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Privacy Notice and End User License Agreement and Terms & Conditions

Last updated: January 18, 2022

This Privacy Notice is incorporated by reference into the company website. 

In this Privacy Notice, we refer to the controller of your data explained in this Privacy Notice, and its subsidiaries and associated companies, as “we” or “us” or “our”. We refer to you as “you” or “your”. The controller is the company with whom you have a services agreement and which provides the service to you. Essence is the processor handling the personal data on behalf of that controller. 

We are the data controller for the data practices explained in this Privacy Notice. 

We comply with applicable data privacy and protection law. This means that when processing personal information for any purpose we must ensure it is: 

• Used lawfully, fairly and in a transparent manner
• Collected only for valid purposes that have been clearly explained and not used in any way that is incompatible with those purposes. 
• Relevant to the purposes we have told you about and limited only to those purposes. 
• Accurate and kept up-to-date. 
• Kept only as long as necessary for the purposes we have informed you about. 
• Kept securely

1. How We Collect Information, for What Purposes and Our Legal Basis for It 

This Privacy Notice is to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive when you do any of the following (“Relevant Services”):  

•  You download, install or use a mobile application that the controller makes available to you.
•  You use a web application that the controller makes available to you for the purpose of allowing users to monitor residents and other automated functions locally or remotely.

The legal basis for processing your data (other than health and medical data) is providing you the Relevant Services under the contract you entered into or at your request prior to entering into the contract.

The legal basis for processing your health and medical data is your explicit consent, which you provide if and when you affirmatively choose to use our optional, added value service that involves processing health and medical data.

The legal basis for processing analytics data is our legitimate interests in managing and developing the Relevant Services.

The information that we collect from you is required for us to provide you with the Relevant Services. Our services cannot be provided without this data.

1.1 The Personal Information we collect 

In the course of using the Relevant Services, we ask you to provide us with certain personal information (“Personal Information”). 

Personal Information includes, your name, contact details, professional details, login credentials to our services, and your resident domestic behavior.

Some of our services requires other personal data such as age, gender and national ID number.

Our value added service, which you can optionally choose, involves processing your health and medical information.

We also process statistical analytics information about your use of the Relevant Services, such as general behavior patterns, IP address (and the general location corresponding to the address), time and date of access, type of browser used, language use, links clicked and the web pages you accessed.

We do not knowingly collect personal information from children under the age of 18.

1.2 Third Parties Receiving Information and International Data Flows 

Some of our services rely on third parties with whom we share some user information for the purpose of providing and maintaining these services to our users.   

These third parties include service providers that are authorized to use your personal information only as necessary to provide these services to us and our users, and not for their own promotional purposes. A list of these service providers is available at this link

We do not rent or sell your information to any third party. 

Any transfer of data outside your region to any third party service provider is done only to countries with adequate data protection, as defined by relevant regulations. 

Our services may be accessed internationally by us for the purpose of day to day use or service maintenance. 

We reserve the right to disclose any information obtained by us if required by law or by any governmental authority; in case of emergency; or to a successor entity in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets. 

1.3 Retention Period 

We will retain your personal information for as long as you use the Relevant Service, and for a period afterward, as dictated by a reasonable backup policy and any relevant regulations. 

1.4 Rights

If you are in the EU, you have the right to request access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data.

 If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in particular in the member state of your residence, place of work or place of alleged infringement of the GDPR. For a list of supervisory authorities in the EU, click here.

To exercise any of these rights, contact the controller. In some cases, you may be able to perform some of these functions yourself using the software provided. Refer to the relevant user documentation.

Our service does not entail any automated decision making. We provide information and notifications only

1.5 Security 

We are concerned with safeguarding your information. We employ a variety of organizational and technical security measures designed to protect your information from unauthorized access and disclosure.  

Your information is protected, in compliance with ISO 27001 standards, using state of the art technical security measures, such as: 

• Encryption and authentication mechanisms 
• Regular threat and vulnerability assessment 
• Physical site security

We also take various organizational measures to ensure data security, such as: 

• Lawful data processing reviews 
• Privacy impact assessments 

We cannot guarantee that your personal information or private communications will always remain private and secure. We are obliged to notify you of any security breach resulting in high risk of private data exposure.  

1.6 Cookie Policy 

Like many websites and applications, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer or mobile device for record-keeping purposes. You can configure your device to stop accepting cookies or to prompt you before accepting a cookie through the application. If you do not accept cookies, however, you may not be able to use all portions of the app or all functionality of the Relevant Services.

