Panasonic Nubo

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP AND WHEN SUBSCRIBING TO THE NUBO SERVICES

End User License Agreement (“EULA”) for the Nubo Application and Nubo Cloud Services

VERSION 1.4, 2017-02

1 Introduction
1.1 Nubocam is owned by Panasonic Cloud Management Service Europe B.V. (“Nubo”).
1.2 Nubo is bringing to you a Nubo Application (“NuboApp”) and Nubo Cloud Services (“Nubo Services”) related to your Nubo Camera (“NuboCam”).
1.3 The NuboCam can be used in combination with the NuboApp, which you can download from www.nubocam.com or in app-stores for use in your home network via a wireless or a cable connectivity or via a SIM card. You can also subscribe to Nubo Services. This EULA differentiates between the usage scenarios and depending upon your choice, the following sections apply to your use.
1.4 The user terms as defined in this document govern your access and use of the NuboApp and Nubo Services.
2 NuboCam use in combination with the Nubo App in a wireless, LAN or telecom network
If you chose to use the NuboCam without Nubo Cloud Storage Services, you will have to install the NuboCam to your network via a wireless connection or a LAN connection or place the simcard in the NuboCam. In addition you will have to download the Nubo Application (“NuboApp”) and install it to the device you wish to save and view or stream the videos taken by the NuboCam. The NuboApp is software to view or stream audiovisual material (Customer Content) taken by the NuboCam.
3 Nubo Services
If you choose to use the NuboCam in combination with the NuboApp in a wireless or LAN or telecom network with Nubo Services the stipulations of the Nubo Services will apply in addition to the sections applicable to the NuboApp. In order to use the Nubo Services you will have subscribe to one of the Nubo Services as described on the website www.nubocam.com and/or offered to you online.
4 The Agreement
4.1 By downloading the NuboApp, registering to use the NuboApp or registering for the use of Nubo Services on a local device or remote device or server, you agree to the terms of this End User License Agreement between Nubo and you as the entity agreeing to these terms (“Customer/You”).
4.2 This Agreement is effective as of the date that you click to accept the End User License Agreement (the "Effective Date") or download the App.
4.3 If you are accepting these terms you represent and warrant that: (i) you have read and understand this End User License Agreement; and (ii) you agree to this End User License Agreement.
4.4 We may change these terms at any time by sending you a message with details of the change or notifying you of a change when you next start the App, or log onto the websites of Nubo. The new terms may be displayed on-screen and you may be required to read and accept them before you continue your use of the NuboApp or Nubo Services.

If you do not agree with the user terms or do not have the legal authority to bind Customer, please do not click to accept

5 NuboApp License
5.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-exclusive license to use the App on the devices, subject to these terms and applicable appstore rules.
5.2 The NuboApp is characterized by the features shown in the App and additional documentation which can be found through the website www.nubocam.com.
5.3 You may download or stream a copy of the App onto a device and to view, use and display the App on the devices for your personal non-commercial purposes only for access to the NuboCam and/or Nubo Services.
5.4 Utilization Rights: Except as expressly set out in this EULA or as permitted by any local law, you agree:
5.4.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
5.4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
5.4.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
5.4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that, by virtue of the Software Directive 2009/24/EG (Article 5) and the Dutch Copyright Act (article 45j - 45m), such actions cannot be prohibited when they are essential for the purpose of use or achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving interoperability of the App with another software program;
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software that is substantially similar to the App;
5.4.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
5.4.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
5.4.7 not to transfer the NuboApp to a third party, unless as a whole and only if you fully and definitely waive your right of use and uninstall the NuboApp completely and rendering any copy of the NuboApp unusable. The temporary transfer of the right to use the App to a third party against payment is prohibited irrespective of whether the licensed App is transferred physically or otherwise.
5.4.8 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
5.4.9 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
Third Party Rights / Open Source
5.5 The NuboApp may include or provide access to third party software. If you use the third party software, you shall also comply with the applicable terms and conditions of the third party software license terms. If there is conflict between the terms of this NuboApp license and the terms of the third party software, the terms of the third party software shall be applicable to the extent you use the third party software.
