MERCUSYS is responsible for, and controls the processing of, your personal information (ie we are data controller). If you have any questions or concerns, don’t hesitate to contact us at firstname.lastname@example.org
(a) MERCUSYS hardware products (“Products”), (b) website(s) that may be accessed at https://www.mercusys.com(“Site”),(c) services, including technical support and services accessible through the Site(s) (“Web Apps”).
- INFORMATION WE COLLECT
We receive and store the information you knowingly provide to us. The provision of information by you is entirely voluntary. Personal Information(ie your name, email address, street address, mobile, home, and work phone numbers, payment information, and account information, such as user ID, password, Product and Service preferences, job title, contact preferences, firmware version, IP address, and MAC address) will be collected when you register or update your account, make a purchase online, or otherwise interact with the Products/Services (e.g., create your account ID in our websites, use the cloud platform, register for the partner program, apply for jobs, purchase a product and so on).
You may also provide other information that potentially could be used to identify you, such as the names and images that you associate with account users, your locations, devices, scenes, device configuration details, demographic information, third-party account credentials, schedules and audio/video recordings.
Third party services that you choose to integrate with may transmit Personal Information into your account with us. You authorize that such “Third Party Information” is covered under this Policy and we may use it just as we use your Personal Information. This information may include but is not limited to, for example, account credentials, names, avatars, profile information, configuration information, images, and linked users (e.g. friends).You may also voluntarily provide your personal information to us via third-party service providers that help us operate our Services.
- HOW WE USE THE COLLECTED INFORMATION
Without your consent, the processing will not take place. Where you have given consent to any data processing, you have the right to withdraw that consent at any time. Besides, The way we use personal information mus comply with our legal obligations and our policies; establish, exercise or defend a legal claim; protect against, identify and prevent fraud, criminal liability and other liabilities; and monitor and report compliance issues.
The data will be used as follows:
- identify you at the procedure of sign-in;
- provide you with the Services and information which you request;
- administer your MERCUSYS Account;
- communicate with you by email, phone or by post;
- WHO WE SHARE THE COLLECTED INFORMATION
- We may share the information we collect about you with our corporate family, including our affiliates and subsidiaries.
- Some third-party services that you choose to integrate with the Services may receive personal information from your account. You authorize us to transmit your personal information to third parties when you choose to integrate their services with our Services. Information collected by such third-party services is subject to their own terms and policies.
- In a anonymized way, your personal and non-personal information may be provided to our partners for their promotional and/or marketing practices.
- In a anonymized way, We may also aggregate the anonymized information and provide it to our partners so they may use it to determine and understand how people interact with and use our Services.
- Third parties may have access to your personal information when we may engage third-party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, advertising serving technologies, e-mail service providers, delivery services, database management, web analytics and other services). This access is provided in order to let these tasks perform on our behalf and they are not authorized by us to disclose or use your personal information, except to the extent required by law.
- YOUR RIGHTS
You have the right to request: access to your data, data portability, erasure of your data, the rectification of any errors, to place restrictions on processing and you can also object to the processing of your data. You can request account information and data deletion at https://account-delete.mercusyscloud.com/. Where you have given consent to any data processing, you have the right to withdraw that consent at any time. We will not do anything with your data not outlined in this notice.
Using the Products/Services, you can access and edit or remove the personal information you have provided to us. The information you can access through the Products/Services may change as the Products/Services themselves change. When you change information or delete your account we may maintain a copy of the original information in our records for no longer than necessary to fulfil the purposes outlined in this Policy and as permitted under applicable law. Additionally, we may use any anonymized or aggregated data that is derived from your personal information after you update or delete it; however we will not do so in a way that identifies you personally.
This Policy may change at any time as we improve and change our Products/Services. We may notify you by placing a prominent notice on this website. You should check this website frequently for updates. Prior versions of this Policy will be kept in an archive for your review and are accessible. If you do not agree with the terms of the updated Policy, you must stop using the Products/Services.
- Changes of Control
MERCUSYS may elect to buy or sell assets. When buying or selling assets, customer information may be one of the assets that is transferred. Personal and non-personal information may also be transferred or acquired by a third-party in the event that MERCUSYS is acquired, enters bankruptcy, or goes through some other change of control.
