Effective Date: October 9, 2017
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 SCHLAGE SENSE SOFTWARE APPLICATION. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SCHLAGE SENSE SOFTWARE (“SOFTWARE”) BETWEEN YOU AND SCHLAGE LOCK COMPANY, LLC (“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. 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. 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. 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.
7. EXPORT CONTROL. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the System or any portion thereof to countries or persons prohibited under the export control laws. By downloading the System, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the System.
9. GOVERNING LAW
The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
For US Users: 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 the State of Indiana, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be Indiana and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of such action.
For Canadian Users: 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 Your Province and the federal laws applicable therein without giving effect to any principles of conflict laws. You agree that any action at law or in equity out of or relating to this Agreement or the Software will be filled only in a court located in Your Province, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of such action.
10. 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: October 9, 2017
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 and email address and other information that we may request.
Information We Collect Automatically. We automatically collect information about your use of our App and Services, including: your location, Browser type, referring URL, device ID, the mobile platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, iOS Identifier for Advertising, iOS Identifier for Vendors, Android Advertiser ID, IP address, the device model, manufacturer and device O/S, session start/stop time, mobile network code, network status (WiFi, etc.) and other statistical or technical information related to your device or the version of our App that you are using.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our App to, among other things, track the activities of App visitors, help us manage content, and compile statistics about App usage. We and our third party service providers may also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
We use your information, including your personal data, for the following purposes:
We may share your information, including personal data, as follows:
You understand and agree that we may use, disclose, process, transfer or store your information outside the country in which your reside or in which it was collected, such as to the United States and other countries, which may not guarantee the same level of protection for your information as the country in which you reside.
Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the privacy and information practices of such third party websites.
We have implemented measures 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 App, we do not guarantee that the App or any products or services is impervious to attack or that any use of the App 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.
We store your information in electronic and physical formats. Your data remains stored by us in the App until you choose to delete your App account. After you delete your App account, we may continue to use and store your information as permitted by this Policy.
To the extent required by applicable law and only to the extent legally permissible, you may object against our use of your personal data, request access to your personal data or request correction, deletion or portability of your personal data by contacting us at email@example.com (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).
We will respond to your request in a reasonable time frame. There are some circumstances in which we are not required to give you access to your personal data.
You may modify personal data that you have submitted by logging into your App, navigating to My Account, and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages within the App for a period of time, and we may maintain copies of such information in our business records. We will take reasonable steps to ensure that the personal data we hold about you remains accurate, up to date and complete.
As long as your relationship with us exists, you have the responsibility to make sure that all your data is up to date. Please be advised that in order to exercise the ARCO rights (Access, Rectification, Cancellation & Opposition) set forth in the Mexican Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), you may contact, at any time, the privacy officer to request information regarding the treatment that is given to your data at the following email address: firstname.lastname@example.org.
In the event that you exercise an ARCO right, you must submit a request, which must contain at least the following information: (i) full name and e-mail or domicile to inform you the answer to your request; (ii) the documents evidencing your identity or, as the case may be, the legal representation; (iii) a clear description of the personal data respect to which you seek to exercise any of the above mentioned rights; and (iv) any other element or document that facilitates the location of the personal data. Your request will be answered within the period permitted by law and we will inform you if the same proceeds through the e-mail or address that you have provided us for these purposes.
We will inform you if your request proceeds by e-mail or in writing within the following 20 (twenty) business days, but in case it is necessary additional information may be requested. In case it proceeds, we will answer your request within a term of 15 (fifteen) business days after the previous term.
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.
We may send periodic promotional emails to you, and, from time-to-time, about third party products and offers we think may interest you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Further, you may opt-out of any use of your personal data by us that you explicitly consented to by sending an e-mail to firstname.lastname@example.org. 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 emails from us, we may still send you e-mails about your account or any Services you have requested or receive from us.
Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal data, we will delete such information from our systems.
If you have any questions about the privacy aspects of our Services or any complaints about the way in which we have handled any privacy issue please contact us at: email@example.com.
We will consider your complaint and determine whether it requires further investigation. We aim to resolve all complaints promptly.
If your personal data is subject to the purview of the Office of the Australian Information Commissioner, and if you are still concerned about the way in which any privacy issue has been handled, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available. If Allegion plc is the controller of your personal data, and you have a complaint regarding the handling of your personal data, you have the right to lodge a complaint with the relevant supervisory authority in Ireland.
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy within the App. You can obtain a copy of our current Policy by contacting us. If we make any changes to this Policy 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 App or by emailing your email address of record.