Terms and Conditions of Capture Service
INTRODUCTION
The present terms and conditions (“Terms and Conditions”) apply to your access and use of Capture Service, an application helping you to create, share, send and buy photo assets and to register integrity information of photo assets on the blockchain.
You must read and accept our Terms and Conditions and privacy policy to create an account, access and/or use Capture Service.
1. Acceptance
By indicating your acceptance of the Terms and Conditions and selecting the statement confirming that you agree with the Terms and Conditions when using Capture Service, (as hereunder defined), you are representing the following:
- You are over the age of 13, or any higher minimum age in the jurisdiction where you reside;
- You have the rights and authority to legally bind yourself to these Terms and Conditions, or your guardian reviewed and agreed the Terms and Conditions;
- You have read and understood these Terms and Conditions; - You have read and understood the privacy policy ;
- You consent to be legally bound by these Terms and Conditions, privacy policy.
If you do not agree with any of the Terms and Conditions and privacy policy hereafter outlined, do not create an account on, access or use Capture Service (as hereunder defined).
2. Definitions
The following words used in the present Terms and Conditions shall have the following meaning:
(1) “Provider”: Numbers, a software company incorporated under the laws of Taiwan, having its registered office at 7F.-1, No. 429, Guangfu S. Rd., Xinyi Dist., Taipei City 110, Taiwan;
(2) “User”: Any user of Capture Service;
(3) “Test Program”: The program offered by the Provider which consists of the testing and evaluating by the User of the Capture Service in order to assist the Provider in the completion of such application;
(4) “Capture Service”: The application, or software which is developed by the Provider to assist the User in creation of photos with birth certificates alone and the service to assist the User to send or buy photos;
(5) “Usage Data”: Information generated from the User’s use of the Test Program and the Capture Service;
(6) “Personal Data”: Personal information provided by the User to the Provider in the context of the program and particularly to set up an account and/or a user’s profile, such as but not limited to the name, login, email, address, telephone number, IP address and security related data;
(7) “Intellectual Property Rights”: All intellectual property rights including but not limited to copyright, the rights on databases , patents, trademarks and trade secrets;
(8) “Service”: access to and use of Capture Service to create, buy, send photos with birth certificates and ownership transfer.
3. General provisions
The present Terms and Conditions govern the participation to the Test Program and the use of the Capture Service by a User.
The User can only access and use the Test Program in accordance with the present Terms and Conditions and all applicable laws, rules and regulations.
The present Terms and Conditions constitute the entire and exclusive agreement between the User and the Provider with respect to the participation to the Test Program and the use of the Capture Service, and supersede all prior oral or written understandings, communications, or agreements not specifically incorporated herein.
The Provider is entitled to unilaterally revise the content of the present Terms and Conditions without any prior notice to the User. In such case, a notification will be sent to the User to inform the User and require the consent prior to any further use of the Capture Service. By continuing to participate to the Test Program or using the Capture Service after a revision of the present Terms and Conditions, the User agrees to be bound by the revised Terms and Conditions. The applicable and most current version of the Terms and Conditions as well as the anterior versions are available on the User’s profile at
https://docs.google.com/document/d/1ZtD-E4-zcnh8DxQCSgR1Efhb9UooJMr7fb7bz PENd24/edit?usp=sharing.
4. Account and Privacy
The User is responsible for all activities that take place on or through its account. The User shall only provide information that is accurate on its account and/or user profile(s). The Provider is not liable for any loss or damages caused by the User’s failure to maintain the confidentiality of the account credentials.
The Capture Service uses the following third-party services that may identify you and that declare their own terms and conditions:
● Google Play Services;
Our privacy policy covers aspects related to your Personal Data such as, but not limited to, how we collect and process your Personal Data and for which purpose, information on the data controller or recipients as well as your rights in relation to your Personal Data.
5. Continuity of the Test Program
The Provider is entitled to improve and revise the Test Program at any time, without prior notice to the User. The User agrees to download any update proposed by the Provider, even if this update is not relevant for the User.
The Provider may, at any time and without prior notice to the User, stop (permanently or temporarily) providing the Test Program (or any of its features of such Program) or limit the access to the Test Program.
The Provider is not held to provide maintenance or any kind of technical support to the User.
6. License of Use and Intellectual Property Rights
6.1. Intellectual Property Rights of the Provider
The User recognizes that the Provider and/or its suppliers own all right, title and interest in and to the Test Program and in any and all Intellectual Property Rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights therein.
