JStock Policy  
Document  
Last updated: June 4, 2020  
1. Introduction  
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with  
our website found at jstockapp.com and the JStock App (the "Service", “Services”) operated by  
Codeimple Ltd ("us", "we", or "our").  
Please read these Terms and Conditions carefully before using our Services.  
Your access to and use of the Services is conditioned on your acceptance of and compliance  
with these Terms. These Terms apply to all visitors, users, and others who access or use the  
Services.  
By accessing or using the Services we offer you agree to be bound by these Terms. If you  
disagree with any part of the terms then you may not access the Service but please let us know  
by emailing at support@jstockapp.com so we can try to find a solution.  
2. Legal Disclaimer  
Information found on jstockapp.com and in the JStock App is general information that may be  
helpful but should not be construed as legal, tax, or other professional advice. Laws differ by  
country and we cannot guarantee the accuracy of this information for your particular scenario.  
You should consult an experienced attorney, tax professional or financial advisor concerning  
your specific situation.  
3. Who can use the JStock App Services?  
You must be at least 18 years of age to use the Services. No individual under this age limit may  
use the Services, provide any Personal Data to JStock App, or otherwise submit Personal Data  
through the Services (e.g., a first name, last name, or email address without Parental Consent.  
4. Communications  
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials  
and other information we may send. However, you may opt-out of receiving any, or all, of these  
communications from us by following the unsubscribe link or by emailing at  
support@jstockapp.com.  
5. Free Service  
JStock App offers a free basic service level that is available for an unlimited period of time.  
At any time and without notice, JStock App reserves the right to (i) modify the terms and  
conditions of the Free Service offer, or (ii) cancel such Free Service offer.  
6. Subscriptions  
Additional features and premium parts of the Service are billed on a subscription basis  
"Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing  
(
Cycle"). Billing cycles will be set depending on the type of subscription plan you select when  
purchasing a Subscription.  
At the end of each Billing Cycle, your Subscription will automatically renew under the exact  
same conditions unless you cancel it or JStock App cancels it. You may cancel your  
Subscription renewal either through your online account management page or by contacting  
support@jstockapp.com customer support team.  
A valid payment method is required to process the payment for your subscription. You shall  
provide JStock App with accurate and complete billing information that may include but not  
limited to full name, address, state, postal or zip code, telephone number, and a valid payment  
method information. By submitting such payment information, you automatically authorize  
JStock App to charge all Subscription fees incurred through your account to any such payment  
instruments.  
Should automatic billing fail to occur for any reason, JStock App reserves the right to terminate  
your access to the Service with immediate effect.  
7. Fee Changes  
JStock App, in its sole discretion and at any time, may modify Subscription fees for the  
Subscriptions. Any Subscription fee change will become effective at the end of the then-current  
Billing Cycle.  
JStock App will provide you with a reasonable prior notice of any change in Subscription fees to  
give you an opportunity to terminate your Subscription before such change becomes effective.  
Your continued use of Service after Subscription fee change comes into effect constitutes your  
agreement to pay the modified Subscription fee amount.  
8
.
Refunds  
We issue refunds for Contracts within  
Use By Minors  
30 days of the original purchase of the Contract.  
9. ​  
Service is intended only for access and use by individuals at least eighteen (18) years old. By  
accessing or using Service, you warrant and represent that you are at least eighteen (18) years  
of age and with the full authority, right, and capacity to enter into this agreement and abide by all  
of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are  
prohibited from both the access and usage of Service unless you have Parental Consent.  
10. Accounts  
When you create an account for any of our Services, you must provide us with accurate and  
complete information as prompted by the account creation and registration process. Otherwise,  
some of our Services may not operate correctly, and we may not be able to contact you with  
important notices.  
You are responsible for safeguarding the password that you use to access the Service and for  
any activities or actions under your password, whether your password is with our Service or a  
third-party service.  
You agree not to disclose your password to any third party. You must notify us immediately  
upon becoming aware of any breach of security or unauthorized use of your account.  
You have the right to delete your account with us by contacting us. If you choose to permanently  
delete your account, the non-public Personal Data that we have associated with your account  
will also be deleted  
.  
