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Effective URL: http://2i.wf/fibaro/en/home/login.html?trackBack=home/index.html
Submission: On July 10 via manual from IN — Scanned from AU

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<form id="backupForm" name="backupForm" class="ng-pristine ng-valid"><textarea class="Textarea" name="backupDescription" id="backupDescription" style="width: 250px; height: 90px" maxlength="128"></textarea></form>

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Terms of Service

The Gateway Software is constantly developed and improved, particularly taking
into account users' comments on the functionality of the software, as well as in
order to fix errors and to enable configuration of the Gateway with existing and
new peripheral devices, manufactured by the Producer and by other entities
('Peripheral Devices'). Development work carried out by the Producer resulted in
creating the Gateway software version 4.560. The Producer exercised due
diligence to examine, check and ensure compatibility of the software with
Peripheral Devices, however he is unable to guarantee that functionality of the
software version 4.560 will fully match the functionality of the currently used
software. In particular, unknown exceptions may occur, which may result in
freezing of the Gateway system. In such cases, the user shall be obligated to
contact the Support Department, pursuant to the rules of the device service
included in the Warranty Terms, attached to the device upon purchase. The update
may also result in partial loss of functionality by some of the Peripheral
Devices which communicate with the Gateway. This functionality will be restored
with further updates of the software version 4.560.

Because of the lack of proper support of the standards described by Z-Wave
Alliance by some of the Peripheral Devices manufacturers, after downloading the
software update Peripheral Devices may communicate incorrectly with the Gateway.
In such cases, it may be necessary to carry out Device Soft Reconfiguration,
which involves going to the ZWAVE Diagnostics configuration tab, following the
guidelines shown in the interface, and accepting the reconfiguration. However,
it may be necessary to add Peripheral Devices to the system again, which may
require physical access to the devices, and adding them by entering the
inclusion mode according to the manufacturer's instructions, and also
reconfiguration of any scenes and other system elements based on Peripheral
Devices. Until the communication between the Gateway and Peripheral Devices is
established, statuses of Peripheral Devices in Gateway interfaces after
downloading the update may be at variance with the actual statuses.

The Producer, at his sole discretion, may in the future make available further
software updates in order to rectify the situations described above. In such
cases, he shall inform the user that another update can be downloaded, by means
of a configuration interface and the signalling diode on the Gateway casing. The
Producer can at any time stop developing or withdraw certain functionalities of
the Software, particularly when manufacturers of Software components stop
providing their support.

The Producer informs that the Gateway is a device functioning in Local Area
Network. In order to secure the Gateway and the Software from unauthorized
access the user should take measures to ensure security of that LAN.

Version 4.560 doesn't support gateway connection with Home Centers working under
control version 3.600 or earlier.

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT WITHIN THE SCOPE ALLOWED BY THE
APPLICABLE LAW HE USES THE SOFTWARE AND ANY SERVICE RENDERED BY OR AVAILABLE
THROUGH THE SOFTWARE AT HIS OWN RISK AND THAT HE ACCEPTS THE RISK RELATED TO THE
QUALITY, PERFORMANCE, ACCURACY AND RESULTS.

IN THE BROADEST SCOPE ALLOWED BY THE APPLICABLE LAW REGULATIONS THE SOFTWARE AND
ANY SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ANY FAULTS AND
WITHOUT ANY WARRANTY. APART FROM WARRANTIES GRANTED EXPRESSLY AT THE PURCHASE OF
THE GATEWAY, THE PRODUCER SHALL NOT GRANT ANY OTHER SOFTWARE QUALITY WARRANTY.
IN PARTICULAR, HE SHALL NOT GUARANTEE THAT THE USER SHALL BE SATISFIED WITH THE
SOFTWARE AND THAT THE FUNCTIONS INCLUDED IN, SERVICES RENDERED OR PROVIDED BY
THE SOFTWARE SHALL MEET USER'S REQUIREMENTS, SOFTWARE OR SERVICE OPERATION SHALL
BE UNINTERRUPTED OR FREE FROM ERRORS AND THAT SOFTWARE OR SERVICE FAULTS SHALL
BE REMOVED AND THAT THE SOFTWARE SHALL BE COMPATIBLE OR COOPERATE WITH EVERY
THIRD PARTY SOFTWARE, PROGRAMME, PERIPHERAL DEVICE OR SERVICE. INSTALLING THE
SOFTWARE UPDATE MAY INFLUENCE THE AVAILABILITY AND USEFULNESS OF THE THIRD PARTY
SOFTWARE AND SERVICES, AS WELL AS PRODUCTS AND SERVICES OF THE PRODUCER.

