By using the Eyenbros Platform as a Professional or Customer, you are indicating that you have read and that you understand and agree to be bound by these policies.
Last Updated: May 17, 2020
Specific Guidance for Members
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws. Members should contact Eyenbros Support if they have any questions about their obligations to comply with this Eyenbros Nondiscrimination Policy. Our Members may not at any time:
Decline another Member (tribe member, a Professional or a Cutomer) based on race, color, ethnicity, origin, religion, sexual orientation, gender identity, or marital status.
Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Post any project, Proposal or make any statement that discourages or indicates a preference for or against any Member on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Disputes and Cancellations Policies
For the Projects where the payment was handled outside the Eyenbros payment system, Eyenbros is not responsible for refunding both parties, although Eyenbros support will take a role in resolving the dispute between parties. Professionals and Customers may benefit from the following terms, but are not eligible for requesting refund from Eyenbros in that particular case.
All users (Cutomers and Professionals) are automatically enrolled in the Rigid Cancellation policy: Cancellation fee is 0% of the total cost. All the project cost will be returned to the Customer's Eyenbros Balance, except for the partial payment that the Buyer already accepted for to be transferred to the Professional's Eyenbros Balance.
We encourage our Customers and Professionals to try and settle conflicts amongst themselves. If for any reason this fails, Eyenbros Support will help solve the dispute.
Project cancellations can be performed on Eyenbros, when eligible, by Eyenbros Support.
In the event that a Customer or Professional encounters an issue related to the service provided for a project, you are encouraged to use the dispute button to attempt to resolve the matter.
Delivery revisions and customer services can be performed by Professionals based on the professional’s guarantee terms. Professionals may determine the length of customer support service period offered to Customers.
Requests for revisions can be performed through the Project page while the Project is not yet marked as Delivered. Requesting to gain more services from Professionals beyond the agreed requirements is not allowed.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
Eyenbros, through its Payment Services Providers, reserves the right to cancel Projects or place funds on hold for any suspected fraudulent transactions made on the Site.
All provided service to the Customer shall be subject to full payment and it may not be delivered if payment is cancelled for any reason.
In the future, personal cancellation policies will be introduced to further protect both Professionals and Customers alike. The Users will be notified about changes of the cancellation policies 30 days before they take effect.
Projects are not eligible to be cancelled based on the quality of service delivered by the Professional, if the service was delivered as described in the Proposal.
When justified, the Project may be cancelled up to 72 hours after the Project is marked as delivered. Upon contact and review of Eyenbros Support team.
Eligibility for requests to Eyenbros to cancel a Project will be assessed by Eyenbros Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Eyenbros delivery system. See below for Project specific eligibility.
During a Project, any non-permitted usage of Eyenbros encountered, after being reviewed by our Customer Support team, may result in the Project being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Eyenbros Terms of Service.
Eyenbros Customer Support will cancel Projects based on, but not limited to, the following reasons:
Active Projects ( Before the Professional delivers the Project)
The Professional is late and unresponsive for more than 72 hours while the Project duration have passed the duration estimated on the Proposal.
Users are abusive towards the other party through threats of low ratings or not complying to the Professional/Customer contract.
The user is no longer an active Eyenbros user due to Terms of Service violations or closure of their account.
The Professional requests additional payments, on or off the Eyenbros platform, by withholding the final delivery of agreed upon requirements/services.
Customers who abuse to gain more services from Professionals beyond the agreed requirements.
Customers who threaten to leave a damaging review to gain more services from the Professional not related to the agreed requirements.
Completed Projects (after the Customer accepts Project delivery, and before the 72 hours limitation)
Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
Eyenbros Support will review cases of Project for late appearing manipulation or cheating.
Eyenbros does not automatically refund payments made for cancelled Projects back to your payment provider. Funds from Project cancellations are returned to the Customer's Eyenbros Balance and are available for future purchases on Eyenbros.
Funds returned to your Eyenbros Balance from cancelled Projects will not include transaction fees paid.
Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Eyenbros Support team, based on the Project’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review.
In certain instances, Eyenbros may offer you credits (“Eyenbros Credits”). Your available Credit balance will appear in your account. Your valid Eyenbros Credits will be automatically applied to your next purchase and can be viewed in your dashboard. Unless stated otherwise, Eyenbros Credits expire following three months from their receipt. Eyenbros Credits cannot redeemable for cash, have no cash value and are nonrefundable. Once used, Eyenbros Credits may not be returned to your account even if your project gets cancelled. Eyenbros Credits may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Eyenbros reserves the right to modify or cancel the Eyenbros Credits program at any time. If you or Eyenbros deactivate or suspend your Eyenbros account, any unused Eyenbros Credits in your account will be forfeited.
We ask for and collect the following personal information about you when you use the Eyenbros Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
You may choose to provide us with additional personal information in Project to obtain a better user experience when using EyenBros Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
When you use the EyenBros Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the EyenBros Platform and Payment Services.
We may use, store, and process personal information to (1) provide, understand, improve, and develop the EyenBros Platform, (2) create and maintain a trusted and safer environment to comply with our legal obligations and ensure compliance with EyenBros Policies and (3) provide, personalize, measure, and improve our advertising and marketing.
We may use the personal information to provide, improve, and develop the EyenBros Platform such as to:
We process this personal information for these purposes given our legitimate interest in improving the EyenBros Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
We may use the personal information to create and maintain a trusted and safer environment such as to:
We process this personal information for these purposes given our legitimate interest in protecting the EyenBros Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
We may use the personal information as a part of Payment services such as to:
The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
To help facilitate Services or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
The EyenBros Platform lets you publish information, including personal information that is visible to the general public. For example:
Based on our legitimate interest to promote the EyenBros Platform we may display parts of the EyenBros Platform (e.g., your project story page) on sites operated by EyenBros’s business partners, using technologies such as widgets or APIs. If your project story pages are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the EyenBros Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
Professionals may need to use third party services available through the EyenBros Platform to assist with managing their ongoing services or providing additional services requested by you, Professionals are responsible for third party service providers they use and ensure those service providers process Customer information securely and in compliance with applicable law including data privacy and data protection laws.
EyenBros may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary:
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the EyenBros Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court Project we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or tribe, or create or increase a risk of fraud upon EyenBros’s property, its Members and the EyenBros Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
EyenBros uses third-party service providers to help us provide Payment Services. EyenBros will need to share your information, to ensure that we will be able to deliver payments to you.
In jurisdictions where EyenBros facilitates or requires a registration, notification, permit, or license application of a Professional with a local governmental authority through the EyenBros Platform in accordance with local law, we may share information of participating Professionals with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Professional’s full name and contact details, location, tax identification number, project details.
We may review, scan, or analyze your communications on the EyenBros Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on EyenBros's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
You may link your EyenBros Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
The EyenBros Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). EyenBros doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, EyenBros, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may access and update some of your information through your Account settings. If you have chosen to connect your EyenBros Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your EyenBros Account).
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely." Please note that if you request the erasure of your personal information:
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to EyenBros Support specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of EyenBros override your own.
In some jurisdictions, applicable law may entitle you to require EyenBros not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing EyenBros w ill no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment , exercise or defence of legal claims.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your EyenBros Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your EyenBros Account, please contact us following the instructions in the Contact Us section below.