5.6 With respect to certain part(s) of the NuboApp, Nubo’s licenser(s) are third party beneficiaries of this EULA. The disclaimer of warranty, limitation of liability terms and remedies applicable to such part(s) of the NuboApp in this EULA shall inure to the benefit of, and are enforceable by the licenser(s). This EULA may be terminated if necessary for the licenser(s) to protect its or its licenser’s intellectual property rights or other rights.
6 Download Nubo App
6.1 The Nubo App is access software for the Nubo Services and for access to the NuboCam.
6.2 Object of Delivery and Delivery: You will acquire the NuboApp in the object code. The source code is not object of this EULA.
6.3 The delivery of the NuboApp will be effected by download and updates will be delivered in the same way as the original NuboApp.
6.4 You will be assumed to be the owner of the mobile telephone or devices that are controlled by you and to download or stream a copy of the App onto the device. You may be charged by your service providers for internet access on the devices were the App is installed. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any device.
7 License Nubo Services
Use of services
7.1 Subject to your choice of subscription on Nubo Services you are entitled to use Nubo Services for non-commercial purposes only to the extent detailed in the chosen subscription during the term as agreed upon between you and Nubo.
7.2 You may not sublet or transfer your subscription or individual rights under the subscription to third parties without the prior written consent of Nubo.
7.3 Nubo may make new tools, features or functionality available from time to time through the Nubo Services.
8 General use of NuboApp and/or Nubo Services
8.1 You must not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; and
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; and
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
8.2 By using the App or any of the Services, you consent to us collecting and using technical information about the devices and related software, hardware and peripherals for Nubo Services that are internet-based or wireless to improve our products and to provide any Services to you.
9 Registration
9.1 To be able the use the Nubo Services you have to register and create an account online through the App or website of Nubo. All personal information that you provide must be accurate, complete, and kept current. You are responsible for the information you provide to create the account and the security of the passwords for the Account.
9.2 The use of the services and the account is strictly personal. If you become aware of any unauthorized use of your password or your Account you must notify Nubo as promptly as possible.
Use of personal information
9.3 In order to use certain Nubo Services, you may be asked to supply certain personal information (persoonsgegevens). Nubo’s use and processing on behalf of Customer of this personal information is specified in the Nubo Privacy and Data Processing Statement (Article 17).
10 Charges and Payment
10.1 Nubo states all charges for Customers inclusive of VAT, unless specified otherwise. The pricing information on the website is purely informational and only binding insofar they are confirmed by Nubo with an accepted and confirmed order.
10.2 Minimum charges can be applicable, in accordance with the Nubo pricing and service terms and the specific Service Agreement.
10.3 Charges shall be invoiced by Nubo monthly in advance and all other charges shall be invoiced monthly in arrears. Invoices shall be paid by Customer in cleared funds no later than 30 calendar days from the date of the invoice (“Due Date”), by direct debit.
10.4 If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify Nubo of such dispute within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer considers is due. All Charges not in dispute shall be paid by the Due Date.
10.5 Where Nubo has not received payment for undisputed Charges by the Due Date, Nubo shall be entitled to charge interest on the overdue charges at the highest rates permitted by applicable law. Where Nubo has not received payment within 30 calendar days of the Due Date, Nubo may take all or any of the following actions until such time as payment, including any interest due, has been received:
(1) withhold any sums owing to Customer by Nubo and offset it against any sums Customer owes to Nubo under the relevant Service Agreement;
(2) suspend Customer the use of the Services in relation to which charges are outstanding;
(3) withdraw any discount in relation to the relevant provided equipment or Service and charge Customer Nubo’s Standard List Prices for that equipment or Service; and
(4) Nubo shall be entitled to terminate this Agreement in whole or in part.
10.6 Customer shall not be entitled to offset any sums owed to it by Nubo under any Agreement or dispute between the Parties against any sums that Customer owes to Nubo under this Agreement.
10.7 Nubo may credit assess Customer from time to time as reasonably required to assess Nubo 's risk. Each credit assessment shall entitle Customer to have a credit limit on Customer’s Nubo account (details of which are available on request).
11 Customer Content
11.1 All data created, recorded, reproduced, distributed, stored and published by the Customer when using the Nubo Services is Customer Content.
