iDMSS user agreement
- Thread starter eleV^te79
- Start date
LaundryCam
n3wb
Funny, I was just about to ask for the same help. Trying to get this camera system tied up nice and tight only to agree to a user agreement subject to the People’s Republic of China laws and regulations??? 
Seems concerning to me, too...but I’m only little
Seems concerning to me, too...but I’m only little 
eleV^te79
n3wb
- Joined
- Nov 13, 2017
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Funny, I was just about to ask for the same help. Trying to get this camera system tied up nice and tight only to agree to a user agreement subject to the People’s Republic of China laws and regulations???
LaundryCam
n3wb
Yes, I’m working through all of this for the first time. Ordered and installed cameras and NVR from Andy (Hi, Andy!). As suggested, presently trying to set up for remote access using already configured OpenVPN connection on my TP Link router. Really not sure about correct approach from here. From what I can put together I need to add NVR to a viewer for iOS - which will then be accessed after I activate my OpenVPN connection? But...if I accept the user agreement, isn’t that an opportunity for bad actors while I am viewing?.
There are no bad actors present here. If someone in the UK buys a product made in the USA, they must abide by the EULA as created in the USA as per USA Laws. Same idea for something made in Ireland; the EULA is applicable to the country it is written. (With special provisions for GDPR)
The App was updated a couple days ago and in the description it clearly stated "update User Agreement and Privacy Policy"
Dahua is playing catch-up in a lot of areas, and EULA / Legal, etc is one of those areas. If there is a particular line / point that seems troubling, lets discuss that particular line/point as we would for any product made anywhere. If you want to read it, I've posted it here (I hope that's okay).
DMSS Registration Agreement
This DMSS Registration Agreement ("the Agreement") sets forth the terms and conditions of your use of user name registration and related services ("Services") between you and DMSS Platform Operator. In this Agreement, "you" and "your" refer to you or any agent, employee or person authorized to act on your behalf. "We", "us" and "our" refer to Zhejiang Dahua Technology Co., Ltd (“Dahua”). The Agreement explains our obligations to you, as well as your obligations to us for various services offered by DMSS Platform Operator. When you use your account or permit someone else to use it to (i) purchase; or (ii) acquire access to additional DMSS Services or products; or (iii) cancel DMSS Services, this Agreement covers such services or actions.
It is important that you read and understand the following terms. By clicking “AGREE”, you are agreeing that these terms will apply if you choose to access or use the Service. If you do not want to agree to these terms, you must not access or use the services.
We are committed to responsibly handling any information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated into the Agreement. Please review our Privacy Policy, thus you are aware of how we collect and use your personal information.
DMSS Privacy Policy
The formation, enforcement, interpretation, amendment, supplementation, termination, execution and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China.
Any party of the Agreement can litigate the dispute arising of or related to DMSS Platform Service at Binjiang District People's Court of Hangzhou Municipality, which is in the same district that Dahua is located in.
If any provision of this Agreement is held by a court to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated and the remaining provisions of this Agreement will continue in full force and effect.
1. Service description
When the product is connected to the DMSS platform, it can be used to achieve remote control or other functions.
2. Definition
DMSS Platform: refers to clients that provides software services to users.
DMSS Platform Operator: refers to Dahua .
DMSS Platform Service: the internet-based Services provided by DMSS Platform Operator in various forms.
3. Scope
3.1 Parties to the Agreement
The Agreement is concluded by you and DMSS Platform Operator. The Agreement has contractual effect between you and DMSS Platform Operator.
3.2 Additional Terms and Policies
We offer a diverse range of services, so there are certain additional terms and policies that may be applicable to your use of all of our services or to specific services, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
3.2.1 Additional service-specific terms
Some of our services have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services. Such service-specific terms include:
DMSS Privacy Policy –which sets out how we collect, store and use your personal information.
4. Registration and Use
4.1 Qualification
To use our Services, you cannot be a person barred from receiving the Services under the laws of the People’s Republic of China (PRC) or your local applicable jurisdiction. If you do not have the required civil capacity, you and your guardian should bear all legal consequences accordingly.
4.2 Account Description
You can get the DMSS platform account and become a user of the DMSS platform after signing or agreeing on the Agreement and completing the registration.
You have the right to use the user name, email address, and password to log in the DMSS Platform.
As your account is associated with your personal information and business information, please use it only by yourself.
In order to provide you with other services, you have to combine smart hardware, network cameras, network video recorders, or other alarm devices produced by Dahua with the account.
4.3 Registration Information Management
4.3.1 Truthfulness and lawfulness
When you use the DMSS Platform Services, you should provide your information (including your name, email address, contact address, and etc.) accurately and completely. You understand and agree that you are obligated to maintain the authenticity and validity of your information.
The user name you set should be in compliance with the PRC laws and regulations, as well as Dahua’s requirements; otherwise we have the right to prohibit you from using the user name. Ban on the user name does not affect you to log into DMSS platform and use DMSS Platform Service by email.
4.3.2 Update and Maintenance
You should update your information in time by providing up-to-date, truthful, complete, and valid information.
4.4 Account Security Specifications
DMSS Platform Operator will not ask you to provide your account password at any time. Therefore, it is recommended that you take good care of your account.
We are not responsible for any of your loss and consequences when your account is (i) leaked by your mistake; or (ii) attacked or defrauded by others. You should seek compensation from the tortfeasor through judicial and administrative relief channels.
You shall be responsible for all actions under your account (including, but not limited to online signing of various types of agreements, publishing information, purchasing goods and services, and disclosing information, etc.) except DMSS Platform Operator’s fault.
If you find any unauthorized use of your account to log on to the DMSS Platform or other circumstances that may result in your account being stolen or lost, it is recommended that you immediately inform us and change your registration credentials. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand that it takes a reasonable amount of time for DMSS Platform Operator to take action on any of your requests. Even though we take every effort to respond to your requests as soon as possible and always within the statutory time period, DMSS Platform Operator may not be able to avoid or prevent the formation or expansion of the consequences of the infringement by taking the actions at your request. Except for the legal fault of DMSS Platform Operator, we shall not be liable for any situations aforementioned.
5. Rules of Use
5.1 The user shall be aware that our Services are only for non-commercial use by users. If the user violates any provision of these terms herein or uses our Service for sales or other commercial purposes without the written consent of DMSS Platform Operator, we are allowed to terminate the Services immediately and hold the right for any legal action against the concerned personnel in accordance with laws.
5.2 Users must abide by the following principles when using our Services:
(1) Comply with relevant national, provincial, local or international laws and policies;
(2) Comply with all network protocols, regulations and procedures related to Web services;
(3) Login only through the legal channel declared by us;
(4) It is not allowed to use this service to perform any conduct that is detrimental to DMSS Platform Operator;
(5) Do not use this service to conduct any activities that may adversely affect the normal use of the Internet;
(6) The service shall not be used for any illegal purpose;
(7) Do not use plug-in or other cheating means, improper or unfair means to participate in this Service;
(8) Do not violate the law in any way, or violate the privacy of others, or denigrate others;
(9) If it is found that the account is illegally used or there is a security loophole, you should inform DMSS Platform Operator immediately.
