Privacy Policy & Terms of Use for using DAKTEL’s APP and Cloud Services System

 

    1. Our Privacy Policy and Terms of Use covers the privacy practices that DAKtel Asia-Pacific Limited and DAKtel (Guangdong) Technology Limited (also named in this terms as “DAKTEL”, “Company”, “we”, “our” or “us”), employs in providing our Services to you, our customers and/or application visitors. It explains the Personal Information we collect and receive, as well as how we store and use that data.The Privacy Policy forms part of our Terms of Use which is available at Our application known as DAKTEL MOBILE COMMUNICATOR and DAKTEL CLOUD SERVICES SYSTEM (the “Terms”). Capitalized terms not defined in this Privacy Policy shall have the meaning defined in the Terms.
      1. The Services. As used in this Privacy Policy, the “Services” means: (i) the application known as DAKTEL MOBILE COMMUNICATORand DAKTEL CLOUD SERVICES SYSTEM (each, together with its sub-domains, content and services, the “App” or “The CLOUD SYSTEM”); and (ii) our, software and any related code, documentation, features, and services, as well as any fixes, updates or upgrades in connection therewith related services.

       

      1. Personal Information“Personal Information” means any information that may be used to personally identify or contact an individual, including, but not limited to, first and last name, personal profile, address, and email.

       

      1. Consent and Modification. By using the Services, you consent to this Privacy Policy. If you do not agree to be bound by this Privacy Policy, please do not access or use the Services at the app and system. We may change this Privacy Policy at any time. Changes will be effective 10 days following posting them on the App and cloud system. Your continued use of the Services following such changes means that you consent to them. We therefore encourage you to check the app and cloud system regularly to view the most current Privacy Policy.

       

      1. International Transfers. The Services are hosted on third party servers and database located in USA. The Company reserves the right to change the location of the servers and database of the Services. You agree that you may be transferring Personal Information to the United States.

       

      1. Collection of Personal Information. We receive and/or collect Personal Information from you in the following ways:
        1. Account, to use the services, you are required to create an account (“Account”), and to do, you shall provide us with your name, email, and other information. If you create your account, you must provide accurate and complete information. You are responsible for the activity in your account, and for keeping your password secure. You must notify us immediately of any unauthorized access to your Account. We may allow you to access your Account via third party log-in platforms (each, a “Third Party Account”), although the use of Third Party Accounts is subject to the relevant third party’s information practices and may involve our access to your information (including Personal Information) in such Third Party Accounts.
        2. Payments: The Services may include the option to purchase certain products or services from us. If you make such purchases, we will require information from you to complete the transaction. Such information may include Personal Information such as a credit card number and billing information and such use by us shall be made solely in connection with process payment made by you in connection with the Services. We may use third party service providers to process payments on our behalf and you affirmative consent for such use. We do not control how such third-party service providers use Personal Information they receive, and you agree to be bound by such third parties’ privacy policies.
        3. ‘Contact Us’ and General Contact. If you send us a “Contact Us” request, email us, or contact us in any other way via the Services, you may be required to provide us with Personal Information.

       

      1. We may use your Personal Information to: (a) administer the Services; (b) improve or develop the Services and provide any related customization or maintenance services thereto; (c) personalize your experience and customize content while; (d) contact you; and (e) identify and authenticate your access to the Services; and you affirmative consent for such use.

       

      1. We may disclose Personal Information (including Personal Information about users) if we have a good faith belief that it is reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce, apply, or investigate breaches of, this Privacy Policy or the Terms; (iii) detect, prevent, or otherwise address fraud or security issues; and/or (iv) protect against harm to the rights, property or safety of Company, our customers, the App, cloud system and/or the public.

       

      1. Opting Out. You may choose not to receive future service-related emails from us by selecting an unsubscribe link at the bottom of emails that we send. We may still, however, respond to any “Contact Us” request as well as administrative emails that are connected to your use of the Service. Disabling or otherwise blocking certain tracking technologies may have the effect of restricting or delaying your use of the Service.

