Privacy Policy

Privacy Policy

Last updated: 19 February 2024.

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

      We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

      Interpretation and Definitions

      Interpretation

      The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

      Definitions

      For the purposes of this Privacy Policy:

      Account means a unique account created for You to access our Service or parts of our Service.

      Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to.

      Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

      Country refers to: World.

      Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

      Personal Data is any information that relates to an identified or identifiable individual.

      Service refers to the Website.

      Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

      Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

      Usage Data refers to 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).

      You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

      Types 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. Personally identifiable information may include, but is not limited to:

      Email address

      Usage Data is collected automatically when using the Service.

      Usage Data may include information such as Your Device’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 by or through a mobile device, We may collect certain information automatically, including, but not limited to, 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.

      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.

      Tracking Technologies and Cookies

      We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

       

      Cookies or Browser Cookies. A cookie is a small file placed on Your Device. 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 parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

      Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.

      Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

      Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

      We use both Session and Persistent Cookies for the purposes set out below:

      Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website or other websites.

      Google’s use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

      Users may opt out of personalized advertising by visiting Ads Settings.

      Necessary / Essential Cookies

      Type: Session Cookies

      Administered by: Us

      Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

      Cookies Policy / Notice Acceptance Cookies

      Type: Persistent Cookies

      Administered by: Us

      Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

      Functionality Cookies

      Type: Persistent Cookies

      Administered by: Us

      Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

      For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

      Use of Your Personal Data

      The Company may use Personal Data for the following purposes:

      To provide and maintain our Service, including to monitor the usage of our Service.

      To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

      For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

      To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

      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.

      To manage Your requests: To attend and manage Your requests to Us.

      For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

      For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

      We may share Your personal information in the following situations:

      With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

       

      For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

      With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

       

      With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

      With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

      With Your consent: We may disclose Your personal information for any other purpose with Your consent.

      Retention of Your Personal Data

      The Company 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.

      The Company 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 time periods.

      Transfer of Your Personal Data

      Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information 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 than those from Your jurisdiction.

      Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

      The Company will take all 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.

       

      Disclosure of Your Personal Data

       

      Business Transactions

      If the Company 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.

      Law enforcement

      Under certain circumstances, the Company 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).

      Other legal requirements

      The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

      Comply with a legal obligation

      Protect and defend the rights or property of the Company

      Prevent or investigate possible wrongdoing in connection with the Service

      Protect the personal safety of Users of the Service or the public

      Protect against legal liability

      Security of Your Personal Data

      The security of Your Personal 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.

       

      Children’s Privacy

      Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. 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 anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

      If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

      Links to Other Websites

      Our Service may contain links to other websites that are not operated by Us. If You click on 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.

      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 “Last updated” 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.

       

      The Company Assets and the selection and arrangement of Octopus VPN contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information. 

       

      - Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of Octopus VPN contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder. - Scope of License Regarding Octopus VPN 

       

      - The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the Octopus VPN App, in object code format, only on Your Device for the sole purpose of personally using Octopus VPN. You only obtain a license to use the object code version of the Octopus VPN App, and You do not have any right whatsoever in the original source code of the Octopus VPN App. You may only use the Company Assets for the sole purpose of personal use of Octopus VPN. 

       

      - If You use the Company Assets in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Octopus VPN). 

       

      - Scope of License Regarding Your Information If You download the Octopus VPN APP to use Octopus VPN, You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the Octopus VPN App in order to use Octopus VPN. 

       

      - Content License In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “ Content ”) on Octopus VPN (Please note that license for your Octopus VPN Live Content (as defined below) will be governed by Article 5 (a), Chapter 6 of the Terms [Link] ), You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that (except for your Octopus VPN Live Content) any Content you provide may be viewed by other registered Users of Octopus VPN. You can delete Content individually or all at once by deleting your account. In addition, so that the Company can prevent the unauthorized use of your Content outside of Octopus VPN, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from Octopus VPN by other Users or third parties.The Company and its affiliates’ license to your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving Octopus VPN and researching and developing new services of the Company. - Restrictions - You only obtain a limited license to use the object code version of the Octopus VPN App. 

       

      - You shall not use the Company Assets for any commercial purposes. - You shall not copy, modify, adapt, translate into any language, resourceribute, or create derivative works based on the Company Assets. - You shall not sublicense, sublease, lease, lend, assign, sell, license, resourceribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void. - You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying User interface techniques, or algorithms of the Company Assets, in particular Octopus VPN and the Octopus VPN App, by any means whatsoever.

       

      - Acts that undermine, or are likely to undermine, public order or moral customs; 

      - Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any other statutory or contractual rights, if applicable, of the Company and/or third parties; 

      - Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others; 

      - Impersonation of the Company and/or third party, or intentionally disseminating false information - Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment; 

      - Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam; - Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using Octopus VPN for any purpose other than those prescribed herein; 

      - Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.; 

      - Using Octopus VPN for purposes of financial crimes; 

      - Encouraging other Users to participate in religious activities or join religious organizations; 

      - Acts that interfere with the server and network system of Octopus VPN, acts of illegally manipulating Octopus VPN by using BOT, cheating tools, or other technical means, acts of intentionally using Octopus VPN’s system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of Octopus VPN; 

      - Generating data through recording, screen capturing, photographing, etc., in the course of using Octopus VPN, or leaking such generated data to a third party or resourceributing it through a third party; 

      - Allowing others to access Octopus VPN with Your account by sharing Your password or lending Your account to others or accessing Octopus VPN with another person’s account; 

      - Using Octopus VPN for purposes other than its intended use; or 

      - Aiding or encouraging any of the acts falling under any of the acts stated above except for i. through ii. above. 

      - You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.

      - You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose. 

      - You shall not use or access any of Octopus VPN by any means other than through the interface provided by Octopus VPN. 

      - You shall not exchange the right to use Octopus VPN for cash, property or other economic benefits other than as permitted by the Company. - You shall not commit or engage in any acts that are in violation of these Terms, Community Guidelines, etc. 

      - Prevention of Unauthorized Use The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of Octopus VPN, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier. - Protection of Personal Information The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy here. 

      - Feedback Any comments, suggestions, or feedback relating to Octopus VPN and/or the Octopus VPN App (“ Feedback ”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Octopus VPN and/or the Octopus VPN App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright. 

      - Assignment You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. CHAPTER 5. Use of Services - Content of Service - General Provisions

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 Octopus VPN 2024

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