The information that the cookies maintain is read by the app, during the session of your use of the app (these are called ‘session’ cookies), and when you return to use the app again (these are called ‘persistent’ cookies).

We only use cookies that are strictly necessary (essential) for the functioning of the app and features in the app that you expressly requested:

  •  A cookie that remembers your username, if you choose the “remember me” option in the app.
  • A test cookie that checks if cookies are enabled
  • A cookie for logging out of the user session

The app and the “remember me” feature cannot operate properly without these cookies.

The legal basis for processing cookie-related is our legitimate interests in managing and operating the functionality of the app.

2. Contacting Us 

If you have any concerns or questions about this Privacy Notice or would like to lodge a complaint, please contact our data protection officer or our EU representative at +972 (0)73 2447777, DPO@essence-grp.com


END USER LICENSE AGREEMENT AND TERMS & CONDITIONS

BY USING THE APPLICATION AND/OR SOFTWARE, YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE END USER LICENSE AGREEMENT and TERMS AND CONDITIONS (hereinafter the “Terms and Conditions”), DO NOT USE THE APPLICATION AND/OR SOFTWARE.

Definitions

The following terms will have the meaning ascribed to them in these Terms and Conditions:

“The Company”: Essence SmartCare Ltd.

“The System”: related social alarm product(s) and monitoring applications, products and solutions for home or any control systems or any part thereof.

“Device”: A mobile phone, personal computer, tablet or any other device or any other application interface that you own and/or use and/or hold and/or control, which may enable access to third parties’ services and applications.

“Monitored Party”: the third party whose activities of daily living are being monitored.

The Company provides a user interface application (including any updates and/or upgrades and/or patches thereto) subject always to the terms hereto for monitoring and/or controlling the System via your Device(s) (hereinafter, respectively, the “Application”). By downloading the Application, installing or using the Application or any part thereof, you irrevocably agree to the following terms and conditions in this Terms and Conditions.

Certain information about you or otherwise is subject to the Privacy Policy; for more information, see the Privacy Notice.

Article I – SCOPE OF USE

1.     Subject to these Terms and Conditions, the Company grants you non-exclusive, non-transferable, non-sub-licensable, non-assignable, limited right to use the Application solely and exclusively for your personal use via your Device(s) license for the intended purpose of monitoring the consenting Monitored Party for a limited time period as specified herein below (the “License”). For the avoidance of doubt, the License allows you to install and use the Application on several Devices provided that such are owned at all times solely by you;

2.     You agree that you shall be solely responsible for (and that the Company has no responsibility to you or to any third party) the use of the Application, for any breach of the obligations under the Terms and Conditions, and for the consequences (including any loss or damage which the Company and/or you and/or any third party may suffer and/or incur) as a result of any such breach.

3.     Certain updates, upgrades and/or patches to the Application may be automatically received and installed on your Device(s) from time to time.

4.     You will receive certain administrative messages from the System.

Article II – PROPRIETARY RIGHTS

1.     You hereby agree and acknowledge that (a) the Application contains Intellectual Property Rights as well as other proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and its third party licensors own and retain all rights, title and interest in and to the Application and content, including without limitation upgrade, modification thereto including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party to,

(1) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, without the express written consent of the Company. If applicable law grants you a non-waivable right to reverse engineer the Application to make it interoperable without the Company consent, then before your exercise any such rights, you shall notify the Company of such desire and, no later than sixty (60) days following receipt of such request, the Company may decide either to: (a)  perform the work to achieve such interoperability and charge its then-standard rates for such work to you; or (b) give you permission to reverse engineer parts of the Application only to the extent necessary to achieve such interoperability. Only if and after the Company, at its sole discretion, partly or completely denies your request, may you exercise your foregoing rights;

(2) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application;

(3) use the Application to access, copy, transfer or retransmit content in violation of any law or third party rights;

(4) remove, obscure, or alter the Company’s copyright notices, trademarks, logos or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application;

(5)       disclose any results of testing or benchmarking of the Application and/or the Service to any third party,

(6)       workaround or circumvent the ordinary functioning of the Application and/or the Service, or use any features, functions or abilities that are inaccessible or hidden in the Application and/or the Service, or

(7)       Attempt any of the foregoing.

The Application is licensed to you subject to and in accordance with these Terms and Conditions, and not sold. Nothing in these Terms and Conditions constitutes a sale, transfer or conveyance of any Intellectual Property Rights to you. Any suggestions, improvements or other feedback provided by you regarding the Application are the exclusive property of the Company.  You hereby freely assign any and all Intellectual Property Rights in such feedback to the Company. You hereby irrevocably and perpetually waive any and all moral rights, rights or paternity or integrity and rights to credit or attribution, they may have in such feedback.