The Provider grants the User a GPL-v3 license to use the source code of the Capture Service at the User’s office address, for testing and evaluating purposes in order to complete its development, and not for any commercial purpose.
Nothing in the present Terms and Conditions provides the User with:
- any other rights or licenses related to the Intellectual Property Rights in the Capture Service,
- any right to use the Provider’s trademarks, logo, business names or any other distinctive signs for any purpose.
6.2. Intellectual Property Rights of the User
The User remains the owner of the content created by herself or himself. The User grants the Provider a personal, non-exclusive, non-transferable, non-assignable, sublicensable, temporally restricted and revocable license to use the content generated and shared by the User for the specific purpose selected by the User, and not for any commercial purpose. Such license will be valid only during the time required for the specific purpose chosen by the User and/or for purpose of satisfying legal and safety requirements.
6.3 License of a purchased Capture
All purchased or received Capture photos are under the Creative Commons BY-NC-ND license. This license allows others to download the works and share them with others as long as they credit the original creators, but they can’t change them in any way or use them commercially.
7. Conditions of use of the Capture Service and the Usage Data
It is forbidden to use the Test Program in any way which infringes rights of thirds parties, to act contrary to the Provider’s interest or to use the Test Program in an unreasonable manner (for instance by submitting a high number of requests to the Test Program).
The User shall not:
- reverse engineer, disassemble, reassemble, change, alter, modify, decompile, create enhancements, extensions, adds-on to, or attempt to extract the source code of the Test Program;
- reproduce, copy, distribute, sell, lease, rent, publish or otherwise communicate the Test Program or any portion thereof;
- collect and use the Usage Data for the purposes of developing a software similar to the Test Program.
The User shall take all necessary actions to ensure that no virus is inserted into the Capture Service.
The Provider may use, collect, store, disclose, share, redistribute, publish and more generally make any kind of use of the Usage Data.
8. Feedback
The User shall provide prompt feedback to the Provider regarding the operation or use of the Test Program when requested.
This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys or email homework.
The User irrevocably allows the Provider to disclose, reproduce, communicate and more generally make any kind of use of the User’s feedback to improve the Test Program for the purposes of commercializing it, without that the User may claim any intellectual property rights on such improvements or further developments of the Test Program. The Provider will not disclose the User’s feedback in order to promote Capture Service without her or his prior consent.
The User shall promptly disclose and assign to the Provider any suggestions for change and/or improvement to the Test Program.
9. Disclaimer and limitation of liability
The User acknowledges that the Provider has done its best efforts to develop the Capture Service at its best quality. Nevertheless, the Capture Service is under development and has not been commercially released and is therefore provided on an "as is", "as available" and "with all faults" basis.
To the fullest extent permissible by law, the Provider cannot warrant that: - The Test Program is fully functional or uninterruptedly accessible; - The Test Program will not contain errors, design flaws or other problems;
- The Capture Service will be reliable during the time the User will be participating in the Test Program;
- The Capture Service has passed all of the required regulatory tests; - The Usage Data will be accurate, complete or useful;
- The possible defects of the Capture Service will be corrected; - A response time will be complied with;
- The Capture Service is free from any harmful components, including, without limitation, viruses;
- The Capture Service will not cause unexpected results, loss of data, electronic failures or other unpredictable damage.
The User acknowledges that the use of the Capture Service is at its sole risk, especially as to the quality and performance of the Capture Service and the application of its results.
The Provider is not responsible for the internet connection quality of the User and associated costs nor the appropriate use of the device on which the Test Program is used. For example, the Provider cannot take responsibility:
● for the Test Program which does not work with full functionality if the User does not have access to Wi-Fi, or if the User does not have any data allowance left.
● if the User is using the Test Program outside of an area with Wi-Fi and the terms of the agreement with the User’s mobile network provider will still apply and the User may be charged by the mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. The User accepts responsibility for any such charges, including roaming data charges if the User uses the app outside of the User’s home territory without turning off data roaming. If the User is not the bill payer, we assume that the User has received permission from the bill payer for using the Test Program.
● if the device runs out of battery and the User cannot turn it on to avail the Test Program
The Provider has the right:
- to abstain from releasing a commercial version of the Capture Service;
- to unilaterally abandon the development of the Capture Service at any time and without any obligation or liability to any User or any third party.
