KYON Privacy Policy

KYON General Terms of Use   PLEASE READ THE FOLLOWING KYON TERMS AND CONDITIONS OF USE (“THE KYON TERMS”) CAREFULLY BEFORE USING THE GOODS AND SERVICES OFFERED BY THE WWW.KYONTRACKER.COM WEBSITE (“THE SITE”). THE WEBSITE WWW.KYONTRACKER.COM OPERATES ALSO AS AN ONLINE SHOP (E-SHOP) FOR THE GOODS LISTED THEREIN.   1.    Introduction - Agreement This is an agreement between KYON LTD (“we” or "us" or "our" or other similar pronouns), Site operator and owner of the KYON TRACKER device and all related software or applications or devices that we provide through the Site ("Goods and Service") and you (“you” or “You”), the user of the Site, subject to and in accordance with the KYON Terms.    The KYON Terms together with the KYON Privacy Policy govern your access to and use of the Site as well as your use and purchase of Goods and Services, excluding any products and services provided to you by us under a separate written agreement. In some instances, using the Site requires that you install our software on your computer or mobile device (the "Software").   By visiting the Site or using the Goods and Services in any manner, you, unreservedly and unconditionally, acknowledge and accept the KYON Terms and agree to be bound by them, to the exclusion of any other KYON Terms. You may terminate these KYON Terms at any time by uninstalling the Software (if any), cancelling your account with us, and no longer accessing the Site. Some provisions will continue to be effective after termination of these KYON Terms. Do not access or use the Site or our Software and refrain from any relevant transactions, if you are unwilling or unable to acknowledge and be bound by these KYON Terms.   We may modify these KYON Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and changing the Effective Date at the end of these KYON Terms. You agree to revisit the Site and carefully read the KYON Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new KYON Terms. You acknowledge and agree that your continued access to or use of the Site or Software or the Goods and Services after any posted modification to the KYON Terms indicates your full acceptance of any modification.   The KYON Terms of Use, together with the KYON Privacy Policy and any other legal notices published by us, shall constitute the entire agreement between you and us concerning the access and use of our Site and our Goods and Services. If any provision of the KYON Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the KYON Terms, which shall remain in full force and effect. No waiver of any term of this the KYON Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the KYON Terms shall not constitute a waiver of such right or provision. The KYON Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of this agreement is found to be invalid, the validity of the remaining provisions is not affected.   2.    Definitions. a. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. b. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as location information and any message you may post on or through the Site or information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site including Your Content. "Our Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than us or our users, such as data providers who license data to us for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Our Content.   3.    Eligibility. The Site and the Software are not intended for children under the age of 13 and we do not knowingly collect information from children under the age of 13.  If we become aware that a user is under the age of 13 and has submitted any information to us for any purpose, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should immediately notify us at the email address listed on the Site and we then shall proceed with the removal of such information from the Site and deletion from our records. If the user is 14 or older but under the age of 18, the user shall review the KYON Terms with his / her parent or guardian to make sure that the user fully understands the KYON Terms. Further, all users represent and warrant that they (a) have not previously been suspended by us or removed from the Site; (b) do not have more than one account for the Site at any given time; and (c) have full power and authority to enter into these KYON Terms and in doing so will not violate any other agreement to which they may be a party.   4.    Privacy. We encourage you to review our Privacy Policy which can be found at www.kyontracker.com/privacy-policy/ ("Privacy Policy"). By agreeing to these KYON Terms you are also agreeing to our Privacy Policy. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in USA, Delaware and potentially other countries. By installing the Software or using the Site you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Site or have installed the Software.   5.    