Ultenic service agreement

September 07, 2021 20 min read

Welcome to Shenzhen Ultenic Technology Co., Ltd.!
Before accepting the Agreement, you must carefully read all the contents of the Agreement and fully understand its terms, especially the restrictive clauses or exceptions. Restrictive clauses or exceptions are bolded or highlighted in other forms to attract your attention. If you are in any doubt about the terms of the Agreement, please contact the relevant Sales Department of Enter company name. You are not allowed to use the Service before you have read and accepted all the terms of the Agreement, relevant agreements and rules, etc. Once you select "I accept and submit the Agreement" (see registration page for detailed wording) and complete the registration process, or use the service in any form, you will be deemed to have read and accepted the restriction of the Agreement and the above rules. If you violate the Agreement, please enter the company name has the right to unilaterally limit, suspend or terminate the service for you and has the right to investigate your relevant responsibilities.
Effective date: 08 March 2017
Ultenic Commitment to Data Privacy Protection
Protecting the security and privacy of your personal data is important to Ultenic. We hope that the policy described below will help you understand what data may be collected, how that data may be used and safeguarded, and with whom personal data may be shared by the various Ultenic companies in the United States ("Ultenic USA").
Personal data
Through our Internet sites, Ultenic USA will not directly collect any personal information about you (such as your name, address, telephone number or e-mail address), unless you voluntarily choose to provide it (for example, through registration, survey or order placement), or unless otherwise required by applicable laws and regulations. From time to time, we may collect personal data about you indirectly from sources other than our Internet sites. The personal data we collect from various sources may be combined.
Data Collected Automatically
When you access our Internet sites or use our mobile applications, we may automatically (i.e. not by registering) collect additional data (such as type of Internet browser, IP address and operating system used, domain name of the Internet site that directed to our site , number of visits, average time spent on the site, pages viewed, information about your interaction with the site). We may use this data and share it with our worldwide affiliates or third parties to monitor the attractiveness of our Internet sites and mobile applications, improve performance or content, personalize content for you, or for other marketing purposes.
purpose of use; Sharing
We may use your personal data to offer the services and functions of the site, to administer your use of the site, to respond to your inquiry or request, to process your order or to provide you with access to specific information or offers, to verify the your identity, as well as to support our relationship with existing or potential customers. Ultenic may store and process personal data (on our behalf or through third parties on our behalf) and share it with our worldwide affiliates (i.e. entities controlled by, parent or under common control with Ultenic) to better understand your business needs and how to implement and improve our business practices, products and services. We (or a third party on our behalf) may use personal data to contact you about an offer to support your business needs or to conduct online surveys to better understand our customers' needs. We may collect, use, disclose and share your personal data:
as provided for in this document;
with your consent,
where it is necessary to carry out your instructions;
prepare, negotiate or execute a contract with you;
as reasonably necessary to provide you with our features and functionality;
to create and administer your account;
to verify your identity in relation to the other purposes listed here;
to communicate with you about employment;
when we reasonably believe it is required by law or by governmental or judicial authorities;
as reasonably necessary to enforce our Terms of Use, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activity, including attacks on Ultenic's computer systems, or to protect the rights of Ultenic or others ;
for those purposes identified at the time of data collection; and/or
for any additional purpose directly related to the original purpose for which the personal data was collected.
We may employ third party companies and individuals to host or support our Internet sites, applications or services to which they refer. These third parties may have access to your personal data to perform these tasks. We do not sell or otherwise market your personal data to other third parties, except as described.
To the extent necessary to help us fulfill your orders or requests, we may share personal data with others, such as our business partners, postal/logistics companies or customs agents/authorities.
We may transfer your personal data and process it outside your country of residence. We may transfer your personal data if we sell or transfer all or any portion of our business or assets, including to any successor company, whether by merger or otherwise.
"Cookies" - Information stored automatically on your computer or device
When you visit one of our websites, we may store certain data on your computer or device in the form of a "cookie" to automatically recognize your computer or device the next time you visit. Cookies can help us in many ways, such as allowing us to customize a website to better match your interests or to store your password so you don't have to re-enter it each time. By visiting our sites, you consent to the placement of cookies on your browser and device in accordance with this Privacy Policy. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your device or computer hard drive, to block all cookies or to warn you before a cookie is stored. If you decide to block cookies, you may not be able to take advantage of all the site's features.
To the extent that our Internet sites collect personal information about an individual's online activities, these sites may, at our discretion, be configured to allow the collection of such personal information over time and across different Internet sites.
