Terms & privacy

SERVICE TERMS

Please read through these terms before using our Service. By accessing and using the Service, you expressly agree to the following Services Terms.

1. APPLICABILITY

The terms and conditions herein together with the Privacy Policy (collectively the “Service Terms”) govern your use of the CADDIEON® Service, application or website and other related services (collectively “Service”), operated by CADDIEON® Inc. its subsidiaries or affiliates or suppliers (“CADDIEON®”).

Please note that you are not allowed to use the Service, if you do not agree to these Service Terms.

2. USING THE SERVICE

With the Service you can follow and share your golf rounds tracked with the phone application and define golf course map data.

By using the Service you understand and agree to;

  • Comply with applicable laws, the Service Terms and good manners;
  • Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material;
  • Respect the privacy of others;
  • Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material;
  • You understand that in order to be able to use the Service, your device has to be equipped with a GPS module for golf round tracking.
  • You understand that the Service is licensed and/or made available “as is”. CADDIEON® makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to the applications, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose.

3. REGISTRATION

Use of the Service does require registration. You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.

When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify CADDIEON® about any misuse.

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. CADDIEON® may terminate your registration or restrict your access to certain parts of the Service if there is an indication that you have breached the Service.

Except as set forth in Privacy Policy, CADDIEON® shall not be responsible for any removal of the Material you have submitted from the Service when your registration is terminated.

After the Material is removed from the Service by either you or CADDIEON®, some traces of the Material may remain and copies of the Material may still reside within the Service.

4. RIGHT TO USE THE SERVICE AND THE CONTENTS THEREOF

No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 13 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you.

The Service and the applications of the site are Copyright © CADDIEON® Inc. (Or the respective CADDIEON®’s suppliers or other third parties).

Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of CADDIEON® is prohibited except in accordance with the following terms.

CADDIEON® consents to you using the Service on your computer or mobile terminal or other similar devices, as applicable, downloading the outcomes of the Service and printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by CADDIEON®.

The Service and the content thereof may be used solely for private, non-commercial purposes, subject to these Service Terms and any applicable laws.

Please note that individual applications, documents and/or Services provided on the site as part of the Service may be subject to additional terms, such as end-user software agreements indicated in connection with the applications, documents and/or Services.

The Service may be offered in some countries only and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information.

CADDIEON® reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. CADDIEON® may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.

5. POSSIBLE FEES RELATED TO THE SERVICES

Use of some of the Services may be or become subject to a separate charge, which is then announced separately in connection with the Services.

You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing and other services that require the use of airtime and mobile data services. CADDIEON® assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.

6. LINKS TO THIRD PARTY SITES

For your easy accessibility CADDIEON® may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you shall review and agree to that site’s rules of use before using such site.

You also agree that CADDIEON® has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. A link to a non-CADDIEON® site does not imply that CADDIEON® endorses the site or the products or services referenced in such third party site. In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that CADDIEON® is neither responsible for nor liable for any such links.

7. FEEDBACK AND OTHER SUBMISSIONS BY YOU

There may be possibility within the Service for you to actively participate. By submitting any content, information or feedback (“Material”) to any of CADDIEON®’s servers, for example, by e-mail or via the site, you agree that:

  1. (a) the Material will not contain any item that is unlawful, invasive of another person’s right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature and recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials;
  2. (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Material; and
  3. (c) you own the Material or have the unlimited right to provide it to CADDIEON® and you will grant CADDIEON® worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such Material and distribute reproduced and modified copies thereof. CADDIEON® may incorporate the Material or any concepts described in it in its products without any accountability or liability;
  4. (d) your use of the site will not compromise the security or integrity of CADDIEON®’s computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Service;
  5. (e) you agree not to take any action against CADDIEON® in relation to the Material that you submit and you agree to indemnify CADDIEON® if any third party takes action against CADDIEON® in relation to the Material you submit.

CADDIEON® does not and cannot review the Material posted by users on its Service and is not responsible for such Material. CADDIEON® may at any time at its exclusive discretion monitor or moderate or remove any Material submitted by you or other users.

