Effective Date: 01 August, 2020
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE CAREFULLY BEFORE PROCEEDING. BY PROCEEDING, YOU ARE ACCEPTING AND AGREEING TO THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS, YOU SHOULD CHOOSE "DECLINE" AND PROMPTLY EXIT THE GAINSBOROUGH CONNECTED PRODUCT SOFTWARE APPLICATION. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE GAINSBOROUGH CONNECTED PRODUCT SOFTWARE (“SOFTWARE”) BETWEEN YOU AND ALLEGION (AUSTRALIA) PTY LTD OR ALLEGION (NEW ZEALAND) LIMITED (“COMPANY”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. LICENSE GRANT AND USE
a. Company grants to You a nonexclusive, non‑transferable license to access the Software via your Mobile Device and use the machine-readable version of Software, as may be updated from time to time without notice by Licensor at Licensor’s sole discretion ("Licensed Software"), user manuals and technical materials viewable and printable through Licensor’s website (the "Documentation”). The Licensed Software and Documentation are collectively called the "System.”
b. You acknowledge that You have no ownership, rights, title or other interest in the Software apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the System are the exclusive property of Licensor, and this Agreement shall not be deemed a transfer of title or ownership in any respect.
c. You acknowledge that the license granted hereunder is terminable at will by Company in its sole and absolute discretion to the extent permitted by applicable law. Termination of the Agreement revokes Your license and ends Your rights. In case of such termination, You will immediately cease use of the System. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the Agreement, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or Company’s proprietary rights.
d. You acknowledge that the Licensed Software may include software provided by third parties ("Third-Party Software") and the licensor of any Third-Party Software embedded in the Licensed Software has a proprietary interest in such software.
e. You may view and download a single copy of the Documentation solely for Your personal, non-commercial use. You will not otherwise, in whole or in part, sublicense, copy, rent, loan, transfer, modify, enhance, prepare derivatives of, decompile, or reverse engineer any portion of the System.
f. To the extent permitted by applicable law, if any modifications, enhancements, improvements or alterations to the Software are or have been made by Company, You or any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to Company. You agree to assign to Company any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that are requested of it by Company.
g. Your rights hereunder may not be assigned, sold, transferred, pledged or encumbered in any way. You may not sell, sublicense or rent Software to any third-party. Company may assign this Agreement.
2. MAINTENANCE. Company shall have no obligation to support or maintain Software.
3. CONSULTING AND TRAINING. Consulting and training services are not provided under this Agreement.
4. PROPRIETARY RIGHTS. You acknowledge that System is a proprietary asset of Company.
5. WARRANTIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SOFTWARE. THE LICENSE OF SAID SOFTWARE HEREUNDER IS STRICTLY ON AN “AS-IS” BASIS. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
6. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU WAIVE AND RELEASE ANY CAUSES OF ACTION, BOTH AT LAW OR IN EQUITY, AND/OR ANY REMEDIES YOU MIGHT CURRENTLY HAVE OR HEREAFTER ACQUIRE AGAINST COMPANY, OR ITS RELATED BUSINESSES, SUPPLIERS, AGENTS, OR REPRESENTATIVES ARISING EITHER HEREUNDER OR FROM YOUR PRIOR USE OF THE SOFTWARE. IN NO EVENT, SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR FOR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND EACH PARTY COVENANTS NOT TO SEEK SUCH DAMAGES WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT.
8. GOVERNING LAW
The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
This Agreement and any action related thereto or related to the Software shall be governed, controlled, interpreted, and defined by and under the laws in effect in South Korea, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be South Korea and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of such action.
9. ENTIRE AGREEMENT. This represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supercedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. Notwithstanding the foregoing, the Terms and Conditions of Company’s web site are incorporated herein by reference and are made part of this Agreement. You acknowledge that such Terms and Conditions may be changed at any time without notice by Company, and that such changes to the Terms and Conditions shall be binding upon You.
EFFECTIVE DATE: 01 August, 2020
This Connected Product Privacy Notice (the “Notice”) is brought to you by Allegion (Australia) Pty Ltd or Allegion (New Zealand) Limited (collectively, “Gainsborough”, "we", "our" or "us").
