TERMS OF SERVICE (USER AGREEMENT)

1. Parties.
This Agreement (“Agreement”) is effective as of the date of order and made by and between:  (i) Ester BV and its wholly owned subsidiary, Ester LLC (together, “Ester”, “we” or “us”), and (ii) the brewery as signed up in this form (the “Brewery” or “you”).

2. Services.
The Brewery agrees to send Ester 12 bottles/cans (each at least 12 fluid ounces) of the beer it is signing up (each, a “Sample”):
Ester will perform a detailed chemical and sensory analysis on the Samples and provide the Brewery with a report summarizing the results of such analysis, including interpretations and raw data. The Brewery understands that a sufficient number of other beers must also be analysed for Ester to provide useful comparisons of the Samples against other beers in the market and that, therefore, such comparisons may be delivered after the initial report and made available on Ester’s online Flavor Intelligence Platform (the “Portal”) post launch. Information about the Samples will be included in our Portal, consumer-facing website (the “Website”) and AI algorithm, as further described in paragraph 5 below.  Brewery will have access to the Portal with its current capabilities at no additional cost for 1 year after delivery of the results. Sample will be featured on the Website about U.S. craft beers.

3. Shipping.  
The Brewery will deliver, at its expense, the Samples to Ester’s New York State lab at the address set forth in the shipping notice within 10 days after receipt of such notice
.  
4. Fees.  
The Brewery shall pay a total of $500 to Ester (i.e., $500 per Sample) within 15 days of receiving an invoice.

5. Privacy Policy and Data Use.
Your privacy is extremely important to us. As part of this project, Ester will provide participating breweries with comparisons between their beers and others in the market. However, Ester will not disclose the actual numbers or raw data of the Brewery’s Samples (“Exact Figures”) publicly or to any other brewery. Without limiting the foregoing, Ester may use and/or disclose any of information that we collect about you or the Samples, or that you provide to us: (i) in connection with the services provided to you by Ester under this Agreement, (ii) to customize and/or improve the performance, content and functionality of our Portal, Website and AI algorithm, (iii) in a Beer Book and in any other compilation or examples of beer data/analysis that Ester may undertake or publish in the future, including in Ester’s marketing materials, (iv) for research purposes, (v) to create further insights for the Brewery and Ester’s other clients, and (vi) to the extent required or requested by law or legal process, in each case, so long as Exact Figures are not disclosed publicly or to any other brewery.

6. Miscellaneous.
This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes any prior agreements between the Parties relating to the subject matter hereof. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Each person signing this Agreement on behalf of an entity represents and warrants that he is fully authorized to execute this Agreement on behalf of such entity, and that such entity shall be bound by the terms contained in this Agreement.  Each Party irrevocably agrees to submit to the exclusive jurisdiction of the state and federal courts of New York over any claim or matter arising under or in connection with this Agreement.

Privacy Policy

The privacy policy should be somewhere on the website, so we can connect to it from the FAQ and/or on the bottom of the page. Less critical than the above, but still not to forget.

PRIVACY POLICY

Ester BV and its US subsidiary Ester LLC ("us", "we", or "our") operates the https://www.ester.ai website and the technology platform ESTER Flavor Intelligence Platform (hereinafter referred to as the "Service"). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.By using the Service, you agree to the collection and use of information in accordance with this policy.

1. Definition

Service
Service means the https://www.ester.ai/ website and the mobile application operated by Ester BV and Ester LLC.

Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies
Cookies are small files stored on your device (computer or mobile device).

Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.



2. type of data collected

Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
·        Email address,
·        First name and last name
·        Address, State, Province, ZIP/Postal code, City
·        Age, Gender

Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customise our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:
·        Session Cookies. We use Session Cookies to operate our Service.
·        Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
·        Security Cookies. We use Security Cookies for security purposes.




3. Usage of data

Ester BV uses the collected data for various purposes:
·        To provide and maintain our Service
·        To notify you about changes to our Service
·        To allow you to participate in interactive features of our Service when you choose to do so
·        To provide customer support
·        To gather analysis or valuable information so that we can improve our Service
·        To monitor the usage of our Service
·        To detect, prevent and address technical issues
·        To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information


4. Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Ester BV legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Ester BV may process your Personal Data because:
·        We need to perform a contract with you
·        You have given us permission to do so
·        The processing is in our legitimate interests and it is not overridden by your rights
·        To comply with the law



5. Retention of Data

Ester BV will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Ester BV will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.


6. Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.If you are located outside Belgium and choose to provide information to us, please note that we transfer the data, including Personal Data, to Belgium and process it there.Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.Ester BV will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.


7.      Disclosure of Data

Business Transaction
If Ester BV is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement
Under certain circumstances, Ester BV may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements
·        Ester BV may disclose your Personal Data in the good faith belief that such action is necessary to:
·        To comply with a legal obligation
·        To protect and defend the rights or property of Ester BV
·        To prevent or investigate possible wrongdoing in connection with the Service
·        To protect the personal safety of users of the Service or the public
·        To protect against legal liability


8.      Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.


9. Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Ester BV aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

·        The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

·        The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

·        The right to object. You have the right to object to our processing of your Personal Data.

·        The right of restriction. You have the right to request that we restrict the processing of your personal information.

·        The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

·        The right to withdraw consent. You also have the right to withdraw your consent at any time where Ester BV relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

10.   Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics: We may use third-party Service Providers to monitor and analyse the use of our Service.

·        Google Analytics:

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Ester BV uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

Google Ads (AdWords):

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

·     Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.


11.   Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.


12.   Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.


13.   Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: contact@ester.ai