TERMS AND CONDITIONS – PRIVACY POLICY
Betreft: Terms & Conditions – Privacy policy ZBOS Control – Scanned avatar
Terms & Conditions
These terms and conditions outline the rules and regulations for the use of the ZBOS Control website and application, located at https://control.talemate.be and on the available app stores, including the entering of the GoVirtual metaverse using the personal scanned avatar, provided to the user by TALEMATE with registered office in Zandvoordestraat 444, 8400 Oostende, Belgium and company registration number No. 050.588.0437 (reffered to as Talemate in the remainder of this document).
By agreeing to this document and accessing ZBOS Control, using the Talemate services, the user fully accepts these terms and conditions without exceptions. The user will not continue to use ZBOS Control if the user does not agree to all the terms and conditions listed.
Applicable law
These terms are governed by and are construed in accordance with the laws of Belgium and the European Union. Any disputes arising under or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the Belgian Courts.
Changes to the terms
The terms and conditions may be subject to updates. Any update will be published on https://control.talemate.be. In case of a material change Talemate will notify all users with an online bulletin. At this point the user will be able to accept or decline the updated terms and conditions. In case of decline the user will not be able to make use of the Talemate services any longer. Changes will be effective upon the announcement unless otherwise specified. The user is responsible for viewing and becoming familiar with any changes. The use of the services following the changes constitutes the user’s acceptance of the updated terms.
Privacy
Talemate recognizes and respects that the users personal information is important. Talemate detailed privacy policy can be found here below, following these terms and conditions. By agreeing to these terms and conditions the user agrees with all stipulations in the privacy policy.
Registration Requirements
To use ZBOS Control on the website or app, including to enter and explore the GoVirtual metaverse, the registration of a ZBOS Cloud account is required. Every user must be at least 13 years old and lawfully permitted to enter into and form contracts under applicable law. In no case minors are allowed to submit content to the service without adult supervision. By agreeing to these terms and conditions the user confirms that the information provided upon registration, at the time of entering a trial or at the time of a purchase, and at all other times, is true, accurate, current and complete. The user agrees to ensure that this information is kept accurate and up to date at all times. This is especially important with respect to the provided email address, since this is the primary way of communication with Talemate.
User-generated content and licensing
For the purpose of these terms and conditions, “user-generated content” includes any projects, Compositions, Kiosk’s, Surveys, media, links to third party content, and other submissions that a user could add to ZBOS Control and the underlying platform.
Unless otherwise noted, Talemate or its licensors own the intellectual property rights for all material on ZBOS Control, the underlying platform and all subsidiaries. All existing intellectual property rights are reserved.
We encourage users to spread knowledge and creativity by sharing Compositions, Kiosks, Surveys and other content created with ZBOS Control. In light of the need of protection of intellectual property, any user-generated content remains the property of the user alone until the decision to share the content is admitted. Every user is responsible for the necessary rights, licenses, and/or permissions of content used to create user-generated content submitted to ZBOS Control and the underlying platform.
Talemate does not provide any warranties about the accuracy or reliability of any user-generated content that is available on our platform and shared by users. Talemate does not endorse any views, opinions, or advices expressed in user-generated content and Talemate cannot be held accountable for any user-generated content.
Monitoring and moderation
Talemate reserves the right to monitor all content and remove any content that can be considered illegal, inappropriate, offensive, or causes a breach of these terms and conditions in any way.
Account termination
Talemate reserves the right to terminate a user’s account on the services at all times if unauthorized, fraudulent or otherwise unlawful behavior, or any usage that contradicts these terms and conditions is detected. The user can close its account by contacting customer services via the means stated below.
Disclaimer and liability
Due to the nature of ZBOS Control and its continued development, Talemate cannot guarantee that the provided services will be secure or available at any particular time or location, that any defects or errors will be corrected upon request, or that Talemate services will be free of viruses or other harmful materials at all times. The user uses the Talemate services as they exist at the time of the users account creation and at own risk. Talemate cannot be held accountable for any changes in the (development of) Zbos Control. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not fully apply to you.
Talemate may discontinue part of, or all of Talemate’ services. Talemate reserves the right to change, suspend, or discontinue any of the services at any time, for any reason. Talemate is not be liable to a user for the effect that any changes to the services may have, including the ability to generate revenue by using Talemate services.
