SPYPOINT POLICIES

Terms of Service Privacy Policy Trademarks

TERMS OF SERVICE

1. Acceptance of terms of service

This is an agreement between 9138-4529 Québec Inc ("SPYPOINT", "we" or "us"), owner and operator of the website https://www.spypoint.com/en and https://webapp.spypoint.com and the mobile application SPYPOINT (collectively, the "Platform"), and you ("you "or "You"), a User of the Platform (the "User").

By using the Platform, including the Services offered on the Platform and all other Services, software, applications and subscriptions offered by SPYPOINT (hereinafter collectively referred to as the "Services") you acknowledge and accept the Terms of Use (the "Terms of Use"). If you choose not to accept these Terms of Use, you must refrain from using the Platform.

The Platform is available only to Users who can legally enter into binding contracts under applicable laws. By using or accessing the Platform, you represent and warrant that you are at least eighteen (18) years of age and that you are not prohibited from using the Platform or the Services under applicable law.

2. MODIFICATION OF THE TERMS OF USE

2.1. Right to modify the Terms of Use.

SPYPOINT reserves the right, at its sole discretion, to modify and update the Terms of Use (the "Modified Terms of Use") from time to time.

2.2. Notice of amended Terms of Use.

Unless SPYPOINT makes a change for legal or administrative reasons or unless the change is not material, SPYPOINT will provide reasonable notice before the amended Terms of Use become effective. You agree that SPYPOINT may notify you of any changes to the Modified Terms of Use by posting them on the Platform.

2.3. Acceptance of the amended Terms of Use.

Your use of the Platform after the effective date of the amended Terms of Use constitutes your acceptance of such amended Terms of Use. You should review these Terms of Use and any updated Terms of Use before using the Platform.

2.4. Effective date of amended Terms of Use.

The amended Terms of Use will take effect upon their publication, or at a later date specified in the amended Terms of Use, and will apply to your use of the Platform from that time.

3. Use of the platform

3.1. Functionality.

The Platform allows you to purchase Products (as defined below) offered by SPYPOINT such as, but not limited to, trail cameras, transmission devices, accessories and cellular transmission plans. The web and mobile applications, depending on the model of camera purchased by you, also allow you to activate your camera to locate your GPS position and to manage and view photos taken with your camera.

3.2. Access and Use.

During the term of this Agreement, SPYPOINT grants you a limited, nonexclusive and nontransferable right to access and use the Platform for lawful purposes in accordance with the Terms of Use (the “Permitted Purposes”).

3.3. Rules of conduct.

You may not engage in the following prohibited activities:

  1. Use the Platform for any purpose other than the Authorized Purposes;
  2. Copy, distribute or disclose all or any part of the Platform in any medium, including by means of any automated or non-automated web scraping tool or technique;
  3. Use any automated system, including crawlers and offline readers, to access the Platform;
  4. Transmit, by means of the Platform, spam, chain letters or any other form of unsolicited e-mail;
  5. Attempt to interfere with the Platform's servers, compromise the integrity or security of their systems, or decrypt a transmission to or from them;
  6. Take any action that, in SPYPOINT's sole discretion, would impose an unreasonable or disproportionately large load on the Platform's infrastructure;
  7. Upload data, viruses, worms or other malicious software via the Platform;
  8. Gather, extract or harvest information from the Platform that can be used to identify individuals (including User names);
  9. Impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity;
  10. Interfere with the proper working of the Platform;
  11. Access any Content on the Platform using any means or technology other than those provided or authorized by the Platform;
  12. Circumvent any measures that SPYPOINT may use or implement to prevent or restrict access to the Platform, including, without limitation, features that prevent or restrict the use or copying of any Content or that impose limits on the use of the Platform or the Content contained therein; and
  13. Otherwise use the Platform in contravention of any applicable law.

3.4. Investigations and prosecutions.

SPYPOINT shall have the right to investigate and prosecute any violation of the Terms of Use to the fullest extent of the law. You acknowledge that SPYPOINT has no obligation to review your Content (as defined below) or monitor your access to or use of the Platform, but has the right to do so, in order to ensure compliance with the Terms of Use, applicable laws, court orders, search warrants or requirements of any court or governmental or regulatory body. In the event of a breach of these Terms of Use, SPYPOINT reserves the right, at any time and without notice, to remove your Content and disable your access to the Platform.

4. Electronic communications

When you provide your e-mail address to SPYPOINT through the Platform, you expressly consent to SPYPOINT keeping your e-mail address in its databases and to SPYPOINT using it in its mailing lists in order to communicate with you to (i) validate certain information related to your account, (ii) keep you informed of the status of your account on the Platform, (iii) conduct surveys or verifications concerning the Platform, in particular concerning its functionalities, its ease of use or your appreciation of the Platform, (iv) inform you of advantages or promotions offered by SPYPOINT (unless you explicitly unsubscribe to the newsletters), or (v) any other reason relating to the Platform or the security of the Users.

5. Your account

5.1. Creating an account.

Certain features of the Platform require the creation of a User account. When creating a User account, you agree to provide SPYPOINT with true and complete information about yourself as required by the registration process and to update such information as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a breach of this paragraph, SPYPOINT may terminate your right to use the Platform, at its sole discretion.

5.2. Account responsibility.

You are entirely responsible for maintaining the confidentiality of your password and User name. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify SPYPOINT of any unauthorized activity that occurs under your account or any other breach of security.

5.3. Account Security.

SPYPOINT cannot guarantee that unauthorized third parties will never be able to circumvent the security measures of the Platform or that they will not make unlawful use of information on the Platform that you have provided to us and that allows us to identify you (the "Personal Information"). You acknowledge that you provide your Personal Information at your own risk. For more information on SPYPOINT's privacy practices, please refer to our Privacy Policy at https://www.spypoint.com/en/policies/privacy-policy.

5.4. Responsibility for account misuse.

SPYPOINT shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred by you as a result of someone else using, with or without your consent, your password or username, or your account. You may also be held liable for losses incurred by SPYPOINT or a third party due to someone else using your account, username or password.

5.5. Use of Other Accounts.

You are prohibited from using another person's account at any time, except with the permission of the account holder as his or her authorized agent (hereinafter the "Authorized Use"). You acknowledge that you are solely responsible for any damage or loss that may result from Authorized Use. In the event of Authorized Use, you hereby agree to indemnify, defend and hold SPYPOINT and its affiliates harmless from any claim or suit by any third party alleging any damages resulting from Authorized Use.