IN THE SCOPE ALLOWED BY LAW THE PRODUCER SHALL NOT BE LIABLE FOR PERSONAL INJURY
OR ANY ACCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, FOR DAMAGES CAUSED BY LOSS OF PROFITS, DAMAGE OR LOSS OF DATA,
INTERFERENCE OF SENDING OR RECEIVING OF DATA (INCLUDING, WITHOUT LIMITATIONS,
TASKS AND ANY MATERIALS), COMPANY'S BUSINESS ACTIVITY OR OTHER COMMERCIAL
LOSSES, AS WELL AS FOR LOSSES RESULTING FROM OR RELATED TO USE OF THIRD PARTY
SOFTWARE OR SERVICES, OR LACK THEREOF, IN COMBINATION WITH THE SOFTWARE OR
SERVICES, REGARDLESS OF TIME OF THEIR CREATION AND THEORY OF LIABILITY
(CONTRACT, CIVIL INJURY OR OTHER), EVEN IF FIBAR GROUP S.A. IS INFORMED ABOUT A
POSSIBILITY OF SUCH DAMAGES OCCURRING. THIS PROVISION SHALL NOT BE APPLICABLE
WHEN LAWS OF THE SPECIFIC COUNTRY FORBID RESTRICTING SUCH LIABILITY, IN
PARTICULAR WITH REGARD TO PROVING WILFUL MISCONDUCT OF THE SOFTWARE PRODUCER OR
WITH REGARD TO CONSUMERS. IN SUCH CASE THIS PROVISION IS BINDING IN SUCH SCOPE
THAT IS NOT CONTRADICTORY TO THE APPLICABLE REGULATIONS OF LAW.

Fibaro Privacy Policy

Effective as of November 19, 2015

1. Introduction
Thanks for choosing Fibaro. Please take time to read this Privacy Policy, as it
may contain information important to you
The Privacy Policy has the following purposes:
-Explain the way we use information that you share with us for enhancing our
Fibaro service ('Service');
-Inform you what information we collect with your permission, and what we do
with it;

All the collected information is related to providing the Fibaro service and its
features.
There are two categories of collected information: information that we must have
in order for you to use Fibaro; and information that enable us to provide
additional features if you agree to share that information with us.
The first category includes:
-Device model
-general Localization data (eg. country, city, region, language)
-Usage statistics (eg. time of usage, number of active users)
-Interaction with Service statistics
-Service crash information
-Service version
-Connection type (eg. local, remote)
-information inevitable for using Google Mobile Developer Services (see section
3 below)

When you agree to our Privacy Policy, you give us the right to collect the
information of the first category and use it for the purposes described, thus
enabling us to provide Fibaro service to you. We will only use this information
for the purpose we described. If you revoke the permission to use this
information, we will no longer be able to provide Fibaro service to you.

We never receive any of the following second category information, unless you
expressly decide to share it with us, for example:
-Your specific location (Without your explicit permission we will not use or
gather your specific device location. This information enables us to provide
location based services such as scenes and Family panel).
-Your photos (We will only access images that you specifically choose for use
with Fibaro service.)
-Your contacts (Without your explicit permission we will not scan or import your
contacts).
-Information obtained from your microphone (Without your explicit permission we
will not access or use your microphone. This could enable you to control Fibaro
with your voice.

You can stop sharing and revoke your permission to use the information of the
second category at any time.

2. Your consent
By using the Service, you are consenting to:
-The transfer of your information outside of the country where you live, even to
a country which is not a party to the European Economic Area; and
-The collection, use, sharing, and other processing of your information.
In each case, you consent to the processing of data by the entities described in
this Privacy Policy, including the Fibaro entity (Fibar Group S.A., ul. Lotnicza
1, 60-421 Poznań, POLAND) as data controller, (collectively, 'Fibaro', 'we',
'us', 'our') and its affiliates. If you don't agree with the terms of this
Privacy Policy, then please don't use the Service.