5.3 We reserve the right to upgrade and adjust service content at any time. After the service version is upgraded and adjusted, it may involve the upgrade of the software version of the browser plug-in, mobile client, and terminal device. DMSS Platform Operator may also upgrade the browser plug-in, mobile client software and terminal device software separately. The user shall upgrade the software involved according to the prompt, otherwise the user will not be able to enjoy the functions provided by the new version, and we will not guarantee that the old version will continue to be available. In addition, we reserve the right to unilaterally change or restrict some of the functional effects due to the needs of business development. Users agree to take the above risks on their own.
6. Value-added services and charges
6.1 In accordance with the development of the market and technology, we will provide users with various Internet and communication value-added services related to the Services, including free and fee-based value-added services. We reserve the right to charge related value-added services and change the charging standards and methods. If the relevant service changes from free to paid services, we will provide notice in a proper way. Users can choose to accept or reject the fee-based service. The users shall pay for any fee-based services in accordance with our provision. If the users refuse to pay or are in arrears, we have the right to suspend the service and to recover all losses in accordance with the local laws and regulations.
6.2 We have the right to place various advertisements and promotional information on the website, in the form of, including but not limited to, system messages and pop-ups, and in accordance with our privacy policies.
7. Intellectual Property
7.1 Except for the limited rights for the use of our Services, the Agreement does not grant users:
(i) Any right to any intellectual property in the services, or
(ii) Any right to use our trademarks, logos, domain names, or other brand features.
“Intellectual Property Rights” means current and future patents, copyrights, trade secrets, moral rights, and other similar rights worldwide.
7.2 The user may not use the aforementioned information or materials in any way other than his personal, non-commercial use, nor may he copy, translate, disassemble, reverse edit, or reverse engineer any software involved in the Services. The user also may not otherwise convert the object code of the software or attempt to convert the source code.
7.3 Unless expressly permitted by the Agreement, the user may not modify, rent, sell, distribute, copy, create derivatives, or use part or all contents of the Services for any commercial purpose in any form or in any way.
8. Third-party software and applications
8.1 Third-party software and applications provided with this product may be developed by individuals or entities that are not affiliated with or operated by us. We do not own the copyrights or intellectual property rights of these third-party software and applications. In view of this, we cannot provide any guarantee for these types of software and applications. The DMSS Platform Operators will neither provide the users with support for these third-party software and applications, nor assume any responsibility to whether these third-party software and applications function properly.
8.2 If you use these third party software and applications, you acknowledge that these software and applications are provided "as it is". No warranty of any kind (whether express or implied) is enclosed within the maximum permissive scope of the applicable laws. You are also considered to have acknowledged that neither DMSS Platform Operators nor its parent or subsidiary companies makes any express or implied representations or warranties, including but not limited to, the guarantee of ownership, merchantability or fitness for a particular purpose, free from any infringement of third-party patents, or copyrights, trademarks or other rights of third-party software and applications.
8.3 The services of third party software and applications may be interrupted or terminated at any time. We do not guarantee that any content or service would remain available at any time. The transmission of content or services by the third parties through networks or tools is out of our control. To the extent permitted by relevant laws, we shall not be responsible for any interruption or termination of any content or service offered through this product.
8.4 For any software that you personally install on this product or any third-party works such as texts, pictures, videos or software uploaded or downloaded, we are not responsible for its legality, quality or any other aspects. You are solely responsible for any related risks arising from your personal installation, uploading, or downloading of any of the aforementioned third-party works.
9. Limited Warranty
9.1 Although we want to provide first-class services, but we cannot guarantee certain service-related issues. For example, third-party services and software are provided "as it is" at the user's own risk and without any form of express or implied warranty or condition. We also deny any warranties of merchantability, specific-purpose applicability, stability, virus-free, negligence, lack of technical know-how, or non-infringement. We are not responsible for any damage to your computer system, data loss or damage, or any other damage caused by the user's access to or use of the services or software.
9.2 Users are considered to have understood that our service involves the Internet and may be affected by various factors of instability, such as force majeure, computer viruses, hacker attacks, system instability, user location, user shutdown, illegal content information, harassment information shielding, and anything else. There exist risks of not satisfying the users’ needs due to service interruption, obstruction, etc. caused by network, technology, communication lines, computer failures, and information security management measures. The users are considered to have assumed the above risks. The users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. We are not liable for any loss suffered by the user due to his or her inability to receive video data or the receiving of incorrect data.
10. Limitation of Liability
10.1 All responsibilities undertaken by DMSS Platform Operator are limited to the price paid by users of the Services.
10.2 To the maximum extent permitted by applicable laws, DMSS Platform Operator bears no responsibility of any accidental, indirect, special, or punitive damages or requests (including but not limited to, personal injury, privacy leakage, failure to perform any duty including integrity or reasonable care) arising from the use or any aspects of the Services.
10.3 Services may contain links to third-party websites or resources. DMSS Platform Operator does not guarantee the availability, accuracy, and relevant content, products, and services of these links. Users shall be fully responsible for their use of any such website or resource.
10.4 DMSS Platform Operator performs basic guarantee obligations in accordance with the laws and regulations of the P.R.China, but DMSS Platform Operator does not bear any corresponding liability for breach of contract, such as performance obstacles, performance defects, performance delays, or changes in performance, due to the following circumstances:
(1) Force majeure events such as natural disasters, strikes, riots, wars, government actions, and judicial administrative orders;
(2) Power supply failures, communication network failures and other public service or third-party factors;and
(3)Events such as regular or emergency maintenance and failures of equipment and systems, and factors such as network information transmission and data security, even when DMSS Platform Operator has fulfilled its obligations in good faith.
10.5 We will not be liable to you for any loss or damage, whether in contract, tort ((including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Services; or use of, or reliance on, any content displayed on our Services. In particular, we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss of damage.
11. Liability
If your actions result in any loss of DMSS Platform Operator and/or its affiliates (including direct economic loss and indirect loss such as loss of goodwill, compensation and settlement payments, attorney fees, and litigation costs), you shall indemnify DMSS Platform Operator and/or its affiliates for all of the above losses.
If your conducts cause DMSS Platform Operator and/or its affiliates to suffer from any third-party claim, DMSS Platform Operator and/or its affiliates may, after assuming the obligations to third party such as money payments, recover all losses from you.
12. Modifications of the agreement
DMSS Platform Operator may modify the Agreement and supplementary agreement from time to time to conform to changes in laws and regulations, to maintain transaction order and to protect consumer rights and interests. DMSS Platform Operator will notify you about the modified agreement and its supplementary agreement ("Altered Matter") in accordance with legal procedures and Article 14 of the Agreement.
If you do not agree with the Altered Matter, you can contact DMSS Platform Operator with feedback before the effective date of the Altered Matter. If the feedback is adopted, DMSS Platform Operator will adjust the Altered Matter as appropriate.
If you still disagree with the Altered Matter that has already taken effect, you should stop using the Services as of the effective date of the Altered Matter so that the Altered Matter has no effect on you; if you continue to use the Services after the effective date, you are deemed to have accepted the Altered Matter.
13. Notice
13.1 Effective contact
When you register as a platform user and accept the Service of the DMSS Platform, you should provide real and valid contact details (including your email address, and contact address). If there is any change of your contact details, you are obliged to update relevant information promptly, and stay accessible.
The member’s account (including a sub account) you created after registering at DMSS Platform, which is used to receive platform notices and system messages, is also an effective contact method.
DMSS Platform Operator will send all kinds of notifications to you through one or some of the above contact methods. The content of these notifications may have a significant effect on you. Please pay attention in time.
You can receive advertising information, promotions, and other commercial information you are interested in, through your e-mail address you provided for registration. If you are willing to receive such information, you may subscribe through the corresponding subscription service.