8. BREACH OF THE SERVICE TERMS

In the event CADDIEON® deems, at its exclusive discretion, that you are in whatsoever manner in breach of the Service Terms, CADDIEON® shall take any action of whatsoever nature, as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation prevention of access and any legal action in any competent authority or court.

Specifically, CADDIEON® has the right to terminate your right to use the Service without notice at any time for any reason at CADDIEON®’s sole discretion and in particular, if you breach these Service Terms or use the Service unlawfully or in a way that CADDIEON® deems inappropriate, for example for commercial purposes or in case CADDIEON® notices exceptionally high traffic to the site from a particular IP address(es).

9. PRIVACY AND DATA PROTECTION

Please note that the Privacy Policy shall apply to your use of the Service in addition to these Service Terms. CADDIEON® will not supply your personal data to third parties unless you specify so, or is legally required to do so. Please familiarize yourself with the Privacy Policy prior to using the Service.

By accepting these Service Terms you expressly make the following representations and warranties and give your consents as described below.

You give your consent to CADDIEON® to the collection, use and disclosure of your personal data of the type and for the limited purposes described in these Service Terms, the information given in connection with your registering, purchasing or otherwise in connection with this Service (including any possible feedback, opinions, preferences or other content you have submitted to CADDIEON®) and in the Privacy Policy. You acknowledge that CADDIEON®’s ability to provide the Service is dependent upon your consent remaining effective.

The Service utilizes location information derived from multiple sources (e.g. GPS) to visualize the golf rounds you have played and determine the location of your mobile device (“your location”). You may share your location information and visualized golf rounds with your friends and make them public in the Internet. The information may be used for locating your position in real time by other users of the Service. However you need to enable the real time locationing and sharing each time you want to use the real time location sharing functionality of the Service. Your location can be shown to other parties freely without revealing your identity.

Your name, user name, weight, height, gender, age and email address will be stored by CADDIEON®. Your weight, height, age and gender are asked for enabling the estimation of the energy consumption in the golf round and for providing relevant anonymous performance comparison reference information to other users and you may opt not to provide that information. The golf rounds you have published and shared in the Service will be available for others in the Service as long as you have deleted those or made them private. If you decide to make your golfing data public, you agree that CADDIEON® may display the golf rounds on our websites and on the CADDIEON®’s collaborating parties’ websites without separate permission from you.

By accepting this Service Terms, you give your consent to the collection and use of your location data and workouts and, upon your specific consent, publish and share the location data and workouts in the Service as described in this Service Terms and in the Privacy Policy.

10. CONTACT INFORMATION

CADDIEON® Inc. Hautakorventie 11a, 90620 Oulu, Finland.

11. NO WARRANTIES

THE SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. CADDIEON® DOES NOT WARRANT THAT THE USE AND/OR APPLICATIONS OF THE SERVICE WILL BE AVAILABLE FOR UNINTERRUPTED OR ERROR OR VIRUS-FREE. CADDIEON® RESERVES THE RIGHT TO REVISE THE SERVICE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE.

12. LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSDED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, CADDIEON® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF CADDIEON® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF CADDIEON® IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13.INTELLECTUAL PROPERTY

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by CADDIEON®. Subject to the Service Terms, CADDIEON® retains all right, title and interest in the Service and in all CADDIEON®’s products, software and other properties provided to you or used by you through the Service.

CADDIEON®’s product and service names are either trademarks or registered trade names of CADDIEON®. Other product and company names mentioned at the site may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of CADDIEON® or the third party owner thereof.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless CADDIEON® from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Service Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.

15. JURISDICTION AND DISPUTE RESOLUTION

The invalidity of a provision of these Service Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Service Terms or any other applicable terms and notices.

These Service Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.

You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.