       

      1. Choice. At all times, you may choose whether to provide or disclose Personal Information. If you choose not to provide Personal Information, you may be unable to use certain parts or the whole the Services.

       

      1. Access to Information / Accuracy. We wish to maintain accurate Personal Information. If you have an account, you can log in and remove or modify your information. In general, if you would like to remove or modify any of your Personal Information, you may submit a request to support@daktelasia.com. The email should include adequate details to handle the request.

       

      1. Links to other applications. The App and cloud system may contain links to third party applications that are not owned or controlled by us. We are neither responsible nor liable for the privacy practices or the content of third-party applications, and you visit them at your own risk.

       

      1. Children’s Privacy. The Services are not structured to attract children under the age of 13. Accordingly, we do not intend to, nor knowingly, collect Personal Information from anyone we know to be under 13 years of age. If you are under 13, please do not attempt to register or create any Account and please do not send us any information whatsoever about yourself. If you believe that we might have any information from a child under the age of 13, please contact us at support@daktelasia.com.

       

      1. Merger or Sale. If we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign Personal Information that we have collected as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or similar event, we may not be able to control how Personal Information is treated, transferred, or used.

       

      1. Security. We follow generally accepted industry standards to protect the Personal Information that we collect, receive and store. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect Personal Information, we cannot guarantee its absolute security.

       

      1. Commitment. If you have any comments, questions or complaints regarding our Privacy Policy, or Personal Information that we may be storing and using, please contact us at support@daktelasia.com.

       

       

      The Following Terms and Conditions (the “Terms”),

      govern your access to, and use of our application know as: DAKTEL MOBILE COMMUNICATOR and DAKTEL CLOUD SERVICES SYSTEM (together with content and services set forth in such application, together, the “App” and “Cloud System”); and (b) subject to your access to, and use of Company software and any related code, documentation, features, and services, as well as any fixes, updates or upgrades in connection with the App and Cloud services system (collectively, the “Services”). Please read these Terms carefully since they set out your legal rights and obligations with respect to the subject matter hereof. By clicking the “I ACCEPT” button or by otherwise accessing or using any part of the Services in our web, our app and web services, you acknowledge that you have reviewed, and you agree to be bound by, these Terms and Company’s Privacy Policy (the “Privacy Policy”). Furthermore, if you are acting on behalf of an entity (for example, if you are an employee or an agency), you represent that you are authorized to act on behalf of, and bind to these Terms, such entity. If you do not agree to these Terms, you may not access or use any part of the Service.

       

      1. App and Cloud Services System. By using our App’s and cloud services system, you expressly relieve us from all liability arising from your use of any third-party application.

       

      1. Modification. We reserve the right, at its own discretion, to modify these Terms at any time. Such modification(s) will be effective ten (10) days following posting of the modified Terms on the App and cloud services system (the modified Terms will not be posted on or via the Services), and your use of any part of the Services thereafter means that you accept those modifications. We therefore encourage you to check the Terms regularly to see the most current Terms.

       

      1. Account. To access and use the Services and/or to contact us for additional information, you must create an account (“Account”) by going through the registration process made available at App and cloud services system. You must complete the registration process by providing us with information that is (and you must ensure it remains) current, complete and accurate (such as your name, email address, telephone number, address) and you will then be required to create a password for the Account or get a secure password from us. You are solely responsible for (a) protecting your Account username and password; and (b) any and all activities that occur under or through your Account. You must notify us immediately upon becoming aware of, or suspecting, any security breach or unauthorized access to your Account. If you allow a third party to access your Account on your behalf, you are responsible for ensuring that such third party has consented to, and abides by, these Terms. The Company may from time to time log in to your Account in order to provide support, maintenance, improvement, business, and/or security-related services, and you consent to such access.

       

      1. Cancellation. If you wish to cancel your Account send an email request to support@daktelasia.com. Please be aware, however, that once your Account has been cancelled (i) you will lose all access to and use of the Services; and (ii) you may still be subject to these Terms, such as, but not limited to, your payment obligations hereunder. Furthermore you acknowledge and agree that when you create an Account, you are the “controller” and Company is the “processor” (as such terms are defined in the Directive 95/46/EC of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (the “Directive”)) of any personal data provided, generated, transmitted or displayed via the Services. You must comply with all applicable data protection legislation (including the Directive) and Company’s Privacy Policy.