5.6. Account closure.

SPYPOINT reserves the right to delete any account that has been inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.

5.7. Account suspension.

You may suspend or terminate your account on the Platform for any reason, at your sole discretion and without notice, without liability to SPYPOINT. For more information on the process of deleting your account, please refer to SPYPOINT's Privacy Policy at https://www.spypoint.com/en/policies/privacy-policy.

6. Platform fees

6.1. Fees.

SPYPOINT may charge fees for access to the Platform. However, unless SPYPOINT obtains your prior consent to the payment of such fees, such fees will never be charged. Fees will be prominently displayed on the Platform and in other appropriate places.

6.2. Rates.

You shall pay all charges billed to your account at the rate in effect for the billing period in which they are incurred. You shall also pay all applicable taxes in connection with the use of the Platform through your account.

7. Purchase orders and sales

7.1. Order form.

If You are a commercial customer such as a retailer, distributor or consumer using the Products and Services for commercial purposes or professional activities, You must submit a Purchase Order for our Products and Services (the "Purchase Order") on our standard Purchase Order form made available to You via the Site. Once the Order Form has been accepted by SPYPOINT, this Order Form will constitute a legally binding contract between You and SPYPOINT.

If you are an ordinary consumer, you can place an order online via our Website by entering the required information (hereinafter the "Online Consumer").

7.1.1. Order form contents.

Before concluding a sale through the Platform, SPYPOINT will disclose, expressly bring to your attention and present to you the following information in a visible and understandable manner, so that you may easily retain and print your Purchase Order, and correct any errors before it is sent to us and registered:

  • our name and any other name under which we operate;
  • our address;
  • our telephone number and, if applicable, our fax number and e-mail address;
  • a detailed description of the Products or Services to be covered by the Purchase Order, including technical characteristics and specifications or model or part number;
  • a detailed list of the quantity and unit prices of the Products or Services to be covered by the Purchase Order, including any related charges invoiced to you and any additional charges payable by law;
  • a description of any additional charges payable to a third party, such as customs duties and brokerage fees, the amount of which cannot reasonably be determined;
  • the total amount payable by you under the contract and, if applicable, the number of instalments, the rate applicable to the use of an ancillary Product or Service, and the terms of payment;
  • the currency in which amounts due under the contract are payable, if not in Canadian dollars;
  • the date on which, or the period within which, our principal obligation is to be performed;
  • if applicable, the method of delivery, the name of the carrier and the place of delivery;
  • the applicable cancellation, termination, return, exchange and refund conditions, if any; and
  • any other applicable restrictions or conditions.

7.2. Data encryption.

You agree that your data (excluding credit card information), may be transferred without encryption and involve transmissions over different networks, as well as modifications to conform and adapt to the technical requirements of connecting networks or devices.

7.3. Acceptance or rejection of SPYPOINT.

Notice of Acceptance or Rejection.

Within ten (10) business days following receipt of your Purchase Order and payment for the Products or Services which are the subject of the Purchase Order, SPYPOINT will inform you whether or not the Purchase Order is accepted. SPYPOINT may reject the Purchase Order for any reason whatsoever, at its sole discretion and without explanation.

Acceptance and presumed acceptance.

The parties will be bound by the Purchase Order when SPYPOINT notifies you of its acceptance, or if SPYPOINT does not notify you of its acceptance or rejection, within ten (10) business days of receipt of your Purchase Order.

If you are an Online Consumer, SPYPOINT will notify you of the confirmation of your order by e-mail within a reasonable time, including the details of the transaction.

Modification.

SPYPOINT may propose an amendment to a Purchase Order by including in its notice an amended Purchase Order, which you may accept or reject in accordance with the acceptance and rejection procedures set forth in this section.

7.4. Price, billing and payments.

Price.

You will pay SPYPOINT's listed price for each Product or Service, as indicated on the Platform.

Payment and Taxes.

SPYPOINT will invoice, require and collect payment in full for the Products or Services that are the subject of a Purchase Order upon receipt of such Purchase Order. The final amount will include sales taxes applicable in your territory.

Invoice and Receipt.

SPYPOINT will send or give you access to the invoice for each Purchase Order and a payment receipt upon receipt of payment for the Products or Services that are the subject of a Purchase Order. SPYPOINT will send or notify you of each invoice and payment receipt in writing to the email address you have provided in the Purchase Order.

7.5. Delivery of Products or Services.

Delivery.

SPYPOINT will deliver each merchandise order to you in accordance with the delivery method offered at the time of purchase on the Platform and to the shipping address indicated at the time of your online purchase. All delivery times provided are estimates only and SPYPOINT cannot be held responsible for any delays in delivery.

SPYPOINT’s main obligation.

SPYPOINT's primary obligation is presumed to have been performed if SPYPOINT has attempted to perform it on the date specified in the Purchase Order, on a later date agreed upon in writing between you and SPYPOINT, or on the date specified in a notice sent to you within a reasonable time, but has been prevented from doing so by your actions or negligence.

Risks of losses.

SPYPOINT will remain liable for any damage, loss or defect in the goods until they are delivered to you, after which you will be solely responsible.

8. Provisions applicable to consumers only

The following provisions apply only to buyers who are Consumers: the "Consumers" means "natural persons, with the exception of merchants who obtain our Products or Services as part of their professional activity".

8.1. Remote contract.

The distance contract for the sale of Products or Services between SPYPOINT and a Consumer will be evidenced in writing, a copy of which will be sent to the Consumer within fifteen (15) days of its conclusion, in such a way that the Consumer can easily retain and print it, and will indicate:

  • The name and address of the Consumer;
  • The date on which the contract is concluded; and
  • The information described in section 7.1.1 above (Order Form Contents), as disclosed prior to the conclusion of the contract.

8.2. Cancellation.

The Consumer may cancel the contract within seven (7) days of receiving a copy if:

  • SPYPOINT has not disclosed to the Consumer, by confirmation to the e-mail address registered by the Consumer at the time of the transaction, the information described in section 7.1.1 above (Order Form Content) prior to the conclusion of the contract, or has not disclosed such information in accordance with this section;
  • SPYPOINT has not given the Consumer the express opportunity, prior to the conclusion of the contract, to accept or reject the proposal or to correct any errors; or
  • The contract does not meet the requirements of section 8.1 above (Distance contract).

