These terms and conditions govern your use of our cloud subscription service.
By using our cloud service, you agree to these terms and conditions in their entirety; therefore, if you do not agree with these terms and conditions or any part of these terms and conditions, you must not use our cloud service (ZKTeco).
By registering for our cloud service, submitting any materials to our cloud service, or using any of our cloud services, you expressly agree to these terms and conditions.
By using our cloud service and accepting our terms and conditions, you represent that you are at least 18 years of age; otherwise, you must not use this service.
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This document was created using a SEQ Legal template.
Copyright notice
Copyright (c) 2020 ZKTeco Global.
Subject to the express provisions of these terms and conditions:
We, together with our licensors, own and control all copyright and other intellectual property rights in our cloud service and the material on our cloud service; and
All copyright and other intellectual property rights in our cloud service and the material on our cloud service are reserved.
Permission to Use the Cloud Service
You may:
view pages from our cloud service in a web browser;
download pages from our cloud service for caching in a web browser;
print pages from our cloud service for your personal, non-commercial use, provided that such printing is not systematic or excessive;
stream audio and video files from our cloud service using the media player on our cloud service; and
use our cloud services through a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Cloud Service or save any material to your computer.
You may only use our Cloud Service for your own personal and business purposes; you must not use our Cloud Service for any other purpose.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Cloud Service.
Unless you own or control the relevant rights to the material, you must not:
replicate material from our Cloud Service (including republication on another Cloud Service);
sell, rent, or sublicense material from our Cloud Service;
publicly display any material from our Cloud Service;
exploit material from our Cloud Service for commercial purposes; or
redistribute material from our Cloud Service.
Not with standing Section 4.5, you may redistribute our newsletter in print and electronic format to anyone.
We reserve the right to suspend or restrict access to our Cloud Service, areas of our Cloud Service, and/or features of our Cloud Service. We may, for example, suspend access to the Cloud Service during server maintenance or when we upgrade the Cloud Service. You must not circumvent or attempt to circumvent any access restriction measures on the Cloud Service.
Misuse of the Cloud Service
You must not:
use our Cloud Service in any way or take any action that causes, or may cause, damage to the Cloud Service or impairment of the performance, availability, accessibility, integrity, or security of the Cloud Service;
use our Cloud Service in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity;
Hack or otherwise tamper with our Cloud Service;
Take any action that involves probing, scanning, or testing the vulnerability of our Cloud Service without our consent;
Circumvent any security or authentication system or process on or related to our Cloud Service;
Use our Cloud Service to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits, or other malicious software;
Impose a disproportionately large load on our Cloud Service's resources, including bandwidth, storage capacity, and processing power;
decrypt or decipher any communication sent by or to our Cloud Service without our permission;
conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our Cloud Service without our express written consent;
access or otherwise interact with our Cloud Service using any robot, spider, or other automated means, except for the purpose of search engine indexing;
use our Cloud Service except through our public interfaces;
use data collected from our Cloud Service for any direct marketing activities, including, without limitation, email marketing, SMS marketing, telemarketing, and direct mail; or
do anything that interferes with the normal use of our Cloud Service.
Any action contrary to the aforementioned may be considered an infringement and prosecuted under copyright law and/or the Federal Law for the Protection of Industrial Property.
You must not use data improperly collected from our Cloud Service to contact individuals, companies, or other persons or entities. Improper collection will be defined as any information that does not have our express authorization for collection, collection, storage, or disclosure.
You must ensure that all information you provide to us through our Cloud Service, or in connection with our Cloud Service, is true, accurate, current, complete, and not misleading.
Registration and Accounts
To be eligible for an account on our Cloud Service under this Section 6, you must be a customer, consumer, or end-user of ZKTeco.
You can register for an account with our Cloud Service by completing and submitting the account registration form on our Cloud Service.
Accounts are non-transferable, so you must not allow any other person to use your account to access the Cloud Service.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You must not use any other person's account to access the Cloud Service unless you have that person's express permission to do so.
User Login Details
If you register for an account with our cloud service, we will use your email address as your User ID, and your password will be entered by your choice.