OPEN SOURCE. The Application may contain or may be provided in conjunction with open source software, including some or all of those detailed in the NOTICES file available here. You acknowledge that not all open source software detailed in the NOTICES file provided to you are necessarily used or provided in the particular version of the Application you receive. To the extent so indicated by an open source license referenced in such NOTICES file, the open source software corresponding to such open source license, is licensed directly to you and end-users by its respective licensors, not sublicensed to you or end users by the Company, and is subject to its respective open source license, not to this EULA. If and to the extent an open source license detailed in the NOTICES file requires to provide, impose, or incorporate by reference, certain disclaimers, permissions, provisions, prohibitions, restrictions or other terms then such shall be deemed to be imposed, or incorporated by reference herein, as required, and shall supersede any conflicting provisions herein, solely with respect to the corresponding open source software which is governed by such open source license. If, and to the extent, an open source license detailed in the NOTICES file requires that the source code of its corresponding software be made available to you or an end-user, and such source code was not delivered to you or the end-user with the Application, then the Company hereby extends a written offer, valid for the period prescribed in such open source license, to obtain a copy of the source code of the corresponding open source software, from the Company. To take up this offer, contact the Company at the email address licenses@essence-grp.com.

2.     USERNAME AND PASSWORD: In order to access and use the Application you must obtain a valid username and password. You are solely responsible for maintaining the confidentiality of your username and password. For security reasons and to avoid unauthorized access, you are required to logout in an orderly manner from the Application at the end of each session. In any case, the Company shall not be liable for any damage or loss of any kind or nature incurred and/or suffered by you and/or by any third party as a result of the Application being accessed and/or used by unauthorized user/s.

3.     TERMINATION: The License is effective until terminated by the Company for any reason whatsoever, and will terminate automatically without notice from the Company if you fail to comply with any Terms and Conditions; in any such event the Company may block you from using and/or accessing the Application and you shall not have any claim against the Company in connection with such restriction.

Article III – DISCLAIMER OF WARRANTIES

1.     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND ” AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION , EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION SHALL BE COMPATIBLE WITH EACH WEB BROWSER (AND EACH VERSION THEREOF) AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING A BROWSER SUPPORTING THE APPLICATION FROM YOUR APPLICABLE PROVIDER. USAGE OF THE APPLICATION MAY REQUIRE DOWNLOADING AND INSTALLING A THIRD PARTY SOFTWARE (E.G., PDF VIEWER APPLICATION) AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH THIRD PARTY SOFTWARE, WITH COMPANY ASSUMING NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH SOFTWARE INCLUDING ITS AVAILABILITY (OR LACK THEREOF), PERFORMANCE, COST, OR ANY RESULTS CAUSED BY THE OPERATION OF SUCH SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, OTHER THAN SUCH AS EXPLICITLY SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

2.     YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM USING THE APPLICATION.

3.     YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT SOME OR ALL OF THE INFORMATION SENT VIA THE APPLICATION WILL BE SENT AND/OR REACH THE INTENDED RECIPIENT AND/OR NOT BE SENT AND/OR NOT REACH OTHER THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

4.     YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT THE APPLICATION WILL SUCCESSFULLY PROVIDE NOTICES TO YOUR DEVICE OR TO YOUR SERVICE PROVIDER, NOR THAT THE SYSTEM AND/OR ANY PART OF THE SYSTEM WILL SUCCESSFULLY TRIGGER NOTICES OR OTHERWISE WILL CONFORM OR OPERATE, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

5.     YOU EXPRESSLY DECLARE: THAT YOU HAVE RECEIVED THE MONITORED PARTY’S PRIOR WRITTEN CONSENT TO VIEW AND/OR MONITOR THE SYSTEM INFORMATION AS DEFINED HEREIN, OR THAT YOU HAVE ANOTHER LEGAL BASIS UNDER LAW TO PERMIT YOUR TO VIEW AND/OR MONITOR THE SYSTEM INFORMATION AS DEFINED HEREIN; THAT YOU WILL TREAT THE SYSTEM INFORMATION WITH THE UPMOST DISCRETION; AND, THAT YOU WILL NOT STORE AND/OR SHARE AND/OR PUBLISH THE SYSTEM INFORMATION OR ANY PART THEREOF.