However, the cancellation period commences upon SPYPOINT's performance of the principal obligation if the Consumer, at that time, becomes aware that SPYPOINT has not disclosed all of the information described in section 7.1.1 above (Order Form Content). If SPYPOINT does not send a copy of the Agreement to the Consumer within the time limit set forth in section 8.1. above (Distance Agreement), the Consumer has thirty (30) days, from the date of conclusion of the Agreement, to cancel the Agreement.

The Consumer's right to terminate the contract is exercised by sending a notice to SPYPOINT. The Contract is terminated by operation of law as of the date of dispatch of the notice of termination. Within fifteen (15) days of the termination of the Contract, SPYPOINT must reimburse all sums paid by the Consumer under the Contract. Within fifteen (15) days of the termination of the contract, or after delivery if this is subsequent to the termination, the Consumer must return to SPYPOINT the Products that were the subject of the contract in the condition in which they were received. SPYPOINT will bear the reasonable costs of return.

A distance contract may also be terminated by the Consumer at any time prior to the performance of SPYPOINT's principal obligation if SPYPOINT's principal obligation is not performed within thirty (30) days following the date specified in the contract or the later date agreed upon in writing between the Consumer and SPYPOINT, or within thirty (30) days following the conclusion of the contract which does not specify a date or term for the performance of SPYPOINT's principal obligation.

8.3. Chargeback.

If SPYPOINT defaults in its obligation to make a refund and the Consumer has paid by credit card, the Consumer may, within sixty (60) days of the default, request the card issuer to charge back all amounts paid under the distance contract and any ancillary contracts, and to cancel all charges made to the Consumer's account in connection with such contracts. A chargeback request must be made in writing and contain the following information:

  • Name of credit card holder;
  • Credit card number and expiry date;
  • SPYPOINT's legal name (9381-9506 Québec Inc.);
  • The date on which the distance contract was concluded;
  • The amount debited from the credit card account and the amounts to be reimbursed by SPYPOINT;
  • A description of the Products or Services that are the subject of the contract and for which a chargeback is requested;
  • The reason for cancellation of the Contract; and
  • The date of cancellation and the means used to send the cancellation notice.

9. Return, refund and exchange conditions

For the purposes of these Terms of Use, the term "Product" refers to all components or materials of the products offered by SPYPOINT.

9.1. Refund.

SPYPOINT does not offer any refunds, other than to Consumers in the cases mentioned in Article 8.

9.2. Exchange.

You may, within thirty (30) days of purchasing a Product, request an exchange for another Product of the same or greater value by paying the difference in price. In the event that you choose a Product of lesser value, SPYPOINT will not refund the difference between the original higher price and the purchase price of the replacement Product. To be eligible for an exchange, your Product must be unused and in the same condition in which you received it.

9.3. Return.

To complete your return, SPYPOINT requires a receipt or proof of purchase issued by SPYPOINT. To return your Product for exchange or return, you must contact SPYPOINT prior to shipping your Product and SPYPOINT will provide you with a Return Merchandise Authorization (RMA) number.

Under no circumstances will SPYPOINT accept returns for which freight charges must be paid upon receipt. Such shipments will be refused upon receipt and returned to the sender. If however SPYPOINT accepts such a shipment, SPYPOINT may, at its sole discretion, deduct the amounts charged for transportation from the refund to be made. You are responsible for any loss or damage to the equipment during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are non-refundable.

Upon receipt of the returned Product and subject to SPYPOINT's approval of the refund, SPYPOINT will have sixty (60) days to issue the refund.

9.4. Refusal

In the event that, based on the condition of your Product and at SPYPOINT's sole discretion, the return is refused, the Product may not be credited for an exchange and SPYPOINT may dispose of the Product.

10. Products or services

10.1. Colors and Images.

SPYPOINT has made every effort to display as accurately as possible the colors and images of our Products that appear on the Platform, but we cannot guarantee that the display of a color on your screen will be accurate or that the Product you receive will be exactly as shown on the Platform.

10.2. Changes to Products or Services and prices.

The prices of our Products and Services are subject to change without notice. SPYPOINT reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. SPYPOINT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

10.3. Limitations and interruption.

SPYPOINT reserves the right, but is not obligated, to limit or restrict sales of our Products or Services to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. SPYPOINT reserves the right to limit the quantities of any Products or Services offered. All Product or Service descriptions and prices are subject to change at any time without notice and at our sole discretion. SPYPOINT reserves the right to discontinue any Service or remove any Product from the Platform at any time. Any offer of Products or Services made on the Platform is void where prohibited by law.

10.4. Quality.

SPYPOINT does not warrant that the quality of any Product, Service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

10.5. Warranty.

SPYPOINT offers a two (2) year warranty on cameras and other transmission devices sold and a one (1) year warranty on all other Products sold, including accessories. To this end, please visit the Platform to consult the instruction manual for your Product. In the event of any discrepancy between these Terms of Use and the instruction manual, the information in the instruction manual shall prevail. No warranty will be given on any Product that has suffered physical damage. All Products must be carefully diagnosed by one of our agents before an RMA is issued for a warranty return.

11. Accuracy of billing and account information

SPYPOINT may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same credit card or orders using the same billing or shipping address.

12. Intellectual property

12.1. Trademarks.

All trademarks (including words, phrases and logos) used by SPYPOINT to distinguish, or so as to distinguish, its own Products or Services from those of others, are the property of SPYPOINT. SPYPOINT's trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of SPYPOINT.

12.2. Copyright.

All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to perform, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner may perform.

12.3. Other rights.

The Platform, or any part thereof, may be protected by industrial designs or patents. SPYPOINT reserves all rights to the Platform not expressly granted herein. You agree not to use, copy or distribute any content of the Platform other than for the Authorized Purposes.

12.4. Feedback.

SPYPOINT shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Platform or any other SPYPOINT Product or service (the "Feedback"), without compensation or attribution to the User or any person from whom such Feedback originated.

12.5. Documentation.

SPYPOINT will, from time to time, provide the User with Documentation, either online or in any material form, describing the features, operation and use of the Platform (the "Documentation"). The User understands and agrees that he/she may reproduce and use the Documentation only as necessary to support his/her use of the Platform.

13. User content

13.1. Ownership of Content.

You retain all proprietary rights to any images, text, graphics, videos, photos, information or other materials (the "Content") uploaded to the Platform.

13.2. Content License.

By submitting Content to the Platform, you grant SPYPOINT a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to do anything with your Content that, under any applicable law, you would otherwise have the exclusive right to do, including the right to authorize anything with respect to such Content, including for commercial and non-commercial purposes, subject to SPYPOINT's Privacy Policy.