1
1. Intellectual Property  
The Service and its original content, features and functionality are, and will remain, the  
exclusive property of JStock App, it's subsidiaries and its licensors. The Service is protected by  
copyright, trademark, and other laws of both Jamaica and foreign countries. Our trademarks  
and trade dress may not be used in connection with any product or service without the prior  
written consent of JStock App.  
12.  
Links To Other Websites  
Our Service may contain links to third party web sites or services that are not owned or  
controlled by JStock App.  
We have no control over, and assume no responsibility for the content, privacy policies, or  
practices of any third party web sites or services. We do not warrant the offerings of any of  
these entities/individuals or their websites.  
YOU ACKNOWLEDGE AND AGREE THAT JSTOCK APP SHALL NOT BE RESPONSIBLE OR  
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED  
TO BE CAUSED BY, OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH  
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD  
PARTY WEB SITES OR SERVICES.  
WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY  
POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.  
1
3.  
We may use third-party Service Providers to monitor and analyze the use of our Service.  
4. Termination  
Analytics  
1
We may terminate or suspend your account and bar access to Service immediately, without  
prior notice or liability, under our sole discretion, for any reason whatsoever and without  
limitation, including but not limited to a breach of Terms.  
Upon termination, your right to use the Service will immediately cease. I f you wish to terminate  
your account, you may simply discontinue using the Service.  
All provisions of Terms which by their nature should survive termination shall survive  
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity  
and limitations of liability.  
15. Indemnification  
You agree to defend, indemnify and hold harmless JStock App, it's subsidiaries and its licensee  
and licensors, and their employees, contractors, agents, officers and directors, from and against  
any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses  
(including but not limited to attorney'’s fees), resulting from or arising out of a) your use and  
access of the Service, by you or any person using your account and password, or b) a breach of  
these Terms.  
16.  
Limitation Of Liability  
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,  
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,  
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES  
(INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF  
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR  
NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF  
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN  
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM  
FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT  
AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES,  
RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF  
THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS  
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT  
PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL  
THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.  
17. Error Reporting and Feedback  
You may provide us either directly at support@jstockapp.com or via third party sites and tools  
with information and feedback concerning errors, suggestions for improvements, ideas,  
problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge  
and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other  
right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to  
the Feedback; (iii) Feedback does not contain confidential information or proprietary information  
from you or any third party; and (iv) Company is not under any obligation of confidentiality with  
respect to the Feedback. In the event the transfer of the ownership to the Feedback is not  
possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive,  
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use  
(including copy, modify, create derivative works, publish, distribute and commercialize)  
Feedback in any manner and for any purpose.  
18. Disclaimer  
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS  
AVAILABLE" basis.  
The Service is provided without warranties of any kind, whether express or implied, including,  
but not limited to, implied warranties of merchantability, fitness for a particular purpose,  
non-infringement or course of performance.  
JStock App, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will  
function uninterrupted, secure or available at any particular time or location; b) any errors or  
defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the  
results of using the Service will meet your requirements.  
9. Governing Law  
1
These Terms shall be governed and construed in accordance with the laws of Jamaica, which  
governing law applies to agreement without regard to its conflict of law provisions.  
Our failure to enforce any right or provision of these Terms will not be considered a waiver of  
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,  
the remaining provisions of these Terms will remain in effect. These Terms constitute the entire  
agreement between us regarding our Service and supersede and replace any prior agreements  
we might have had between us regarding Service.  
20. Changes  
We reserve the right to withdraw or amend our Service, and any service or material we provide  
via Service, in our sole discretion without notice. We will not be liable if for any reason all or any  
part of Service is unavailable at any time or for any period. From time to time, we may restrict  
access to some parts of Service, or the entire Service, to users, including registered users.  
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a  
revision is material we will try to provide at least 30 days notice prior to any new terms taking  
effect. What constitutes a material change will be determined at our sole discretion.  
By continuing to access or use our Service after those revisions become effective, you agree to  
be bound by the revised terms. If you do not agree to the new terms, please stop using the  
Service  
21. Waiver And Severability  
No waiver by JStock App of any term or condition set forth in the Terms shall be deemed a  
further or continuing waiver of such term or condition or a waiver of any other term or condition,  
and any failure of JStock App to assert a right or provision under the Terms shall not constitute  
a waiver of such right or provision.  