Access and use of the Site and the Goods and Services. By virtue of the Agreement, we  grant you permission to access and use the Site as well as the Goods and Services in accordance with the KYON Terms and Privacy Policy provided that: (i) such access and use is solely for your personal use, (ii) you are not permitted to access and use the Site and the Goods and Services in any manner that is inconsistent with the KYON Terms such as charging others for use of or access to the Site; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Contents in any medium without our prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Goods and Services; and (iv) you will otherwise fully comply with the KYON Terms and conditions of the KYON Terms of Use and Privacy Policy. We reserve the right to set limits on the use of the Site as well as the Goods and Services at our discretion.    6.    Restrictions on Access and Use. You agree that you will not, and will not assist or enable others to: a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site; b. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; c. use the Site for promotional or commercial purposes, except as expressly allowed in writing by us; d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews; e. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results; f. use the Site to promote bigotry or discrimination against protected classes; g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; h. use the Site to submit or transmit pornography or illegal content; i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age); j. use the Site in violation of these KYON Terms or any applicable law; k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by us; l. reverse engineer any portion of the Software, the Goods and Services or the Site; m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site n. record, process, or mine information about other users; o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content; p. access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews; q. reformat or frame any portion of the Site; r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure; s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.   7.    User Accounts. You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Some features of the Site may allow you to send and receive text messages (SMS) on your mobile device. You grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, text STOP. Text HELP for more information about the text messaging service.   You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number or email or address you provide to us or through which you communicate with us.  If you want to make a change in how we contact you please contact us. You explicitly consent that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.   8.    Permission to Use Your Content. At our sole discretion, we may display Your Content on the Site in order to provide our service(s) and we may use Your Content to promote our Site, Software, our Goods and Services and for any other business uses. Please note, we reserve certain rights to preserve Your Content in our off-line servers as explained in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.   9.    Responsibility for and use of User Contents. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively "User Content") that you submit, post or display on or via the Site. You acknowledge and agree that we are not responsible for, and do not endorse, Content posted on the Site. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these KYON Terms, you may bear legal responsibility for that Content.   We do not claim ownership of any User Content that you post on or through the Site. You hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Site as per the Privacy Policy.   You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in the KYON Terms; (ii) the posting and use of your Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of posting the Content on or through the Site; and (iv) you have the legal right and capacity to enter into the KYON Terms in your jurisdiction.   We reserve the right to remove any Content from the Site for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. You agree that you will not rely on the Site for the purposes of Material backup or storage. We will not be liable to you for any modification, suspension, or discontinuation or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.   Except as otherwise described in the Privacy Policy any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content by third parties. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or a special relationship of any other type, and that your decision to submit any Content on the Site does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of us and we shall not be liable for any use or disclosure of any Content you provide.   10.      Additional KYON Terms for Forums. Our Site may provide one or more forums, testimonials, endorsements or other interactive or social media features ("Forums") for users of our Site to exchange information with each other and with us about the Site and the Goods and Services offered through it (the "Purpose"). If you use the Forums, in addition to any other KYON Terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:   a. You agree not to use the Forums for any reason other than the Purpose.. Except as permitted through a "Share" function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including, but not limited to, any code or software we may provide.   