Indemnification
In case Talemate would get legally charged because of a user’s creation or actions, the user agrees to defend and indemnify Talemate. This implicates that the user will defend Talemate (including its partners and employees) and hold Talemate harmless from any legal claim or demand (including reasonable lawyer’s fees) that arise from the users actions, while using (or misusing) Talemate services, breaching these terms and conditions, or the users accounts infringement of someone else’s rights.
Talemate reserves the right to handle its legal defense however Talemate sees fit, even if the user is indemnifying Talemate, in which case the user agrees to cooperate with Talemate, so Talemate can fully execute its own legal strategy.
Privacy Policy
This privacy policy is applicable to the services provided by TALEMATE, with registered office in Zandvoordestraat 444, 8400 Oostende, Belgium and company registration number No. 050.588.0437 (referred to as Talemate in the remainder of this document), including the ZBOS Control application and website, the underlying platform including the use of the GoVirtual metaverse with personal scanned avatars (referred to as “Talemate service” in the remainder of this document).
This policy informs users about Talemate policies on the collection, use, and disclosure of Personal Information. The personal information Talemate collects is used for providing and improving the Talemate service. Talemate will not use or share your information with anyone except as described in this Privacy Policy.
Information Collection and Use
For a better experience, while using Talemate services, Talemate requires the user to provide personally identifiable information. The requested information will be retained by Talemate. The ZBOS Control app uses third party services that may collect information used to identify the user. The privacy policies of third party service providers used by the ZBOS Control app can be found on the Talemate website.
Log Data
Whenever the user uses the Talemate service, in a case of an error in the ZBOS Control app, Talemate collects data and information (through third party products) on the users phone. This Log Data includes information such as the users device Internet Protocol address, device name, operating system version, the configuration of the app when utilizing Talemate services, the time and date of the use of the service, and other statistics.
Cookies
Cookies are files, with a small amount of data, that are commonly used as anonymous unique identifiers. These are sent to the users browser from the websites the user visits and are stored on the users device’s internal memory. The Talemate service does not use “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. The user has the option to either accept or refuse these cookies, and to know when a cookie is being sent to the users device. If the users chooses to refuse these cookies, the user may not be able to use some portions of the service.
Service Providers
Talemate may employ third-party companies and individuals due to the following reasons:
- To facilitate the service;
- To provide the service on Talemate’ behalf;
- To perform service-related services;
- To assist Talemate in analyzing how the service is used.
These third parties have access to the users Personal Information, to perform the tasks assigned to the third parties. However, third parties are obligated not to disclose or use the information for any other purpose.
Security
Talemate strives to use commercially acceptable means of protecting the information collected. No method of transmission over the internet, or method of electronic storage however is 100% secure and reliable, and Talemate cannot guarantee or held accountable for its absolute security.
Links to Other Sites
The service contains links to other sites. If the user clicks on a third-party link, the user will be directed to the third parties website. These external sites are not operated by Talemate. Therefore, Talemate strongly advises the user to review the Privacy Policy of these websites. Talemate has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
Children’s Privacy
The services do not address anyone under the age of 13. Talemate does not knowingly collect personally identifiable information from children under the age of 13. In the case Talemate discovers that a child under the age of 13 has provided Talemate with personal information, Talemate will immediately delete this information from its servers. If the user is a parent or guardian and aware that a child has provided Talemate with personal information, please contact Talemate (contact details below) so that Talemate can take the necessary steps.
Data Protection Rights
Talemate wants to make sure that users are fully awere of all data protection rights.
Users are entitled to the following:
The right to access: the user has the right to request copies of its personal data. Talemate may charge you a small fee for this service.
The right to rectification: the user has the right to request corrections and completion of any inaccurate or incomplete information.
The right to erasure: the user has the right to request the erasion of any and all personal data.
The right to restrict processing: the user has the right to request the restriction of processing personal data.
The right to object to processing: the user has the right to object to any and all processing of personal data.
The right to data portability: the user has the right to request the transfer of any and all data to another organization, or directly to the user.
If the user makes a formal request, Talemate has one month to respond to this request.
If the user wishes to exercise any of these rights, please contact Talemate using the information stated below.
Changes to This Privacy Policy
Talemate may update its Privacy Policy. The user is advised to review this Privacy Policy periodically. Talemate will notify the user of any changes by publishing the new Privacy Policy on its website. The changes are effective immediately after they are published.
Contact Talemate
If the user has any questions, suggestions or requests rergarding this Privacy Policy, do not hesitate to contact Talemate via support@talemate.be, +32 59 20 03 11.