11.2 You expressly agree that you shall observe all applicable laws, regulations and rules related to third parties. You accept full liability for all Customer Content in respect of any third party intellectual property rights, including but not limited to the rights of privacy and portraits of others.
11.3 The Customer shall own all right, title and interest in and to all of the Customer Content and shall have sole responsibility for the legality, non-infringement of thirds party rights, reliability and integrity of the Customer Content.
Storing and Back-up
11.4 Nubo shall follow its storing and back-up procedures as set out in its Storing and Back-Up Policy related to the applicable subscription on Nubo Services. Information is available at www.nubocam.com. In the event of any loss or damage to Customer Content, the Customer's sole and exclusive remedy shall be for Nubo to use reasonable commercial endeavours to restore the lost or damaged Customer Content from the latest back-up of such Customer Content maintained by Nubo in accordance with the procedure described in its Storing and Back-Up Policy. Nubo shall not be responsible for any loss, destruction, alteration or disclosure of Customer Content caused by any third party (except those third parties sub-contracted by Nubo to perform services related to Customer Content storage and back-up).
11.5 Nubo shall, in providing the Services, comply with its Privacy and Dataprocessing Statement relating to the processing, storage and security of Customer Content on behalf of Customer.
Specific information related to privacy and data protection is described article 17

Privacy and Dataprocessing Statement.

12 Intellectual property
12.1 Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s intellectual property rights. Copyright, trade secrets, and other intellectual property rights of the App, software, service of Nubo are the exclusive property of Nubo and its licensors. The Nubo Services are licensed to you, not sold, under this EULA.
Open Source
12.2 Certain items of software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Nubo makes all Open Source Software, and Nubo’s modifications to the Open Source Software available on http://support.nubocam.com/hc/en-us/categories/201115826-Open-source-overview
13 Term and Termination of Account and Services
Agreement Term
13.1 The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement (Subscription period) is terminated as set forth in this section of this Agreement.
Upgrade & downgrade
13.2 Subscriptions and renewals of subscriptions, and the corresponding payments, are for the duration of 1 month. A user can always make an interim up- and downgrade in the 'My Account' section of www.nubocam.com. Upgrades will be executed and invoiced directly after the user performed the upgrade action. Downgrades will be executed at the end of the subscription period. No refunds are provided for wrongly executed upgrades or downgrades earlier than the subscription period end. It's the user's responsibility to execute the up- and downgrade in a correct and timely manner.
Discontinuation
13.3 Unless agreed between Parties otherwise, Parties may for any reasonable reason, in its sole discretion and with reasonable notice, terminate an account or discontinue any Services without liability to the other Party.
Termination for Breach
13.4 Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty days; (iii) the other party is in material breach of this Agreement; (iv) behavior that is harmful to other users, third parties, or the business interests of Nubo or (v) if, under appropriate circumstances, the user is determined by Nubo to be an infringer of intellectual property rights.
Termination for Inactivity
13.5 Nubo reserves the right to terminate the Services for extended periods of Customer inactivity.
Termination for Convenience
13.6 Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination the Customer must cease use of the applicable Nubo Services. Nubo may terminate this Agreement for its convenience at any time without liability to Customer.
Effect of Termination
13.7 If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to Nubo are immediately due upon receipt of the final invoice; (iii) Customer will delete/remove the application and software and transfer all Customer Content to another location. Each Party will use all commercially reasonable efforts to return or destroy all confidential information of the other party. Termination shall not affect Customer obligations to Nubo under these User Terms (including but not limited to: ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive termination.
14 Limitation of liability and indemnification
Limitation of liability
14.1 You acknowledge that the Nubo Service and App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Service description meet your requirements. Your use of any aspect of the Nubo Service and/or the Application is at your own risk. Nubo makes no representations or warranties whatsoever in respect of the Nubo Services.
14.2 We only supply the Nubo Service and App for private, non-commercial use. You agree not to use the Nubo Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in this article, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you this EULA.
14.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amounts paid for delivered services under this EULA for the last 12 months. This does not apply to the types of loss set out in condition 14.5.
14.5 Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by Dutch law.
