Types of Information Collected
We collect certain “Personal Information” about you which you provide to us including, but is not limited to, information that is personally identifiable such as your name, e-mail address, address, phone number and other associated non-public information. We also collect data that is associated with the foregoing, as well as “Anonymous Information,” which is information that is not associated with or linked to your Personal Information and does not, based on our understanding, permit the identification of individual persons.
Location of Your Information
Your Personal Information may be processed and stored outside the United States of America where laws regarding processing of Personal Information may be less stringent than the laws in your country or state. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.
Collection of Personal Information
We collect Personal Information you voluntarily submit to us through the Website. It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), company name, email address and telephone number. When you access certain services, we may also ask you to provide authentication codes or account login and password related information. If you do not provide certain mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
Collection of Anonymous Information
We may engage in remarketing to market our sites across the web. When a user visits our site, a cookie is dropped on the user. Users with this cookie may be targeted across advertising networks to receive relevant advertisements.
Use and Disclosure of Personal Information
In general, we use Personal Information you provide to provide you access to the Website and its services, to improve the Website, tailor the features to you and to offer you additional information, opportunities, promotions and functionality from us.
Your Personal Information may be disclosed to third-party service providers who work with us to provide some of the services on the Website and to help us communicate with you. Examples include, but are not limited to, sending email, analyzing data, marketing and providing customer service. We expect our third-party service providers to not use such information except as necessary to provide the relevant services to us.
We reserve the right to disclose your Personal Information if we believe that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You consent to us sharing your Personal Information under the circumstances described herein.
Use and Disclosure of Anonymous Information
The Ability of Others to View Your Information
When you use the Website, certain information you post or provide on the publicly available portions of the Website, may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.
Third Party Sites and Advertising
Response to Do Not Track Requests
At this time, we are not set up to respond or to otherwise react to Do Not Track requests.
Ability to Unsubscribe
Should you receive a promotional email from us, you may “opt-out” of receiving additional promotional email communications from us by following the unsubscribe instructions in the email. You may also contact us directly at firstname.lastname@example.org. This applies to promotional communications and not administrative communications we feel are necessary to provide the services on the Website.
Disclaimer of Guaranty of Security
We believe we have taken reasonable steps to protect your Personal Information. No one can fully guarantee or fully eliminate all risks associated with Personal Information and we make no such guarantees.
This Website is intended for use by those over 18 years of age.
Conditions to Use our Website
Your permission to use the Website is conditioned upon your agreement that you:
- you are 18 years of age or older;
- will not copy or distribute any part of the Website in any manner without our prior written consent;
- will provide accurate information when creating an account, submitting content or registering for our Website;
- will not allow others to use the Website under your User ID;
- are solely responsible for your User ID and the activity that occurs through your User ID;
- will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
- are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
- grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you; and
- agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.
To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at email@example.com.
We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
- violates the privacy, publicity, or other rights of third parties;
- is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or
- could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.
By using the Website, You agree not to:
- conduct or promote any illegal activities;
- attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
- attempt to gain access to secured portions of the Website;
- use the Website to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Website;
- interfere in any way with the proper functioning of the Website; or
- impersonate another user.
Links to Other Sites
We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website.
We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity and all terms and conditions related to your Content shall survive the termination of this Agreement.
Disclaimers of Warranty and Limitations of Liability
We provide the Website and the related services “as is”, “whereis”, and “as available.” We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.
If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to firstname.lastname@example.org or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Modifications to the Agreement
Choice of Law and Dispute Resolution
To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in Collin County, Texas.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.
Your privacy is important to us. This privacy statement explains what data we collect from your device and how we use it. We encourage you to read the summaries below and contact Enforcement Video, LLC, operating as WatchGuard Video if you’d like more information on a particular topic.
VISTA SmartConnect Intended Use
VISTA SmartConnect is intended for use by individuals authorized to use and connect to a WatchGuard Video VISTA WiFi™ body-worn camera. Based on permissions set in WatchGuard Video’s Evidence Library 4 Web™ evidence management system, VISTA SmartConnect users can manage VISTA WiFi features, view and categorize recorded events, or stream live video from the camera to a Wi-Fi enabled smart device.
Data We Collect and/or Store
VISTA SmartConnect doesn’t collect data from or store data on your smart device. In some cases, we utilize storage within the application temporarily to buffer video and/or audio files as they’re being played on the smart device. This data is deleted immediately after viewing the video or when starting a new video playback session, such as starting from the beginning or jumping to a new location in the video stream.
Captured Images on Your Smart Device
Modern smart devices have the ability to capture and save screen shots of any image displayed on the device, including VISTA WiFi recorded video events or streaming video. WatchGuard Video is not responsible for images captured and/or stored on the smart device in this or any other manner.
Information We Collect When You Download the App
When you download the app, we may ask for information to help set up an account that is stored on your mobile device and possibly by us. This information may include:
- Username and password
- The IP address associated with your download
Furthermore, additional information may be collected from the platform such as the Apple App Store or the Google Play store where you download the app that is available to us such as:
- When you downloaded the app
- The type of device
- Your mobile service provider
- If your app has any technical difficulties, we may receive report
Without some of this basic information, the service and its functionality may not be available to you.
What We Do with the Information We Collect
We use the information from the platform where the app was downloaded to track statistics and usage data. We may also use and disclose anonymous information for any other reason allowed under applicable law.
We DO NOT sell your information to third parties. We may use third parties to perform some of the services to you which requires us to sometimes share anonymous information with them.
This Policy does not address, and we are not responsible for, the information or other practices of any third parties. For example, we are not responsible for the information collection, use, disclosure, security policies, or practices of other organizations, such as Apple or Google.
We may also disclose your information: (1) as required by law such as to comply with a subpoena, court order, or similar legal process; (2) to fully cooperate with law enforcement to identify those using our Services for illegal activities; (3) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and (4) to any other third party with your prior consent to do so.
Do Not Track Requests
We do not currently respond to Do Not Track requests at this time.
The Security of Your Data
While we take commercially reasonable steps to secure your data, no data can be guaranteed to be 100% secure. While we strive to protect your information, you acknowledge that there are security and privacy limitations inherent to the Internet which are beyond our control and that the security, integrity, and privacy of any and all information and data exchanged between the mobile application, you and us cannot be guaranteed.