13.3. Responsibility of Content.

You hereby acknowledge and agree that you are solely responsible for all Content that you submit to the Platform or otherwise share with third parties. Accordingly, you represent and warrant that (i) you are the sole and exclusive owner of all Content submitted to the Platform, or you have all necessary rights, licenses, permissions, consents and authorizations to grant SPYPOINT the rights to such Content, and (ii) neither the Content nor your publication, transmission or submission of your Content or SPYPOINT's use of your Content infringes or will infringe the rights of any third party, including intellectual property rights and rights of publicity, or any law or regulation, domestic or foreign.

By uploading Content that is prohibited, illegal, or for which you are not the owner or rights holder, you agree to defend, indemnify and hold harmless SPYPOINT, its affiliates and related companies, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and settlement amounts arising out of or related to the infringement caused by the Content.

13.4. Personal Information.

For more information on how SPYPOINT may collect, use or disclose personal information, please see SPYPOINT's Privacy Policy at https://www.spypoint.com/en/policies/privacy-policy.

13.5. Third-Party Content.

Through the Platform, you may have the opportunity to use and/or access Content provided by third parties. SPYPOINT cannot guarantee that such third party Content will be free of material that you may find objectionable or otherwise. SPYPOINT disclaims all liability related to your access or use of any third party Content.

14. Confidential information

14.1. Definitions.

For the purposes of this Article 14, the term "Confidential Information" means any material, non-public information relating to SPYPOINT (including any trade secrets), whether written or oral, and whether or not marked as confidential.

14.2. Confidentiality Obligation.

The User must keep confidential all Confidential Information of SPYPOINT that SPYPOINT has disclosed to him or made available to him, directly or indirectly, by any means of communication or observation.

14.3. Limited purposes.

The User may only use Confidential Information for the purposes of its use of the Platform.

14.4. Non-Disclosure.

The User may not disclose Confidential Information to any third party, except to the extent that such disclosure :

  1. is permitted by these Terms of Use;
  2. is subject to SPYPOINT's prior written and signed consent; or
  3. is required by law.

14.5. Opinion.

The User shall notify SPYPOINT promptly and in a timely manner if the User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.

15. Hyperlinks

The Platform may contain hyperlinks to external Internet sites, which will take you away from the Platform (the "External Sites"). You acknowledge and agree that SPYPOINT is not responsible for the availability of such External Sites, nor for the accuracy of the Content, products or services available on such External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by SPYPOINT of such External Sites. You agree to assume all risks arising from your use of External Sites. By using the Platform, you expressly release SPYPOINT from any liability arising from your use of any External Site.

16. No Warranty

The Platform is provided to you "as is", without warranty of any kind. To the fullest extent permissible pursuant to applicable law, SPYPOINT disclaims all warranties, express or implied, including warranties as to merchantability or fitness for a particular purpose, non-infringement, accuracy, freedom from error, accuracy of Content, or availability. SPYPOINT may update the Platform without prior notice to Users. Although SPYPOINT makes every effort to ensure that the information presented on the Platform is complete and accurate, SPYPOINT cannot guarantee that such information is free of all errors, omissions and inaccuracies. SPYPOINT makes no warranty regarding the quality of the Products, Services or Content purchased or obtained through the Platform.

17. Limitation of liability

You acknowledge and agree that you assume all risks resulting from your access to or use of the Platform, the Services and the Products.

In no event will SPYPOINT's and its Affiliates' (defined below) total liability to you for all direct damages arising out of or relating to the Products, the Product software or the Services (whether in contract, tort, negligence or otherwise) exceed the amount paid by you, if any, for the Products, the Product software or the Product Services in question during the preceding twelve (12) months. This limitation is cumulative and will not be increased by the existence of multiple incidents or claims. SPYPOINT and its Affiliates disclaim all liability of any kind with respect to the licensors and suppliers of SPYPOINT and its Affiliates. The "Affiliates" refers to all affiliates, parent companies and subsidiaries of SPYPOINT and their officers, directors, employees, subcontractors, agents, licensees, successors and assigns.

To the fullest extent permitted by applicable law, in no event, including negligence, shall SPYPOINT or its Affiliates be liable for any indirect, special, incidental or consequential damages, including, but not limited to, damages for loss of use, loss of data or loss of profits, whether in contract, tort or otherwise, arising out of or in connection with the Products, accessories or Services offered by SPYPOINT, even if SPYPOINT or such Affiliate knew or should have known of the possibility of such damages. This provision is not intended to limit SPYPOINT's liability in the event of SPYPOINT's willful or intentional misconduct.

To the maximum extent permitted by applicable law, SPYPOINT shall in no event be liable for any Content, including, but not limited to, the use or inability to use the Platform, the Services offered through the Platform or the Products, loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available through the Platform or the Services. This includes, without limitation, any damage caused by or resulting from a User's reliance on any information obtained from the Platform, or which results from errors, omissions, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance. In addition, SPYPOINT does not guarantee that your camera will be able to provide accurate GPS coordinates of your camera at all times and will not be liable for the unavailability of this service.

SPYPOINT hereby expressly disclaims liability for any claims for Service failures that are due to normal wear and tear of the Product, misuse of the Product, abuse, modification of the Product, improper selection of the Product or your failure to comply with any applicable federal, state or local laws. You understand and agree that this limitation of liability applies even if SPYPOINT is found liable for any loss or damage due to breach of contract, breach of express, implied or limited warranty, negligence of any kind or degree, Product liability, subrogation, indemnification or contribution or any other theory of liability. However, this limitation of liability does not apply to any willful, wanton, intentional or reckless misconduct of SPYPOINT or to any gross negligence of SPYPOINT in states which do not allow limitation of liability for gross negligence or where such is due to a negligent breach of any material contractual duty or obligation on the part of SPYPOINT.

You install and use the Products and Services at your own discretion and risk. You are solely responsible for adequate protection and backup of data and/or equipment used in connection with your use of the Services, and you agree to hold SPYPOINT harmless and agree not to sue SPYPOINT or its Affiliates for any claim based on your use of the Products or Services, including claims for loss of data or Content, delayed performance, non-performance, poor performance or lost profits resulting from your use of the Products or Services. You are solely responsible for (and SPYPOINT and its Affiliates disclaim all liability for) any loss, liability or damage resulting from your use or installation of a Product, including damage or loss to HVAC systems, plumbing, homes, Products, other devices connected to the Product, computers, mobile devices, and all other items and pets in your home.