Except where prohibited by applicable law, these Service Terms and any other applicable terms and notices shall be governed by the laws of Finland. In case you are a US resident the following paragraph shall apply:

All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Any and all claims, except claims for monies due to CADDIEON®, arising out of or relating to the purchase of products, content or services by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or CADDIEON® knew or should have known of the facts giving rise to such claim. Any dispute relating in any way to your visit to this site, or your content, product or service order from this Service, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and CADDIEON®) to final and binding, confidential arbitration to the Dallas, Texas office of the American Arbitration Association (the “AAA”), with such arbitration to be held in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate any CADDIEON® or CADDIEON® affiliates’ or licensors’ intellectual property rights, CADDIEON® may seek injunctive or other appropriate relief in any state or federal court in the state of Texas or, at CADDIEON®’s option, any other appropriate state or country, and you consent to exclusive jurisdiction and venue of such court. Arbitration under these Service Terms shall be conducted under the then prevailing Wireless Arbitration Rules of the AAA (except as such rules may be modified by the terms of these Service Terms), unless otherwise agreed in writing by the parties, and shall be heard by a single arbitrator. The Parties further agree that, in connection with any such arbitration proceeding, each Party shall submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding shall be barred. Subject to any terms contained in these Service Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator’s fees and expenses, as applicable. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a classwide basis, and no arbitration under these Service Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and CADDIEON®.

16. MODIFICATION OF THE SERVICE TERMS

CADDIEON® reserves the right to change or modify at any time without prior notice these Service Terms and any terms and notices applicable to individual documents and/or services provided on the Service. CADDIEON® will notify you of such change or modification by posting an updated version of these Service Terms and/or other applicable terms and notices to the Service. If these Service Terms are changed in a material, adverse way, CADDIEON® will provide a separate prior notice advising of such change.

You are responsible for regularly re-viewing these Service Terms and other applicable terms and notices. Continued use of the Service shall constitute your consent to such changes.

PRIVACY POLICY

This Privacy Policy was last updated in January 22, 2014.

CADDIEON is committed to protecting your privacy and to comply with applicable data protection and privacy laws. Throughout this Privacy Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). “CADDIEON” refers to CaddieON Inc., including its affiliates (also referred to as “we”, “us”, or “our”).

This Privacy Policy applies to personal data collected in connection with products and services offered by CADDIEON and its suppliers or from other interactions with us where a link or other reference of incorporation to this Privacy Policy is made. This Privacy Policy is a part of the Service Terms. Same defined terms are used in this Privacy Policy as in the Service Terms.

With the Service you can follow and share your golf rounds tracked with the mobile device, golf rounds recorded by other means or golf rounds entered manually. The service also allows you to define golf course map data. By using this Service and/or by submitting personal data to the CADDIEON, you express your agreement to the processing of your personal data in the manner provided here and in the Service Terms. If you do not agree with the terms and conditions of the Privacy Policy, please do not use this Service or provide us with your personal data.

THE DATA WE COLLECT

When you use or register for our Service or otherwise interact with us, we may ask you to provide us with information such as your name, email address, phone number, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you.

We may collect demographic information, for example, your age, sex, postal code and language preferences. We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data.

The Service utilizes location information derived from multiple sources (e.g. GPS) to visualize the rounds you have played and determine the location of your mobile device (“your location”). You may share your location information and visualized workouts with your friends and make them public in the Internet. The information may be used for locating your position in real time by other users of the Service. However, you need to enable the real time locationing and sharing each time you want to use the real time location sharing functionality of the Service. Your location can be shown to other parties freely without revealing your identity.

Your name, user name, weight, height, gender, age and email address will be stored by the Company. Your weight, height, age and gender are asked for enabling the estimation of the energy consumption in the golf round and for providing relevant anonymous performance comparison reference information and you may opt not to provide that information. The golf rounds you have published and shared in the Service will be available for others in the Service as long as you have deleted those or made them private. If you decide to make your golfing data public, you agree that CADDIEON may display the golf rounds on our websites and on the CADDIEON’s collaborating parties’ websites without separate permission from you.

We collect or ask for information relating to your purchase and/or use of our products and/or services and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), financial details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and CADDIEON, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information.

For the most part, you may visit our websites or use our products or services without having to tell us who you are. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the adbanners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication.

We will store your personal data and other information that you provide to us through the Service or otherwise in our website for so long as you are a registered in the Service. After you cease to be a registered in the Service we will keep your information on our records for a limited period of time to enable us to respond to any queries that you may have. After this we will delete all of your information from our records, apart from any data that we are required to keep for legal purposes.