You are being presented with this Notice because you wish to use a Gainsborough connected product (“Connected Product”) with a Gainsborough Freestyle App (“App”) and cloud service that enables certain features and functions such as the App.
Collectively, the features and functions provided by Gainsborough and the App are referred to in this Notice as the “Services".
In this Notice we describe how we collect, use, hold and disclose information that we obtain through your use of the Services and the integration of your Connected Product with the App and/or Third Parties (as applicable). Gainsborough is not responsible nor does Gainsborough control the practices of Third Parties. Additional documentation regarding Third Party privacy practices can be found at their respective websites.
What Information Do We Collect About You and Why?
We collect information about you directly from you and from third parties, as well as automatically through your use of our Services.
Information We Collect Directly From You. When you create an account to use the Services, you must provide us with your name, phone number, and email address and other information that we may request.
Information We Collect Automatically. We automatically collect information about your use of our Services, including: Internet Protocol (IP) address.
App and Third-Party Integrations. We collect the information described in the “Third-Party Integrations” section below.
How We Use Your Information
We use your information, including your personal data, for the following purposes:
How We Share Your Information
We may share your information, including personal data, as follows:
· Third Party Integrations. We share certain information with Sciener or Kaadas in order to provide the services. All information obtained by the Third Party is subject to use by the Third Party’s policies, including their privacy notice. We are not responsible nor do we control the practices of any Third Party.
International Transfers and Offshore Storage of Personal Data
We may use, disclose, process, transfer or store information, including personal data, outside the country in which it was collected, such as to the United States and other countries, which may not guarantee the same level of protection for personal data as the country in which you reside.
Additionally, there are situations when personal data is transmitted to third-party service providers (in China, Germany, and/or other countries, including countries in which Gainsborough operates or as offices) to provide services for Gainsborough, such as payment processing and web hosting and other services required by law. Gainsborough uses third-party service providers to process personal data for service-related and administrative purposes. Such service providers are located in the United States and other locations where Gainsborough does business. When Gainsborough retains another company to perform a function of this nature, such third party will be required to protect the personal data and will not be authorized to use the personal data for any other purpose.
The countries that we may use, disclose, process, transfer or store your information in are likely to be the China, and Germany, and the United States.
You provide your personal data to us voluntarily. Depending on your jurisdiction, you may have the right, at any time, to learn whether Gainsborough process personal data about you, to request information as to your personal data being processed, to access personal data that Gainsborough holds about you; to learn the purpose of the processing and to check whether the data is being processed in accordance with the original purpose, to request that we restrict the use of your personal data or stop using or disclosing your personal data; to request that we update, amend, or delete your personal data; to know the third parties whom your personal data has been transferred, request third parties to be informed of any rectification, update, deletion, object to the occurrence of any result that is to your detriment by means of analysis of personal data exclusively through automated systems, request portability of your personal data or compensation for damages due to unlawful processing of your personal data and to withdraw any previously given consent with regard to your personal data; using the contact information below. You may make such requests by submitting an email to email@example.com. Once we receive your request, we will verify it. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. Allegion will respond to your requests within fifteen (15) days of receiving the request, unless you are notified otherwise by us in writing. There is no charge for requesting access to your personal data but we may ask you to meet reasonable costs in providing you with access, for example photocopying or postage costs. There are some circumstances in which we are not required to give you access to your personal data. We will take all reasonable steps to ensure that the personal data we hold about you remains accurate, up to date and complete.
We may work with service providers (including Amazon Web Services Pinpoint) who conduct analytics to help us track and understand how customers use the Services. Amazon Web Services Pinpoint is an analytics service provided by Amazon that help us analyze how users use the Services. The information generated about your use of the Services will be transmitted to and stored by Amazon on servers in Australia, New Zealand, India, the United States, or other countries. For more information about Amazon’s privacy practices, please see https://aws.amazon.com/pinpoint/data-privacy-compliance-faq/.