It is understood that you are solely responsible for protecting yourself against any risk of loss with appropriate insurance coverage, and that it is your responsibility to obtain all insurance coverage you deem necessary. To the fullest extent permitted by applicable law and by the applicable insurance policy(ies) you obtain and maintain, you release SPYPOINT from any liability for any loss, occurrence, event or condition covered by your insurance.

18. Compensation

By using the Platform, you agree to defend, indemnify and hold harmless SPYPOINT, its Affiliates, and their respective officers, agents, directors, employees, licensors and assigns from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and amounts paid in settlement arising out of or related to your use of the Platform, or your violation of the Terms of Use or the rights of third parties. SPYPOINT may assume the exclusive defense and control of any matter for which you have agreed to indemnify SPYPOINT and you agree to assist and cooperate with SPYPOINT in the defense or settlement of any such matter.

19. Termination

19.1. Termination by SPYPOINT.

SPYPOINT may terminate or suspend your access to or use of the Platform immediately, without notice and without liability, for any reason whatsoever, including breach of these Terms of Use.

19.2. Effect of Termination.

Upon termination of your access or right to use the Platform, your right to use or access the Platform shall immediately cease.

19.3. Survival of clauses.

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including provisions relating to intellectual property, absence of warranty, limitation of liability and indemnification. Termination of your access to and use of the Platform does not relieve you of any obligations prior to termination and does not limit any liability you may have to SPYPOINT or any third party.

20. Litigations

20.1. Claim Procedure.

For any dispute arising out of or in connection with this agreement, you agree, in the first instance, to contact SPYPOINT to attempt to resolve the dispute informally. If SPYPOINT has been unable to resolve the dispute with you informally, each party agrees to resolve the dispute by first resorting to mediation, in accordance with the provisions of articles 605 et seq. of the Code of Civil Procedure of Quebec, unless the mediation (i) is not initiated by a party within ten (10) days following the expiration of the period indicated in a notice of default sent by one party to the other, or (ii) has not resulted in an amicable settlement after twenty (20) days from the commencement of the mediation and, thereafter, if the mediation has not resulted in an amicable settlement, in binding arbitration, in Quebec City (Canada) unless you and SPYPOINT agree otherwise, in accordance with the provisions of articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable laws prohibit referral to arbitration or restrict a Consumer's right to go to court.

20.2. Class Action.

Except in circumstances where applicable law prohibits restrictions on a party's right to bring a class action, all claims must be brought by the parties in their own names, and not as plaintiffs or class members, in any proceeding by representation or in a class action and, unless the parties agree otherwise, an arbitrator may not join the claims of more than one person.

20.3. Injunction.

Nothing in this article shall prevent the parties from obtaining interim measures or a safeguard order, such as an injunction or any other measure deemed equitable, from a court of competent jurisdiction, before or during the arbitration proceedings.

21. Applicables laws

This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law rules. Your conduct may also be subject to other local, national or state laws.

22. General

22.1. Entire Agreement.

These Terms of Use and the Privacy Policy supersede any prior agreements between you and SPYPOINT and constitute the entire agreement between you and SPYPOINT.

22.2. Transfer.

You may not assign or transfer these Terms of Use and Privacy Policy or any rights or obligations hereunder.

22.3. Waiver.

SPYPOINT's failure or delay in exercising any right, remedy, power or privilege under the Terms of Use shall not constitute a waiver of such right, remedy, power or privilege. To be valid, a waiver must be in writing and must be signed by an authorized representative of SPYPOINT. A written waiver of any defect shall not be construed as a waiver of any other defect or defect of like nature which may occur in the future.

22.4. Invalidity or Unenforceability.

Even if one or more provisions of these Terms of Use or the Personal Data Protection Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Personal Data Protection Policy; the Terms of Use or the Personal Data Protection Policy shall then be construed as if the invalid or unenforceable provision had never been part of these Terms of Use or the Personal Data Protection Policy.

23. Contact us

SPYPOINT welcomes your comments and suggestions, which can be sent to the customer service (https://www.spypoint.com/en/support#chat).

23.1. Personal data protection

If you have any questions about how we handle your personal information, please refer to our Privacy Policy or contact us at the following address: (privacy@spypoint.com).

Privacy Policy

Effective date: October 2, 2023

Vosker Corporation (9406-7303 Quebec Inc.) and its affiliates and related entities, such as Spypoint (9138-4529 Quebec Inc.) and Vosker Security (9381-9506 Quebec Inc.) (collectively, Vosker, we, our, or us), are committed to respecting and protecting your privacy and the confidentiality of the information we collect about you and that you entrust to us. The purpose of this global privacy policy (the Policy) is to explain how and for what purposes we collect, use, share or otherwise process your personal information and how we safeguard the confidentiality of your personal information, whenever you interact with us.

Table of Contents

  1. Scope and Application
  2. What is personal information?
  3. What categories of personal information do we collect?
  4. How do we collect your personal information?
  5. How do we use your personal information?
  6. When do we share your personal information with other organizations?
  7. What are your privacy choices?
  8. How do we protect your personal information?
  9. How long do we keep your personal information?
  10. Cross-Border Transfers of Personal Information
  11. Accessing and Rectifying Your Personal Information
  12. EU Notice
  13. California Notice
  14. Changes to the Policy
  15. Contact Us

1. Scope and Application

This Policy applies if you are a customer who purchases or uses our products and services, a user who visits our websites, uses our mobile applications or creates an account through our websites and mobile apps, or a job applicant who applies for a career opportunity with us. This Policy applies to websites and mobile apps managed by Vosker and on which this Policy appears.

In this Policy, we describe our policies and practices with respect to the collection, use and disclosure of personal information and the measures taken to ensure its continued protection. We also describe the rights and choices you have regarding your privacy.

In some cases, at the time of collection of your personal information, we may provide you with additional information regarding the processing of your personal information. We may also, in certain circumstances, obtain your specific consent to the use or sharing of your personal information, including where required by law.

The EU Notice section of the Policy applies specifically to personal information processed by a Vosker entity in the United Kingdom ( UK ) and European Union ( EU ). The California Residents section of the Policy applies to personal information of California residents processed by us and contains additional disclosures, our notice at collection, and a description of your rights.

2. What is personal information?

In this Policy, personal information generally means information (regardless of its format) about an identifiable individual or natural person. This may include, for example, your name, contact information, home address, email address, birth date and information relating to your account with us (if any). It may also include more technical information, such as your IP address, browser settings, digital footprints and device ID, but only when this information can identify you as an individual. Information that is aggregated or anonymized and cannot be associated with an identifiable individual is not considered to be personal information.