Using Third-Party Analytics
Our Internet sites use a variety of third party analytics to improve the site, identify errors and/or customize the information included on the site. In order to exclude your computer or device from the aggregation and analysis of data by third parties due to your visit to this website, a cookie will be placed on your computer. Although the cookie does not contain personal data, it allows third parties to recognize your preference. To manage your analytical cookie preferences
Marketing
We may also advertise using online marketing technology. In doing so, a third party will place or read a unique ad serving cookie on your computer or device and use non-personally identifiable information about your browser and your activity on this site to serve Ultenic ads on their content network. The ad serving cookie is a persistent cookie. Click here for more information on remarketing or to opt out of the remarketing cookie.
Ultenic's email communications may include web beacons to determine if emails have been opened or if any included links have been clicked.
International data transfer
Ultenico USA. may transfer your personal data to its parent company in Germany, Ultenic AG, and any affiliates worldwide during data processing. We may also transfer your data to third parties outside your home country.
Do not track
Our Internet sites do not currently recognize or respond to browser "Do Not Track" signals. For more information on "Do Not Track", visit your browser's support page.
Children
This site is not directed to children under the age of thirteen. We will not knowingly collect personal data from children under the age of thirteen without insisting that they seek prior parental consent, if required by applicable law. We will only use or disclose a child's personal information to the extent permitted by law, to obtain parental consent, to comply with local laws and regulations, or to protect a child.
Safety
To protect your personal data against accidental or unlawful destruction, loss, use or alteration and against unauthorized disclosure or access, Ultenic employs reasonable physical, technical and organizational security measures. Unfortunately, there is no complete guarantee of security during transit or storage of transmitted data. Your personal data may be accessed, disclosed, altered or destroyed by a breach of any physical, technical or organizational asset.
California Privacy Rights
California's "Shine The Light" law permits our customers who are California residents to annually request a list of their personal information (if any) that we disclosed to third parties for direct marketing purposes in the prior calendar year and the names and addresses of those third parties. We currently do not share any personal data with third parties for their direct marketing purposes.
Questions and comments
Ultenic will respond to reasonable requests to review your personal data and to correct, amend or eliminate any inaccuracies. If you have any questions or comments about this Privacy Policy, or would like to review and update your personal information, please click "Contact" and send us your questions and feedback.
We may make changes to the privacy policy from time to time and will post changes to our privacy policy on this page. Please check this page regularly to keep up to date.
Links to other Internet sites
This Privacy Policy applies only to those Ultenic Internet sites that include a link to this Privacy Policy. This Privacy Policy does not apply to those Ultenic Internet sites that have or are linked to a separate Privacy Policy or Privacy Policy, or that do not have or are linked to any Privacy Policy or Privacy Policy.
Ultenic's Internet sites and mobile applications contain links to other Internet sites, which may have their own privacy notices or policies. Ultenic is not responsible for the privacy practices or the content of other Internet sites.
Terms of use
.Scope
1.1. Any use of this website ("Ultenic Website"), provided by Ultenic Aktiengesellschaft and/or its affiliates (collectively "Ultenic"), is subject to these terms of use ("Terms of Use"). These Terms of Use may be modified, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. By logging in, or where a log-in is not required, for accessing or using the Ultenic website, these Terms of Use are accepted in their current version.
1.2. In the case of web offers aimed at companies or public bodies, these companies or companies are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
.Services
2.1. This Ultenic website contains specific information and software, as well as, in specific cases, related documentation, for viewing or downloading.
2.2. Ultenic may discontinue operation of the Ultenic Website in whole or in part at any time. Due to the nature of the Internet and computer systems, Ultenic cannot accept any responsibility for the continued availability of the Ultenic website.
.Registration, Password
3.1. Some pages of the Ultenic website may be password protected. In the interest of safety and security of commercial transactions, only registered Users can access such pages. Ultenic reserves the right to deny registration to any User. In particular, Ultenic reserves the right to modify some sites, which were previously freely accessible, so that they are subject to registration. Ultenic has the right, at any time and without giving reasons, to deny the User the right to access the password protected area by blocking their User Data (as defined below), in particular if the User
- use false data for registration purposes;
- - violates these Terms of Use or neglects its duty of care with respect to User Data;
- violates any applicable law in accessing or using the Ultenic Website; or
- have not used the Ultenic website for a long time.
3.2. For registration, the User must provide accurate information and, if such information changes over time, update such information (as much as possible: online) without undue delay. The User must ensure that his e-mail address, as provided to Ultenic, is always up to date and an address at which the User can be contacted.