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be  
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to  
the minimum extent such that the remaining provisions of Terms will continue in full force and  
effect.  
22. Acknowledgement  
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE  
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY  
THEM.  
3. Contact Us  
2
Please send your feedback, comments, requests for technical support by email:  
support@jstockapp.com  
.  
If you have any questions about these Terms, send us an email to legal@jstockapp.com.  
Privacy Policy  
Effective date: June 4, 2020  
1. Introduction  
Our Privacy Policy explains how JStock App ("us", "we", or "our") and some of the companies  
we work with collect, use, share and protect information in relation to our mobile app, website,  
and any software provided on or in connection with JStock App services (collectively, the  
“Service”, “Services”), and your choices about the collection and use of your information.  
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.  
Our Terms and Conditions (  
Privacy Policy constitutes your agreement with us (  
“Terms”​  
2. Background  
JStock App is a publisher and a technology platform, not a registered broker-dealer or  
registered investment adviser, and does not provide investment advice. Investing involves risk  
and investments may lose value. Past performance does not guarantee future results.  
3
.
Data Controller & Owner  
IAM Technologies Limited c/o 53 Lady Musgrave Road, Kingston 10, Jamaica  
. Definitions  
SERVICE means the jstockapp.com website and the JStock App operated by Codeimple Ltd.  
4​  
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 is data collected automatically either generated by the use of Service or from  
Service infrastructure itself (for example, the duration of a page visit).  
COOKIES are small files stored on your device (computer or mobile device).  
DATA CONTROLLER  
 means a 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 data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data  
Controller of your data.  
DATA PROCESSORS (OR SERVICE PROVIDERS) 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 is any living individual who is the subject of Personal Data.  
THE USER is the individual using our Service. The User corresponds to the Data Subject, who  
is the subject of Personal Data.  
5. Information Collection and Use  
JStock App is committed to protecting the privacy of your information. Below, we describe the  
ways in which we use the information we collect and receive to provide, maintain, and improve  
the Service; to provide troubleshooting and customer support; to protect the Service for all our  
users and to contact you.  
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 trouble-shooting and 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.  
6. 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 (“Personal Data”). Personally  
identifiable information may include, but is not limited to:  
0
0
0
.1. Email address  
.2. First name and last name  
.3. Phone number  
0.4. 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.  
Usage Data  
We may also collect information that your browser sends whenever you visit our Service or  
when you access Service by or through any 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 Service with a device, this Usage Data may include information such as the  
type of device you use, your device unique ID, the IP address of your device, your device  
operating system, the type of 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  
customize 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 analyze our Service.  
7. Retention of Data  
We 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.  
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained  
for a shorter period, 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.  
8. 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 Jamaica and choose to provide information to us, please note that we  
transfer the data, including Personal Data, to Jamaica and process it there.  
Your consent to this Privacy Policy followed by your submission of such information represents  
your agreement to that transfer.  
JSTOCK APP WILL TAKE ALL THE STEPS REASONABLY NECESSARY TO ENSURE THAT  
YOUR DATA IS TREATED SECURELY AND IN ACCORDANCE WITH THIS PRIVACY  
POLICY. NO TRANSFER OF YOUR PERSONAL DATA WILL TAKE PLACE TO AN  
ORGANISATION OR A COUNTRY UNLESS THERE ARE ADEQUATE CONTROLS IN PLACE  
INCLUDING THE SECURITY OF YOUR DATA AND OTHER PERSONAL INFORMATION.  
9
.
Disclosure of Data  
We may disclose personal information that we collect, or you provide in the following cases:  
Business Transaction.  
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data  
may be transferred.  
Other cases. We may disclose your information also:  
to our subsidiaries and affiliates;  
to contractors, service providers, and other third parties we use to support our  
business;  
to fulfill the purpose for which you provide it;  
for the purpose of including your company’s logo on our website;  
for any other purpose disclosed by us when you provide the information;  
with your consent in any other case;  
if we believe disclosure is necessary or appropriate to protect the rights, property,  
or safety of JStock App, our customers, or others.  
10. 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.  
11. Your Data Protection Rights Under General Data Protection Regulation (GDPR)  
If you are a resident of the European Union (EU) and European Economic Area (EEA), you  
have certain data protection rights, covered by GDPR.  