We have implemented measures designed to protect the information we collect from damage, misuse, interference, loss, alteration, destruction, unauthorized or accidental use, modification,disclosure, access or processing, and other unlawful forms of processing data. However, please be aware no data security measures can guarantee 100% security. While we monitor and maintain the security of the Services, we do not guarantee that the Services or any products or services is impervious to attack or that any use of the Services or any products or services will be uninterrupted or secure. In addition, information that you transmit over the Internet, including through email or SMS message, is not secured by us and is inherently vulnerable to attack or interception.
Storage of Personal Data
We store your information in electronic and physical formats. Your data remains stored by us in the Services. After you delete your Services account, we may continue to use and store your information in accordance with our record retention policies and this Notice. As a general matter, we do not retain personal data for longer than is required or appropriate for the purposes for which it was collected, unless a longer or shorter period is necessary for our legal obligations, or customs of the industry, or to defend a legal claim, or to comply with legal, accounting, regulatory or reporting requirements, and consistent with applicable law.
What Choices Do I Have Regarding Use of My Personal Data?
We may send periodic promotional emails and other communications to you with offers and announcements we think may interest you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Further, you may opt-out of promotional communications by sending an e-mail to Brad.Mun@allegion.com. Please note that it may take up to 10 business days for us to process opt-out requests regarding promotional emails and longer for other types of requests. If you opt-out of receiving promotional communications from us, we may still send you communications about your account or any products or services you have requested or receive from us.
No One Under 18
Our Services are not designed for anyone under 18. If we discover that a person under 18 has provided us with personal data, we will delete such information from our systems.
Do Not Track Disclosure
Currently, our systems do not recognize browser “do-not-track” requests. You may disable certain tracking (e.g., by disabling cookies). To learn more about do-not-track signals, please see https://allaboutdnt.com/.
Additional Information for Residents of Certain Jurisdictions
Depending on your jurisdiction, you may have some or all of the following rights with regard to our processing of your personal data, except to the extent such rights are limited by law:
Right to access, correct and delete your personal data: Gainsborough will use reasonable measures designed to ensure that all personal data is correct. You also have a responsibility to ensure that changes in personal circumstances (for example, change of address, bank account, etc.) are notified to Gainsborough so that we can ensure that your personal data is up-to-date.
You have the right to request access to any of your personal data that Gainsborough may hold and to request correction of any inaccurate personal data relating to you. You furthermore have the right to request deletion of personal data we hold about you.
Right to withdraw consent: In the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time by sending an email to firstname.lastname@example.org, specifying your request, without affecting the lawfulness of processing based on consent before its withdrawal.
Data portability: To the extent that we use your personal data on the basis of consent for the performance of a contract and that personal data is processed by automatic means, you have the right to receive all such personal data that you have provided to Gainsborough in a structured, commonly used and machine-readable format, and also to require us to transmit it to another data controller where this is technically feasible.
Right to restrict personal data use: You have the right to restrict our use of your personal data where (i) you contest the accuracy of the personal data; (ii) the use is unlawful but you do not want us to erase the personal data; (iii) we no longer need the personal data for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal data use justified on our legitimate interests pending verification as to whether Gainsborough has indeed compelling interests to continue the relevant personal data use.
Lodge a complaint: You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal data violates this Notice or applicable law.
You may revoke the consent that, as the case may be, you granted us for the handling of your personal data. However, it is important that you keep in mind that not in all the cases we will be able to answer your request or immediately conclude the use thereof as it is possible that due to some legal obligation we will be required to continue handling your personal data. To revoke your consent you must send your request to the following email address: email@example.com.
Changes to this Notice
This Notice is current as of the Effective Date set forth above. We may change this Notice from time to time, so please be sure to check back periodically. We will post any changes to this Notice within the Services. You can obtain a copy of our current Notice by contacting us. If we make any changes to this Notice that materially affect our practices with regard to the personal data we have previously collected from you, we will endeavor to provide you with notice by highlighting the change in the Services or by emailing your email address of record.
Please contact us at Allegion (Australia) Pty Ltd or Allegion (New Zealand) Limited at (email: firstname.lastname@example.org or email@example.com) if you have any questions or concerns about this Policy, the personal data we have about you, require assistance in managing your choices, or have other questions, comments or complaints regarding our privacy practices.