3.3. Upon registration, the User will be provided with an access code, consisting of a User ID and a password ("User Data"). Upon first access, the User is required to promptly change the password received from Ultenic to a password known only to the User. The User Data allows the User to view or modify their data or, as the case may be, to withdraw their consent to data processing.
3.4. The User must ensure that the User Data is not accessible by third parties and is responsible for all transactions and other activities carried out under his User Data. At the end of each online session, the User must log out of the password-protected websites. If and to the extent that the User becomes aware that third parties are misusing his User Data, the User shall notify Ultenic without undue delay in writing or, as the case may be, by email.
3.5. Upon receipt of the notice referred to in paragraph 3.4, Ultenic will deny access to the password protected area under such User Data. Access by the User will be possible again only upon request by the User to Ultenic or upon new registration.
3.6. The User may at any time request the termination of his registration in writing, provided that the cancellation does not jeopardize the correct performance of the contractual relations. In such a case Ultenic will remove all user data and other stored personal identification data of the User as soon as this data is no longer needed.
.Use Rights to Information, Software and Documentation
4.1. The use of any information, software and documentation made available on or through this Ultenic website is subject to these Terms of Use or, in the case of an update of information, software or documentation, to the applicable license terms previously agreed with Ultenic. Separately agreed license terms, such as software downloads, will prevail over these Terms of Use.
4.2. Ultenic owns all rights, title and/or licenses to the software, images, documentation and/or all other information on this Ultenic website and all of its contents. As a condition of your use of the Ultenic Web Site, if You post, provide, and/or transfer any software, images, documentation, or other information to the Ultenic Web Site, You assign and transfer all right, title, interests and the license thereon to Ultenic. Ultenic grants you a personal, non-exclusive, non-transferable license, which cannot be sublicensed, to use the software, images, documentation, and all other information made available to you on or through this Ultenic Website, for the 'User non-commercial use (ie, outside of User's business activities with Ultenic), to the extent agreed, or in the event of no agreement, to the extent of the purpose intended by Ultenic in making it available.
4.3. The software will be made freely available in object code. There will be no right to make the source code available. This does not apply to source code relating to open source software, whose license terms take precedence over these Terms of Use in the event of a transfer of open source software and which terms require the source code to be made available. In this case Ultenic will make the source code available upon payment of costs.
4.4. The information, software and documentation may not be distributed by the User to third parties at any time nor may they be rented or otherwise made available. Unless permitted by mandatory law, You must not modify the Software or documentation or disassemble, reverse engineer or decompile the Software or separate any part thereof. The User may make a backup copy of the Software as necessary to ensure further use in accordance with these Terms of Use.
4.5. This Ultenic website may contain confidential and/or proprietary content of Ultenic protected by copyright and other laws respecting proprietary rights, including software, images, documentation and/or all other information on this Ultenic website and all related contents . Ultenic retains all rights in the Ultenic Website and such confidential and/or proprietary content, including (without limitation) all copyright, derivative rights, and other proprietary rights, on a worldwide basis, including, but not limited to limited to, patents, know-how and trademarks. The User is required to observe these laws and in particular not to modify, hide or remove any alphanumeric code, trademark or copyright notice either from the information or from the software or documentation, or from any copy thereof.
.Intellectual property
5.1. Notwithstanding the special provisions in § 4 of these Terms of Use, the information, brand names and other contents of the Ultenic website may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise used or modified in otherwise without the prior written permission of Ultenic.
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor do they imply any obligation which requires the granting of further rights. All patent rights and licenses are expressly excluded.
5.3. Ultenic may, without charge, use ideas or proposals, images, software or other information stored by a User on the Ultenic Websites for the development, improvement and sale of its products.
.User Obligations
6.1. By accessing or using the Ultenic Website, the User shall not
- harm other people, especially minors, or violate their personal rights;
- violate public morality in its methods of use;
- violate any intellectual property right or any other proprietary right;
- upload content containing viruses, so-called Trojan Horses, or any other program that could damage the data;
- transmit, store or upload hypertext links or content to which the User is not entitled, in particular in cases where such hypertext links or content violate confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited e-mail ("spam") or inaccurate notices of viruses, defects or similar material and the User will not solicit or require participation in any lottery, snowball system, chain letter, game pyramid or similar activity.
6.2. Ultenic may deny access to the Ultenic Website at any time, in particular if the User violates any obligation arising from these Terms of Use.
.Hyperlinks
The Ultenic website may contain hypertext links to third party web pages. Ultenic shall have no responsibility for the contents of such web pages and makes no representations or endorses such web pages or their contents as its own, as Ultenic does not control the information on such web pages and is not responsible for the contents and information given upon them. it. Use of these web pages is at the User's sole risk.