3. What categories of personal information do we collect?

We limit the collection of personal information to what is reasonably required to fulfill the purposes for which it was collected.

Depending on your interaction with us, we may collect your contact information, transactional information, technical information related to your use of our products and services (including our websites and mobile apps), and information provided when applying for an employment opportunity with us. We may also collect content you capture or record using our products and services, such as video and audio recordings, as further explained below. We collect personal information in a variety of ways detailed below under How do we collect your personal information?

We may collect the following personal information about you depending on your interactions with Vosker (for instance, if you are a customer, a website visitor, mobile app user or a job applicant):

  • Identifiers, such as your full name, email address, mailing address, telephone number and other information you provide to us when you contact us or create an account (for example, when you make a purchase on our website or create an account to use our mobile application);
  • Commercial information, such as your billing and shipping address, details about the products and services you purchase via our websites and mobile apps. Your payment information is collected and processed by our payment processor (acting on our behalf) for the purposes of completing your transaction;
  • Technical information about your Vosker device, such as the name and model of your device, its serial number and SIM card number (if applicable);
  • Internet or other electronic network activity information (i.e. technical information when you visit our websites or use our mobile applications), including wh you log in to use our products and services. This information is collected via automated means, such as cookies, web beacons and similar technologies, and may include your IP address, device ID, browser type, data about the web pages you visited on our websites, your language preferences, email bounce backs and click-throughs. To learn more about how we collect and use this type of information, see How do we use your personal information? below;
  • Visual and audio information collected when using our products and services, such images and sounds captured through our cameras. Note that your use of our products and services may be subject to particular legal requirements, such as privacy and data protection laws and regulations, depending on your jurisdiction. You are solely responsible for complying with these requirements, which includes obtaining all required consents in accordance with applicable laws and displaying a notice to alert individuals that you are using our products and services;
  • Professional or employment-related information and other information you submit to us when applying for an employment opportunity, which may include some of the information described above, as well as letters of motivation, your resume, references and any additional information provided by you in the application form;
  • Any other information you provide to us, such as when you contact us for customer support or otherwise interact with us online or in-person;
  • Inferences drawn from the information identified above, such as your preferences and interests.

4. How do we collect your personal information?

We collect personal information in a variety of ways, including directly from you, from third parties and through our websites and mobile apps.

We may collect personal information from the following general sources:

a. Directly From You

We may collect personal information directly from you, such as when you:

  • make a purchase on our website;
  • create an account with us;
  • subscribe to our newsletter;
  • submit forms on our websites and mobile apps (including information provided at the time of registering to use our products and services);
  • capture content that contains personal information through your use of our products (for example, if your camera captures your image);
  • apply for a career opportunity with us;
  • contact us with an inquiry or to report a problem with our websites, mobile apps or Vosker devices; or
  • agree to complete a survey.

b. From Third Parties

In certain circumstances, we may receive personal information from third parties, such as business partners with whom we work and/or that use our products, to the extent permitted by law.

c. Through our Websites and Mobile Apps

Vosker collects technical information (e.g. your IP address, browser type and device ID) and information about your device and browser (e.g. page views and clickstream data) when you visit our websites and mobile apps, using technologies, such as cookies, web beacons and analytics engines. Some of these technologies may be operated by third parties. This information supports the functioning of our websites and mobile apps and helps us understand how you use our products and services, improve the content shown on our websites and mobile apps, and ensure that they are working properly.

For more information about the technologies we use to collect information through our websites and mobile apps and how you can manage your choices, see What are your privacy choices? below.

5. How do we use your personal information?

We may use your personal information for the following purposes or otherwise, with your consent or as permitted or required by law:

a. General Business Purposes

We may use your personal information for general business purposes such as providing or delivering a product or service requested, managing our business, including our websites and mobile apps, handling job applications, as well as for purposes relating to information, system or network security.

More specifically, we may use your personal information for the following general business purposes:

Providing or delivering our products and services. We use your personal information for activities that are necessary to provide or deliver our products and services, for instance:

  • Creating and managing your account or any other aspect of the products or services we offer;
  • Determining your eligibility to receive our products and services;
  • Processing your transactions and delivering the products and services requested;
  • Providing you with updates about the status of your order;
  • Storing the content that you capture using our products and services;
  • Verifying your identity;
  • Informing you about our products and services which may be of interest to you;
  • Responding to your inquiries;

Managing our business operations. We use your personal information for several reasons in connection with our business operations, which include:

  • Notifying you of changes to your account or other relevant information related to your use of our products and services;
  • Managing and facilitating the use of our websites and mobile apps, which may include using cookies and other similar technology;
  • Maintaining the security of the public, our users and our employees;
  • Maintaining the safety of our products and services;
  • Detecting, investigating and preventing errors, fraud or any other illegal activity;
  • Processing your employment application; and
  • Meeting our contractual, legal and regulatory obligations.

b. Research and Data Analytics Purposes

We may use personal information to understand and assess your interests and changing needs with a view to improving our products and services and developing new ones, as well as to evaluate potential improvements or other modifications to the functionality of our websites, mobile apps and Vosker devices. When required by law, we will use aggregated or anonymized information for these purposes.

Examples of research and data analytics include:

  • Analyzing the images captured by our products to improve our image recognition models and enhance the value of our products for customers. We may also use this information to measure the effectiveness of our marketing campaigns.
  • Using third-party web analytics services to analyze how visitors use our websites and mobile apps.

c. Marketing Purposes

We may use your personal information to provide you with personalized content and services, such as tailoring our products and services, our digital customer experience and offerings, and deciding which offers or promotions to show you on our digital channels.

We may also use your personal information to communicate with you in a variety of ways (for example, by email, telephone, text message, direct mail or through our online customer support services) about our programs, products, services, special offers, promotions, contests or events that may be of interest to you. If you no longer wish to receive our commercial electronic messages, please follow the unsubscribe procedure included in each of these messages. For more information on this topic, see What are your privacy choices?

6. When do we share your personal information with other organizations?

We may share your personal information within our corporate group, with our business partners and our service providers (companies that carry out activities on our behalf), and in the context of a sale, or transfer of our business or similar transaction. We may also share your personal information with your consent or in accordance with applicable law.