6.     YOU EXPLICITLY ACKNOWLEDGE THAT THE APPLICATION ARE NOT A MEDICAL OR LIFESAVING DEVICE, PRODUCT OR SERVICE; DO NOT PROVIDE ANY MEDICAL, LIFE SAVING OR OTHERWISE PREEMPTIVE MEASURE AGAINST INJURY OR OTHERWISE BODILY HARM OR DEATH; NOR ASSUME IN ANY WAY TO REPLACE OR BE IN LIEU OF ANY SUCH.

7.     IN ADDITION TO AND WITHOUT DEROGATING FROM ANY AND ALL OTHER LIMITATION OF LIABILITY PROVISIONS HEREIN, TO THE GREATEST EXTENT PERMITTED UNDER LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, COLLATERAL, SPECIAL, THIRD PARTY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. EXCLUDED DAMAGES OR LOSSES INCLUDE, BUT ARE NOT LIMITED TO, BODILY INJURY AND/OR DEATH, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE APPLICATION , OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Article IV – SYSTEM AND SERVICE LIMITATIONS

1.     The Application is designed to provide information regarding the Monitored Party and related and/or additional activities as such may be from time to time.

2.     You are responsible for supplying high speed Internet access. Company does not provide Internet service; maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply. Company is not responsible for your access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by you for the Application and the access of the System. You acknowledge that the System can be non-functional or compromised if the Internet codes or devices used for access are lost or accessed by others. Company is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is your responsibility to secure access to the system with pass codes and lock outs.

3.     The Application is designed to utilize your enabled cellular Device to access the System. The Device will work only in areas where the cellular service has coverage and Company has no control over such coverage. You are responsible for all permits and permit fees, if any, and agree to file for and maintain any permits required by applicable law and indemnify or reimburse Company for any fines relating to permits. Should Company be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by this Terms and Conditions you agree to pay Company for such service or material. Company does not monitor signals and communications received by from your enabled cellular device excluding information regarding login/ logout from the Application and all Application usage.

4.     You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of Company and are not maintained by Company and Company shall not be responsible for any failure which prevents transmission signals from reaching your Internet enabled Device or damages arising therefrom, or for data corruption, theft or viruses to your Internet enabled Device.

Article V – INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, representatives and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or accruing from your use of the Application , including your downloading, installation, or use of the Application, or your violation of the Terms and Conditions.

Article VI – MODIFICATION

The Company reserves the right to modify without prior notice the Application, and the Terms and Conditions governing its use, at any time, including but not limited to charge fees in order to access and/or use the Application. The Company also reserves the right to terminate any or part of the Application or any use thereof at any time on its sole discretion without prior notice.

Article VII – LICENSE CHANGES

1.     The Company reserves the right to update and change, from time to time, these Terms and Conditions and all documents incorporated by reference. At all times, you can find the most recent version of the Terms & Conditions on the Company’s website or request a copy from Company’s support team. Use of the Application after such change constitutes acceptance of such changes.

2.     This Terms and Conditions, and any new versions, between the Company and you, covers all your use of the Application, including, without limitation, the Application. You can accept this Terms & Conditions by clicking on such acceptance buttons or links as may be designated by the Company. If you disagree with any of the terms below, the Company does not grant you a license to use the Application.

Article VIII – MISCELLANEOUS

1.     Your contractual relationship with other third parties, including payment, delivery of goods or services, and any other terms, conditions, privacy policies, warranties or representations associated with such dealings, are solely between you and such provider and/or third party. You agree that the Company will not be responsible or liable for any loss and/or damage of any kind or nature incurred and/or suffered by you and/or any third party as a result of the presence of such provider and/or third parties on the Application.

2.     These Terms and Conditions constitute the entire agreement and understanding between you and the Company relating to the Application and govern your use of the Application, and completely replace and supersede any prior or contemporaneous agreements between you and the Company regarding the Application.

3.     The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to the Company.

4.     The provisions of these Terms and Conditions are independent of and severable from each other. If any provision is found to be invalid or unenforceable for any reason, that provision shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, eliminated, and the remainder of these Terms and Conditions shall continue in full force and effect as if these Terms and Conditions had been signed with the invalid portion so modified or eliminated.

5.     These Terms and Conditions and your limited relationship which is only specified herein with the Company under these Terms and Conditions will be governed by the laws of the State of Israel without regard to its conflict of laws’ provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the Tel-Aviv district, Israel, to resolve any legal matter arising from these Terms and Conditions.

ESUGSC102 Smart Care EULA and Privacy Notice Template Rev.1.7

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