. Liability for title or quality defects
8.1. (a) Ultenic makes no representations or warranties as to the accuracy or completeness of the content on this Ultenic website. Except as specifically provided in this Agreement, this Ultenic Web Site and its contents are provided to you "as is". Ultenic makes no other representations or warranties, express or implied. Ultenic does not warrant the accuracy, completeness, performance, currency, merchantability, or fitness for a particular purpose of this Ultenic Web Site or the content it contains or the method for providing such information to the User. Insofar as any software, images, documentation and/or all other information is made available free of charge, no liability for defects in quality or title of the software, images, documentation and all other information, especially in relation to correctness or are excluding the absence of defects or the absence of claims, or rights of third parties or in relation to completeness and/or fitness for purpose. Ultenic disclaims all liability for any loss or claim of any kind arising out of, arising out of, or in any way related to (a) errors or omissions in this Ultenic website, including technical inaccuracies and typographical errors, (b) any third party websites or content therein accessible directly or indirectly through links in any content on this Ultenic website, (c) the unavailability of this Ultenic website, (d) any use of this Ultenic website or any content contained therein, ( e) any use of any equipment or software in connection with this Ultenic website, or (f) any reliance on the information contained in this Ultenic website, even if advised of the possibility of such damages. In no event shall Ultenic, or its respective officers, directors, employees, shareholders, agents or representatives, be liable to You or any other person for any special, indirect, incidental, exemplary, punitive or consequential damages or loss of goodwill in in any way arising out of or relating to the use or inability to use this Ultenic Web Site, even if Ultenic has been advised of the possibility of such damages. In no event may User bring any claim or cause of action against Ultenic more than one (1) year after such claim or cause of action arose.
8.2. The information on this Ultenic website may contain specifications or general descriptions regarding the technical possibilities of individual products which may not be available in certain cases (e.g. due to product modifications). The required performance of the product must therefore be agreed from time to time at the time of purchase.
.Other responsibilities, viruses
9.1. Ultenic's liability for defects in relation to quality and title will be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Ultenic is excluded unless required by law, e.g. pursuant to the Product Liability Act or in the event of intent, gross negligence, personal injury or death, non-compliance with guaranteed characteristics, fraudulent concealment of a defect or in the event of a breach of essential contractual obligations. Compensation for damages in the event of a breach of essential contractual obligations is limited to the foreseeable damage typical of the contract if there is no intent or gross negligence.
9.2. While Ultenic makes every effort to keep this Ultenic website virus-free, Ultenic can make no warranty that it is virus-free. The User must, for his own protection, take the necessary measures to ensure adequate security measures and use an anti-virus scanner before downloading any information, software or documentation.
9.3. §§ 9.1 and 9.2 do not intend or imply any modification of the burden of proof to the detriment of the User.
.Export Controls
10.1. These products, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Any export or transfer of Ultenic technology or software that is not publicly available may require prior approval from the US government. Any unauthorized diversion or use by you of any Ultenic export regulated software or technology contrary to United States law is strictly prohibited.
10.2. Unless specifically authorized by the appropriate governmental agency, You agree not to use the Technology or Software in any prohibited uses or transfer it to any prohibited end users as codified in 15 CFR, 31 CFR, 10 CFR, and 22 CFR, including to any person or entity listed on the US Denied Persons List, US Alert List, US Entity List, or US Specially Designated National List
.Data privacy
For the collection, use and processing of personal identification data of the user of the Ultenic website, Ultenic must comply with the applicable data privacy protection laws and the Ultenic website privacy policy, available at the link hypertext on the Ultenic website and/or usa.Ultenic.com.
Supplementary Agreements, Jurisdiction, Applicable Law
12.1. Any supplemental agreement requires written form.
12.2. These Terms of Use and your use of the site are governed by the laws of the State of New York without regard to conflicts of laws principles. By using the Site, you irrevocably (a) consent to the jurisdiction of the state and federal courts located in New York County for any action arising out of or relating to this or thereto, (b) agree that all claims relating thereto the action or proceeding may be heard and determined in such court, (c) waive any claim of inconvenient forum or other challenge to seat in such court, and (d) agree not to bring any action or proceeding in any other court . The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.
12.3. The individual pages of this Ultenic website are operated and administered by Ultenic Aktiengesellschaft and/or its affiliates. The pages comply with the applicable law in the country in which the responsible company has its commercial headquarters. Ultenic does not warrant that the information, software and/or documentation on the Ultenic website is appropriate or available for viewing or downloading in locations outside that country. If Users access the Ultenic Website from outside that country, they are solely responsible for compliance with all applicable local laws. Access to information, software, images, documentation and/or other information on the Ultenic website from countries where such content is illegal is prohibited. In this case and where User seeks to do business with Ultenic, User should contact the Ultenic representative for the specific country for country specific business.
12.4 This Agreement, as may be amended from time to time in Ultenic's sole discretion, and constitutes the entire agreement between you and Ultenic and supersedes all prior or contemporaneous writings, discussions, agreements and understandings of any kind, with respect to the subject matter of this Agreement. If any provision of this Agreement is held to be unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held to be invalid or unenforceable in part or to an extent will remain in full force and effect to the extent it is not held invalid or unenforceable.