We may share your personal information as set out below:

Affiliates and Related Entities

Vosker may share personal information with affiliates and related entities for the purposes described in this Policy. This allows each entity to comply with applicable laws, regulations and requirements, and ensures that your information is consistent, accurate and up to date. In addition, it increases the quality and relevance of the services you receive and improves your interactions with Vosker through easier access to your information within the group.

Business Partners

Your personal information may be shared with businesses such as business partners with whom we work and/or that use our products, to the extent permitted by law.

Service Providers

We may share personal information with our agents, vendors or other organizations that provide services on our behalf, for the purposes set out in this Policy. These service providers help us operate and manage our websites and mobile apps, information systems, infrastructure and marketing. They provide services to us, such as processing payments and completing transactions, delivering products and services, sending emails and postal mail, data hosting, survey administration, providing marketing campaign services, and analytics services (e.g. tracking effectiveness of our campaigns and analyzing usage of our websites and mobile applications).

When Vosker shares personal information with our service providers, we ensure by contractual means that the transferred personal information is used only for the purposes for which the service provider is retained and is protected to the same degree as it is when in our possession. Our service providers may be located around the world, as further detailed in the Cross-border transfers of personal information section.

Sale or Transfer of Our Business or Other Transaction

We may decide to sell or transfer all or part of our business to a third party, merge with another entity, secure our assets or proceed with any other financing or other strategic capital transactions (including insolvency or bankruptcy proceedings), restructuring, share sale or other change in corporate control. We may share your personal information when required for the purposes of such a transaction in compliance with applicable laws.

Other permitted reasons

We may share your personal information when permitted or required by applicable law, for instance:

  • With governmental authorities, law enforcement and courts when compelled by law; and
  • For the purposes of detecting or suppressing fraud or criminal activity, protecting our assets and interests, conducting an internal or external investigation into any actual or suspected illegal activity or managing, defending or settling any actual or potential loss in connection with the foregoing.

7. What are your privacy choices?

You have choices about the way Vosker handles your personal information.

a. Within Your Account

If you have an account with us through our websites and mobile apps, you can update or change your personal information via your account.

b. Changing Your Communication Preferences

You can always choose not to receive marketing or promotional messages from Vosker by email by clicking on unsubscribe in any email you receive.

Please note that even if you have indicated your choice not to receive commercial messages from us, we may still communicate with you in connection with our products and services, in accordance with applicable law (for example, to send you a customer service message, important product information, service notification or recall). In addition, it may take up to ten (10) business days to register a change of preference across all our records.

c. Restricting Collection, Use and Disclosure of Your Personal Information

You may withdraw your consent to the collection, use and disclosure of personal information in accordance with this Policy at any time upon reasonable notice to Vosker in writing, subject to legal or contractual restrictions. To withdraw your consent, please contact us in writing using the relevant contact information listed in the Contact Us section below.

The withdrawal of your consent may affect our ability to continue providing you with the products and services that you have or would like to receive where the continued use and disclosure of your personal information is necessary for the provision of such products and services. In certain situations, we may be entitled to retain your personal information in order to comply with applicable legal requirements, to establish, exercise or defend our rights or legal claims, and for other legitimate business purposes described under How do we use your personal information?

8. How do we protect your personal information?

Vosker maintains appropriate policies and practices aimed at safeguarding your personal information. Depending on the volume and sensitivity of the information, the purposes for which it is used and the format in which it is stored, we implement a combination of measures to protect your personal information, including:

  • A privacy framework governing the protection of personal information through its lifecycle. This framework defines the roles and responsibilities of Vosker personnel, provides a process for dealing with complaints regarding the protection of the information, and addresses the retention and destruction of personal information;
  • Internal policies and procedures that define the roles and responsibilities of our employees throughout the information life cycle and limits their access to such information on a need-to-know basis;
  • If information is collected or stored in electronic format, technical safeguards such as encryption, firewalls, passwords, antivirus software and similar measures;
  • A designated Privacy Officer to monitor Vosker s compliance with applicable privacy laws;
  • Employee privacy and data security training.

Our goal is to prevent unauthorized access, loss, misuse, sharing or alteration of personal information in our possession. We also use these safeguards when we dispose of or destroy your personal information.

9. How long do we keep your personal information?

We store your personal information for as long as is necessary to provide our services to you, to manage our business operations, and to comply with our legal and regulatory obligations. Once no longer required, your personal information will be securely destroyed or anonymized in accordance with legal requirements.

10. Cross-Border Transfers of Personal Information

Vosker is based in Canada. Some of our service providers may access, process or store your personal information outside of the country where we are located and where you reside, including in Canada and the United States. As a result, when your personal information is used or stored in a jurisdiction other than where you are residing, it may be subject to the law of this foreign jurisdiction and the jurisdiction where you reside, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.

11. Accessing and Rectifying Your Personal Information

You may be entitled to access your personal information and request the rectification information that is inaccurate, incomplete or no longer up to date, subject to limited exceptions set out in applicable laws. If you have an account or are a registered user with our app, you may access your profile and update your personal information. Depending on the jurisdiction where you reside, you may also be entitled to request the rectification of your personal information if our collection, disclosure or retention of such information is not authorized by law.

To exercise your rights, please contact us in writing using the relevant contact information listed in the Contact Us section below.

Individuals in the UK, EU and California may have additional rights with respect to personal information processed by a Vosker entity in the UK, EU and the U.S. Please review the EU Notice and California Notice below for more information.

12. EU Notice

If you are in the European Union or the United Kingdom, this section applies to Vosker s processing of your personal information.

a. What are the legal grounds for our processing of your personal information (including when we share it with others)?

We rely on the following legal basis to process your personal information:

  • You have consented to our processing of your personal information (such as if you have consented to receive marketing emails from us). You may withdraw your consent to the use of your personal information for promotional purposes at any time as set out in Section 7 of this Privacy Policy, above.
  • Our processing of your personal information is in our legitimate interest or in the legitimate interest of a third party (such as to protect and enforce our legal rights or the legal rights of other persons, to personalize your experience on our website or to conduct data analytics to improve our product).
  • Our processing of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and/or
  • Our processing of your personal information is necessary to comply with a relevant legal or regulatory obligation (for example, where we are required to disclose personal information to a court).

b. Your Rights

You have the following rights with respect to your personal information:

  • Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you as well as the following information: (i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; and (iii) the entities or categories of entities to which your personal information may be transferred. You also have the right to request that we delete your personal information. We are not required to comply with a request to delete your personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise or defence of a legal claim.
  • Right to restrict the processing of your personal information: You have the right to restrict the processing of your personal information under the following circumstances: (i) you contest the accuracy of the personal information; (ii) the processing is unlawful but you wish to restrict rather than prohibit the processing of your personal information; (iii) the purposes for processing your personal information no longer exist, but you require the personal information for the establishment, exercise, or defence of legal claims; or (iv) you have legitimately objected to the processing of your personal information and the processing is therefore restricted pending the verification of whether the legitimate grounds of the controller override your objection. Please note that we may lawfully continue to process your personal information following a request for restriction to establish, exercise or defend a legal claim; to protect the rights of another person; to comply with applicable laws and/or requests made by law enforcement; or if you have provided your consent.
  • Right to data portability: To the extent that we process your personal information (a) based on yo consent or under a contract and (b) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
  • Right to object to the processing of your personal information: You can object to any processing of your personal information which is based on our legitimate interest (or those of a third party) if you believe your fundamental rights and freedoms outweigh such legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms. We will deliver responses to verifiable consumer requests, free of charge, either through your online account with us, if you have such an account already, or, if you do not have a pre-existing online account, by mail or electronically, at your election. Our goal is to respond to any verifiable consumer request within thirty (30) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline and require a sixty (60) days extension as permitted by law.

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you wish to exercise any of these rights, please use the contact information listed in the Contact us section below.

13. California Notice

This California notice supplements the Policy set forth above with respect to specific rights granted under the California Consumer Privacy Act (CCPA) to natural person California residents (California Resident, you, or your) with regards to personal information. If you are a California Resident, please review the following information about our privacy practices surrounding how and why we collect, use, disclose and share your personal information and your potential rights with regards to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law.

Terms used in this California notice have the meaning ascribed to them in the CCPA. We are a business. Personal information for the purposes of this section has the same meaning as in the CCPA. For purposes of this California notice, personal information does not include deidentified information, aggregate consumer information, or publicly available information as those terms are defined in the CCPA.

Notice at Collection and Use of Personal Information

Information We Collect

Depending on how you interact with us, we may collect the categories of personal information listed above in the section What categories of personal information do we collect?

How We Use Collected Information

We also may use personal information from California Residents for the business or commercial purposes described above in the section How do we use your personal information?

Our Collection, Use, Disclosure, and Sharing of Personal Information

What Information We Have Collected, the Sources from Which
We Collected It, and Our Purpose for Collecting the Information

In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, What categories of personal information do we collect? We may collect personal information from all or some of the categories of sources listed in the section, How do we collect your personal information? We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, How do we use your personal information?

Our Disclosure and Sharing of Personal Information

We do not sell your personal information. We do not knowingly sell the personal information of California residents under 16 years old.

In the preceding 12 months, we may have disclosed for a business purpose all of the categories of personal information identified in What categories of personal information do we collect? above, to the following categories of third parties: (i) businesses with whom we offer our products and services jointly, such as authorized retailers when you purchase our products and services from them; (ii) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; (iii) service providers and corporate affiliates (only as necessary or appropriate to perform legitimate business purposes); and (iv) other third parties as may otherwise be permitted by law.

California Residents Rights under the CCPA

The CCPA provides California Residents with certain rights related to their personal information. This section explains those rights. If you are a California Resident and would like to exercise any of those rights, please see How to Exercise Your CCPA Rights below for more information on how to submit a request, subject to certain exemptions and other limitations under applicable law.

  • Notice: You have the right to be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used.
  • Right to Know: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months.
  • Right to Delete: You have the right to request that we delete certain of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with federal, state, local and non-U.S. laws, rules and regulations.
  • Right to Non-discrimination: We will not discriminate against you for exercising of any rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.
  • Opt-Out of Sale: You have the right to opt out of the sale (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not).

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations and law enforcement requests. We also reserve the right to retain, and not to delete, certain personal information after receipt of a request to delete from you where permitted by the CCPA.

How to Exercise Your CCPA Rights

If you are a California Resident and would like to exercise any of the CCPA rights identified above, you may submit a request by writing to privacy@vosker.com.

We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your legally authorized agent. When you submit a Right to Know or a Right to Delete request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.

You are permitted to designate an authorized agent to submit a Right to Know or a Right to Delete request on your behalf and have that authorized agent submit the request through the aforementioned methods. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on your behalf. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.

We will deliver responses to verifiable consumer requests, free of charge, either through your online account with us, if you have such an account already, or, if you do not have a pre-existing online account, by mail or electronically, at your election. Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline and require a forty-five (45) days extension as permitted by law. Keep in mind that we are not required to provide information in response to Right to Know requests more than twice in a 12-month period and any response to a Request to Know will only cover the 12-month period preceding the verifiable request.

Additional California Privacy Rights

Some web browsers have a Do Not Track feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our sites are not currently set up to respond to those signals.

14. Changes to the Policy

We may make changes to this Policy from time to time at our sole discretion. Any changes we make will be effective when we post the revised policy on our websites or mobile apps. If we make any significant changes to the Policy, we will post a notice on our websites and mobile apps or contact you to inform you when required by law. By continuing to interact with us after the modified version of the Policy has been posted, you are accepting the changes to the Policy, subject to any additional requirements that may apply. It is your responsibility to ensure that you read, understand, accept or reject the latest version of the Policy. If you reject the latest version of the Policy, you may withdraw your consent to the processing of your Personal Information by opting out, which may affect our ability to provide you with our services and products. The Effective Date at the top of this Policy indicates when it was last updated.

15. Contact Us

If you have any questions or complaints about how we handle your personal information, please contact our Privacy Officer: using the us as indicated below or contact us at the following address:

by email at privacy@vosker.com

Privacy Officer
mreit@vosker.com

Trademarks

A trademark can be a word, a sentence, a drawing, or a combination of these, used to characterize the products or services of a person or organization and to distinguish them from others offer on the market.

  • It is therefore important to always write the brand properly, SPYPOINT must be in one word.
    • Correct : SPYPOINT
    • Incorrect: SPY-POINT
  • Always use the trademark as an adjective.
    • Correct : My SPYPOINT camera is a product of quality
    • Incorrect : My SPYPOINT is a product of quality.
  • Always use the right symbol ®/MD, depending of our trademarks.
    • ™/® : english
    • MC/MD : french
    • SPYPOINT® or SPYPOINTMD
    The absence of a name or logo from this list does not constitute a waiver of any trademark SPYPOINT or other intellectual property rights relating to such name or logo.
  • Please make sure you get approval from SPYPOINT before production for any use or application of the logo.