       

      1. License and Restrictions.
        1. Non-exclusive license to the App or the cloud services system. We hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the App and cloud service system and the Services therewith, provided that you comply with these Terms and the same restrictions and conditions set forth (with respect to the Services) in Section 6.2 subparagraphs (i)-(viii) below. You are aware and agree that the we entitled, at its sole discretion, to restrict and/or block your use of the App cloud services system and Services provided therein, in the event that your use of the App and/or cloud services system and/or Services do not comply with the provisions the License and/or any of these Terms (The “License”).
        2. Conditions to the License. As a condition to the License you agree not to (and shall not allow any third party to):
          1. Copy, distribute, broadcast, rent, lease, lend, use for timesharing or service-bureau services, export, modify, adapt, translate, enhance, customize, or otherwise create derivative works of, the Services and/or any part thereof;
          2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of, the Services or any part thereof, except as expressly permitted by the law in effect in the jurisdiction in which you are located.
          3. Remove or distort any proprietary notices, labels, or legends on or in the Services.
          4. Use any automated means to access or use the Services, nor circumvent or disable any security or technological features of the Services.
          5. Use, send, upload, post, transmit or introduce any device, code, routine or other item (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts to interfere) with the operation or integrity of the Services, nor any content that is unlawful, infringing, defamatory, deceptive, obscene fraudulent, harassing, pornographic, or abusive;
          6. Use the Services to design or develop any competing product or service that competes with the Services, nor use the Services for any unlawful or fraudulent purpose, to breach these Terms, or infringe or misappropriate any third party intellectual property, privacy, or publicity right;
          7. Take any action that imposes or may impose, as determined in Company’s sole discretion, a disproportionately large load of incoming requests on the Services’ infrastructure.
          8. Violate or abuse password protections governing access to the Services.

       

      1. License to Data. You hereby grant us a royalty-free, fully-paid, non-exclusive, and worldwide right to access, log, retain and use all data and information pertaining to your Account, as well as all other data and content you may provide us, to: (a) administer and make improvements to the Services, as well as carry out related tasks; (b) provide you with reports and other functions related to the Services; (c) collect and analyze Anonymous Information (as defined in our Privacy Policy) and compile statistics, metrics, insights, and general trend data about the Services for, amongst other things, Company’s marketing and promotional purposes.

       

      1. Payment. Your access to and use of the Services (including your Account) may be subject to payment subscription fees, taxes and similar charges set forth in the then-current order form that you have entered into with Company for your use of the Services as may be charged by Company.

       

      1. Intellectual Property Rights. All intellectual rights not expressly granted under these Terms are hereby reserved by Company and/or its licensors, as applicable. Furthermore, the rights granted by Company to you under these Terms shall terminate immediately upon the earlier of the termination of these Terms or your breach of any provision of these Terms.

       

      1. Services. All rights, title and interest in and to the Services, including all reproductions, corrections, modifications, customizations, enhancements and improvements thereof, as well as all related patent rights, copyrights, trade secrets, trademarks, service marks, and goodwill, are and shall remain the sole and exclusive property of Company and/or its licensors, as applicable.

       

      1. Content App and Cloud Services System. The content on the App and cloud services system, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “App and Cloud services system Content”) and the trademarks, service marks and logos contained therein (the “App and cloud services system Marks”), are and shall remain the sole and exclusive property of DAKTEL and/or its licensors, as applicable; and may be protected by applicable copyright or other intellectual property laws and treaties. “DAKTEL“ and any Company’s logo and trademarks and any other marks are APP and CLOUD SERVICES SYSTEM Marks of DAKTEL company. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the APP and CLOUD SERVICES SYSTEM Content.

       

      1. Data and Reports. All rights, title and interest in and to the data and reports generated and linked to your Account are and shall remain your sole and exclusive property.

