End User License Agreement
(Effective June 9th, 2020)
Welcome! Below you will find Valisha Technologies Privacy Statement and End-User License Agreement; these are legal agreements between you and Valisha Technologies and its subsidiaries (“Valisha Technologies”) for the use of certain Valisha Technologies services, systems, and software.
The Privacy Statement describes, among other things:
• Information we collect:
Information you provide by completing your account registration; e.g., name, mobile number email, address, and zip code
Information about how you use the system and/or services; e.g., how and when you use the systems or services, frequency of use, etc.
Data that relates to the systems and/or services; e.g., indoor/outdoor temperatures, schedules, timing of events and alerts, settings, etc.
Other types of information, as set forth below in the Statement
• How we use the information:
To provide the service and operate the system
To improve our products and services
To offer you products and services we think you’ll be interested in; we do not share your contact information with third parties for marketing purposes without your express consent
In other ways as further described below in the Statement
The End User License Agreement includes:
• A license to software that governs the use of the software by you
• The terms of service
• Strict limits on our financial and other liability related to any losses you may incur arising out of your use of the system and services
VALISHA TECHNOLOGIES PRIVACY STATEMENT
This Privacy Statement covers the use of certain Valisha Technologies products and services delivered to you via this web page or app .Valisha Technologies software allowing web-based interface and underlying functionality and access to Valisha Technologies services, Valisha Technologies web and mobile device applications software, and any Valisha Technologies networks related to any of the foregoing (collectively, the “Valisha Technologies Services” or “Services”) and the licensure of software products identified above, which includes computer and application software and may include associated media, printed materials, and "online" or electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software ("Valisha Technologies Software"). For convenience, we refer to the combination of products, software, and services we provide to you as the “System.”
You understand that, by agreeing to these terms and conditions, you consent to the collection and use of Data, Personal Information, Sensitive Personal Data or Information and certain information as described in this Privacy Statement, including the transfer of this information to other Valisha Technologies group companies/or other countries for storage, processing and use by Valisha Technologies. Although the laws that protect personal information in those countries may differ from the laws where you live, we shall take reasonable steps to ensure that your privacy is protected. By agreeing to these terms and conditions and giving your information to us, you consent to the transfer of the data outside of your country of residence. This Privacy Statement is subject to change and we will notify you in the event of a material change by posting such change prominently on the System; your continued use of the System after such changes will indicate your consent to the revised Statement.
• “Data” means the representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts, magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer.
• “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
• “Sensitive Personal Data or Information” sensitive personal data or information of a person means such personal information which consist of information relating to:
(iii) Any other detail relating to the above.
Valisha Technologies collects information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term “Consumer Information” to refer to any personally identifiable or anonymous information relating to you or your use of the System. We use Consumer Information for a wide variety of purposes, as described below:
• Unless otherwise stated in this Privacy Statement, we do not share your Contact Information with anyone without your express consent. “Contact Information” means information that allows someone to identify or contact you or any user authorized by you to contact or interface with the System (e.g., your name, mobile number, address, telephone number and email address). We may use your Contact Information to market Valisha Technologies and third-party products and services to you via mail, email, text, and telephone.
• You can stop the delivery of future promotional emails from us by following the specific instructions in advertising emails you may receive. These choices do not apply to the receipt of mandatory service communications (email, SMS) that are considered part of the Services.
• “Service Information” means information necessary or useful to us in providing the System to you. Examples of Service Information includes, but is not limited to, your home profile (e.g., zip or postal code and home size), devices you use and how/when you use them (e.g., types, model numbers, software version numbers, OS types) which will enable us to provide you with information regarding upgrades, error fixes, and software updates, and the level of Service. This information is used by us for the operation of the System, to provide the Services, to maintain quality of the System and Services, and to provide general statistics regarding use of the System. We may also use Service Information for customer support, System restoration, and research and development activities for new products and services, and other similar purposes. Finally, we may provide certain Service Information to selected third parties, such as our business partners, for marketing purposes, and by agreeing to these terms and conditions you specifically consent for the same.
• “Usage Information” related to lifestyle systems is information including, but not limited to, the time of events in the home, scheduling, arm/disarm or other usage schedules, usage and alert logs, including your use of the functions and features available in the System, in the home or business, GPS/geolocation information, in the System. We receive this type of information from your System and we may collect this information and other similar Usage Information for other products we may offer now or in the future. Usage Information may also include your IP address, browser type, domain names, access times and referring website addresses and Wi-Fi service set identifier. This information is used by us for the operation of the System, to provide the Services, to maintain quality of the System and Services, and to provide general statistics regarding use of the System. We may also use Usage Information for customer support, System restoration, and research and development activities for new products and services, and other purposes similar to the foregoing. Finally, we may provide certain Usage Information to selected third parties, such as our business partners, for marketing purposes. By agreeing to these terms and conditions you consent for the same.
