

Privacy Policy

9.1 Your personal data will be processed in accordance with applicable law, as provided in the Privacy Policy herein, and Cookie Policy.

The “General Data Protection Regulation” (EU Regulation 2016/679, also known and hereinafter referred to as “GDPR“) requires us, pursuant to Article 13, to provide You with the following information on the processing of Your Personal Data. This policy informs you of the Personal Data Processing activities we perform as a result of providing the website of Draper Nation accessible via drapernation.com. “Processing of Personal Data” means any operation concerning any information relating to an identified or identifiable natural person. For example, first and last name, or an email address with a “user name” that identifies you (e.g. johndoe@….) is considered “Personal Data”, and the actions of collection, registration with us and use of your Personal Data to send you a communication are considered “Processing” operations; same applies to communication of Data to other organisations and storage. As our entity provides the Services and establishes purposes and means of the Processing of Personal Data relating to You, we qualify as “Data Controller” under the GDPR. If You, the User, are the individual whose Personal Data are processed by us, you are referred to as a “Data Subject,” and you have the right to receive the following information about who we are, what Personal Data we process, why, how and for how long we process it, and what obligations and rights you have regarding it. If the actual User of the Services is some type of entity (e.g., company, association, etc.), the Data Subjects are the natural persons who materially use the Service on behalf of the entity (e.g., the entity’s legal representative and/or its members and/or workers). In the latter case, information strictly related to the entity (e.g., VAT number) is not considered Personal Data, while other information referring to individuals (e.g., identification data of the legal representative) is Personal Data. Depending on the Services that You use, we may need to process certain Personal Data. In some cases, specified below, we may have an interest in processing Personal Data for purposes other than the provision of the Services: in these cases, we will process only where there is an appropriate legal basis and, where required by law, on the basis of the Consent of the Data Subject. The following grid and clauses explain how the Company, as Data Controller, will process Your Data. Definitions of terms and expressions used within this Privacy Policy are contained in the Glossary below. For anything not expressly defined therein, please refer to the definitions set forth in our general terms and conditions, and/or in other legal texts available at drapernation.com on the date You read this Privacy Policy. In any case of conflict between definitions, the definitions contained in the Glossary below will prevail for the purposes of the Privacy Policy.

9.2 In particular, Your request of Services implies the processing of Your personal data for on the legal basis described in the Privacy Policy as “need to perform the contract” or described otherwise, referring in any case to Article 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our services or applications by You for job positions at Draper Nation.

Who are we (‘Data Controller’)? Draper Startup House, residing at 39 Ann Siang Rd, Singapore 069716 and Jur AG (hereinafter simply referred to ” Data Controller”).
What are the categories of Data Subjects to whom the Privacy Policy is addressed?

• To all categories of Users who are individuals
• To all for individuals who materially use the Services on behalf of the Users, where the User is a legal entity

What categories of Personal Data do We process? Browsing Data and Common Data to the minimum extent necessary to achieve each of the Purposes set out below.

Please do not include any “sensitive” information in the communication texts and description fields of our online forms (sensitive information is considered to be Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data and data concerning a person’s health or sex life or sexual orientation).

What is the origin of your Personal Data? Normally it is you who transmits them to us or another individual who is part of the organization for which you work and authorized for the purpose.

Miscellaneous

Purpose	Categories of Personal Data	Legal Basis	Retention Period
Analysing traffic on the Site (e.g. detecting the most visited pages, number of visitors per time slot or per day, geographical origin, average connection time, browsers used, visitor origin – from search engines or other sites -, phrases and words searched, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes; solving operational problems (e.g. anomalies in page loading); performing monitoring activities to repel and/or prevent cyber attacks and fraud	Browsing Data, anonymous information (which does not allow us to trace Your identity) and Common Personal Data (e.g. full IP address)	The need to make the Site available in accordance with the terms of service or other similar legal text available on the Site on the date of access in question (Art. 6.1.b GDPR)	1 Week from the date of Your last access to the Site
Satisfying Your requests regarding the Site and our activities received at the contact details on the Site	Common Data	The need to take pre-contractual measures at Your request (Art. 6.1.b GDPR)	For a maximum of 2 years from Your last request
Providing the Services and carrying out the related transactions, if any	Common Data	The need to execute the agreement of purchase and sale (Art. 6.1.b GDPR)	For a maximum of 10 years from the date of Your last purchase
Direct marketing communications relating to dapp(s), sent to the e-mail address You have previously provided to us (“soft spam” or “soft opt-in”)	Common Data	Our legitimate interest in consolidating our business relationship with You (Art. 6.1.f of the GDPR), unless You inform us that You wish to object it	For a maximum of 2 years from the date of Your last access to your account
Direct marketing, also, after profiling. In particular, it is specified that the Data, also with the help of Cookies, will be used to re-target subjects who are already users of the Site, even if only as visitors, or to find new ones based on the characteristics of the subjects who are already users of the Site. Direct marketing activities, including but not limited to the newsletter, have the sole purpose of letting users know about news, commercial or otherwise, proposed by the Site and the Company, and do not include the promotion of goods or services offered by third parties. The Company does not transfer Data to third parties so that these third parties can propose their products to users of the Site.	Browsing Data and Common Data	Express consent, also with respect to the installation of Cookies (Art. 6.1.a GDPR).	Until consent to processing is revoked
Fulfilling obligations under Applicable Law and/or orders issued by Authorities, based on the need to fulfil legal obligations to which the Data Controller is subject	Common Data	Depending on the case, the need to execute the purchase and sale agreement (Art. 6.1.b GDPR), or the need to fulfil legal obligations from another source (Art. 6.1.c GDPR)	For the time required by these legal and regulatory obligations
Establish, exercise and/or defend a right in court on the basis of the need to pursue that purpose	Common Data	Our legitimate interest in exercising or defending our rights in court (Art. 6.1.f GDPR)	For the duration allowed by the law to establish, exercise and/or defend the right considered.