b. Opinions expressed in the Forums or elsewhere on the Site and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect our views, even if such opinion have been expressed by individuals working for us or are by any means related to us. Additionally, our Site and Forums may include advertisements, testimonials and endorsements that feature users and convey his or her experience with our products and services. In some cases, these users may have been provided our product or service free of charge, for purposes of reviewing such product or service, and providing his or her feedback, or may have been provided other remuneration or consideration, such as the potential for a television appearance. While a consumer may have received remuneration for our advertisements, testimonials and endorsements, our policy is to solicit honest opinions, findings, beliefs or experiences with our products and services.   c. All messages express the views of the author, and we will not be held responsible for any message or associated content.   d. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these KYON Terms or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.   e. When using the Forums and viewing Postings, you need to be aware of the following issues: (i) the Forums may include contributions from various sources over which we have no control (including any content submitted by third party users); (ii) we do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings and (iii) we reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these KYON Terms or in breach of any obligation of confidentiality You owe us, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and we will not be liable in relation to the removal of, or failure to remove, any Postings.   f. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.   g By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.   h. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines found in such Forums.   11.  Intellectual Property Rights. Subject to compliance with these KYON Terms, we are granting you a non-exclusive, non-transferable, revocable limited license to access the Site as well as the Goods and Services for your personal use only. You agree not to use the Site as well as the Goods and Services for any other purpose. If you violate any of these KYON Terms, we reserve the right to terminate your license without notice.   The design and lay-out of the Site as well as the Goods and Services along with its created text, scripts, graphics, interactive features and logos contained therein ("Marks"), are owned by or licensed to us, and are protected under copyright, trademarks, patents and other intellectual property rights by virtue of Greek and foreign laws and international conventions.   By accessing and using the Site or the Software or the Goods and Services or agreeing to these KYON Terms, we are not granting you any right, title, interest or license in and to any of our intellectual property rights of those of our affiliates, including but not limited to those related to (a) our KYON trademarks, (b) system on the tracking devices and (c) any other hardware or software is used with respect to such tracking devices.   12.      Third Party Intellectual Property Rights. Included as part of the Site and/or the Software and/or the Goods and Services provided to you, there may be other elements (such as software) that are licensed and available to you by virtue of third party license agreements, including but not limited to Microsoft's Bing Maps service and Google’s Maps service. To the extent that these KYON Terms may conflict with licenses or agreements governing your rights to that elements, the KYON Terms and conditions of such third party agreements are the prevailing ones.   The Site and/or the Software may provide access to Microsoft's Bing Maps service. Access to Microsoft's Bing Maps service is subject to the Microsoft Bing KYON Terms of Use at http://go.microsoft.com/?linkid=9710837 (the "Bing Maps KYON Terms”) and the Microsoft Privacy Statement at http://go.microsoft.com/fwlink/?Linkid=81184, or such other locations as Microsoft may specify from time to time. If you do not accept the Bing Maps KYON Terms or Microsoft's Privacy Statement, including all limitations and restrictions therein as may be updated by Microsoft from time to time, you may not use the Bing Maps service. Your use of the Bing Maps service will constitute your acceptance of the Bing Maps KYON Terms and Microsoft's Privacy Statement.   The Site and/or Software may provide access to Google's Maps service. Access to Google's Maps service is subject to the Android Maps APIs KYON Terms of Service at http://code.google.com/android/add-ons/google-apis/maps-api-signup.html, when accessed from an Android mobile application component of the Site, the Google Maps KYON Terms of Service at http://code.google.com/apis/maps/iphone/KYON Terms.html, when accessed from an iPhone mobile application component of the Site (collectively, the "Google Maps KYON Terms"), and the Google Privacy Policy at http://www.google.com/privacy.html. If you do not accept the Google Maps KYON Terms or Google's Privacy Policy, including all limitations and restrictions therein as may be updated by Google from time to time, you may not use the Google Maps service. Your use of the Google Maps service will constitute your acceptance of the Google Maps KYON Terms and Google's Privacy Policy.   