       

      1. Confidentiality. Both DAKTEL and you may have access to certain non-public and/or proprietary information of the other, in any form or media, including without limitation trade secrets, technical data, technology, know-how, software codes and designs, price lists, and developments (“Confidential Information”). For clarity, it is agreed that the Services (in whole and in part) is Confidential Information of DAKTEL. Each party shall take measures at least as protective, but in no event less than a reasonable standard, as those taken to protect its own Confidential Information, to safeguard the Confidential Information of the other party from unauthorized disclosure or use. You may only use our Confidential Information to the extent explicitly granted under these Terms (if any), and you may only disclose our Confidential Information to your employees who have a need to know such Confidential Information and who are subject to a written confidentiality undertakings at least as protective of our Confidential Information as set forth herein. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the party disclosing it hereunder. In the event you are required by law, regulation, judicial order or other administrative or legal requirement to disclose our Confidential Information, you agree to notify us immediately in writing. Upon termination of these Terms, each party shall promptly return or destroy all Confidential Information of the other party and, upon request, certify same in writing.

       

      1. Links and Advertisements. The Services may: (a) contain links to third party applications that are not owned or controlled by DAKTEL; and (b) display advertisements not operated or endorsed by DAKTEL. You acknowledge that we assume no responsibility over the items in subparts (a) and (b) (including the privacy, and other, practices of the third parties that operate or control them) and you agree that DAKTEL and any party acting on its behalf shall not be liable under any circumstances for any loss, damage or injury that results directly or indirectly therefrom. Your use or reliance upon such applications and advertisements is at your sole risk and we encourage you to review the applicable privacy policies and terms of use.

       

      1. Third Party Software. The Services may contain third party, including open source, software (“Third Party Software”) that may be subject to third party terms and conditions (“Third Party Terms”). DAKTEL will provide a list of any Third–Party Software and related Third Party Terms within the Services, and you agree to comply with such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the former shall prevail solely in connection with the Third-Party Software to which it relates. Notwithstanding anything in these Terms to the contrary, DAKTEL does not make any representation, warranty, or indemnity with respect to any Third-Party Software.

       

      1. Compliance with Laws. You agree to comply with all applicable international, national, state, regional and local laws and regulations in accessing and/or using the Services (or any part thereof) and in performing your obligations and exercising your rights under these Terms, including without limitation laws relating to privacy, data protection, and exports.

       

      1. Termination and Survival.
        1. By DAKTEL. You acknowledge and agree that DAKTEL may at any time, for any reason, and without notice to you: (a) discontinue or modify any aspect of the Services; and/or (b) suspend or terminate your, or general, access to the Services (or any part thereof), and in such an event DAKTEL shall not be liable to you or any third party for any loss, damage, or injury resulting or arising therefrom. Either of the foregoing acts shall constitute our termination of the Terms and any Account you may have shall become cancelled upon such termination.
        2. By You. If you object to any term or condition of these Terms, or becomes dissatisfied with the Services in any way, your only recourse and sole remedy is: (a) in the event you have an Account, cancel the Account (“Account Cancellation”) and immediately cease using the Services, the App and our CLOUD SERVICES SYSTEM A. Either of the foregoing acts will constitute your termination of the Terms. You agree, however, that any Account Cancellation shall not derogate from any payment obligations you may have towards DAKTEL under these Terms.

       

      1. Survival. Sections 8, 9, 10, 11, 16, 17, 18 and 19 shall survive any termination of these Terms.

       

      1. Disclaimer of Warranties.
      2. This section applies whether or not access to or use of the Services (or any part thereof) is for payment. You assume all responsibility for the selection of the Services to achieve your intended results. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
      3. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ACKNOWLEDGE THAT THERE ARE NO REPRESENTATIONS, WARRANTIES OR CLAIMS OF ANY KIND MADE BY DAKTEL WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, OR OTHERWISE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
      4. DAKTEL DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR FREE, ACCORDING TO YOUR NEEDS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION OR CLAIM REGARDING ANY CONTENT, MATERIALS, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICES. YOUR USE OF, AND RELIANCE UPON, THE APP AND/OR SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND DAKTEL SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING.
      5. YOU AGREE THAT DAKTEL WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, SYSTEM FAILURE, OUTAGES, TRAFFIC CONGESTION, OVERLOAD OF OUR OR OTHER SERVERS, OR OTHER EVENTS BEYOND DAKTEL’s CONTROL (SUCH AS STRIKES, RIOTS, FIRES, FLOODS, WAR, TERRORISM, GOVERNMENTAL ACTIONS, LABOR CONDITIONS, AND NATURAL DISASTERS).

