Last Revised: July 18, 2017.
Gecko Alliance Inc. (referred to as “we” or “us” in these terms) provides our website(s), products, services (including products which connect to the internet, such as the in.touch module and in.touch 2 module), mobile applications (including in.touch 2) , and other firmware and software (collectively, the “Services”). These Terms govern your use of our Services.
If you do not agree to these Terms, do not use the Services, delete the in.touch 2 app, and any other software included in the Services, from your device(s), and disable internet access for the in.touch and in.touch 2 module.
Questions and Concerns
If you have any questions, complaints or claims with respect to the Services, please contact us at http://geckoportal.com/contactus.
Eligibility for Access
These Terms apply to all users of the Services. You may not use the Services if you have not reached the age of majority in your jurisdiction of residence and, in any case, if you are not over the age of 13, as the Services are not intended for children under 13.
Changes to the Services and Termination of Access
We reserve the right to change any aspect of the Services including adding or removing functionality, and the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you and in our sole discretion. We may terminate, restrict, or suspend your use of the Services at any time, without notice or reason.
License Rights and Limitations
The Services are for your personal and non-commercial use. You may use the in.touch 2 mobile application and view web pages that form part of the Services for personal use, but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue information or material on the Services, except as expressly permitted by us or these Terms.
You may not use the Services to engage in any unlawful activity or to infringe our rights or those of our affiliates or others. You further agree that you will not: (i) interfere with the operation of the Services in any way, (ii) interfere with anyone’s use or enjoyment of the Services, (iii) harass anyone on the Services or through the Services, (iv) impersonate any person or entity on the Services or through the Services, (v) provide false or misleading information using or through the Services, (vi) publish or submit any content or views that may be considered libelous, defamatory, threatening, abusive, vulgar, obscene or otherwise objectionable, or (vii) attempt to reverse engineer, decompile, or disassemble any part of the Services or obtain access to the source code of the in.touch 2 mobile application.
You agree to keep any account login information for use of the Services confidential and to take full responsibility for use of such passwords and use of your account (whether or not the use is authorized by you). You may not permit anyone to use your account login information or the Services. You must contact us right away if you are aware of or suspect misuse of your password or account or any security breach of the Services.
Content Provided by You
You own the content and information that you: (i) provide to us through the Services, including or (ii) authorize us to collect on your behalf from one or more third parties, including technical information regarding your use of the Services (collectively, “User Content”). You hereby grant us a worldwide, irrevocable, fully paid-up, royalty-free license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display, and create derivative works from, the User Content and to sublicense (through multiple layers) all of the foregoing. You also hereby waive, and agree to cause all authors to waive, in favour of us and all of our licensees all moral rights (or other similar rights of authorship) in the User Content. This license and waiver continues in respect of pre-existing User Content even if you stop using our Services.
You agree that we will exclusively own, and may freely use, all feedback, suggestions, or ideas that you provide to us without any accounting to you.
Our Proprietary Rights
We and our licensors retain exclusive ownership of, and title to, all copyrights, trademarks, patent rights, trade secrets and all other intellectual property and other proprietary rights in the Services, including all of its functionality, its look and feel, and content (including software, text, design, graphics, images, data, advertisements, audio, video and the selection and arrangements thereof), except the User Content. The aforementioned material and information are protected by law against unauthorized copying and reproduction and, except as expressly provided in these Terms, no licence to any such material or information is granted to you.
“Gecko”, “Gecko Alliance”, “in.touch 2”, “in.touch IC” and related marks and designs are registered or unregistered trademarks of Groupe Gecko Alliance Inc. or our affiliates or associates. Other service and product marks that appear on the Services are the trademarks of their respective owners. The display of any trademarks on the Services does not imply that a license has been granted for any further use.
Third Party Content
The Services may contain links to other sites. Such other sites were independently developed by third parties. These links are for your convenience only and we do not assume responsibility for the accuracy or appropriateness of the information contained at such sites or endorse the viewpoints expressed at such sites.