3 Use of Google Mobile Developer Services
Fibaro Service was developed i.e. by using Google Mobile Developer Services and
may collect and use the information required by this Google Service what you
agree to. For details use the link to the site 'How Google uses data when you
use our partners' sites or apps', (located at
www.google.com/policies/privacy/partners/, or any other URL Google may provide
from time to time).

4. The collected information
We may collect and store the following information
4.1 Registration data
When you sign up for the Service, we may ask you for information such as your
username, password.
4.2 Usage and log data
When you use or interact with the Service, we may use a variety of technologies
that collect information about how the Service is accessed and used, such as:
-Information about your interactions with the Service, such as interactions with
mobile applications and browser user interface;
-Technical data, which may include URL information, the types of devices you are
using to access or connect to the Fibaro Service, device attributes, network
connection type, network and device performance, browser type, language,
operating system, general localization data (eg. country, city, region), usage
statistics (eg. time of usage, number of active users), interaction with Service
statistics, service crash information, and Fibaro application version.
4.3 Your mobile device
We may provide features that rely on the use of additional information on your
mobile device or require access to certain services on your mobile device,
belonging to the information of the second category.

5. Manner of use of the collected information
We may use the collected information:
-To ensure technical functionality of the Service, develop new products and
services, and analyse your use of the Service, including your interaction with
applications, products, and services that are related to the Service;
-to enforce this Privacy Policy and any other terms that you have agreed to,
including to protect the rights, property, or safety of Fibaro, Fibaro Service
users, or any other person, or (if applicable) the copyright-protected content
of the Service;
-to provide you with features, information, or other content which is influenced
by your location and your location in relation to other Fibaro service users;
and
-for other purposes specified in Privacy Policy.

6. Sharing information
We may from time to time share your information with other service providers to
perform functions and process user data and help provide our Services, in line
with this Privacy Policy. Where a third party processes user data being personal
information on our behalf (e.g., a hosting service provider), it is subject to
the relevant security and confidentiality obligations. Where a third party
processes user data on its own behalf, its processing is subject to its own
Privacy Policy and applicable law. Please note the use of Privacy Policy
applicable to Google Mobile Developer Services, as referred to in section 3
above.

7. Transfer to other countries
Fibaro may transfer, processes and store information about our users on servers
located in a number of countries in order to provide you i.a. bigger
availability in case of technical problems. Fibaro may also subcontract
processing to, or share your information with, third parties located in
countries other than your home country. Your personal information may therefore
be subject to privacy laws that are different from those in your country. The
Fibar Group S.A. will process your information as described in this Privacy
Policy and the applicable law.

8. Security
You should use an unique and strong password, limit access to your computer and
browser, and log out after having used the Fibaro Service in order to protect
you information. While we take data protection precautions, no security measures
is completely secure, and we do not guarantee the security of user information.

9. Accessing and updating user information
If you have questions about your privacy on the Service, this privacy policy, or
information we have about you, please contact us at privacy@fibaro.com. You can
also contact our privacy representative by sending a letter to Fibaro, Fibar
Group S.A., ul. Lotnicza 1, 60-421 Poznań, Poland. We will respond to your
request within a reasonable period of time upon verification of your identity in
accordance with local laws. We recommend you include documents that prove your
identity and a clear and precise description of the information which you
request (benefiting from the right you have towards your personal information
to) access to, modify, or cease to process.

10. Changes to the Privacy Policy
We may, in our discretion, make changes to the Privacy Policy and/or the
Agreement related to providing the Fibaro Service. When we make material changes
to the Policy or such Agreement, we'll provide you with prominent notice as
appropriate under the circumstances, e.g., by displaying a prominent notice
within the Service or by sending you an email. In some cases, we will notify you
in advance, and your continued use of the Service after the changes have been
made will mount to your acceptance of the changes. Please therefore make sure
you read any such notice carefully. If you do not wish to continue using the
Service under the new version of the Policy and/or the Agreement, you may
terminate the Agreement by contacting us via support@fibaro.com
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