The Provider disclaims any liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise, including loss of profit), injury, claim, liability or other cause of any kind or character based upon or resulting from the use of the Capture Service. Given the free nature of the Service, the User expressly and unconditionally accepts the Provider's full disclaimer.
10. Termination
The present Terms and Conditions will continue to apply as long as the User is participating in the Test Program.
Either party may decide, at any time, to terminate the participation of the User in the Test Program upon written notice to the other party.
The Provider may also terminate the User’s participation in the Test Program and/or the User’s account/profile(s) at any time and without prior notice including, but not limited to, if the Provider reasonably believes that:
- the User has infringed the present Terms and Conditions including the confidentiality obligations and/or;
- the User creates a risk or possible legal exposure for the Provider. The infringement by the User of the present Terms and Conditions may result in the User’s removal from the Provider other programs.
The license to use the Capture Service granted under the present Terms and Conditions will automatically stop as soon as the Provider releases a generally commercially available version of the Capture Service.
11. Miscellaneous
The failure of the Provider to enforce any right or provision of the present Terms and Conditions will not be deemed a waiver of such right or provision.
In the event that any provision of the Terms and Conditions is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms and Conditions will remain in full force and effect.
For inquiries or questions regarding the present Terms and Conditions, please contact service@numbersprotocol.io.
12. Language
The Terms and Conditions may be translated into different languages for User’s reference only. If there is any inconsistency or ambiguity between the Chinese version and the other language version, the English version shall prevail.
13. Governing law and Jurisdiction
The present Terms and Conditions and any action related thereto will be governed by the laws of Taiwan, Republic of China without regard to or application of its conflict of law provisions.
All claims, legal proceedings or litigation arising in connection with the present Terms and Conditions will be submitted to the exclusive jurisdiction of the Taipei District Court as the court of first instance for any disputes arising out of the Terms and Conditions.
Privacy Policy
The Capture Service is built and provided by Numbers Co., Ltd.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Data if anyone decided to use our Service.
We respect your personal data and you (also referred to as the “User”) have full control and responsibility for all the data stored in your device. We will only collect the location data of the captured photos after confirming your consent. The uploaded data can be deleted per user request. You may withdraw your consent and, in that case, we will stop processing and erase the data impacted by your withdrawal. Note that we do not have access to the data stored on your device and you have to erase that data by yourself.
We may keep some of your Personal Data, like your email address, for operational or legal reasons but we never keep your health or location data. To clarify:
- we only keep the minimum data necessary for each purpose and we protect each piece of data by implementing technical, administrative and physical safeguards
- Other Personal Data, like your email address, may be accessed by other authorized persons for other purposes (e.g., operation team considers a feedback sent by you), but they will not have access to the photos and metadata attached to it..
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions unless otherwise defined in this Privacy Policy.
This Privacy Policy covers the following topics:
Information Collection and Use
1. Third-party services and your data
2. Data collected by Capture
3. For which purposes does Capture use your information?
4. How do we store your data?
5. Do we transfer your information, why and how?
Your rights on your Personal Data
European Privacy
Security
International data transfers
Links to Other Sites
Children’s Privacy
Changes to This Privacy Policy
Information Collection and Use
1. Third-party services and your data
The app uses third party services that may collect information used to identify you. We have no responsibility over their policy. Please ensure that you agree with their terms too:
● Google Play Services
2. Data collected by Capture
When you use our Service, we do not actively collect nor process your health or location data. That data stay on your device until you decide to share it.
Nonetheless, we must collect a limited amount of Personal Data to perform essential activities necessary for operational or legal reasons. In those cases, we collect only the minimum data require and we process this data with care.
We may process the Personal Data with our employees, agents or authorized contractors as detailed in this privacy policy.
● What information do you provide to us?
o Mandatory account information:
▪ Email, Consent to our Terms and Conditions and Privacy Policy o Optional information
▪ Information that you freely decide to send to us, such as a feedback
▪ Location information such as GPS signals
● What information do we receive from your use of the Service? o Mandatory information
▪ Usage information? (e.g., language, and operating system)
o Optional information:
▪ Information that you opt to send us, such as error reports
3. For which purposes does Capture use your information?
● Perform Service
Basic account information is required to maintain your account and manage contractual obligations arising from our Terms and Conditions.
● Communicate with you
When you contact us, we will need to use your email address, and other Personal Data that you freely share to us, to interact with you. If you consent to it, we may also send you updates about our organization or services.