Any mention of another party or its product or service on the Services is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services.
Electronic Communications, Messages, and Solicitation
You consent to receiving electronic communications from us and our partners regarding or related to the Services, including notice about your use of the Services, changes to the Services, and promotional information and materials regarding us or our partners’ products and services. These electronic communications are part of your relationship with us and you receive them as part of your use of the Services. You agree that any notices or other communications we send to you electronically to an email address that you provide to us will satisfy any legal communication requirements, including where communications must be in writing.
The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between you and us cannot be ensured. We are not responsible for any damages you may suffer if you communicate confidential information over the Internet or if WE communicate such information to you at your request.
Software Updates and Modifications
If you download the in.touch 2 App, you agree and acknowledge that the app may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the app.
WE disclaim all warranties, representations and conditions regarding use of the Services or the Information provided, including all implied warranties or conditions of merchantability, MERCHANTABLE QUALITY, fitness for a particular purpose, TITLE or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. Access to the Services is provided on an "as is" basis. You should not assume that your use of the Services will be error free or that the Services will operate without interruption.
We are not responsible for any DIRECT, indirect, special, incidental, consequential or PUNITIVE damages or any business interruption, loss of use, lost data, lost profits or other pecuniary loss whatsoever and howsoever caused, arising out of or in connection with these Terms, the use Or Misuse of the Services, or in reliance on the Information available on the Services, whether in an action of contract, Civil liability, negligence or other tortious action, even if we have been informed of the possibility OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
our liability will be limited to direct damages and in no event will OUR aggregate liability arising out of or in connection with these Terms, the use Or Misuse of the Services, or in reliance on the Information available on the Services exceed One-Hundred US Dollars ($100).
THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
You hereby agree to indemnify, defend and hold harmless us and our partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents from any and all third party claims, liability, damages or costs they incur arising out of or as a result of your misuse of the Services, your violation of these Terms, or your infringement of any our intellectual property or other rights, or those of any other person or entity.
You agree to resolve any claim, cause of action or dispute (claim) you have with us (whether relying on your use of the Services, these Terms or otherwise) exclusively in a court located in Toronto, Ontario. The laws of Ontario (and any applicable laws of Canada) govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Toronto, Ontario for all such claims.
We reserve the right to make changes to these Terms in our sole discretion at any time. The changes are effective on the earlier of: (i) us providing you with notice of the changes (including by email, by posting notice on the Services, or by other reasonable means), or (ii) 14 days after the revised Terms are posted on the Services. However, changes made to comply with the law will be effective immediately. You agree to regularly review these Terms to be aware of any changes. If you do not agree to the changed Terms, do not use the Services and delete all related applications from your mobile device, and disable internet access for the in.touch and in.touch 2 module.
If you are entering into these Terms on behalf of a company or other legal entity (including your employer), you represent that you have the authority to bind the entity, and in such case the terms “you”, “your”, and “yours” will include the entity.
You will do, execute or deliver all such further acts, documents and things as we may reasonably require from time to time for the purpose of giving effect to these Terms (including to protect, confirm, and enforce the license provided to us above).
If any provision of these Terms are found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The language in these Terms will not be interpreted strictly for or against any party. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms, in whole or in part. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void.
You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Last Revised: July 18, 2017
What Personal Information do we collect?
Information You Provide To Us
We receive and store any Personal Information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, shipping address, billing address, and phone number.
We also collect information on the types of devices that you use with in.touch 2, including control systems, keypads, pumps and accessories for your spa or hot tub. Other information we collect may include:
· information regarding your in.touch 2 app settings, such as the times when you adjust the temperature on your hot tub or spa; and
· location information, if you enable this feature on the mobile device on which you have installed in.touch 2. ·If you tell us where you are (e.g. by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS (global positioning system) on your mobile device.
The information above is sent to us from the in.touch 2 module through the internet.
We may add to our records from Personal Information we collect from other sources, including from our network of dealers and distributors and from technicians.
We may also collect non-personal, technical information regarding the performance of the in.touch 2 application and products used with the in.touch 2 application, such as control systems, keypads, pumps and accessories for your spa or hot tub.
Information Collected Automatically
Whenever you interact with our Services (whether via a mobile application, our IoT plug-in, third party service, the in.touch2 app, browser, or other application connecting a physical device to our services, connecting a third party service to our services, or otherwise), we may automatically receive and record information on logs and databases from your browser, application, services or device(s). In particular, our Services are designed to allow you to connect various physical devices to the Services. While connected to the Services, these devices automatically report information to us (including information that you may have provided when setting up or configuring that device), which may include Personal Information. For example, if you connect a temperature sensor to the Services, the temperature information from that sensor of your spa will be transmitted to the Services, along with any identifying information that you have chosen to associate with that sensor spa (e.g., the device name, group name, and location name that you have assigned to the sensor within the Services). The type of information that is collected from each device will vary depending on the device type.
We may deliver a file to you through the Services (known as a "web beacon") from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
How do we use your Personal Information?
The main ways in which we use your Personal Information are to, among other things:
· improve your spa or hot tub experience, including to suggest products that we think will improve your experience;
· understand your preferences, which we use to improve our products, including making them more user-friendly and efficient;
· provide customer support when you contact us with an inquiry; and
· compile usage and similar statistics relating to the use of in.touch 2 and our other products and services.
If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you updates about our services, informational updates, surveys or promotional offers (either on our own behalf, or on behalf of other businesses), or communicate with you about your use of the Services. If you have consented to us doing so, we may send these items electronically and that you will be able to unsubscribe or opt out of receiving our commercial electronic messages. Please note that you may not be able to opt out of certain transactional-types of electronic messages from us (e.g. account statements, notices, etc.).
Sometimes we share your Personal Information
We do not sell your Personal Information to third parties.
If you contact us, a spa manufacturer, dealer, distributor or technician for assistance with a product or the in.touch 2 app, we may provide them with access to your Personal Information as needed to resolve your concern.
We may anonymize and/or aggregate your Personal Information so that you cannot be individually identified, and provide that information to our partners or use that information for marketing or promotional items (“aggregate information”). We may also provide aggregate information to our third-party partners, who may use such information to understand how often and in what ways people use our Services. However, except as described below, we do not disclose aggregate information to a partner in a manner that would identify you personally, as an individual.
Sharing your own information
in.touch 2 allows you to grant access to other users of the Services, allowing them to change settings and add other additional users. Please be considerate in doing so. Certain user profile information may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others.
The security of your Personal Information is important to us
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
If we reasonably believe a breach of security has affected your Personal Information that is under our control, and such breach creates a real risk of significant harm, we will investigate the situation and, where appropriate, notify you. We will take all other steps which we believe are appropriate or legally required.
How long do we keep your Personal Information?
We retain your Personal Information only as long as we require it to provide the Services to you and to maintain an appropriate historical record of our relationship with you. If there are legal or business requirements relating to the period of time which we must retain your personal information, we comply with those requirements.
What if you want to limit the use of your Personal Information?
You may request access and changes to your Personal Information
Through your account and Service settings, you may be able to access, and, in some cases, edit or delete the following information you’ve provided to us, which may include:
· name and password/PIN number
· shipping address
· billing address
· email address
· location, group and device information
· user profile information
The information you can view, update, and delete may change as the Services change.
Unistall the Mobile Applications.
You can stop all collection of information by our mobile application(s) by uninstalling the mobile application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
What about children?
Changes to our business
Our organization may change, such as a through a merger, a sale of our assets to a different organization, a reorganization of our business or if we go out of business, enter bankruptcy, or go through some other change of control. Customer Personal Information is typically sold or transferred as part of these types of transactions.