The Site and/or Software may provide access to Apple Maps service. Access to Apple Maps service is subject to the Apple Maps KYON Terms of Service at http:// www.apple.com/legal/internet-services/maps/KYON Terms-en.html (the "Apple Maps KYON Terms") and Apple’s Privacy Policy, which is incorporated by reference into the Apple Maps KYON Terms and can be viewed at: http://www.apple.com/legal/privacy/. If you do not accept the Apple Maps KYON Terms or Apple’s Privacy Policy, including all limitations and restrictions therein as may be updated by Apple from time to time, you may not use the Apple Maps service. Your use of the Apple Maps service will constitute your acceptance of the Apple Maps KYON Terms and Apple's Privacy Policy.   We may make available third party products and services for purchase through the Site. Descriptions and images of, and references to, third party products or services available in connection with the Site do not imply our endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, to bar you from making purchase(s), and/or to refuse to provide you with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.   13.      Notices of Infringement of Intellectual Property Rights. Notifications of claimed infringement of Intellectual Property Rights, including but not limited to trademark, copyright, patent and design infringement, should be sent to:   a. In writing at the following address: KYON LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limmasol, Cyprus   b. By phone at the following lines: -     United Kingdom, London 44-20-38070085 -     United States, New York 1-917-2849501 c. By email at the following email address: info@kyontracker.com   To be effective, the Notification shall be precise, expressly refer to the infringed rights and the provisions of law invoked and shall be accompanied with the relevant proof of ownership (such as ownership certificates, registry extracts etc.).   Within a reasonable time after receipt of the written Notification, we will attempt to look into the matter and, in our sole discretion, we may contact the alleged infringer or remove or disable access to the Content that is allegedly infringing.   14.      Site Availability. Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also we reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.   15.      Unauthorized Access. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.   16.      Links to Third Parties. The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the products and services made available through the Site are provided in connection with third parties and subject to additional KYON Terms posted here which you are bound by in accordance with its KYON Terms, which KYON Terms are incorporated herein by reference.   17.      Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.   18.      Termination. a. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.   b. You may terminate these KYON Terms at any time by closing your account, discontinuing your use of any and all parts of the Site and if have installed our Software, by uninstalling it. If you close your account, we may continue to display Your Content where it implicates other users.   c. In the event of any termination, whether by you or us, these KYON Terms will continue in full force and effect.   19.      Ownership. We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content, the Software and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content or Software in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site, the Software and Our Content are retained by us.   20.      Warranties, Disclaimers, and Limitations of Liability. a. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOFTWARE OR SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT.WE CAN'T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS AND WE DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.   b. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY.  YOU WILL NOT BE ENTITLED TO SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE US. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO US $100.   21.      Indemnity. You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of these KYON Terms, (iii) claims for libel, slander or any property damage, personal injury or death, (iv) the use, failure to use, or inability to use the Site or Software or any products or services available through the Site, caused directly or indirectly by you, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.   22.  Jurisdiction and Applicable law / Arbitration. The KYON Terms are governed by the laws of Cyprus. Any claim or dispute between KYON and the Users that arises in whole or in part from or is in connection by any means with the Site and the Goods and Services shall be decided exclusively by a court of competent jurisdiction located in Limassol, Cyprus.   23.      Contact and Violations. Please contact us with any questions regarding these KYON Terms. Please report any violations of these KYON Terms by email at info@kyontracker.com or write to us at KYON LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limassol, Cyprus.