Clarification of Maximum Retention Period Your Personal Data will be processed for the maximum periods indicated above for the respective processing purposes, unless Applicable Law requires us to retain it for a longer period or permits us to do so in order to protect our rights and/or legitimate interests.
To whom do we disclose Data (Recipient Categories)? To the minimum extent necessary to achieve each of the Purposes, on the basis of Applicable Law and/or a contractual agreement with the Data Controller.

The Data Controller does not disclose Personal Data, except where such disclosure is required, in accordance with the law, by Authorities, information and security bodies or other public entities for purposes of defense or State security or for the prevention, detection or prosecution of criminal offenses.

Do we transfer Personal Data outside the European Union? Some of our IT service providers are based in countries that may not have equivalent privacy and data protection laws to the country in which You reside. We ensure that when we transfer information of users in the European Economic Area, the United Kingdom or Switzerland, to third countries, the transfer will take place only if there is an adequacy decision or on the basis of the Standard Contractual Clauses (SCCs) provided by the European Commission and other appropriate measures to safeguard the transfer. You can contact us for further information about the transfer of Personal Data outside the above-indicated areas. If You do not agree with the above, please do not use our Services.

Does the Site make use of Cookies? Yes, and you can learn what happens on this matter by reading our Cookie Policy.

Am I obliged to provide my Personal Data? Due to the way the Internet works, you may not refuse to disclose your Browsing Data; you may not refuse to disclose certain Personal Data (such as the IP address of Your device).

What happens if I refuse to disclose my Data? If you refuse to provide Personal Data for the above contractual or pre-contractual purposes, we will not be able to enter into/perform the contractual relationship or fulfill your request.

What kinds of communication will you send me? An email newsletter (only if you have given us your express consent and until you revoke it, or email (only if you have sent us requests).

Please note that to interact with its Users, Draper Nation reserves the right to use any service, platform or tool, including but not limited to Discord, Facebook, Typeform.com. For information that Draper Nation requests directly from you through these channels, Draper Nation is the Data Controller and the processing of such information will be done in accordance with this Privacy Policy (and, as the case may be, such third-party providers may act as Data Processors on our behalf). For the use and registration to these channels, however, you are considered a direct User of those services and therefore the operators of those services will process your Data as independent Data Controllers in relation to Draper Nation. Therefore, we recommend that you carefully read the terms of service and privacy policies of such operators.to interact with its Users, Draper Nation reserves the right to use any service, platform or tool, including but not limited to Discord, Facebook, Typeform.com. For information that Draper Nation requests directly from you through these channels, Draper Nation is the Data Controller and the processing of such information will be done in accordance with this Privacy Policy (and, as the case may be, such third-party providers may act as Data Processors on our behalf). For the use and registration to these channels, however, you are considered a direct User of those services and therefore the operators of those services will process your Data as independent Data Controllers in relation to Draper Nation. Therefore, we recommend that you carefully read the terms of service and privacy policies of such operators.

What rights do You have as a “Data Subject”? You, as Data Subject, have the right to withdraw Your consent.

Who can you contact with questions or to exercise your rights? You may contact the Data Controller for questions concerning the processing of your Personal Data and to exercise your rights by sending an email to hello@drapernation.com.

This Privacy Policy is in force from the date indicated in the header. We reserve the right to modify its content, in part or in full. Such updates will be in force from the date of their publication. You are therefore invited to visit this section regularly. We do not knowingly collect personal information about natural persons who, according to their national law, lack the legal capacity to act for the purpose of entering into contracts, except for requests relating to minors made by persons exercising parental authority or custody over the minors concerned. If information on such persons is recorded, We will delete it in a timely manner at the request of the Data Subject or the person exercising parental authority over him or her.

10.1 Any tolerance by Draper Nation towards Your conduct that is in breach of the provisions contained in the Terms of Use does not constitute a waiver of the rights deriving from the provisions violated.

10.2 Rights and remedies provided in the ToS are not exclusive but are in addition to those available under the applicable law.

10.3 If any provision of the Terms of Use is judged by a court or other competent authority as null, invalid, or unenforceable, such provision will be deemed erased from the ToS and the remaining provisions of the ToS will remain effective and valid.

10.4 Any limitation or exclusion of liability provided for Draper Nation by the ToS will apply to the maximum extent permitted by law.

Contacts

11.1 For any information regarding the use of the Website and these ToS, You may contact Draper at hello@drapernation.com.

Applicable Law and Jurisdiction

12.1 The Parties expressly agree that the ToS is exclusively governed by the Singapore Law without regard to its choice of law or conflicts of law principles.

12.2 The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the ToS is subject to the exclusive jurisdiction of the Singapore Court.