       

      1. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
        1. DAKTEL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, NOR FOR YOUR, OR ANY THIRD PARTY’S, LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF THESE TERMS OR INCONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES (OR ANY PART THEREOF), WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR OTERHWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
        2. DAKTEL’s AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS AND/OR DAMAGES UNDER THESE TERMS OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SERVICES (OR ANY PART THEREOF), SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO DAKTEL HEREUNDER IN THE SIX (6) MONTHS PRIOR TO BRINING SUCH CLAIM.

       

      1. Indemnification. You agree to defend and hold harmless DAKTEL, its directors, officers, employees, agents and partners (each, an “Indemnified Party“) from and against any and all third-party claims, demands, actions and/or proceedings based upon, among others, or arising out of: (i) any of your use of the Services (or any part thereof); (ii) your breach of any of these Terms; (iii) your violation of applicable laws, rules or regulations in connection with the Services; (iv) your violation of a third party right (including privacy rights); and/or (v) your breach of any representations and/or warranties made by you under these Terms; (each, a “Claim”), and you agree to indemnify and pay the Indemnified Party for any and all damages, obligations, losses, liabilities, penalties, fines, costs and expenses (including but not limited to reasonable attorneys’ fees) incurred by the Indemnified Party in connection with the Claim, or in the settlement or avoidance of the Claim. DAKTEL will notify you of any Claim subject to the foregoing obligation. The Indemnified Party shall cooperate in any defense and settlement and may participate in such defense at its own expense. You agree not to enter into any settlement of any Claim without DAKTEL’s prior written consent, which shall not be unreasonably withheld.

       

      1. Assignment. You will not assign these Terms, delegate any duty or assign any right hereunder without the prior express written consent of DAKTEL. Any such attempted assignment or delegation that does not comply with the foregoing shall be null and void. DAKTEL may assign or transfer these Terms, delegate any duty and/or assign any right hereunder to any third party. These Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

       

      1. General.
        1. Entire Agreement. These Terms, together with any annexes, schedules and/or exhibits, constitutes the entire agreement between you and DAKTEL with respect to the subject matter hereunder, and supersedes any prior or contemporaneous agreements or understandings between you and DAKTEL. These Terms may be amended only in a writing signed by each party’s authorized signatories.
        2. Relationship. The relationship between you and DAKTEL is solely that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment or agency relationship.
        3. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of REPUBLIC OF CHINA and HONG KONG, without regard to its conflict of laws rules and provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to, and is expressly excluded from, these Terms.
        4. Jurisdiction and Venue. You agree that any action, proceeding, controversy or claim (each, a “Dispute“) under or arising out of these Terms, between you and DAKTEL, shall be brought and resolved only in the courts located in CHINA and HONG KONG, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts with respect to a Dispute. Notwithstanding the foregoing, equitable relief may be sought in any court of competent jurisdiction.
        5. Equitable Relief. You acknowledge that a breach, threatened breach, and/or intended breach by you of certain provisions under these Terms will result in irreparable injury and harm to DAKTEL for which there will be no adequate remedy at law, and that Company shall be entitled to appropriate equitable relief (including, without limitation, preliminary and permanent injunctions) in any court of competent jurisdiction.
        6. Severability. In the event any provision of these Terms is ruled to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
        7. Headings. Section headings used in these Terms are inserted for convenience only and shall not be used in the interpretation of these Terms.
        8. Waiver. No failure or delay on the part of DAKTEL in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.

       

      1. Contact Information: support@daktelasia.com