13.2 Delivery of Notices
DMSS Platform Operator will send you a notice through the above contact methods, in which the written notice issued by electronic means, including but not limited to the announcement at DMSS Platform, system messages sent to your account, text messages, and emails, are deemed to be served after successful sending; if it is a written notice on paper, the fifth day after mailing out to your contact address will be deemed as the date of service.
For any dispute arising from trade activities on DMSS Platform, you agree that the judicial authorities (including but not limited to the People's Court) may serve you legal documents (including but not limited to litigation documents) through modern means of communication such as text messages and e-mails or mails.
Your designated contact method to receive legal documents is the e-mail address, or other contact method that you provided at registration or updated on DMSS Platform. The day judicial authorities issue a legal document to the above contact information is deemed to be the date of service. Your designated mailing address is your legal address or the valid address you provided.
You agree that the Judiciary may serve you with legal documents through one or more of the above methods. The Judiciary will serve your legal documents in a variety of ways. The date of service will be the date of the earliest one of the above methods.
You agree that the above method of service applies to all stages of the judicial process, such as entering the proceedings, including but not limited to the first instance, the second instance, retrial, implementation and supervision procedures.
You should ensure that the contact information you provided is accurate, valid, and updated in time. If the contact information provided is inaccurate or you do not inform the updated contact information in time so that the legal documents cannot be delivered or are not delivered in time, you will bear all the legal consequences that may arise.
14. Termination of the agreement
14.1 Termination
You have the right to terminate the Agreement in any of the following ways:
(1) You can close your account via smart phone application when you meet the account closing conditions publicized by the DMSS Platform Operator on the website;
(2) You stop using the Services before Altered Matter of the Agreement come into effect and you expressly refuse to accept it;
(3) You expressly state that you do not want to continue using the Services provided by DMSS Platform Operator and you have met the termination conditions.
DMSS Platform Operator may notify you to terminate the Agreement in the manner set forth in Article 14 of the Agreement when:
(1) You violated the Agreement and DMSS Platform Operator can terminate the Agreement based on the breach of contract;
(2) You illegally accessed another person's account, published prohibited information, or defrauded others of their property;
(3) In addition to the above circumstances, you repeatedly and seriously violated the relevant provisions of the platform rules;
(4) Your account has been deleted by us pursuant to the Agreement;
(5) Violation of the lawful rights and interests of others or other serious violations of the law;
(6) Other situations where the service should be terminated.
14.2 Process after the Termination of the Agreement
After the termination of the Agreement, except as expressly provided by law, DMSS Platform Operator is not obliged to disclose any information in your account to you or a third party that you designate.
After the termination of the Agreement, DMSS Platform Operator still has the following rights:
(1) Continuing to save all types of information listed in Article 7 of the Agreement that you have on DMSS Platform;
(2) For your previous breach of contract, we can still hold you responsible for breach of contract in accordance with the Agreement. After the termination of the Agreement, DMSS Platform Operator may, at its own discretion, decide whether or not to close your trade orders that you generated during the existence of the Agreement; if DMSS Platform Operator asks for specific performance, you should continue the performance of the trade order in accordance with the Agreement, and bear all the loss and extra expenses arising from it.
The App was updated a couple days ago and in the description it clearly stated "update User Agreement and Privacy Policy"
Dahua is playing catch-up in a lot of areas, and EULA / Legal, etc is one of those areas. If there is a particular line / point that seems troubling, lets discuss that particular line/point as we would for any product made anywhere. If you want to read it, I've posted it here (I hope that's okay).
DMSS Registration Agreement
This DMSS Registration Agreement ("the Agreement") sets forth the terms and conditions of your use of user name registration and related services ("Services") between you and DMSS Platform Operator. In this Agreement, "you" and "your" refer to you or any agent, employee or person authorized to act on your behalf. "We", "us" and "our" refer to Zhejiang Dahua Technology Co., Ltd (“Dahua”). The Agreement explains our obligations to you, as well as your obligations to us for various services offered by DMSS Platform Operator. When you use your account or permit someone else to use it to (i) purchase; or (ii) acquire access to additional DMSS Services or products; or (iii) cancel DMSS Services, this Agreement covers such services or actions.
It is important that you read and understand the following terms. By clicking “AGREE”, you are agreeing that these terms will apply if you choose to access or use the Service. If you do not want to agree to these terms, you must not access or use the services.
We are committed to responsibly handling any information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated into the Agreement. Please review our Privacy Policy, thus you are aware of how we collect and use your personal information.
DMSS Privacy Policy
The formation, enforcement, interpretation, amendment, supplementation, termination, execution and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China.
Any party of the Agreement can litigate the dispute arising of or related to DMSS Platform Service at Binjiang District People's Court of Hangzhou Municipality, which is in the same district that Dahua is located in.
If any provision of this Agreement is held by a court to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated and the remaining provisions of this Agreement will continue in full force and effect.
1. Service description
When the product is connected to the DMSS platform, it can be used to achieve remote control or other functions.
2. Definition
DMSS Platform: refers to clients that provides software services to users.
DMSS Platform Operator: refers to Dahua .
DMSS Platform Service: the internet-based Services provided by DMSS Platform Operator in various forms.
3. Scope
3.1 Parties to the Agreement
The Agreement is concluded by you and DMSS Platform Operator. The Agreement has contractual effect between you and DMSS Platform Operator.
3.2 Additional Terms and Policies
We offer a diverse range of services, so there are certain additional terms and policies that may be applicable to your use of all of our services or to specific services, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
3.2.1 Additional service-specific terms
Some of our services have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services. Such service-specific terms include:
DMSS Privacy Policy –which sets out how we collect, store and use your personal information.
4. Registration and Use
4.1 Qualification
To use our Services, you cannot be a person barred from receiving the Services under the laws of the People’s Republic of China (PRC) or your local applicable jurisdiction. If you do not have the required civil capacity, you and your guardian should bear all legal consequences accordingly.
4.2 Account Description
You can get the DMSS platform account and become a user of the DMSS platform after signing or agreeing on the Agreement and completing the registration.
You have the right to use the user name, email address, and password to log in the DMSS Platform.
As your account is associated with your personal information and business information, please use it only by yourself.
In order to provide you with other services, you have to combine smart hardware, network cameras, network video recorders, or other alarm devices produced by Dahua with the account.
4.3 Registration Information Management
4.3.1 Truthfulness and lawfulness
When you use the DMSS Platform Services, you should provide your information (including your name, email address, contact address, and etc.) accurately and completely. You understand and agree that you are obligated to maintain the authenticity and validity of your information.
The user name you set should be in compliance with the PRC laws and regulations, as well as Dahua’s requirements; otherwise we have the right to prohibit you from using the user name. Ban on the user name does not affect you to log into DMSS platform and use DMSS Platform Service by email.
4.3.2 Update and Maintenance
You should update your information in time by providing up-to-date, truthful, complete, and valid information.
4.4 Account Security Specifications
DMSS Platform Operator will not ask you to provide your account password at any time. Therefore, it is recommended that you take good care of your account.
We are not responsible for any of your loss and consequences when your account is (i) leaked by your mistake; or (ii) attacked or defrauded by others. You should seek compensation from the tortfeasor through judicial and administrative relief channels.
You shall be responsible for all actions under your account (including, but not limited to online signing of various types of agreements, publishing information, purchasing goods and services, and disclosing information, etc.) except DMSS Platform Operator’s fault.
If you find any unauthorized use of your account to log on to the DMSS Platform or other circumstances that may result in your account being stolen or lost, it is recommended that you immediately inform us and change your registration credentials. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand that it takes a reasonable amount of time for DMSS Platform Operator to take action on any of your requests. Even though we take every effort to respond to your requests as soon as possible and always within the statutory time period, DMSS Platform Operator may not be able to avoid or prevent the formation or expansion of the consequences of the infringement by taking the actions at your request. Except for the legal fault of DMSS Platform Operator, we shall not be liable for any situations aforementioned.
5. Rules of Use
5.1 The user shall be aware that our Services are only for non-commercial use by users. If the user violates any provision of these terms herein or uses our Service for sales or other commercial purposes without the written consent of DMSS Platform Operator, we are allowed to terminate the Services immediately and hold the right for any legal action against the concerned personnel in accordance with laws.
5.2 Users must abide by the following principles when using our Services:
(1) Comply with relevant national, provincial, local or international laws and policies;
(2) Comply with all network protocols, regulations and procedures related to Web services;
(3) Login only through the legal channel declared by us;
(4) It is not allowed to use this service to perform any conduct that is detrimental to DMSS Platform Operator;
(5) Do not use this service to conduct any activities that may adversely affect the normal use of the Internet;
(6) The service shall not be used for any illegal purpose;
(7) Do not use plug-in or other cheating means, improper or unfair means to participate in this Service;
(8) Do not violate the law in any way, or violate the privacy of others, or denigrate others;
(9) If it is found that the account is illegally used or there is a security loophole, you should inform DMSS Platform Operator immediately.
5.3 We reserve the right to upgrade and adjust service content at any time. After the service version is upgraded and adjusted, it may involve the upgrade of the software version of the browser plug-in, mobile client, and terminal device. DMSS Platform Operator may also upgrade the browser plug-in, mobile client software and terminal device software separately. The user shall upgrade the software involved according to the prompt, otherwise the user will not be able to enjoy the functions provided by the new version, and we will not guarantee that the old version will continue to be available. In addition, we reserve the right to unilaterally change or restrict some of the functional effects due to the needs of business development. Users agree to take the above risks on their own.
6. Value-added services and charges
6.1 In accordance with the development of the market and technology, we will provide users with various Internet and communication value-added services related to the Services, including free and fee-based value-added services. We reserve the right to charge related value-added services and change the charging standards and methods. If the relevant service changes from free to paid services, we will provide notice in a proper way. Users can choose to accept or reject the fee-based service. The users shall pay for any fee-based services in accordance with our provision. If the users refuse to pay or are in arrears, we have the right to suspend the service and to recover all losses in accordance with the local laws and regulations.
6.2 We have the right to place various advertisements and promotional information on the website, in the form of, including but not limited to, system messages and pop-ups, and in accordance with our privacy policies.
7. Intellectual Property
7.1 Except for the limited rights for the use of our Services, the Agreement does not grant users:
(i) Any right to any intellectual property in the services, or
(ii) Any right to use our trademarks, logos, domain names, or other brand features.
“Intellectual Property Rights” means current and future patents, copyrights, trade secrets, moral rights, and other similar rights worldwide.
7.2 The user may not use the aforementioned information or materials in any way other than his personal, non-commercial use, nor may he copy, translate, disassemble, reverse edit, or reverse engineer any software involved in the Services. The user also may not otherwise convert the object code of the software or attempt to convert the source code.
7.3 Unless expressly permitted by the Agreement, the user may not modify, rent, sell, distribute, copy, create derivatives, or use part or all contents of the Services for any commercial purpose in any form or in any way.
8. Third-party software and applications
8.1 Third-party software and applications provided with this product may be developed by individuals or entities that are not affiliated with or operated by us. We do not own the copyrights or intellectual property rights of these third-party software and applications. In view of this, we cannot provide any guarantee for these types of software and applications. The DMSS Platform Operators will neither provide the users with support for these third-party software and applications, nor assume any responsibility to whether these third-party software and applications function properly.
8.2 If you use these third party software and applications, you acknowledge that these software and applications are provided "as it is". No warranty of any kind (whether express or implied) is enclosed within the maximum permissive scope of the applicable laws. You are also considered to have acknowledged that neither DMSS Platform Operators nor its parent or subsidiary companies makes any express or implied representations or warranties, including but not limited to, the guarantee of ownership, merchantability or fitness for a particular purpose, free from any infringement of third-party patents, or copyrights, trademarks or other rights of third-party software and applications.
8.3 The services of third party software and applications may be interrupted or terminated at any time. We do not guarantee that any content or service would remain available at any time. The transmission of content or services by the third parties through networks or tools is out of our control. To the extent permitted by relevant laws, we shall not be responsible for any interruption or termination of any content or service offered through this product.
8.4 For any software that you personally install on this product or any third-party works such as texts, pictures, videos or software uploaded or downloaded, we are not responsible for its legality, quality or any other aspects. You are solely responsible for any related risks arising from your personal installation, uploading, or downloading of any of the aforementioned third-party works.
9. Limited Warranty
9.1 Although we want to provide first-class services, but we cannot guarantee certain service-related issues. For example, third-party services and software are provided "as it is" at the user's own risk and without any form of express or implied warranty or condition. We also deny any warranties of merchantability, specific-purpose applicability, stability, virus-free, negligence, lack of technical know-how, or non-infringement. We are not responsible for any damage to your computer system, data loss or damage, or any other damage caused by the user's access to or use of the services or software.
9.2 Users are considered to have understood that our service involves the Internet and may be affected by various factors of instability, such as force majeure, computer viruses, hacker attacks, system instability, user location, user shutdown, illegal content information, harassment information shielding, and anything else. There exist risks of not satisfying the users’ needs due to service interruption, obstruction, etc. caused by network, technology, communication lines, computer failures, and information security management measures. The users are considered to have assumed the above risks. The users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. We are not liable for any loss suffered by the user due to his or her inability to receive video data or the receiving of incorrect data.
10. Limitation of Liability
10.1 All responsibilities undertaken by DMSS Platform Operator are limited to the price paid by users of the Services.
10.2 To the maximum extent permitted by applicable laws, DMSS Platform Operator bears no responsibility of any accidental, indirect, special, or punitive damages or requests (including but not limited to, personal injury, privacy leakage, failure to perform any duty including integrity or reasonable care) arising from the use or any aspects of the Services.
10.3 Services may contain links to third-party websites or resources. DMSS Platform Operator does not guarantee the availability, accuracy, and relevant content, products, and services of these links. Users shall be fully responsible for their use of any such website or resource.
10.4 DMSS Platform Operator performs basic guarantee obligations in accordance with the laws and regulations of the P.R.China, but DMSS Platform Operator does not bear any corresponding liability for breach of contract, such as performance obstacles, performance defects, performance delays, or changes in performance, due to the following circumstances:
(1) Force majeure events such as natural disasters, strikes, riots, wars, government actions, and judicial administrative orders;
(2) Power supply failures, communication network failures and other public service or third-party factors;and
(3)Events such as regular or emergency maintenance and failures of equipment and systems, and factors such as network information transmission and data security, even when DMSS Platform Operator has fulfilled its obligations in good faith.
10.5 We will not be liable to you for any loss or damage, whether in contract, tort ((including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Services; or use of, or reliance on, any content displayed on our Services. In particular, we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss of damage.
11. Liability
If your actions result in any loss of DMSS Platform Operator and/or its affiliates (including direct economic loss and indirect loss such as loss of goodwill, compensation and settlement payments, attorney fees, and litigation costs), you shall indemnify DMSS Platform Operator and/or its affiliates for all of the above losses.
If your conducts cause DMSS Platform Operator and/or its affiliates to suffer from any third-party claim, DMSS Platform Operator and/or its affiliates may, after assuming the obligations to third party such as money payments, recover all losses from you.
12. Modifications of the agreement
DMSS Platform Operator may modify the Agreement and supplementary agreement from time to time to conform to changes in laws and regulations, to maintain transaction order and to protect consumer rights and interests. DMSS Platform Operator will notify you about the modified agreement and its supplementary agreement ("Altered Matter") in accordance with legal procedures and Article 14 of the Agreement.
If you do not agree with the Altered Matter, you can contact DMSS Platform Operator with feedback before the effective date of the Altered Matter. If the feedback is adopted, DMSS Platform Operator will adjust the Altered Matter as appropriate.
If you still disagree with the Altered Matter that has already taken effect, you should stop using the Services as of the effective date of the Altered Matter so that the Altered Matter has no effect on you; if you continue to use the Services after the effective date, you are deemed to have accepted the Altered Matter.
13. Notice
13.1 Effective contact
When you register as a platform user and accept the Service of the DMSS Platform, you should provide real and valid contact details (including your email address, and contact address). If there is any change of your contact details, you are obliged to update relevant information promptly, and stay accessible.
The member’s account (including a sub account) you created after registering at DMSS Platform, which is used to receive platform notices and system messages, is also an effective contact method.
DMSS Platform Operator will send all kinds of notifications to you through one or some of the above contact methods. The content of these notifications may have a significant effect on you. Please pay attention in time.
You can receive advertising information, promotions, and other commercial information you are interested in, through your e-mail address you provided for registration. If you are willing to receive such information, you may subscribe through the corresponding subscription service.
13.2 Delivery of Notices
DMSS Platform Operator will send you a notice through the above contact methods, in which the written notice issued by electronic means, including but not limited to the announcement at DMSS Platform, system messages sent to your account, text messages, and emails, are deemed to be served after successful sending; if it is a written notice on paper, the fifth day after mailing out to your contact address will be deemed as the date of service.
For any dispute arising from trade activities on DMSS Platform, you agree that the judicial authorities (including but not limited to the People's Court) may serve you legal documents (including but not limited to litigation documents) through modern means of communication such as text messages and e-mails or mails.
Your designated contact method to receive legal documents is the e-mail address, or other contact method that you provided at registration or updated on DMSS Platform. The day judicial authorities issue a legal document to the above contact information is deemed to be the date of service. Your designated mailing address is your legal address or the valid address you provided.
You agree that the Judiciary may serve you with legal documents through one or more of the above methods. The Judiciary will serve your legal documents in a variety of ways. The date of service will be the date of the earliest one of the above methods.
You agree that the above method of service applies to all stages of the judicial process, such as entering the proceedings, including but not limited to the first instance, the second instance, retrial, implementation and supervision procedures.
You should ensure that the contact information you provided is accurate, valid, and updated in time. If the contact information provided is inaccurate or you do not inform the updated contact information in time so that the legal documents cannot be delivered or are not delivered in time, you will bear all the legal consequences that may arise.
14. Termination of the agreement
14.1 Termination
You have the right to terminate the Agreement in any of the following ways:
(1) You can close your account via smart phone application when you meet the account closing conditions publicized by the DMSS Platform Operator on the website;
(2) You stop using the Services before Altered Matter of the Agreement come into effect and you expressly refuse to accept it;
(3) You expressly state that you do not want to continue using the Services provided by DMSS Platform Operator and you have met the termination conditions.
DMSS Platform Operator may notify you to terminate the Agreement in the manner set forth in Article 14 of the Agreement when:
(1) You violated the Agreement and DMSS Platform Operator can terminate the Agreement based on the breach of contract;
(2) You illegally accessed another person's account, published prohibited information, or defrauded others of their property;
(3) In addition to the above circumstances, you repeatedly and seriously violated the relevant provisions of the platform rules;
(4) Your account has been deleted by us pursuant to the Agreement;
(5) Violation of the lawful rights and interests of others or other serious violations of the law;
(6) Other situations where the service should be terminated.
14.2 Process after the Termination of the Agreement
After the termination of the Agreement, except as expressly provided by law, DMSS Platform Operator is not obliged to disclose any information in your account to you or a third party that you designate.
After the termination of the Agreement, DMSS Platform Operator still has the following rights:
(1) Continuing to save all types of information listed in Article 7 of the Agreement that you have on DMSS Platform;
(2) For your previous breach of contract, we can still hold you responsible for breach of contract in accordance with the Agreement. After the termination of the Agreement, DMSS Platform Operator may, at its own discretion, decide whether or not to close your trade orders that you generated during the existence of the Agreement; if DMSS Platform Operator asks for specific performance, you should continue the performance of the trade order in accordance with the Agreement, and bear all the loss and extra expenses arising from it.
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DMSS Privacy Policy
Preamble
This DMSS Privacy Policy (“Privacy Policy”) only applies to the processing of personal data related to the products or services of DMSS.
This Privacy Policy governs each website, mobile site, application, and/or other products or services in relation to DMSS provided by Zhejiang Dahua Technology Co., Ltd (“Dahua”),(“DMSS”,“we”, “us”, or “our”), acting as a data controller.
This Privacy Policy is to describe what information we collect, use, store, and how we disclose, process and protect them as well as your choice of accessing, updating, controlling your information we provided along with any other rights you are entitled to. Please read it carefully before using our services and as instructed by Privacy Policy, make your own choice if necessary. By accessing or using our services, you acknowledge that you have read, understand and agree to our collection, storage, use and disclosure of your information as described in this Privacy Policy.
1. Scope
This Privacy Policy applies to all services we provide, excluding some specific services, which will be governed together with supplementary policies or notices. Such supplementary policies consist part of Privacy Policy. If there is any inconsistency, the supplementary ones shall prevail
if issued after the last updated date of this Privacy Policy. Except as otherwise expressly stated in this Privacy Policy, this Privacy Policy does not apply to situations where a third party independently provides services to you through our services, such as websites that may include the services we offer or in other third parties’ sites that has a link to our services. Please note that if you use such third party products and/or services and provide your personal information, your information will be handled in compliance with that third party's privacy statement or similar policies. We take no responsibilities when your information was misused or improperly disclosed in such occasions.
2. The Information We Collect
In the process of using DMSS service, DMSS will, in accordance with the following ways, collect information provided by you during the use of the service or information generated by the use of the service, in order to provide such services to you, to optimize our services and protect your account security:
2.1 When you register with DMSS service, we will collect your country/region, user password, email address, etc. in order to assist you completing DMSS registration and to protect your DMSS account security. If you do not provide such information, you may not be able to use our services properly. Besides you can use the account cancellation function on mobile client to clear personal information such as email address and password.
2.2 When you use DMSS’s service（including DMSS cloud services）, in order to ensure the normal use of our services, we will collect information such as your device model, unique identifier, IP address, MAC address, software version, network access mode & type, latitude & longitude (if supported), accelerator (gravity-activated device) and operation logs. Such information is required to provide you with DMSS’s service and are basic information which must be collected.
2.3 When you use client login functions, in order to provide you with the basic service of DMSS platform, we will collect your email address, password, GPS and terminal information. Refusing to provide GPS and terminal information may only result in your being unable to use the better service, but does not affect your normal use of DMSS’s other functions. Refusing to provide email address and user password may only result in your being unable to use the login functions, but does not affect your normal use of DMSS’s other functions under the guest mode. In addition, you can always turn off the relevant features and clear your personal information in that feature. We will not reveal and disclose your personal information to any third party without your permission.
2.4 When you use custom image uploading functions, we will obtain your consent prior to recording your local file resources (local album for mobile client), for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can modify the uploaded images at any time on the client. The resources will be released once you exit this function and it will not actively collect user information.
2.5 When you use alarm subscription functions, we will obtain your consent prior to recording your client unique characteristic value, for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your client unique characteristic value information within that feature.
2.6 When you use modifying country/region functions, we will obtain your consent prior to recording your country/region information, for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your country/region information within that feature.
2.7 When you use Feedback functions, we will obtain your consent prior to recording your email information, for the purpose of replying some user feedbacks. Refusing to provide such information may only result in your being unable to receive reply on your feedback, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your email address information within that feature.
2.8 When you use modifying password functions, we will obtain your consent prior to recording your password information, for the purpose of providing you with such service. Refusing to provide such information may only result in you being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your password information within that feature.
2.9 When you use initializing device on client functions, we will obtain your consent prior to recording your Mac, IP, SN, device name, type, latitude & longitude, registration time, channel, online/offline and configuration (time zone, alarm, etc.), for the purpose of providing you with basic service of DMSS platform. Refusing to provide such information may only result in your being unable to use the device online functions, but does not affect your normal use of DMSS’s other functions. In addition, after you unbind the device on the client, all the device information will be anonymous.
2.10 When you use user experience program functions, in order to provide humanized service in the future, we will collect your use frequency of modules in the DMSS application. The whole collection and processing course will be anonymized. Refusing to provide such information may only result in your being unable to use the user experience program, but does not affect your normal use of DMSS’s other functions. In addition, information collection will be stopped once you exit this function.
2.11 The DMSS paypal service is provided to you by PayPal company. When you enable the PayPal function, PayPal company will collect your PayPal account email address, name and bank card type/number/valid period. When you use PayPal to pay, the company will also collect your payment records for query. Refusing to provide such information may result in your being unable to use the PayPal function, but does not affect your normal use of DMSS’s other functions.
2.12 The DMSS credit card payment service is provided to you by the corresponding bank of your card. When you enable the credit card payment function, the bank will collect your reserved email address, credit card type, number, valid period and cvc. When you use credit card to pay, the bank will also collect your payment records for query. Refusing to provide such information may result in your being unable to use the credit card payment function, but does not affect your normal use of DMSS’s other functions.
2.13 The third party services in DMSS service is provided by external third party entities, and DMSS cannot obtain the information generated by you when using such third party services. At present, DMSS will not actively obtain your personal information from a third party. If there is a requirement to obtain your personal information indirectly from a third party for future business development purposes, we will clarify with you the source, type and scope of such personal information, For example, if the processing of personal information for a specific development is beyond the scope of what you originally agreed to provide to a third party, we will obtain your prior express consent before processing your personal information, and we will strictly abide by the relevant laws and regulations and require that the third party guarantees the legitimacy of the information provided.
3. About how we process your information
We process your information with the following purpose：
3.1 To provide or improve our service
We use the information we collect to provide or improve services provided by us, our partners, or other trusted third-party vendors, such as providing, evaluating, improving, or upgrading services; participating in market research activities related to our services, developing new services, providing customer support, etc. To improve the services, we may also analyze product usage, but these statistics will not include any of your identifiable personal information.
3.2 To keep in connection with you
We may also send important notifications to you, such as changes in our relevant terms, conditions and policies. Since this information is very important for you to communicate with us, it is suggested that you receive and read such information.
3.3 To protect your rights
We may use your information for authentication, customer service, security, fraud monitoring, credit analysis, in order to prevent, discovery, investigation of fraud, endangering the safety of illegal or breach of our agreement, policies or rules, to protect you, we, partners and other trusted third party suppliers, service providers, agents and the lawful rights and interests of the public.
3.4 For legal reasons
We will share your personal information, if it is necessary to access, use, retain or disclose the relevant information for legal reasons, such as:
Required by laws or mandatory government rules;
To protect you or the public's rights, property or safety as the law required.
3.5 Other ways as you permitted
4. About how we storage your information
4.1 Where Information is Stored
We will act in accordance with laws and regulations to store personal information collected in the relevant local jurisdiction.
4.2 The Duration Storing Information
In general, we will only keep your personal information for the time necessary to achieve a specific purpose, for example:
Email address: When you use DMSS service, we will need to store your email address to ensure your normal use of the service; when you delete your DMSS account, we will delete the corresponding information;
In the event where we cease our products or services, we will notify you and delete your personal information or anonymize such information within a reasonable period of time.
When you have not used the service for 3 years, we will delete your personal information and we will notify you 3 months before deleting or anonymize your personal information in the form of push notifications, announcements, etc., for example we will send an email to inform you.
5. External Parties
At present, we will not actively share or transfer your personal information to a third party. If there are other circumstances in which your personal information is to be shared or transferred, we will obtain your prior express consent.
We will not publicly disclose personal information collected by us. If we have to disclose such information publicly, we will inform you of the purpose of such disclosure, type of information disclosed and the sensitive information that may be involved, and obtain your prior express consent.
As our business continues to develop, we may engage in mergers, acquisitions, transfers of assets, etc. We will inform you of such circumstances and continue to protect your personal information and require new controllers to continue to protect your personal information in accordance with the laws and regulations and the standards as strict as required by this Privacy Policy.
6. Your rights as data subject
6.1 Access Personal Information
If you want to access your headshot, user name, email address and other basic information, or video, image, order, device and other service information, you can access your information by tapping on related function button through Me->Log in .
6.2 Deleting Personal Information
If you want to delete the basic information such as email address, and password, or service information such as video, image, cloud record and alarm, you can delete your information by tapping on related data clear function button through Me->Log in.
6.3 Amending Your Personal Information
If you want to change your nickname, email address, country/region, etc., enter DMSS, tap on related function button.
6.4 Withdraw Consent
If you want to disable user experience program and alarm information, you can enter DMSS and tap on corresponding close button to turn it off.
6.5 Account Delete
If you want to delete DMSS Account, you can enter DMSS and tap on corresponding logout button to log out your personal account. After you log out, your personal information will be deleted or anonymized.
6.6 Right to object
Where we process your Personal Data based upon our legitimate interest (or that of a third party), you have the right to object to this processing on grounds relating to your particular situation if you feel it impacts on your fundamental rights and freedoms. We will comply with your request unless we have compelling legitimate grounds for the processing which override your rights and freedoms, or where the processing is in connection with the establishment, exercise or defense of legal claims.
6.7 Request restriction of processing of your personal data
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
6.8 Request the transfer of your personal data to you or to a third party
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
6.9 Feedback
If you want to contact us, you can enter DMSS and tap on corresponding feedback button to address your feedback on our services.
7. The security of information
We strive to secure users' information to prevent information leakage, improper use, unauthorized access or disclosure.
We use a variety of security measures to ensure the security of information within reasonable security standards.