.what information we collect and how we use it

13.1 Circumstances in which you must authorize us to collect and use your personal information

Personal information is collected for the purpose of providing [ML(1] all products and/or services and to ensure that we comply with applicable laws, regulations and other regulatory documents. You have the right to choose whether or not to provide this information, but in the In most cases, if you don't provide it, we may not be able to provide you with the appropriate services or respond to problems you encounter. These features include.

.Connectivity for smart devices
In order to [ML(2]) allow you to securely connect and manage your smart devices, we may collect your Wi-Fi information, location information, login information, phone related information[ML(3] , smart device information [ML( 4] information and information associated with your Pusanik account and your smart device. This information will be used to provide you with quick connect, connection, detection [ML(5]) of nearby devices and device management Information for each of the above is listed below.

l Login information: POSANIQUE account number, nickname, avatar information.
l Mobile phone information: hardware device identification (IMEI/OAID, Mac address, Android ID), mobile phone model, system version information, system language, country or region where the mobile phone is set, phone number app store version, mobile phone screen size and resolution, CPU and display device information[ML(6]).
l Information collected during the process of connecting a smart device: Depending on the type of smart device you need to connect, we may collect the following information.
l Wi-Fi connected smart device: Wi-Fi information (SSID,BSSID, Wi-Fi Mac address, Wi-Fi password), device Mac address, device ID.
l After establishing a local connection via Bluetooth, smart devices connected via Wi-Fi: Wi-Fi information (SSID,BSSID,[ML(7] [ML(8] Wi-Fi Mac address, Wi-Fi password), device Mac address, Bluetooth Mac address of the device.
l Smart devices connected via Bluetooth: Bluetooth Mac address of the device, device ID.
l Smart devices connected via Zig-bee method: device Mac address, device ID.
.Equipment Sharing
We allow you to share your smart device with others for use with your POSANIQUE account. After sharing, the shared person can also control the smart device. To [ML(9] use this feature, we may collect your account ID, the sharing account ID you provide, shared device information (device ID, device name, device authentication key, status share)[ML(10] of the device) and use it to provide you the ability to share the device with other users of your POSANIKconsider common control and usage, as well as display the sharing status on the device list page.
.Smart applications and hardware updates.
In order for [ML(11]) you to continue enjoying the latest Pusanik Services, we may use information about your Pusanik Application version, phone model number to provide you with updates to the Pusanik Application. At the same time, we may collect a list of your connected smart devices and their version numbers for the purpose of providing you with updates to your smart devices to ensure you have access to the latest version of the Services (including firmware versions).
13.2 You acknowledge that your consent is not required for us to collect or use your personal information in the following circumstances.
.related to national security, national defense security.
.related to public safety, public health or vital public interest.
.Relating to the investigation, prosecution, trial and execution of sentences, etc. of crimes.
.In order to protect the data subject's or other persons' life, property or other significant legitimate rights and interests, but it is difficult to obtain the data subject's consent.
The personal information collected is made public by the subject of the personal information himself.
.your personal information collected from lawful public disclosures, such as legal news, government disclosures, and other sources.
.Necessary to enter into a contract at your request.
.Necessary to maintain the safe and stable operation of the products and/or services provided, e.g. identify and deal with defects in products and/or services.
.Required for legitimate journalistic purposes.
.Where it is necessary for an academic research institution to carry out[ML(12]statistical or academic research in the public interest and the results of the academic research or description are made publicly available, the personal information contained in the results is anonymised.
13.3 Non-Personal Information
We may also collect other information that cannot be identified for a specific individual (for example, information that is not personal information), such as statistical types of data generated when you use certain services, such as user actions (including clicks, skipping page and time spent browsing). This information is collected for the purpose of improving [ML(13] the services we provide to you. The type and amount of information collected depends on how you use our products and/or services. We use this information in the aggregate to help us provide more information useful to our customers about which parts of our website, products and services are of most interest to them. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. If we use non-personal information in combination with personal information, such information will be treated as personal information for the duration of the combination.

Ruolan Yang
Ruolan Yang



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