The company KYON LTD. and any and all of its affiliates (“KYON” or "we" or "us" or "our" or other similar pronouns) take your privacy matters seriously. Please read the following to learn more about our Privacy Policy ("KYON Privacy Policy"). The KYON Privacy Policy details how we receive, collect, store, use, disclose, share and protect information in connection with the operation of the Site as well as the KYON Pet Tracking System that we provide through the Site. If you do not agree to the terms of this Policy, please do not use the Site or the KYON Pet Tracking System.

 

The KYON Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties to which we may disclose user information as set forth in the KYON Privacy Policy. The KYON Privacy Policy applies to all visitors, users, and others who access the Site as well as the Pet Tracking System ("Users").

 

1. Collection of Personal Information

By using our Site and/or the KYON Pet Tracking System you agree that we may collect information from your computer or mobile device, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site or the KYON Pet Tracking System with your mobile device, type of mobile device, version of our software, and how you use our software such as the features and functions you use and frequency of use. In addition, we may collect information about how you use our Site, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other click-stream data.

In order to access our Site and/or the KYON Pet Tracking System, you may be asked to provide us with some or all of the following information (collectively, "Personal Information"):

a)   full name, address, age, correspondence address, e-mail address, telephone number and credit card information (namely, credit card number, holder details, expiry dates and the CCV/CCV2 security code);

b)   the location of your KYON tracking collar and base station, geo-fence information which may disclose the location of your residence or other locations personal to you, pet information and other data from the use of our Site and/or the KYON Pet Tracking System such as the features or functions that you use more often;

c)    All User Contents that users submit or transmit to or through the Site, such as messages that users may post on or through the Site;

d)   Any information you voluntarily submit to us in the context of registering to our Site, using the KYON Pet Tracking System, participating in a survey, contacting us or providing us feedback;

e)  Communications between you and us, such as emails related with the Site and/or the KYON Pet Tracking System (e.g., changes/updates to features of the KYON Pet Tracking System, technical and security notices) ; and

f)     “Device identifiers” and “Metadata” (as defined below) through the use of a mobile device like a tablet or phone to access and use our Site and/or the KYON Pet Tracking System.

 

Definitions

“Device identifiers” are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by us. A device identifier may deliver information to us or to a third party partner about how you browse and use our Site or the KYON Pet Tracking System. Some features of our Site or the KYON Pet Tracking System may not function properly if use or availability of device identifiers is impaired or disabled.

 

“Metadata” is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other's APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

 

2. Use of Personal Information

We may use the information we collect from and about you for account verification and to fulfill your requests in connection with the KYON Pet Tracking System; to provide you with targeted offers and advertising on the Site; help you efficiently access your User Contents and the Software; to remember information so you will not have to re-enter it during your visit or the next time you visit the Site and/or use the KYON Pet Tracking System; to contact you with information and promotional materials, contests and offers from our company as well as from our subsidiaries, affiliates, marketing partners, advertisers and other third parties; to contact you when necessary; to diagnose and address problems with the Site or the KYON Pet Tracking System; to protect the security or integrity of the Site, the KYON Pet Tracking System and our business; to improve, update and upgrade our Site and the KYON Pet Tracking System and develop new ones; to monitor metrics such as total number of visitors, traffic, and demographic patterns; and as otherwise disclosed to you at the point of information collection. To the extent permitted by applicable law, we reserve the right to combine the various types of data that we collect and to combine the data we collect with data we acquire from other entities.

 

3.    Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

-      We use third-party analytics tools (such as Cookies, Web Beacons etc.) to help us measure traffic and usage trends for our Site and the KYON Pet Tracking System. These tools collect information sent by your device or the KYON Pet Tracking System or by accessing our Site, including the web pages you visit, add-ons, and other information that assists us in improving the Site and the KYON Pet Tracking System. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

-      We may collect and store details of how you use our Site and the KYON Pet Tracking System, including search queries. This information may be used to improve the relevancy of results provided by our Site and the KYON Pet Tracking System. Except in limited instances to ensure quality over the Internet, such information will not be associated with your IP address.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

 

4. Sharing and Disclosure of Information

We do not rent, sell, or share any information about the user with any third-parties, except as noted in the KYON Privacy Policy. In particular:

-      Certain Personal Information we collect will be disclosed and shared with our trusted strategic partners, associates and subcontractors to the extent necessary for the function and efficiency of the Site and the KYON Pet Tracking System. When you purchase the KYON Pet Tracking System, you authorize us to exchange your Personal Information with our strategic partner and provider of the SIM card incorporated in the tracking collar in order to activate the said device and efficiently carry out the purpose of your purchase. Also when you purchase the KYON Pet Tracking System, you authorize us to share your Personal Information with our trusted strategic partners, associates and subcontractors to the extent necessary for the fulfillment of customer orders, including placement of order, payment and delivery. Our strategic partners, associates and subcontractors are obliged to protect your information and we will always require them to take appropriate organizational and technical measures to this end.

-      Some of your Personal Information such as the name of your pet you have connected with the KYON Pet Tracking System may be searchable by other Users.