We have set up specialized management systems, processes and organizations to ensure the security of information.
In the case of information leakage or other incidents involving information security, we will initiate contingency plans to prevent the wide spread of security incidents and inform you in the form of push notifications and announcements.
8. Children’s personal data
Our services are mainly for adults. Children are not allowed to create their own accounts without the consent of the parents or guardians. We only use or disclose the children's personal data when they are explicitly permitted by law, parents or guardians.
9. Third party supplier and their services
To ensure smooth browsing experience, you may receive content or network links from third party supplier (hereinafter referred to as the third party) beside us and our partners. We have no control over such third parties. You can choose whether to access links, contents, and services provided by third parties. We cannot control the privacy and data protection policies of the third parties, and the third parties are not bound by this policy. Before submitting personal information to third parties, please see the privacy policy of these third parties.
We use the services of AWS, Ali Cloud, Azure, Kingsoft Cloud. These services provider and we have implemented adequate technical and organizational measures to protect your Personal Data against unauthorized, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. These security measures have been implemented taking into account the state of the art of the technology, their costs of implementation, the risks presented by the processing and the nature of the Personal Data.
10. How your information is transferred around the world
We will transfer information in compliance with the local law of your jurisdiction. And we have taken the necessary measures to ensure that your information is processed in conformity with the applicable laws and appropriate technical security measures are adopted to safeguard your privacy.
11. How privacy policy updates
We retain the right to update or modify this policy.
We will send you an individual notification (such as e-mails) to remind you of that changes.
12. Contacting us
To ask questions or comment about this Privacy Policy and our privacy practices, please contact our Data Protection Officer via phone at +86 571-8996-2739, through email at DH_Privacy@dahuatech.com, or by mail at:
Zhejiang Dahua Technology Co., Ltd
A10, Bin’An Road 1199, Binjiang District,
Hangzhou, Zhejiang Province, P.R. China
310053
C/O: Data Protection Officer
13. Please notice that
In the event of a dispute between the Chinese and any non-Chinese versions, the Chinese version of this policy shall govern, to the extent not prohibited by local law in your jurisdiction.
Last updated: November 6, 2019
Preamble
This DMSS Privacy Policy (“Privacy Policy”) only applies to the processing of personal data related to the products or services of DMSS.
This Privacy Policy governs each website, mobile site, application, and/or other products or services in relation to DMSS provided by Zhejiang Dahua Technology Co., Ltd (“Dahua”),(“DMSS”,“we”, “us”, or “our”), acting as a data controller.
This Privacy Policy is to describe what information we collect, use, store, and how we disclose, process and protect them as well as your choice of accessing, updating, controlling your information we provided along with any other rights you are entitled to. Please read it carefully before using our services and as instructed by Privacy Policy, make your own choice if necessary. By accessing or using our services, you acknowledge that you have read, understand and agree to our collection, storage, use and disclosure of your information as described in this Privacy Policy.
1. Scope
This Privacy Policy applies to all services we provide, excluding some specific services, which will be governed together with supplementary policies or notices. Such supplementary policies consist part of Privacy Policy. If there is any inconsistency, the supplementary ones shall prevail
if issued after the last updated date of this Privacy Policy. Except as otherwise expressly stated in this Privacy Policy, this Privacy Policy does not apply to situations where a third party independently provides services to you through our services, such as websites that may include the services we offer or in other third parties’ sites that has a link to our services. Please note that if you use such third party products and/or services and provide your personal information, your information will be handled in compliance with that third party's privacy statement or similar policies. We take no responsibilities when your information was misused or improperly disclosed in such occasions.
2. The Information We Collect
In the process of using DMSS service, DMSS will, in accordance with the following ways, collect information provided by you during the use of the service or information generated by the use of the service, in order to provide such services to you, to optimize our services and protect your account security:
2.1 When you register with DMSS service, we will collect your country/region, user password, email address, etc. in order to assist you completing DMSS registration and to protect your DMSS account security. If you do not provide such information, you may not be able to use our services properly. Besides you can use the account cancellation function on mobile client to clear personal information such as email address and password.
2.2 When you use DMSS’s service（including DMSS cloud services）, in order to ensure the normal use of our services, we will collect information such as your device model, unique identifier, IP address, MAC address, software version, network access mode & type, latitude & longitude (if supported), accelerator (gravity-activated device) and operation logs. Such information is required to provide you with DMSS’s service and are basic information which must be collected.
2.3 When you use client login functions, in order to provide you with the basic service of DMSS platform, we will collect your email address, password, GPS and terminal information. Refusing to provide GPS and terminal information may only result in your being unable to use the better service, but does not affect your normal use of DMSS’s other functions. Refusing to provide email address and user password may only result in your being unable to use the login functions, but does not affect your normal use of DMSS’s other functions under the guest mode. In addition, you can always turn off the relevant features and clear your personal information in that feature. We will not reveal and disclose your personal information to any third party without your permission.
2.4 When you use custom image uploading functions, we will obtain your consent prior to recording your local file resources (local album for mobile client), for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can modify the uploaded images at any time on the client. The resources will be released once you exit this function and it will not actively collect user information.
2.5 When you use alarm subscription functions, we will obtain your consent prior to recording your client unique characteristic value, for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your client unique characteristic value information within that feature.
2.6 When you use modifying country/region functions, we will obtain your consent prior to recording your country/region information, for the purpose of providing you with such service. Refusing to provide such information may only result in your being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your country/region information within that feature.
2.7 When you use Feedback functions, we will obtain your consent prior to recording your email information, for the purpose of replying some user feedbacks. Refusing to provide such information may only result in your being unable to receive reply on your feedback, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your email address information within that feature.
2.8 When you use modifying password functions, we will obtain your consent prior to recording your password information, for the purpose of providing you with such service. Refusing to provide such information may only result in you being unable to use the above functions, but does not affect your normal use of DMSS’s other functions. In addition, you can always turn off the relevant features and clear your password information within that feature.
2.9 When you use initializing device on client functions, we will obtain your consent prior to recording your Mac, IP, SN, device name, type, latitude & longitude, registration time, channel, online/offline and configuration (time zone, alarm, etc.), for the purpose of providing you with basic service of DMSS platform. Refusing to provide such information may only result in your being unable to use the device online functions, but does not affect your normal use of DMSS’s other functions. In addition, after you unbind the device on the client, all the device information will be anonymous.
2.10 When you use user experience program functions, in order to provide humanized service in the future, we will collect your use frequency of modules in the DMSS application. The whole collection and processing course will be anonymized. Refusing to provide such information may only result in your being unable to use the user experience program, but does not affect your normal use of DMSS’s other functions. In addition, information collection will be stopped once you exit this function.
2.11 The DMSS paypal service is provided to you by PayPal company. When you enable the PayPal function, PayPal company will collect your PayPal account email address, name and bank card type/number/valid period. When you use PayPal to pay, the company will also collect your payment records for query. Refusing to provide such information may result in your being unable to use the PayPal function, but does not affect your normal use of DMSS’s other functions.
2.12 The DMSS credit card payment service is provided to you by the corresponding bank of your card. When you enable the credit card payment function, the bank will collect your reserved email address, credit card type, number, valid period and cvc. When you use credit card to pay, the bank will also collect your payment records for query. Refusing to provide such information may result in your being unable to use the credit card payment function, but does not affect your normal use of DMSS’s other functions.