- Legal and Law Enforcement
Please be advised that we may disclose information that you have provided us if we have a good faith belief that such disclosure is necessary to (a) comply with the law or legal process served on us; or (b) protect and defend the rights and property of MERCUSYS or others. In any event, we will disclose information only in accordance with applicable regulations.
Your account’s privacy and security is protected by your password. In order to prevent unauthorized access to your account and personal information, you should select a strong password and protect it by limiting access to your computer, device, browser or application and by signing off after you have finished accessing your account. If you use a third-party service to sign into your account, you should protect that account accordingly as well. While we strive to always protect the privacy of your account and personal information in our records, we cannot always guarantee it will be completely secure. The security of your personal information may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.
Implemented measures, including encryption and SSL technology, are designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. While we strive to protect the privacy of your account and personal information in our records, we cannot always guarantee it will be completely secure. The security of your personal information may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.
- Retention Periods
Our data will be held in accordance with the Company’s retention policy, which is available on request. In general, your data will be stored for the duration of your contractual relationship with us.
- CHILDREN’S PRIVACY
The Products/Services are directed to a general audience and are not intended for children under the age of 13. We do not knowingly collect personal information via our website or online services from users in this age group. We do not guarantee that our websites are suitable for children. If you believe your child has provided personal information to us, please contact us via the email listed in Section 12 below.
- CONTACT US
If you have any questions that this policy could not answer, or if you require further information on a particular point, just reach us at email@example.com
MERCUSYS Technologies Co., Ltd. Provide all the Services defined here. This document may refer to the service provider as “MERCUSYS Technologies Co., Ltd.”, "MERCUSYS”, "we”, "us", or "our”. These are the rules and restrictions that govern your use of our website(s), products, services, mobile applications, and other software (collectively, the "Services").
The term “Services” means the Sites, Web Apps which may be used in conjunction with Products and in other ways provided by MERCUSYS, as defined at points 1-3 below. Some Products and Services of MERCUSYS can be used together or in ways that integrate with products and services from third parties.
(1) MERCUSYS hardware products (“Products”);
(2) Websites that may be accessed at https://www.MERCUSYS.com
(3) Services, including technical support and services accessible through the Sites (“Web Apps”);
Acceptance of Terms
Modifications to Terms
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website (https://www.mercusys.com/). You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on this website.
We will assume (and by using the Services you warrant that) you are a general audience for adults and have legal capacity as to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use and comply all laws that apply to you. We may prevent or suspend your access to the Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
Sign up for an account may be a necessary procedure to use the Services. To sign up for an account, you represent and warrant that all required registration information you submit is truthful and accurate. You should maintain the accuracy of such information if you continue to use the Services. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services and keeping your password and other account details confidential.
You acknowledge that all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other proprietary rights, in the Products, Product Software, and Services (i.e., the Sites, Web Apps) are owned by MERCUSYS or its affiliates, licensors, or suppliers (collectively, the “IP Rights”).
Certain items of independent, third party code may be included in the Web Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
Content on the Services
“Content” is all of the information collected during your use of the Services. It includes information provided by you, by other users, by hardware devices connected to the Services, and by third-party devices and services connected to the Services. It also includes any information we provide into the Services, as well as information derived from or aggregated from information provided to the Services.
You are take all the responsibility for all content, including, without limitation, reviews, responses, profile entries, posts, questions, videos, images, and audios that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, our Services. You represent and warrant that you have all rights necessary to do so. For some of our Services’ features, other users may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, identify or feature popular users, protect you, improve our Products and Services, and/or develop new Products and Services. By posting or uploading any content to the Services (including, without limitation, posts, responses, videos, images, and audios) and/or providing any communication or material to MERCUSYS (collectively, “User Content”), you automatically and irrevocably:
MERCUSYS will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on the Services, in which event those Additional Terms will determine how we will treat your Invited Submissions. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
Restrictions on Use
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
You accept that MERCUSYS is not responsible for the risks you take associated with links or connections to third-party applications or services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party applications or services that you may be exposed to when you interact with the Services.
The Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of MERCUSYS, and you acknowledge that (whether or not such sites are affiliated in any way with MERCUSYS) the MERCUSYS Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
Termination of Services
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. At any time, MERCUSYS may suspend or terminate your rights to access or use the Services if MERCUSYS in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms, or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates. The new owner will have no right to use the Product or Services under your account and will need to register for a separate account with MERCUSYS unless the new owner already has an account with MERCUSYS that can be connected to that Product or Service.
We make all efforts to describe every product or service offered on the Services as accurately as possible. However, we can not warrant that all the information of product such as specifications, pricing on the Services is accurate. In the event of any errors relating to the pricing or specifications, MERCUSYS shall have the right to refuse or cancel any orders in its sole discretion. Additional Terms may apply.
MERCUSYS reserve the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. MERCUSYS may seek to gather information from the any user, especially people who is suspected of violating these Terms. MERCUSYS has the right to suspend any users whose conduct or postings are under investigation and may remove such material from its servers without notice if it is not appropriate. If MERCUSYS believes in its sole discretion or cooperate with any law enforcement authorities or court order, that a violation of these Terms has occurred, we may do the following things such as edit, modify or remove any submission, content, posting or emails; warn or disclose users, suspend users and passwords, terminate accounts, or take other corrective action.
BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE MERCUSYS GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE MERCUSYS GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE MERCUSYS GROUP OR LAW ENFORCEMENT AUTHORITIES.
MERCUSYS does not make any representations or warranties concerning any products(hardware or software), services, or content contained in or accessing through the Services; We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Only Products and Services purchased or offered through the Services with a separate expressly and unambiguously written warranty.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS PROVIDED BY THE WARRANTIES THAT MAY ACCOMPANY CERTAIN MERCUSYS PRODUCTS, THE SERVICES AND ALL THE MATERIALS, INFORMATION, WEBSITES, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT RELATED TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MERCUSYS GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE MERCUSYS GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MERCUSYS GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ABILITY TO MEET YOUR REQUIREMENTS OR OTHERWISE. THE MERCUSYS GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE MERCUSYS GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MERCUSYS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MERCUSYS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
We shall have no liability to you for breaking these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, breakdown of systems or network access; or flood, fire, explosion or accident;strikes, lock-outs or other industrial disputes.
Risk and Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS ALL AT YOUR OWN RISK, AND THAT YOU ARE RESPONSIBLE FOR ALL DMAGES, LOSSES, AND EXPENSES ARISING OUT OF SUCH USE. MERCUSYS IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE, OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
MERCUSYS is or may be the seller of various goods and services available on the Services. All items purchased from the Services are a shipment contract.
You agree to indemnify and hold MERCUSYS, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Maintenance & Updates
You acknowledge and agree that Services and Product Software are not intended to be available 7*24 hours or 100% reliable. The Services/Product Software may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. MERCUSYS does not offer any specific uptime guarantee for the Services/Product’ Software.
The Services may update without notice, as we improve them. At any time, we may temporarily or permanently modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.
MERCUSYS may in its sole discretion develop and provide updates to its Services and/or Product Software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
Updates to the Product Software may be automatically installed without providing any additional notices or receiving any additional consent. You consent to such automatic updates. If you do not want such automatic Updates, your remedy is to terminate your account and to stop using the Product Software and applicable Products. If you do not terminate a previously created account, you will receive Updates automatically.
We reserve the right at any time without liability to you to suspend, modify or discontinue, temporarily or permanently, the services or any feature or part thereof with or without notice.
Without MERCUSYS’s prior written consent, nobody cannot assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise). By the way, we may assign, delegate, or transfer these Terms and our rights and obligations without consent. No one other than a party to these Terms has any right to enforce any of these Terms.
We will try to deal with any disputes quickly and efficiently. If we cannot resolve a dispute using our complaint handling procedure, we will give you certain information about our alternative dispute resolution provider. If you want to take court proceedings, the relevant courts will have exclusive jurisdiction in relation to these Terms.
How to Contact Us
Please forward any comments, complaints about the Services or questions you may have to firstname.lastname@example.org
Effective Date: May 20, 2022.