• Sometimes we may “anonymize” Consumer Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Consumer Information helps us develop reports and analyses about how our customers use our System and for other research such as behavioral inferences. We may share or sell anonymous Consumer Information and reports and analyses based on anonymous Consumer Information. We may disclose aggregated, anonymous Consumer Information, and analyses and reports derived from such information to third parties including utilities, our service providers, suppliers, advertisers, merchants, consumer and market research companies and other organizations. By agreeing to these terms and conditions you consent for the same.
• We use tools to collect information from users of the System, including cookies and web beacons; we may use these tools to remember personal information when you use the Services in order to understand and analyze trends, to administer the System, to learn about user behavior on the System, and to gather demographic information about our user base as a whole. We may use this information in our marketing and advertising both on and off the System. You can change the settings to stop accepting cookies or to prompt you before accepting cookies from a website you visit. If you decline cookies your service with the System may be slower and not optimal. We use 4 types of cookies at Valisha Technologies: (1) Strictly Necessary, (2) Performance, (3) Functionality & Profile and (4) Advertising.
• Strictly Necessary Cookies: These cookies are essential, as they enable you to move around our websites and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. An example of a strictly necessary cookie that some of our websites use includes so-called a “shopping basket cookie”, which is used to remember the products that you wish to purchase when you add products to your shopping basket or proceed to checkout.
• Performance Cookies: These cookies collect information about how you use our websites, for example which pages you go to most often and if you get any error messages from certain pages. These cookies do not gather information that identifies you. These cookies collect only anonymous information and such information is only used to improve how our websites work. These cookies are not used to target you with online advertising. Without these cookies we cannot learn how our websites are performing and make relevant improvements that could better your browsing experience. Examples of performance cookies that our website uses include Google and Adobe Analytics (see further below).
• Functionality & Profile Cookies: These cookies allow our websites to store information that you provide such as your site language preferences, and to store technical information useful for your interactions with our websites. For instance, they remember your user ID and elements of your user profile. They also ensure that the onsite marketing and experience is relevant to you. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites. Without these cookies, a website cannot remember choices you have previously made or personalise your browsing experience.
• Advertising Cookies: These cookies may be used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the times you see an advertisement as well as help to measure the effectiveness of the advertising campaign. Although these cookies may track your visits to other websites, they do not usually know who you are. Without these cookies, online advertisements you encounter will be less relevant to you and your interests.
• We also use third parties to help with certain aspects of our operations, which may require disclosure of your Consumer Information to them. For example, we may use a third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Services via your credit card, to generate demographic profiles based on Consumer Information of our customers, and to perform other work as part of or in relation to the System that we may need to outsource. By agreeing to these terms and conditions you consent for the same. We require these contractors and third parties to agree to protect the confidentiality of your Consumer Information and to use it only as necessary to perform the services they are asked to perform.
• We reserve the right to transfer Consumer Information in the event we sell or transfer all or a portion of our business or assets.
• We may disclose Consumer Information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual. We may provide links to third-party websites for your convenience and information. These websites may have their own privacy policies, which we suggest you review if you visit any linked websites. To the extent such websites are not owned or controlled by Valisha Technologies, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. Valisha Technologies currently does not take action in response to these signals. If and when a final standard is established and accepted, Valisha Technologies will reassess how to respond to these signals.
If the System is distributed by a dealer, contractor, utility company, retailer, or other third party and you share your Consumer Information with such party, we cannot control the collection, storage, and use of such information by such party. If the System is provided through your utility provider or third party System provider, we may share Consumer Information with your utility provider or third party System provider in accordance with your agreement with such utility provider or third party System provider. Their obligations with respect to such Consumer Information are governed by their agreement with you.
Valisha Technologies does not knowingly collect personally identifiable information from anyone younger than 18. If Valisha Technologies is made aware that it has received personally identifiable information from someone younger than 18, it will use reasonable efforts to remove that information from its records.
Valisha Technologies is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. For sites to which you login, it is your responsibility to ensure the security of your password and not to reveal this information to others. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine.
This Privacy Statement will be governed by and construed according to the laws of India, without regard to conflict of law principles. Any action against any party to this Privacy Statement will be commenced only in the Courts of Pune which courts will have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to jurisdiction over them by such courts.
The provisions of this Privacy Statement will apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent (but, in such case, to the maximum extent possible), where necessary to be valid. The invalidity or unenforceability of any provision of this Privacy Statement will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof. You consent to the exclusive use of the English language in this Privacy Statement, as well as all communications from Valisha Technologies.
You may withdraw your consent at any time by providing 90 days prior written notice to us. You further agree that in the event of such withdrawal of consent we will discontinue our services to you without any notice or liability.
If you have any questions about our privacy practices, please contact us at: