SightCall Terms of Use
CAREFULLY READ THE FOLLOWING AGREEMENT, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE USE OF SIGHTCALL SERVICES AND ASSOCIATED APPLICATIONS. BY CLICKING ON THE “AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DISAGREE” BUTTON OR LEAVE THE APPLICATION.
OVERVIEW
SIGHTCALL SERVICE (hereafter, the “Service”) are operated by SightCall for its customers, including its customer Hobart Service, a division of ITW Food Service Group, LLC (hereafter, the “Customer”). Through a web or mobile application, Customer (also designated herein as the “Data Controller”) proposes you, the “User”, to perform a Video Session with another user. SightCall gives you access to the Service upon your acceptance of the terms of use stated here.
By clicking on the “I agree” button associated these terms of use and using the Service, you agree to be bound by the following terms of use (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Service.
These Terms are entered into between SightCall, Inc. (“SightCall”, “we”, “us”, or “our”), a Delaware company doing business under the name SightCall, and the person or entity using the Service (“you”, or “your”). SightCall operates the Service on behalf of SightCall Customers. Customer is the entity that has provided you access to the Service.
If you are an individual and are entering into these Terms on behalf of an entity, you represent and warrant that you have the full right and authority to bind such entity to all of these Terms. If you are an individual and are entering into these Terms on your own behalf, you represent and warrant that you are at least eighteen (18) years of age and otherwise able to enter into a valid and binding legal agreement.
USING THE SIGHTCALL SERVICE REQUIRES THAT YOU HAVE READ AND ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SIGHTCALL SERVICE.
The SightCall Service is protected by copyright laws, as well as any other intellectual property laws. The tools used to provide the service (mobile or web applications) are licensed and not sold.
LICENSE GRANT
SightCall hereby grants to you a non-exclusive, non-transferrable license for the use and installation of the Service, subject to all of the Terms set forth herein. Furthermore, this document shall also govern any and all software upgrades provided by SightCall that would replace, over write and/or supplement the original installed version of the Service, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
COPYRIGHT
The aforementioned Service is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the Service content.
RESTRICTIONS ON USE
You may not:
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Make use of the Service for more than one user, without prior purchase of additional licenses;
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Share, distribute, lend, lease, sublicense or otherwise make available the Service in any manner whatsoever, to any third party;
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Modify, adapt, create derivative works from or translate and part of the Service;
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Reverse engineer, decompile or disassemble the Service, nor attempt to locate or obtain any source code relating to the Service;
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Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the Service;
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Make use of any Service in any manner not stipulated within these Terms; or
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Make use the Service in any manner which violates any applicable law or regulation.
UPDATES AND SUPPORT
SightCall reserves the right to update the Service at any time without notice in accordance with these Terms. Should you elect to install or make use of these updates, you are therefore agreeing to be subject to all applicable terms, and conditions and/or any other agreement pertaining thereto.
ASSIGNMENT
The rights conferred by these Terms shall not be assignable by the User without SightCall’s and Customer’s prior written consent. SightCall and Customer may impose a reasonable license fee on any such assignment.
DISCLAIMER OF WARRANTY
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON- INFRINGEMENT WITH REGARDS TO THE SERVICE OR THE CONTENT ON THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF SERVICE AND THE CONTENT ON THE SERVICE, IF ANY, RESTS WITH YOU.
LIMITATION OF LIABILITY AND REMEDIES
Neither SightCall or Customer shall be liable for, and SightCall and Customer each hereby disclaims, all liabilities for any damages and costs that you may incur for any reason arising from or relating to your use of the Service or the content on the Service, which may include, but are not limited to, any and all direct, incidental, consequential, special or punitive damages, or any other damages or costs however characterized. The express remedies set forth in these Terms shall constitute your exclusive remedy with regard to your use of the Service and the content on the Service. The aforementioned limitations, exclusions and disclaimers shall apply to the maximum extent allowable by law.
INDEMNIFICATION
You will indemnify and hold harmless SightCall and Customer from any claim made by any third party due to or arising directly or indirectly out of your conduct or its connection with your use of this Service, violation of the Terms herein, and any violation of any applicable law or regulation. SightCall and Customer each reserves the right, at its own expense, to assume the exclusive defense and control of any manner subject to indemnification by you, but doing so will not excuse your indemnity obligations.
CONFIDENTIALITY
You will treat the Service as a trade secret and proprietary know-how belonging to SightCall that is being made available to you in confidence. You agree to treat the Service with at least the same care as it treats its own confidential or proprietary information, but in no event less than a reasonable standard of care.
OPEN SOURCE SOFTWARE
“Open Source Software” means software components embedded in the Service and provided under separate license terms, which can be found in the Open Source Disclosure File (or similar file) provided with the Service.
Notwithstanding anything herein to the contrary, Open Source Software is licensed to you under such Open Source
MISCELLANEOUS
These Terms, in their entirety, shall be legally binding upon and inure to the benefit of SightCall and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of these Terms. Any waiver, supplementation, modification or amendment to any provision of these Terms, shall only be effective when done so in writing and signed by SightCall and you. These Terms shall be governed solely by the laws of the State of California and of the United States. Should any action arise out of or in relation to these Terms, such action may be brought exclusively in the appropriate federal or state courts of San Francisco County, California, and the parties agree not to bring an action in any other venue.
ATTORNEY FEES
If any legal action is necessary to enforce these Terms, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
End-User SightCall Privacy Policy
Complete SightCall Privacy Policy is available here, which is incorporated herein by reference.
This Privacy Policy describes how your personal information as a Guest is collected, used, and shared when you use the Service.
Customer remains the owner of the data relative to its usage of the Service and shall be considered as Data Controller regarding your personal data collected during a video session.
PERSONAL INFORMATION WE COLLECT
When you use the Service, we automatically collect certain information about your device or your connection. We refer to this automatically-collected information as “Connection Information.”
The Service collects data accessible from the system. The information that we can collect are:
Actions performed during the call (function and buttons used)
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Call duration,
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Call end date,
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Call start date,
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Case duration,
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Case
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Case recording,
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Stream from your camera and microphone (including anything visible and/or audible thereto)
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Case
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IP Address (extrapolating to City, country code and country name using GeoIP),
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Hardware microphone used,
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Hardware speaker used,
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Hardware camera used,
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Hardware cpu,
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Type of
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Network type, Software OS,
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OCR-text OCR-picture
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Latitude (if specific consent has been
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Longitude (if specific consent has been
Additionally, when a SightCall user sends messages using the Service, SightCall collects “Notification Information.” Notification Information includes:
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Phone number
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E-Mail address
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Name (if present in the notification message)
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Gender(if present in the notification message)
HOW DO WE USE YOUR END-USER PERSONAL INFORMATION?
Collected information is made available to Customer (as the Data Controller). Data is accessible to Customer, and only to SightCall and Customer.
In order to be able to operate the Service, we use the Connections Information that we collect to establish the video session and allow only supported operation by your device. Additionally, we use this Connection Information to establish statistic on the use of the Service and perform troubleshooting.
We use the device information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our application and the Service (for example, by generating analytics about how our customers use and interact with the application). We use them also to comply with our legal obligations.
SHARING YOUR PERSONAL INFORMATION
Except with the Customer (as the “Data Controller”) that uses the Service, we do not share your information with third parties for any means other than sending you the SMS/email (notification information) or perform specific operation like OCR (pictures) that are sub-processed with sub-processor we are on contract with.
Notwithstanding anything herein to the contrary, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
You have the right to access your personal information that we store and maintain about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact the Customer. As data controller, the Customer is managing your personal data and is the only one to be contacted for exercising your rights relating to your personal information. Customer’s contact information for purpose of exercising these rights are as follows: support.crm@itwfeg.com
DATA RETENTION
When you perform a video session using the Service, we will maintain the data for an unrestricted period of time unless and until you ask the Data Controller to redact such information.
THIRD PARTY BENEFICIARY
The Customer shall be entitled to rely upon, shall be an express third-party beneficiary of, and shall be entitled to enforce, the provisions of these Terms. For the avoidance of doubt, these Terms shall not be terminated, cancelled, amended, modified or changed, or any provision, default, breach or performance waived, or any assignment or novation made in a manner, without written consent of the Customer. The parties hereto agree that the Customer shall be an express third-party beneficiary of these Terms as provided herein.
CHANGES
We may from time to time update the SightCall privacy policy referenced herein in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