14.6 Without limiting the foregoing, Nubo shall have no liability for:
- Any adverse effect to your computer or other software as a result of your use of the Services, or as a result of any Customer Content available through the Services;
- Your use of (or inability to use) the Site, the Application or any Nubo Service or features such as storage of Customer Content;
- Any error or omission of Nubo, or any act or omission of any third party;
- Any error, delay, interruption, operational problem, unavailability, or failure in the Site, the Application or any part of the Nubo Service, or any directly or indirectly related equipment, system, programming, or network (including the internet);
- Any breach of security involving the Nubo Services or your account;
- Any viruses or other code or component that may affect your computer system, mobile device or other property as a result of your use of the Nubo Services.
14.7 Nubo will not be liable for any losses or damage arising from unauthorized use of your service, account or password, and you agree to indemnify and hold Nubo harmless for any improper or illegal use of your account.
Indemnification
14.8 You agree to indemnify, defend, and hold harmless Nubo and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these user terms by you or anyone using your computer, device, or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Nubo Services; (c) your violation of any law, ordinance, rule, regulation or treaty; (d) your infringement of any right of any third party, including without limitation the infringement of Customer Content on any third party privacy, intellectual property right or moral right.
15 Mobile connectivity and SIMcard
General
15.1 For mobile connectivity, the Nubo Services can be used with a Nubo povided SIMcard or with a SIMcard or similar device for creating mobile connectivity provided by a telecomoperator or mobile connectivity services provider of your own choice. Unless the camera is connected over Wi-Fi, using the Nubo Services will have an effect on mobile data (for instance by using the Nubo Services for live streaming, (event) recording, audio streaming, notifications and all necessary camera related communications to operate the Nubo camera.
15.2 When using the Nubo Services with a SIMcard provided by a telecomoperator or mobile connectivity services provider of your own choice the (data) usage and pricing terms and conditions of your telecomprovider or third party mobile connectivity services provider are applicable and are not subject to the terms and conditions of this Nubo License Agreement. As a result you agree that:
- All data consumed as a result of using the Nubo Services from your own SIM card is at your own cost. Mobile data charges will be applicable and based on the pricing and contractual conditions and charged by your own telecomprovider or mobile connectivity services provider;
- Data usage may vary based on, but not limited to, the frequency and time of usage of mobile Services, your geographical location, video (quality) settings and network conditions;
- Nubo is not responsible for nor has control over the mobile data (over)usage of your own SIM card using the Nubo Services and Nubo does not measure data (over)usage of your own SIM card;
- Nubo does not inform you in any way about (over)usage of your own SIM card;
- Nubo is not liable for payments coming forth out of mobile data usage of your own SIM card;
- Nubo is not responsible for network coverage, network / connectivity outages or any other issues which is related to the network provider of your SIM card;
- Nubo is not responsible for subscriptions coming forth out of using your own SIM card e.g. monthly fees to be paid at the provider of your own SIM card;
- Nubo is not responsible for physical SIM card defects;
- In case of outdoor mounting, Nubo recommends to use SIM cards with a outdoor rating (ask your provider). Nubo is not responsible for damage to the Nubo camera caused by not using an outdoor rated SIM card;
- Nubo is not responsible for roaming costs associated with your own SIM card in case you take your Nubo to travel abroad. It’s the user’s own responsibility to turn off roaming at the provider and / or to bear the roaming costs associated;
- Nubo is not responsible for side effects of using (dual) SIM cards such as only one SIM card able to access the Internet at a time; Dual SIM cards could lead to poor performance and / or user experience on Nubo side;
- Nubo cannot guarantee that all SIM cards work;
Services and Coverage Nubo provided SIMcard
15.3 Use of mobile connectivity for the Customer is only authorized within the countries of Europe. It is the Customers responsibility to use the service together with mobile connectivity in supported countries. Current status of supported countries of telecommunication network coverage were services are provided can be found on: http://support.nubocam.com.