THE PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

Your personal data may be processed for following purposes and to the extent necessary for that purpose: i) performance of the agreement or fulfillment of your request; ii) to ensure the security of the Service iii) development and improvement of our products and services; iv) communicating with you; v) personalizing our offering, for example to make recommendations and to display customized content and advertising on our website; vi) creation of statistical information; vii) compliance with mandatory legal requirements and/or in connection with law enforcement or other civil or criminal legal proceedings.

We may use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may use your personal data for marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. Also, some of our products and services may be used to promote products and services of other companies. However, CADDIEON does not disclose your personal data to such companies or any other company for marketing purposes without your prior consent.

SHARING YOUR PERSONAL DATA

We do not sell, lease, rent or otherwise disclose your personal data to unauthorized third parties without your explicit consent unless expressly otherwise stated below.

We may share your personal data if we have your consent to do so. Our Service may include sharing your personal data with other users of the service, for example where users publish their own content.

We may provide your personal data to third parties who work on our behalf for the above purposes. Such parties are not permitted to use your personal data for other purposes, and we require them to act consistently with this Privacy Policy and to use appropriate security measures to protect your personal data.

Our services may be provided using resources locating in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our Services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.

We may be obligated by mandatory legislation to disclose your personal data to certain authorities, such as law enforcement agencies. We may also process your personal data in case needed to defend our legitimate interests in civil or criminal legal proceedings.

In the event that CADDIEON is acquired by or merged with a third-party entity, or we transfer the Service to a third party, we reserve the right, in any of these circumstances, to transfer or assign your personal data and other information we have collected from you as part of such merger, acquisition, sale, transfer or other change of control.

COLLECTING THE DATA OF MINORS

CADDIEON does not seek to collect any information from or engage in any transactions with persons under the age of 13. Our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to determine precisely the age of the user. Insofar as we ask you to provide your age, we block the service from any person who is under 13 years of age. We will also make reasonable efforts to clear our databases of personal data relating to under age users.

CADDIEON’s policy is to request that minors (the legal age of majority and therefore the age of minors is determined by local law where you reside) do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law.

SECURITY OF YOUR INFORMATION

We recognize our responsibility to protect the personal data and other information you have provide us. We take appropriate technical and organizational information security measures to safeguard your personal data against loss and misuse, as well as unauthorized access. However we cannot fully eliminate security risks associated with personal data and we cannot be held liable for any unauthorized access or use of the data you have supplied to us.

USE OF COOKIES

Cookies are used to identify you to our web server. The use of cookies is standard on the Internet. Cookies are a software technology that helps to enhance browsing and to customize our sites to your preferences. User information is saved in cookies to avoid users having to repeatedly log in when they want to enter the Service. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services. You may choose to set up your browser to refuse cookies or alert you when cookies are sent.

OTHER SITES

Our services or products may contain links to other websites and other third party services that have privacy policies of their own. We have no control over, do not review, and cannot be responsible for these third party websites or their content.

YOUR RIGHTS

In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us through the contact points referred to below. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the Service to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.

Please note that CADDIEON may need to identify you and to ask for additional information in order to be able to fulfill your above request. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.

THE CONTROLLER OF YOUR PERSONAL DATA AND CONTACT DETAILS

Your personal data is controlled by CaddieON Inc. Hautakorventie 11a, 90620 Oulu Finland.

In matters pertaining to CADDIEON’s privacy practices you may also contact us at:

CaddieON Inc., Hautakorventie 11a, 90620 Oulu Finland

REGISTER NAME

Customers register for CADDIEON products and services

Changes to This Privacy Policy

CADDIEON may from time to time change this Privacy Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Privacy Policy is changed in a material, adverse way, CADDIEON will post a notice advising of such change at the beginning of this Privacy Policy and on this site’s home page. We recommend that you revisit this Privacy Policy from time to time to learn of any such changes to this Privacy Policy. Your continued use of the Service constitutes your agreement to this Privacy Policy and any future revisions.

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