-      We may disclose your Personal Information if we believe such action is necessary: (a) to comply with the law, or legal process served on us; (b) to protect and defend our rights or property (including the enforcement of the KYON General Terms, the KYON Terms of Sale, the KYON Limited Product Warranty, the KYON End User License, the KYON Refund & Return Policy, the KYON Product Safety Information and any other legal notices published by us on this Site); (c) to act in urgent circumstances to protect the personal safety of users of our services or members of the public; or (d) for national security, law enforcement, or other issues of public importance that disclosure of information is necessary.

-      Any information or content that you voluntarily disclose for posting to the Site, such as User Contents, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.

-      We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share the aggregated information.

Notwithstanding any of the foregoing, our servers that are used to store your Personal Information are owned and hosted by Verio, a business unit of NTT America, Inc. (“Verio”). You can read more about measures taken by Verio to protect the security of their servers and your Personal Information at http://www.verio.com/about/legal/.

 

5. Children's Privacy

Protecting the privacy of the very young is especially important. We never knowingly, directly or indirectly, collect or maintain Personal Information at or on the Site and/or the KYON Pet Tracking System from those we actually know are under 14 and no part of our Site is directed at or structured to attract anyone under 14. Visitors younger than 14 years of age may NOT use our Site and the KYON Pet Tracking System and must LEAVE immediately.

 

6. Security

We take reasonable precaution to protect Personal Information from misuse, loss and unauthorized access. Although we cannot guarantee that Personal Information will not be subject to unauthorized access, we have physical, electronic, and procedural safeguards in place to protect Personal Information. Personal Information is stored on our servers and protected by secured networks to which access is limited to a few authorized employees and personnel. KYON uses Secure Sockets Layer (SSL) encryption technology to protect the information that you submit. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

 

7. Business Transitions

In the event that we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, Personal Information will likely be among the assets transferred. As part of such a transaction the new entity will be required to commit to the same level of protection of your Personal Information as described in KYON Privacy Policy.

 

8. Changes to Policy

From time to time, we may revise the KYON Privacy Policy. We reserve the right to update or modify KYON Privacy Policy, or any other of our policies or practices, at any time with or without notice. We will post the revised KYON Privacy Policy on the Site, so that users can always be aware of what information we collect, how the information is used and under what circumstances such information may be disclosed. You agree to review the KYON Privacy Policy periodically so that you are aware of any modifications. Your continued use of the Site and the KYON Pet Tracking System indicates your assent to any changes and signifies your agreement to the terms of the KYON Privacy Policy. If you do not agree with these terms, you should not use the Site and/or the KYON Pet Tracking System.

 

9. Your Choices

You may, of course, decline to provide us with your Personal Information, in which case we may not be able to provide certain services to you. If you do not agree with the KYON Privacy Policy, please refrain from visiting the Site, uninstall any software or application related with the KYON Pet Tracking System and discontinue use of the KYON Pet Tracking System; your continued usage and access of the Site and the KYON Pet Tracking System will signify your assent to and acceptance of the KYON Privacy Policy.

 

10. International transfers of personal data

The KYON Pet Tracking System may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.

 

11. Right of Access and Objection

You have a right to know what personal data we hold about you. You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal data for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from us, critical alerts may still be sent to you.

 

You may exercise your rights by contacting info@kyontracker.com. In some cases, especially if you wish us to delete or stop processing your personal data, this may also mean that we may not be able to continue to allow you access and use of our Site and the KYON Pet Tracking System.

 

12. Third-Party Sites and Privacy Practices

The KYON Privacy Policy applies solely to Personal Information that is acquired through your use of the Site, the KYON Pet Tracking System, and/or your relationship with us. We urge you to be careful when you enter any personal information online. We accept no responsibility or liability for these other websites.

 

13.      Controller

KYON LTD, with registered address at 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limassol, Cyprus, is the controller of your personal data.

 

14.      Contact Information

Please direct all questions in connection with this Privacy Policy via e-mail to info@kyontracker.com.