We aim 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 what Personal Data we hold about you and if you want it to be  
removed from our systems, please email us at support@jstockapp.com.  
In certain circumstances, you have the following data protection rights:  
the right to access, update or to delete the information we have on 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 your  
Personal Data 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 we rely on your consent to process your personal information;  
Please note that we may ask you to verify your identity before responding to such requests.  
Please note, we may not be able to provide the Service without some necessary data.  
JStock App 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's not overridden by your rights (see  
further details under ‘Legitimate interests’  
For payment processing purposes  
To comply with the law  
12. Legitimate Interests  
We process your personal data when necessary to pursue our legitimate interests in the  
following cases:  
Tailoring our websites, apps and communications for you. We collect information about  
your engagement with us online (such as pages/screens that you have visited on our  
websites or apps) and combine that with aggregated insights we have about our user  
base, to build a fuller understanding of your individual preferences  
Send communication to our subscriber base in relation to new content, app & feature  
updates, critical changes or bug updates.  
Monitoring, improving and protecting our products, content and services  
Sending you some types of direct marketing by email, including a welcome email to  
users and subscribers  
Responding to your comments or complaints  
Undertaking, or inviting you to take part in, market research  
13.  
Service Providers  
JStock App is not in the business of selling or renting your information.  
We may employ third party companies and individuals to facilitate our Services (  
“Service  
Providers”), provide 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.  
14. What type of External Third Parties does JStock App use?  
Cloud storage providers - we use cloud computing platforms that securely store all of our  
data, including customer details.  
Email service providers - in order to send you marketing content and transactional  
emails, we share your details with our email service providers.  
Social Media Platforms - We may make your name and email address available to  
companies in order to advertise and market our services to you through other platforms  
on the internet (e.g. Facebook).  
Analytics tools - we use analytics tools to track the way that users interact with our  
website. See more information under ‘Analytics Tools’.  
Profiling tools - we use profiling tools to understand how you engage with our Services  
and show you content we think will be most relevant to you, based on our understanding  
of your interests and preferences.  
Marketing and insights providers - marketing and insights tools allow us to understand  
our customers better so that we may provide you with the best possible website,  
products and customer service experience. We may share certain information about our  
customers to facilitate this process.  
Customer service platforms - when you interact with our customer service team, your  
details are shared with our customer service platform providers.  
15. Payments  
We may provide paid products and/or services within Service. In that case, we use third-party  
services for payment processing (e.g. payment processors).  
We will not store or collect your payment card details. That information is provided directly to our  
third-party payment processors whose use of your personal information is governed by their  
Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as  
managed by the PCI Security Standards Council, which is a joint effort of brands like Visa,  
Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure  
handling of payment information.  
16. 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.  
17. Children’s Privacy  
Our Services are not intended for use by children under the age of 18 without parental consent.  
We do not knowingly collect personally identifiable information from Children under 18 who have  
not gotten the consent of their parents or legal guardian. If you become aware that a Child has  
provided us with Personal Data without Parental Consent, 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.  
18. 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 “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.  
19. Contact Us  
Please send your feedback, comments, requests for technical support by email:  
support@jstockapp.com  
.  
If you have any questions about Policy, send us an email to legal@jstockapp.com.  
JStock App Disclaimer  
Information found on jstockapp.com and in the JStock App is general information that may be  
helpful but should not be construed as legal, tax, or other professional advice. Laws differ by  
country and we cannot guarantee the accuracy of this information for your particular scenario.  
You should consult an experienced attorney, tax professional or financial advisor concerning  
your specific situation.  
You should NOT rely upon the information or opinions you read. Rather, you should use what  
you read here and on in the App as starting points for doing further independent research on  
companies and investing techniques. Then judge for yourself the merits of the material that has  
been shared on our platforms.  
You are responsible for your own investment decisions. JStock App will not be responsible for  
any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any  
results obtained from the use of such information. JStock App t will not be liable for any loss or  
damage caused by a user’s reliance on information obtained in our assets. If you don't accept  
this responsibility for yourself, then you should not use JStock App.  
If you ignore our advice to do independent research of industries, companies, and stocks,  
choosing instead to trade solely on information, "tips," or opinions found in our App and forums,  
you have made a conscious, willing, free, and personal decision to do so.