15.4 a) Nubo shall use reasonable endeavours to provide Customer with the Services and mobile connectivity and to ensure the security of Customer’s communications at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service.
b) Nubo and it’s Subcontractors may suspend the Services: (i) when the services with mobile connectivity are used outside the Europe; (ii) in order to carry out maintenance or testing of the telecommunication network; (iii) during any technical failure of the telecommunication network, (iv) when it is necessary to safeguard the security and integrity of the telecommunication telecommunication network or to reduce the incidence of fraud; (v) where it identifies Artificially Inflated Traffic; or (vi) due to Emergency Planning Measures. Nubo shall endeavour to keep all such suspensions to a minimum and shall give Customer notice of such suspensions where reasonably practicable.
15.5 Customer’s use of equipment and Nubo Services
a) Customer shall only use equipment authorized or delivered for use on the telecommunication network.
b) Customer shall not:
(i) use any equipment or Nubo Services for any purpose that Nubo (acting reasonably) believes is abusive, a nuisance, illegal or fraudulent; or
(ii) do anything that causes the telecommunication network to be impaired or damaged.
15.6 SIM Cards and numbers
a) SIM Cards shall remain the property of Nubo or it’s Subcontractors at all times and Customer shall be entitled to use the SIM Cards (including any Software they contain) provided for use with the Nubo Services only.
b) Customer shall use all reasonable endeavours to ensure that SIM Cards are only used with Customer’s authorization and shall inform Nubo as soon as is reasonably practicable after Customer becomes aware that a SIM Card is lost, stolen or damaged. Customer shall be liable for any loss or damage suffered by Customer as a result of unauthorized use of SIM Cards (including due to loss or theft), up to the time that Customer has notified Nubo that such SIM Card is being used without Customer’s authorization.
c) Nubo or it’s Subcontractors shall allocate M2M numbers to Customer which Customer shall only use to access the Nubo Services. Nubo or it’s Subcontractors may reallocate or change such telephone numbers as a result of changes in applicable law or instructions from the Regulatory Authorities, but will exercise all reasonable endeavours to minimise any disruption to Customer.
15.7 Equipment
a) Nubo shall bear the risk of loss or damage to equipment and SIM Cards until the point of delivery to Customer. Customer shall bear the risk of loss or damage to equipment and SIM Cards from the time of delivery to Customer.
b) Customer shall notify Nubo in writing within 5 Business Days of receipt if equipment or SIM Cards arrive having been damaged, or if the order has been incorrectly fulfilled. Customer shall notify Nubo in writing within 10 Business Days of confirmation of Nubo’s order acceptance if Customer does not receive the equipment or SIM Card. Following such notification by Customer, Nubo shall replace damaged new equipment or SIM Cards, equipment lost or stolen in transit, and any incorrect equipment or SIM Card, free of charge. In the case of damaged used equipment Nubo shall (at its option) replace or repair the Equipment.
c) Title to equipment shall pass to Customer as soon as Nubo has received payment for it in full. Where equipment is free of charge, title shall pass on delivery.
d) Where equipment supplied to Customer by Nubo becomes faulty for reasons other than through Customer’s acts, omissions or misuse within the manufacturer’s warranty period, Customer shall return such equipment to Nubo at Nubo’s cost and Nubo shall repair or replace the equipment in accordance with Nubo’s Recovery Policy. Any out-of-warranty repairs shall be at Nubo’s Standard List Price.
16 Applicable law and claims
16.1 These user terms shall be governed by the laws of The Netherlands. Your conduct may also be subject to other local, state, and national laws. All disputes arising under or in connection with these user terms shall be exclusively settled by the competent court in Amsterdam, The Netherlands.
16.2 If any provision of this EULA is void or unenforceable, the remaining terms of this EULA shall remain in full force and effect.
16.3 Any cause of action against Nubo must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these user terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining clauses of these user terms shall remain in full force and effect.
17 Nubo Privacy and Data Processing Statement
17.1 This privacy statement explains Nubo's policy regarding the collection, processing, use and protection of Personal Information. The terms of this privacy policy apply to information collected from you and the processing of personal information of Customer Content.
Personal Information
17.2 Personal Information is any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to information such as a customer's name, address, telephone number, e-mail address, credit card number, or information about activities directly linked to that person.
Personal information we collect and process
17.3 We collect Personal Information that you provide us, such as when you: Register to use the Nubo Services, use and create Customer Content, or contact us for any reason. Specific information we can collect: Name, address, telephone, email and bank account information.
The purpose of processing the personal information
17.4 Delivering the Nubo Service (together with other parties involved in fulfilment), to correspond and to contact you for customer satisfaction surveys, market research or in connection with certain transactions, to complete a transaction, invoicing, statistical analyses.
Permission and choices
17.5 By agreeing to this user terms and Privacy Statement you explicitly and unambiguously give your consent for the processing of your personal data as defined in this Privacy Statement.
Disclosure
17.6 We may disclose Personal Information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property, or safety of Nubo, our customers, or the public.
Protection of Personal Information
17.7 Personal information we collect is stored electronically. We use technical, contractual, administrative and physical measures in an effort to protect against unauthorized access. Account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. If other people have access to your email, they may be able to obtain access to your password and obtain personal information about you (such as your credit card information), or change information about your user profile.
Website and Nubo Service
Aggregate Information and Cookies
17.8 We collect non-identifiable information from visits to our website, the use of the App and the use of Nubo Services to help us provide better customer service. This information is sometimes known as "clickstream data." Nubo or others on Nubo’s behalf may use this data to analyze trends and statistics and to help us provide better customer service. Also, when we collect personal data from you in delivering the Nubo Service, we may extract some information about that in a non-identifiable format and combine it with other non-identifiable information such as clickstream data. This information is used and analyzed only at an aggregate level to help us understand trends and patterns. This information is not reviewed at an individual level. explicit consent needed
17.9 We collect the information we mentioned in the previous paragraphs through the use of various technologies, including "cookies". A cookie is a piece of data that a Website can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer. Nubo uses cookies or other technologies to better serve you when you return to the Nubo Website.
Registration
17.10 Nubo is registerred at the autoriteit bescherming persoonsgegevens. Registration number: 1276548 Nubo BV. Nubo will remain registration and complying to the applicable privacy regulation (wet bescherming persoonsgegevens / codification of EU Privacy regulation (Directive 95/46/EC) as processor (bewerker) of Customer Content.
Data Processing and Storage Customer Content
17.11 As part of the Nubo Services, Nubo will process and store the Customer Content on behalf of Customer. Nubo will process and store Customer Content in The Netherlands where Nubo maintains facilities. By using the Nubo Services, Customer consents to this processing and storage of Customer Content under this Agreement.
Privacy and rights of portrait
17.12 When installing the App or using the Nubo Services, please take into consideration the rights of others with regard to privacy. It is generally said that “Privacy” means the ability of an individual or group to stop information about themselves from becoming known to people other than those whom they choose to give the information. “Rights of portrait” means the right to be safe from having your own image taken and used indiscriminately without consent.
Security: facilities, storage and transfer of data:
17.13 All facilities used to store, process and transfer Customer Content will adhere to reasonable security standards. Nubo has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of Customer Content, (ii) protect against anticipated threats or hazards to the security or integrity of Customer Content, and (iii) protect against unauthorized access to or use of an Application and Customer Content.
17.14 If Nubo processes any personal data on the Customer's behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and Nubo shall be a data processor and in any such case:
(a) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the country where the Customer is located in order to carry out the Services and Nubo's other obligations under this agreement;
(b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to Nubo so that Nubo may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer's behalf;
(c) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
(d) Nubo shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
(e) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
Notice and takedown
17.15 Nubo shall have the right in their sole discretion to refuse or remove any Customer Content that is available or processed through the Nubo Services that violates these user terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, or violating any party’s intellectual property or privacy.
Changes
17.16 Nubo reserves the right to change this Privacy Statement at any time, but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. We encourage you to review our privacy statement to make sure you understand how your information will be used. If there is ever a material change to how we use your information and the new uses are unrelated to uses we disclose in this statement, we will communicate the changes in advance.
Questions, Corrections and Contact
17.17 If you have any questions or concerns about this privacy statement, if you want to correct inaccuracies in Nubo’s record of your personal information or would like to contact us for any reason, you can do the following:
1. Send an email to support@nubocam.com.
2. Write us at: Hogehilweg 19, 1101 CD Amsterdam
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