2.13 The third party services in DMSS service is provided by external third party entities, and DMSS cannot obtain the information generated by you when using such third party services. At present, DMSS will not actively obtain your personal information from a third party. If there is a requirement to obtain your personal information indirectly from a third party for future business development purposes, we will clarify with you the source, type and scope of such personal information, For example, if the processing of personal information for a specific development is beyond the scope of what you originally agreed to provide to a third party, we will obtain your prior express consent before processing your personal information, and we will strictly abide by the relevant laws and regulations and require that the third party guarantees the legitimacy of the information provided.
3. About how we process your information
We process your information with the following purpose：
3.1 To provide or improve our service
We use the information we collect to provide or improve services provided by us, our partners, or other trusted third-party vendors, such as providing, evaluating, improving, or upgrading services; participating in market research activities related to our services, developing new services, providing customer support, etc. To improve the services, we may also analyze product usage, but these statistics will not include any of your identifiable personal information.
3.2 To keep in connection with you
We may also send important notifications to you, such as changes in our relevant terms, conditions and policies. Since this information is very important for you to communicate with us, it is suggested that you receive and read such information.
3.3 To protect your rights
We may use your information for authentication, customer service, security, fraud monitoring, credit analysis, in order to prevent, discovery, investigation of fraud, endangering the safety of illegal or breach of our agreement, policies or rules, to protect you, we, partners and other trusted third party suppliers, service providers, agents and the lawful rights and interests of the public.
3.4 For legal reasons
We will share your personal information, if it is necessary to access, use, retain or disclose the relevant information for legal reasons, such as:
Required by laws or mandatory government rules;
To protect you or the public's rights, property or safety as the law required.
3.5 Other ways as you permitted
4. About how we storage your information
4.1 Where Information is Stored
We will act in accordance with laws and regulations to store personal information collected in the relevant local jurisdiction.
4.2 The Duration Storing Information
In general, we will only keep your personal information for the time necessary to achieve a specific purpose, for example:
Email address: When you use DMSS service, we will need to store your email address to ensure your normal use of the service; when you delete your DMSS account, we will delete the corresponding information;
In the event where we cease our products or services, we will notify you and delete your personal information or anonymize such information within a reasonable period of time.
When you have not used the service for 3 years, we will delete your personal information and we will notify you 3 months before deleting or anonymize your personal information in the form of push notifications, announcements, etc., for example we will send an email to inform you.
5. External Parties
At present, we will not actively share or transfer your personal information to a third party. If there are other circumstances in which your personal information is to be shared or transferred, we will obtain your prior express consent.
We will not publicly disclose personal information collected by us. If we have to disclose such information publicly, we will inform you of the purpose of such disclosure, type of information disclosed and the sensitive information that may be involved, and obtain your prior express consent.
As our business continues to develop, we may engage in mergers, acquisitions, transfers of assets, etc. We will inform you of such circumstances and continue to protect your personal information and require new controllers to continue to protect your personal information in accordance with the laws and regulations and the standards as strict as required by this Privacy Policy.
6. Your rights as data subject
6.1 Access Personal Information
If you want to access your headshot, user name, email address and other basic information, or video, image, order, device and other service information, you can access your information by tapping on related function button through Me->Log in .
6.2 Deleting Personal Information
If you want to delete the basic information such as email address, and password, or service information such as video, image, cloud record and alarm, you can delete your information by tapping on related data clear function button through Me->Log in.
6.3 Amending Your Personal Information
If you want to change your nickname, email address, country/region, etc., enter DMSS, tap on related function button.
6.4 Withdraw Consent
If you want to disable user experience program and alarm information, you can enter DMSS and tap on corresponding close button to turn it off.
6.5 Account Delete
If you want to delete DMSS Account, you can enter DMSS and tap on corresponding logout button to log out your personal account. After you log out, your personal information will be deleted or anonymized.
6.6 Right to object
Where we process your Personal Data based upon our legitimate interest (or that of a third party), you have the right to object to this processing on grounds relating to your particular situation if you feel it impacts on your fundamental rights and freedoms. We will comply with your request unless we have compelling legitimate grounds for the processing which override your rights and freedoms, or where the processing is in connection with the establishment, exercise or defense of legal claims.
6.7 Request restriction of processing of your personal data
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
6.8 Request the transfer of your personal data to you or to a third party
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
6.9 Feedback
If you want to contact us, you can enter DMSS and tap on corresponding feedback button to address your feedback on our services.
7. The security of information
We strive to secure users' information to prevent information leakage, improper use, unauthorized access or disclosure.
We use a variety of security measures to ensure the security of information within reasonable security standards.
We have set up specialized management systems, processes and organizations to ensure the security of information.
In the case of information leakage or other incidents involving information security, we will initiate contingency plans to prevent the wide spread of security incidents and inform you in the form of push notifications and announcements.
8. Children’s personal data
Our services are mainly for adults. Children are not allowed to create their own accounts without the consent of the parents or guardians. We only use or disclose the children's personal data when they are explicitly permitted by law, parents or guardians.
9. Third party supplier and their services
To ensure smooth browsing experience, you may receive content or network links from third party supplier (hereinafter referred to as the third party) beside us and our partners. We have no control over such third parties. You can choose whether to access links, contents, and services provided by third parties. We cannot control the privacy and data protection policies of the third parties, and the third parties are not bound by this policy. Before submitting personal information to third parties, please see the privacy policy of these third parties.
We use the services of AWS, Ali Cloud, Azure, Kingsoft Cloud. These services provider and we have implemented adequate technical and organizational measures to protect your Personal Data against unauthorized, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. These security measures have been implemented taking into account the state of the art of the technology, their costs of implementation, the risks presented by the processing and the nature of the Personal Data.
10. How your information is transferred around the world
We will transfer information in compliance with the local law of your jurisdiction. And we have taken the necessary measures to ensure that your information is processed in conformity with the applicable laws and appropriate technical security measures are adopted to safeguard your privacy.
11. How privacy policy updates
We retain the right to update or modify this policy.
We will send you an individual notification (such as e-mails) to remind you of that changes.
12. Contacting us
To ask questions or comment about this Privacy Policy and our privacy practices, please contact our Data Protection Officer via phone at +86 571-8996-2739, through email at DH_Privacy@dahuatech.com, or by mail at:
Zhejiang Dahua Technology Co., Ltd
A10, Bin’An Road 1199, Binjiang District,
Hangzhou, Zhejiang Province, P.R. China
310053
C/O: Data Protection Officer
13. Please notice that
In the event of a dispute between the Chinese and any non-Chinese versions, the Chinese version of this policy shall govern, to the extent not prohibited by local law in your jurisdiction.
Last updated: November 6, 2019
eleV^te79
n3wb
- Joined
- Nov 13, 2017
- Messages
- 28
- Reaction score
- 3
What’s Troubling is they state that they need to “collect and use your privacy information” such as MAC address. Doesn’t sound right to me .
If you're using their service to relay video, they're going to have the MAC address of your devices already, no? I'm curious why it's an issue having the company that you bought your cameras from having your MAC addresses?
eleV^te79
n3wb
- Joined
- Nov 13, 2017
- Messages
- 28
- Reaction score
- 3
“Collect and use” use for what ? What info do we need to “collect and use” between breaches and information sold I’m just curious.
However they see fit. It's like capturing a license plate number. This is no different than any terms as set forth by Apple, Amazon, Ring, etc. This is all pretty basic stuff.
I guess if it seems shady to you, you can always stop using their service. You haven't paid anything for it so no loss, right?