● Improve our Service
We analyze Usage Data or your feedbacks to fix errors and bugs or improve our Service (e.g., adapt User Interface, add new option)
● Share your data with specified friends
Only if we receive your explicit consent and request, we will help you transfer the ownership of the photos to your specific friends, the information such as when and where the photos were taken would also be shared..
● Legal or safety purposes
We may keep Personal Data, such as basic account information and other Personal Data to:
i. comply with a legal obligations or in relation to legal claims or requests and be able to protect legal rights or defend against legal claims;
ii. detect or prevent (a) threats to the safety of individuals and the security of the Service, (b) abuse, (c) fraud, (d) illegal activities or (e) a violation of our Terms and Conditions.
In principle, we will not store your health and location data for those purposes, except if we have a legal obligation to do so.
4. How do we store your data?
In order to create immutable birth certificates of photos, the metadata, such as capture time and location alone with the photos are collected by us and are stored in the AWS cloud storage.
For other Personal Data, the storage duration varies on the purpose: ● Perform Service: Storage as long as your account is in existence ● Communicate with you: Storage as long as account in existence and up to 36 months after last message from you
● Improve our Service: Storage up to 13 months as from collection date ● Personalize our Service
● Legal or safety purposes: Storage depends on legal obligations and related statutes of limitation.
5. Do we transfer or sell your information, why and how?
● We do not sell your Personal Data.
● Use of optional features of the Service
Optional features of the Service may require to share or transfer Personal Data. The information required to use this feature will be explicitly mentioned and you may agree to share that data.
● Transfer based on your directions.
If you direct us to transfer your Personal Data to a third-party, we may transfer your Personal Data as specifically requested. Consider this carefully as your information will be governed by their terms and conditions and privacy policy.
● External Processing
Your Personal Data may be transferred to our services providers, affiliates or other partners that help us operate or improve the Service. The processing of Personal Data will be performed based on our instructions, in compliance with this Privacy Policy and with appropriate safeguard measures in the interests of providing quality services to you.
● For legal or safety reasons, we may disclose information about you (on a need-to-know basis or legal obligation) to counsels, advisors, authorities or courts to fulfill legal obligations, preserve our rights or defend us against legal claims.
Your rights on your Personal Data
If you wish to exercise your rights listed below, we invite you to contact us at service@numbersprotocol.io or through your profile on Capture and we should answer you within 30 days.
You have the right (i) to access to your Personal Data processed by us, (ii) to request rectification of inaccurate data or (iii) to erasure of data (right to be forgotten), (iv) to restrict the processing, to export your data (data portability), (v) not to be subject to automated individual decision-making, or (vi) to object to the processing. We will promptly address the request and will provide details on your specific request.
European Privacy
If the General Data Protection Regulation (“GDPR”) applies to you (i.e., we process your data on a territory where the GDPR is applied (European Economic Area, U.K., or Switzerland) or we process Personal Data to offer goods or services in such territories or monitor your behavior within those territories), the following sections apply:
1. Data controller and its representative in the European Union
You may contact our Data Protection Officer and our representative at service@numbersprotocol.io
a. Data controller
Numbers
Legal and Privacy Department
7F.-1, No. 429, Guangfu S. Rd., Xinyi Dist., Taipei City 110, Taiwan
2. Legal base to process your data
a. Perform Service: performance of contract and/or to enter into a contract
b. Communicate with you / Improve our services: legitimate interest to satisfy our users, provide quality services in the framework of Capture and improve these services.
c. Personalize our Service
d. Share the captured photos with friends: your explicit consent. e. Legal or safety purposes:
i. protect the vital interests of natural persons
ii. compliance with a legal obligation and legitimate interest to be able to defend our rights
3. Right to lodge a complaint to a data protection authority
You also have the right to lodge a complaint with the data protection authority based in your country.
Security
We value your trust in using our app to log your life activities, thus we are striving to use commercially acceptable means of protecting it, which combine technical, administrative and physical safeguards to maintain the security of your Personal Data. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. These external sites are not operated by us. Therefore, we advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
These Services do not address anyone under the age of 13. we do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at service@numbersprotocol.io so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you before any updates of the Privacy Policy for your review and decide whether you agree with the new Privacy Policy and wish to continue to use the Service. Previous versions of our Privacy Policy are available here.
This policy is effective as of 09 Nov 2020
Contact Us
If you have any questions or suggestions about our Privacy Policy, or wish to exercise one of your privacy rights, please contact us at service@numbersprotocol.io.