Your User ID must not be susceptible to deception and must comply with the content rules set out in Section 10; you must not use your account or User ID for or in connection with impersonating any person.
You must keep your password confidential and secure.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our Cloud Service arising from any failure to keep your password confidential, and you may be held liable for any losses resulting from such failure.
Account Modification
We may:
edit your account details at any time in our sole discretion, with or without prior notice. If applicable, you will be notified of any changes.
Our Rights to Use Your Content
In these terms and conditions, your content means all works and materials (including, without limitation, text, graphics, images, audio material, video material, audiovisual material, scripts, software, and files) that you submit to us or our Cloud Service for storage or publication on, processing by, or transmission through, our Cloud Service.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media; OR reproduce, store, and publish your content in connection with this Cloud Service and any successor Cloud Service; OR reproduce, store, and, with your specific consent, publish your content in connection with this Cloud Service. If you have any questions about the handling of your personal data, you can consult our privacy notice at zktecolatinoamerica.com.
You grant us the right to sublicense the rights licensed under Section 9.2.
You grant us the right to bring an action for infringement of the rights licensed under Section 9.2.
You hereby waive all moral rights in and to your content to the fullest extent permitted by applicable law; and you warrant and represent that all other moral rights in and to your content have been waived to the fullest extent permitted by applicable law.
You may edit your content to the extent permitted by using the editing functionality available in our Cloud Service.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may remove, unpublish, or edit some or all of your content.
Rules Regarding Your Content
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Its content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Be libelous or maliciously false;
Be obscene or indecent, or in any way offend against morality and good conduct;
Infringes any copyright, moral right, database right, trademark right, design right, right of passing off, or other intellectual property right;
Breach any right of confidence, right to privacy, or right provided for in data protection legislation;
Constitute negligent advice or contain any negligent statement;
Constitute incitement to commit a crime, instructions for the commission of a crime, or the promotion of criminal activity;
Be in contempt of any court or in breach of any court order;
violate racial discrimination or hatred laws;
violate official secrets laws;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic, or gratuitous manner;
be pornographic, lewd, suggestive, or sexually explicit;
be false, untrue, inaccurate, or misleading;
consist of or contain instructions, advice, or other information that is capable of being acted upon and that, if acted upon, would cause illness, injury, or death, or any other loss or damage;
constitute spam;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory, or inflammatory; or
cause annoyance, inconvenience, or needless anxiety to any person.
Limited Warranties
We do not warrant or represent:
the completeness or accuracy of the information published on our Cloud Service;
that the Cloud Service material is up-to-date;
that the Cloud Service will operate without error; or
that the Cloud Service or any service within the Cloud Service will continue to be available.
We reserve the right to discontinue or alter all or part of any or all of our Cloud Service services, and to cease publishing our Cloud Service, at any time in our sole discretion, without prior notice or explanation; and except to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment in the event of any discontinuation or alteration of the Cloud Service services, or if we cease publishing the Cloud Service.
To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Cloud Service, and the use of our Cloud Service.
Limitations and Exclusions of Liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liability in any way that is not permitted by applicable law; or
exclude any liability that cannot be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
are subject to Section 12.1; and
govern all liabilities arising under these terms and conditions or in connection with the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our Cloud Service and the information and services in our Cloud Service are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you for any losses arising from any event or events beyond our reasonable control.
We will not be liable to you for any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
We will not be liable to you for any loss or corruption of data, databases, or software.
We will not be liable to you for any special, indirect, or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees, and, taking that interest into account, you acknowledge that we are a limited liability entity, and therefore agree that you will not bring any claim personally against our officers or employees in relation to any losses you suffer in connection with the Cloud Service or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to our Cloud Service;
permanently ban you from accessing our Cloud Service;
Block computers using your IP address from accessing our Cloud Service;
Contact any or all of your internet service providers and request that they block your access to our Cloud Service;
Initiate legal action against you, whether for breach of contract or otherwise; and/or
Suspend or delete your account on our Cloud Service.
When we suspend, prohibit, or block your access to our Cloud Service or a part of our Cloud Service, you must not take any action to circumvent such suspension, prohibition, or block (including, without limitation, creating and/or using a different account).
Variation
We may revise these terms and conditions from time to time.
The revised terms and conditions will apply to your use of our Cloud Service from the date we post the revised terms and conditions on the Cloud Service, and you hereby waive any right you may have to be notified of or consent to revisions to these terms and conditions. We will either provide you with written notice of any revisions to these terms and conditions, and the revised terms and conditions will apply to your use of our Cloud Service from the date we provide such notice. If you do not agree to the revised terms and conditions, you must stop using our Cloud Service.
If you have expressly consented to these terms and conditions, we will ask for your express consent to any revisions to these terms and conditions. If you do not expressly consent to the revised terms and conditions within the period we may specify, we will disable or delete your Cloud Service account, and you must stop using the Cloud Service.
Assignment
You hereby agree that we may assign, transfer, subcontract, or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not, without our prior written consent, assign, transfer, subcontract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our Cloud Service and shall supersede all prior agreements between you and us in relation to your use of our Cloud Service.
Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws in force in Mexico.
Any claim relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Mexico City.
Pricing and Payment
Prices for all Cloud Services are quoted in Mexican pesos (M.N.) or, where applicable, in US dollars, which will invariably be expressed in each case, and payment will only be accepted in these currencies. Taxes will apply according to the applicable tax, such as Value Added Tax (VAT).
In the case of international credit cards, the payment amount will be converted to Mexican pesos before payment is accepted. Currency conversion fees may apply according to your credit card policy.
Your payment card will be debited for your order on the day we send you the formal order confirmation.
Privacy Policy
Introduction
We (ZKTeco Global) are committed to protecting the privacy of our cloud visitors and service users.
This policy applies when we act as the data controller with respect to the personal data of our cloud visitors and service users; In other words, when we determine the purposes and means of processing that personal data.
We use cookies on our cloud service. To the extent those cookies are not strictly necessary for the provision of our services, we will ask you to consent to our use of cookies when you first visit our cloud service.
Our cloud service incorporates privacy controls that affect how we process your personal data.
In this policy, we, us, and our refer to BioTime Cloud. For more information about us, see Section 13.
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We (ZKTeco Global) are committed to protecting the privacy of our cloud visitors and service users.
How do we use your personal data?
In this Section 3, we have set out:
the general categories of personal data we may process;
in the case of personal data we did not obtain directly from you, the source and specific categories of that data;
the purposes for which we may process personal data; and
the legal basis for processing.
We may process data about your use of our cloud services. Usage Data. Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and navigation paths within the cloud service, as well as information about the timing, frequency, and pattern of your service use. The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purpose of analyzing the use of the services. The legal basis for this processing is consent.
We may process your cloud service user account data (account data). Account data may include your name and email address. The source of the account data is you or your employer. Account data may be processed for the purposes of operating our cloud service, providing our services, ensuring the security of our service and cloud services, maintaining back-ups of our databases, and communicating with you. The legal basis for this processing is consent, namely the proper administration of our cloud service and business.
We may process information you post for publication on or through our cloud service (publication data). The publication data may be processed for the purpose of enabling such publication and administering our service and cloud services. The legal basis for this processing is the proper administration of our cloud service and business.
We may process the information contained in any query you send us regarding the services (Query Data). Query Data may be processed for the purposes of offering, marketing, and selling relevant services to you. The legal basis for this processing is the proper administration of our cloud service and business.
We may process information related to transactions, including purchases of services, that you enter into with us and/or through our cloud service (Event Data). Event Data may include your contact details, card details, and event details. The source of the Event Data is you and/or our payment service provider. Event Data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. Provided that, if you are not the person contracting with us, the legal basis for this processing is our legitimate interests, namely the proper administration of our cloud service and business.
We may process the information you provide to us for the purpose of subscribing you to our email notifications and/or newsletters(notification data). The notification data may be processed for the purpose of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent or communication with our cloud service visitors and service users.
We may process any of your personal data [Personal Details (e.g., name, contact details including address, date of birth, documents such as identity card/passport details/Aadhaar details/PAN/Voter ID/Driving License and/or education details)] identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the adequate protection of our business against risks.
In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not provide another person's personal data to us unless we ask you to.
Information obtained from your mobile device through the use of our application, including information such as device location, communication information including contacts and call logs, device information (including storage, model, mobile network), transactional SMS, and promotional application notifications.
Providing your personal data to others
We may disclose your personal data to our insurers and/or professional advisors to the extent reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Your personal data stored in our cloud services database will be stored on the servers of our hosting service providers identified at easytimepro.in.
easytimepro.in.
In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data when such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
International transfers of your personal data.
In this Section 5, we provide information about the circumstances under which your personal data may be transferred to countries outside your location.
The hosting facilities for our cloud service are located in India. The Regulatory Commission of that country has made an adequacy determination regarding the data protection laws of each country. Transfers to other countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the Regulatory Commission.
You acknowledge that the personal data you submit for publication through our cloud service or services may be available, via the internet, worldwide. We cannot prevent the use (or misuse) of such personal data by others. If you have any questions about the handling of your personal data, you can consult our privacy notice at zktecolatinoamerica.com.
Retention and Deletion of Personal Data
This Section 6 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal data.
Personal data that we process for any purpose or purposes will not be retained longer than necessary for that purpose or those purposes.
All information, including (but not limited to) logs, databases, account users, including personal information, will be deleted from the Cloud server within 3 months after the subscription expires without renewal. ZKTeco is not responsible for the loss of this information, subject to the exclusions contained herein.
We will retain your personal data as follows:
For as long as the purpose for its use exists, after which it will be deleted by us, except for any record retention required by applicable law.
Provisions under various laws require that your transaction records be retained for longer periods after an account is deleted. Additionally, in the event of pending legal/regulatory proceedings or if we receive any legal and/or regulatory direction in this regard, or by direct determination or ruling from a jurisdictional authority, we may be required by local law to retain your personal data for longer periods.
Not with standing any other provisions in this Section 6, we may retain your personal data where such retention is necessary to comply with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.
Your Rights
In this Section 7, we have listed the rights you have under data protection law.
Your main rights under data protection law are:
the right to access - you can request copies of your personal data;
The right to rectification - you can ask us to rectify inaccurate personal data and complete incomplete personal data;
The right to erasure - you can ask us to delete your personal data;
The right to restrict processing - you can ask us to restrict the processing of your personal data;
The right to object to processing - you can object to the processing of your personal data;
The right to data portability - you can request that we transfer your personal data to another company or to you;
The right to lodge a complaint with a supervisory authority - you can complain about our processing of your personal data; and
The right to withdraw consent - to the extent that the legal basis for our processing of your personal data is consent, you can withdraw that consent.
You can exercise any of your rights in relation to your personal data by providing written notice to us in accordance with our privacy notice published on our website zktecolatinoamerica.com.
About Cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies can be persistent cookies or session cookies: a persistent cookie is stored by a web browser and will remain valid until its set expiration date, unless deleted by the user before the expiration date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain information that personally identifies a user, but personal data we store about you may be linked to the information stored in and obtained from cookies.
Cookies We Use
We use cookies for the following purposes:
Authentication and status - We use cookies to identify you when you visit our cloud service and as you navigate our cloud service, and to determine whether you are logged in to the cloud service;
Personalization - We use cookies to store information about your preferences and personalize the cloud service for you;
Security - We use cookies as part of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our cloud service and services generally;
Advertising - We use cookies to help us display ads that are relevant to you;
Analytics - We use cookies to help us analyze the use and performance of our services; and
Cookie consent - We use cookies to store your preferences regarding the use of cookies in general.
Cookies used by our service providers
Our service providers use cookies, and those cookies may be stored on your computer when you visit our cloud service.
Managing cookies
Most browsers allow you to refuse to accept cookies and delete cookies. The methods for doing so vary from browser to browser and from version to version. However, you can obtain up-to-date information on how to block and delete cookies through these links: