1. SCOPE OF APPLICATION OF THE MCA SYSTEMS SAS PERSONAL DATA PROCESSING POLICY, Colombian company identified under NIT 900.382.317-2, with address at Calle 86 # 42D-90, Barranquilla, Atlántico, Colombia, in order to respect the intimacy and privacy of the holders of the personal data that are stored in its databases and files, as well as to comply with current regulations regarding the protection of personal data in the terms indicated by Law 1581 of 2012, hereinafter MCA SYSTEMS SAS, as RESPONSIBLE FOR THE TREATMENT OF PERSONAL DATA, informs its interest group, identified as EMPLOYEES, INTERNSHIPS, CANDIDATES FOR A VACANCY, SUPPLIERS OF GOODS AND SERVICES, CUSTOMERS, DISTRIBUTORS, END CONSUMER, PROSPECTS, INSTALLERS,COMMERCIAL ALLIES and in general to all natural persons who provide or have provided their personal data the content of this PERSONAL DATA TREATMENT POLICY.

 

2. DEFINITIONS.

In order to help determine in a simple way the meaning of the technical word frequently used in the matter of personal data protection, any owner of personal data of which  MCA SYSTEMS SAS , holds the quality of  RESPONSIBLE FOR THE TREATMENT OF PERSONAL DATA , must understand the following terms like this:

• Authorization: Prior, express and informed consent of the Holder to carry out the processing of personal data. (Source: Statutory Law 1581 of October 17, 2012).
• Database: Organized set of personal data that is subject to Treatment. (Source: Statutory Law 1581 of October 17, 2012).
• Consent of the owner: It is a manifestation of the will, informed, free and unequivocal, through which the owner of the personal data accepts that a third party use their information for commercial purposes.
• Queries: The Holders or their successors in title may consult the Holder’s personal information that resides in any database, be it the public or private sector. The person in charge of the Treatment or Person in Charge of the Treatment must provide them with all the information contained in the individual registry or that is linked to the identification of the Holder. (Source: Statutory Law 1581 of October 17, 2012).
• Personal data: Refers to the information of natural persons (identified or identifiable), relative both to their identity (name and surname, address, affiliation, etc.) and to their existence and occupations (studies, work, illnesses, etc.)
• Public Data: It is the data classified as such according to the mandates of the law or the Political Constitution and all those that are not semi-private or private, in accordance with this law. The data contained in public documents, duly enforceable judicial decisions that are not subject to reservation, and those relating to the civil status of individuals are public, among others. (Source: Statutory Law 1266 of 2008).
• Semi-private Data: The data that is not intimate, reserved, or public in nature and whose knowledge or disclosure may interest not only its owner but also a certain sector or group of people or society in general, such as the financial and credit data of commercial or service activity referred to in Title IV of this law. (Source: Statutory Law 1266 of 2008).
• Private Data: It is the data that due to its intimate or reserved nature is only relevant for the owner. (Source: Statutory Law 1266 of 2008).
• Sensitive data: For the purposes of this policy, sensitive data is understood to be those that affect the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious convictions. or philosophical, membership of unions, social organizations, human rights or that promotes the interests of any political party or that guarantee the rights and guarantees of opposition political parties as well as data related to health, sexual life and data biometrics.
• In charge of the treatment: He is the one who manipulates the personal data, but does not decide how, or for what purpose. Their work is operational and is carried out based on the indications and instructions of the person responsible for the treatment.
• Habeas Data: It is the right that every owner of information has to know, update, rectify or oppose the information concerning their personal data.
• Protection of personal data: It is a fundamental right that all natural persons have. Seeks the protection of your intimacy and privacy against a possible violation due to the improper treatment of personal data captured by a third party.
• Claim: The Holder or his successors in title who consider that the information contained in a database should be subject to correction, updating or deletion, or when they notice the alleged breach of any of the duties contained in this law, they may file a claim with the Responsible for the Treatment or the Person in Charge of Treatment. (Source: Statutory Law 1581 of October 17, 2012).
• Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the Treatment of the data. (Source: Statutory Law 1581 of October 17, 2012.
• Treatment: Any physical or automated operation or procedures that allows to capture, record, reproduce, conserve, organize, modify, transmit personal data.
• Data processing: As a general rule, the consent of the owner of the personal data is required in order to carry out any processing of their data.
• Owner of personal data: It is the natural person whose personal data is processed by a third party.

 

3. EXERCISE OF THE RIGHTS OF THE HOLDER.

If you as the owner of personal data wish to consult, claim, modify, update, rectify, delete or revoke the authorization granted regarding the processing of your data, you can contact us through the channels that we have arranged for this purpose, which are identified below: web page, which is accessed through the electronic address  http://www.horussmartcontrol.com/contacto  likewise, the query or claim may be made via email by directing your communication to the following electronic address:  [email protected] or direct your physical communication to the address of THE RESPONSIBLE FOR THE TREATMENT located at Calle 86 # 42D-90, Barranquilla, Atlántico, Colombia. You must include in the “subject” of your communication the term “HABEAS DATA CONSULTATION OR CLAIM”.

4. PRIVACY POLICY RELATING TO THE PROCESSING OF PERSONAL DATA.

This policy will help data holders such as EMPLOYEES, INTERNSHIPS, CANDIDATES FOR A VACANCY, SUPPLIERS OF GOODS AND SERVICES, DISTRIBUTOR CUSTOMERS, END CONSUMERS, PROSPECTS, INSTALLERS, BUSINESS ALLIES, and in general any data holder who is In our databases and files, to understand what type of data we will use, the conditions in which MCA SYSTEMS SAS will treat all personal data that is provided to us personally, directly and indirectly.

MCA SYSTEMS SAS will comply at all times with current regulations on the protection of personal data, will guarantee the exercise of habeas data rights of all holders of personal data found in its databases and files, will develop technical controls, legal, procedural and organizational tending to establish security conditions, according to the current state of the art, in order to avoid access, loss, adulteration and fraudulent use of the data.

5. CHANGES IN THE POLICY.

MCA SYSTEMS SAS, informs that, in the event of introducing changes to this privacy policy, these will be published at the following electronic address:  http://www.horussmartcontrol.com/legal. The foregoing in order to keep all holders of personal data informed and updated on the conditions of use of their data. If you, as the owner of personal data, do not agree with the changes made in the personal data protection policy, we ask you to exercise your right to habeas data according to the channels established in the second point of this policy.

6. GUIDING PRINCIPLES OF DATA PROTECTION

MCA SYSTEMS SAS, is committed to maintaining the freedom, integrity, transparency, confidentiality, veracity and availability of the personal data of WORKERS, PRACTITIONERS, CANDIDATES FOR A VACANCY, SUPPLIERS OF GOODS AND SERVICES, CUSTOMERS, DISTRIBUTORS, FINAL CONSUMER, PROSPECTS, INSTALLERS , BUSINESS ALLIES and any other natural person who maintains their data in our databases and files. MCA SYSTEMS SAS, guarantees the application of the general principles for the treatment of this type of data, contemplated in Law 1581 and regulatory decrees.

7. CONSENT AND REVOCATION.

MCA SYSTEMS SAS informs that, through the free, prior, express and informed authorization, you as the owner of personal data, authorize that your personal data be captured, stored, transmitted, used, updated, circulated and in general treated according to the purposes that are listed in this policy.

Any owner of personal data may at any time revoke their consent for the processing of their data, provided that it is legally and / or contractually permitted, by sending a communication and / or request through the channels that appear in the third point » exercise of the rights of the owner ”of this policy, providing a copy of their identification document (ID and / or passport) in order to prove their identity.

8. TREATMENTS AND PURPOSES APPLIED TO PERSONAL DATA

You, as the owner of personal data, by means of your prior, express and informed authorization, accept that your data be collected, stored, used, circulated and generally processed for the purposes described in this section.

This is how  MCA SYSTEMS SAS , informs the purposes of processing personal data that will apply in general to anyone who holds the status of owner of personal data found in our databases and files:

1. In the event of substantial changes in the information processing policies of  MCA SYSTEMS SAS, it will inform the holders of personal data through our website  http://www.horussmartcontrol.com/legal
2. Respond to requests, queries and complaints made through any of the channels made available by MCA SYSTEMS SAS, to exercise the right to habeas data.
3. Confront the personal information provided by the owner with public databases, central and risk prevention systems, specialized companies, references and contacts in order to carry out confirmation activities.
4. Transfer or transmit personal data to entities and / or judicial and / or administrative authorities, when they are required in relation to their purpose and necessary for the fulfillment of their functions.

As specific purposes for the different holders of personal information found within the databases and files of MCA SYSTEMS SAS, are the following:

8.1 PURPOSES FOR EMPLOYEES, INTERNSHIPS AND CANDIDATES FOR VACANCIES.

MCA SYSTEMS SAS, will be responsible for the handling of personal data provided by the workers and in the same way for the use and protection of these. The personal data that we collect from workers and practitioners will be used to:

1. Establish and manage the recruitment, selection and hiring process carried out by MCA SYSTEMS SAS
2. Carry out tests and other evaluations that are deemed appropriate in order to identify the relevance of hiring the person as a worker of MCA SYSTEMS SAS
3. Incorporate your personal data in the employment contract, as well as in the other documents that are necessary to manage the employment relationship and obligations derived from it.
4. Manage the personal data of the owner and those of his family nucleus to carry out affiliation procedures with health providers -EPS-, family compensation funds, labor risk administrators -ARL-, and other necessary so that MCA SYSTEMS SAS, complies your duty as an employer.
5. Comply with the obligations derived from the employment relationship that has been entered into.
6. Respond to the worker before requests for the issuance of certificates, certificates and other documents requested from MCA SYSTEMS SAS, as a cause of the contractual labor relationship.
7. Manage personal data to make the correct payment of the payroll, including the realization of discounts for payments to third parties that the WORKER has previously authorized.
8. Evaluate the performance and results derived from the employment relationship.

Regarding the candidates for vacancies within MCA SYSTEMS SAS, it is reported that the personal data collected during the selection process will be treated according to the following purposes:

1. Establish and manage the recruitment, selection and hiring process carried out by MCA SYSTEMS SAS
2. Treat personal data to perform – when required – performance, skills and abilities tests, home visits, psychosocial evaluations, and all the others that it generates by virtue of defining an employment relationship.

The personal data of candidates for a vacancy will be stored in a physical and / or digital file or folder that will be identified with the name of Selection, which will be kept for a maximum of SIX (6) months. Once this term has expired, the information will be eliminated or suppressed. The file or folder may be accessed by MCA SYSTEMS SAS or by the person in charge of the selection process and pre-contractual management.

8.2 SUPPLIERS OF GOODS AND / OR SERVICES.

MCA SYSTEMS SAS understands that the personal data of third parties that you provide, such as workers authorized to carry out the management or service entrusted, references and commercial certifications, have the authorization of the owners to be delivered and treated in accordance with the present personal data treatment policy. The personal data that we collect from suppliers, their workers or dependents, are necessary to:

1. Collect, register, update and maintain your personal data in order to inform, communicate, organize, control, attend to, accredit the activities in relation to your status as supplier and contractor personnel of MCA SYSTEMS SAS
2. Analyze financial, technical and other aspects that allow MCA SYSTEMS SAS to identify the supplier’s compliance capacity.
3. Develop and apply processes of selection, evaluation, preparation of responses to a request for information, prepare requests for quotations and proposals, and / or award of contracts.
4. Manage the data to carry out the invoice payment processes and collection accounts presented to MCA SYSTEMS SAS
5. Fulfill the obligations derived from the commercial relationship that is established.
6. Send through any means of communication, electronic or physical, known or to be known, information required within the commercial link, general information, notifications of a general, commercial and / or marketing nature related to the products and services offered by MCA SYSTEMS SAS
7. Eventually MCA SYSTEMS SAS may share with third parties, some of your personal identification data, such as name, surname, ID, cell phone number or landline, or address.

MCA SYSTEMS SAS, understands that your personal data and those of third parties that you provide, such as workers authorized to carry out the management or service entrusted, references and commercial certifications, have the authorization of the owners to be delivered and treated in accordance to this personal data treatment policy.

 

8.3 DISTRIBUTOR CLIENTS, END CONSUMER, PROSPECTS AND BUSINESS ALLIES

The personal data that we collect from our clients, be they distribution clients, end consumers, prospects and business partners are necessary to:

1. Register it in our databases and files.
2. Collect, register and update your personal data in order to inform, communicate, organize, control, attend, accredit the activities in relation to your status as a client of MCA SYSTEMS SAS
3. Incorporate your personal data in invoices, as well as in the other documents that are necessary to manage the commercial relationship and obligations derived from it that are in charge of MCA SYSTEMS SAS, as RESPONSIBLE FOR THE TREATMENT OF PERSONAL DATA.
4. Respond to requests or requests for information about our products.
5. Contact you when requested.
6. Register, safeguard and eventually publish your personal data as a winner of prizes in marketing activities developed by MCA SYSTEMS SAS, either on its web portal or on the social networks in which the contest or marketing and loyalty activities have been managed. by MCA SYSTEMS SAS
7. Send by any physical or electronic means, known or to be known, information of a commercial, marketing, promotional and event nature about the products provided by MCA SYSTEMS SAS
8. Eventually MCA SYSTEMS SAS may share with third parties, some of your personal identification data, such as name, surname, ID, cell phone number or landline, or address.

 

8.4 HORUS CERTIFIED INSTALLERS

MCA SYSTEMS SAS will capture the data of its certified installers that are relevant and necessary to manage the training in product installation and facilitate them so that they are contacted by third parties (final consumer and / or prospects), this is how the personal data that we collect are needed to:

1. Include it in the database or files as a certified HORUS Installer.
2. Provide technical training that grant you the quality of certified HORUS Installer for the installation of products manufactured or marketed by MCA SYSTEMS SAS
3. Publish your personal data on the MCA SYSTEMS SAS web portal identifying you as a certified technician, which will allow third parties and end consumers to contact you to provide the service.
4. Carry out performance evaluations, which may be carried out directly or through third parties and end consumers, which may be kept internally in the entity, as well as published on the MCA SYSTEMS SAS web portal
5. SHARE PERSONAL DATA WITH THIRD PARTIES

Considering that eventually MCA SYSTEMS SAS shares with third parties, some of the personal data of those involved within its interest group and any other natural person who maintains their personal data in our databases and files, including identification data, such such as name, surname, identity card, cell phone number or landline, or home address; MCA SYSTEMS SAS informs that it provides this information when its advisors and consultants are required to comply with the procedures entrusted to them, for which it informs that it is carried out based on confidentiality agreements through which the reservation of information and due compliance with this Personal Data Treatment Policy.

 

10. SPECIAL REQUIREMENTS FOR THE TREATMENT OF CERTAIN PERSONAL DATA.

10.1. Sensitive Data: Our current regulations on the protection of personal data consider as sensitive data, «those that affect the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social or human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, life sex and biometric data ”.

Regarding the sensitive data on which MCA SYSTEMS SAS eventually collects or stores, among these and without limitation, biometric data, union affiliation, health data, it will carry out its treatment in compliance with the following objectives:

• Implement special attention and reinforce their responsibility for the treatment of this type of data, which translates into a greater demand in terms of compliance with the principles and duties established by current regulations on data protection.
• Establish the levels of technical, legal and administrative security to treat this information appropriately.
• Increase access and use restrictions by workers and suppliers of MCA SYSTEMS SAS

 

10.2. Personal data of minors: Regarding the processing of personal data of children and adolescents that MCA SYSTEMS SAS applies, it will be carried out always respecting the following requirements:

• Always respond to and respect the best interests of children and adolescents.
• Always ensure respect for their fundamental rights on the part of the person in charge.
• That as far as possible such treatment is carried out taking into account the opinion of the minor holders of personal information, considering the following factors: (i) Maturity, (ii) Autonomy, (iii) Ability to understand the purpose of said treatment. (iv) Explain the consequences of the treatment.

The assessments of the above characteristics will not be carried out by MCA SYSTEMS SAS, in general. MCA SYSTEMS SAS, or any manager or third party involved in the processing of the personal data of minors, must always ensure the proper use of this type of personal data. The owners of personal data, in accordance with current regulations regarding the protection of personal data, are not obliged to authorize the processing of their sensitive data; However, in cases where such data is necessary, MCA SYSTEMS SAS, must obtain the explicit consent of the processing of such data by their parents, representatives or guardians.

10.3. Personal data from social networks: The data from social networks, such as FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN are independent legal entities therefore these digital platforms are not under the responsibility of MCA SYSTEMS SAS

In the event that MCA SYSTEMS SAS requires the use of this personal data, it must request each owner’s prior, informed and express consent regarding the authorization for its treatment.

11. INFORMATION SECURITY MEASURES

In development of the security principle established in Law 1581 of 2012, MCA SYSTEMS SAS as RESPONSIBLE FOR THE TREATMENT has adopted the necessary technical, legal and administrative measures to guarantee the security of personal information and in this way avoid adulteration, loss, unauthorized or fraudulent consultation, use or access.

MCA SYSTEMS SAS has procedures and technological tools that allow a secure management of the information collected, it has the means of verification regarding compliance with this Personal Data Treatment Policy, as well as contingency plans aimed at maintaining the continuity of the operation, which in turn allow you to manage situations that may put the information collected at risk.

Here is a list of some of the security measures implemented, which include:

1. Training of the Company’s personnel on the protection of personal data, the Personal Data Treatment Policy and the security mechanisms for the treatment of these.
2. Procedures, rules and corporate guidelines aimed at guaranteeing the level of security as effective internal policies.
3. Labor, commercial and civil contracts signed in which the appropriate clauses for the processing of personal data and confidentiality are included.
4. Restriction of physical and logical access to our employees, dependents, subordinates and contractors, regarding the personal information that is kept on the different categories of the interest group, granting only access that they need to know and manage under strict confidentiality obligations, with knowledge of who can be sanctioned or fired if they do not comply with these obligations and prohibitions.
5. Access controls to physical information.
6. Data backup and recovery procedures. Backups.
7. Information access controls through secure passwords.
8. Notification, management and response procedure for incidents.
9. Annual internal audit program on compliance with the personal data protection management program.
10. We have the implementation of «Perimeter Security Equipment»
11. Own equipment is physically protected in a safe place.

 

12. VALIDITY.

This privacy policy has been in effect since January 02, 2016.

Final user

 

This agreement applies to software and applications associated with certain products provided by MCA Systems SAS (Horus). By using the software that is included in any Horus product («Product»), downloaded from Horus, or any other Horus software or application (collectively the «Software»), you agree to the terms of this End User License Agreement ( «AGREEMENT») Between you and Horus. If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to sign this AGREEMENT on behalf of the organization and that the organization agrees to be bound by all terms of this AGREEMENT. You also represent that you are of sufficient legal age in your jurisdiction or area of ​​residence to use or access the software and to enter into this Agreement.IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE THE LEGAL ABILITY OR AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF THE ORGANIZATION, YOU MAY NOT USE THE PRODUCT SOFTWARE.

 

1.WEB PAGE.

You may also access certain Software or related services from the website located at www.horussmartcontrol.com and any other related Horus website (collectively the «Website»). The services accessed through the Website or the software or applications that can be downloaded to your Product, mobile device, tablet, personal computer or other device (collectively the «Services») are governed by the available Terms of Use. at www.horussmartcontrol.com/legal. Any information you provide to Horus or that is collected through the Product is governed by the terms of the Horus Privacy Policy located at www.horussmartcontrol.com/legal Your purchase of the Product is governed by Horus’ limited warranty, the terms of which They are provided with the Product and are located at www.horussmartcontrol.com / warranty. The terms and conditions of this Agreement describe the authorized uses and users of the Software.

 

2. GRANT OF LICENSE

Provided that you comply with all the terms and conditions of this AGREEMENT and pay all applicable fees, Horus grants you a limited, non-exclusive, non-transferable, internal license to use the applicable Software granted by this license, in the form of executable object code only, Only for use on the applicable device that you own or control and only for use in conjunction with the applicable Products. All rights of all kinds that are not expressly granted in this AGREEMENT are totally and exclusively reserved to Horus. You may use this Software only as expressly stated in this AGREEMENT. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product or Software,nor help or allow another person to do so. You may not remove or alter any trademarks, logos, copyrights, or other proprietary notices, legends, symbols, or labels on the Software.

 

3.HORUS AND THIRD PARTY INTELLECTUAL PROPERTY

The Software and associated documentation and all copyrights, trade secrets and other intellectual property rights in the world are the exclusive property of Horus and its licensors. Horus and its licensors reserve all rights in the Software not expressly granted to you in this AGREEMENT. The Software is licensed to you, not sold, under this AGREEMENT. There are no licenses implied in this AGREEMENT. Certain articles of independent third-party code may be included in the Software that are subject to the GNU General Public License («GPL») or other open source licenses («Open Source Software»). Open Source Software is licensed under the terms of the license accompanying such Open Source Software.Nothing in this AGREEMENT limits your rights or grants rights that supersede the terms and conditions of any end user license applicable to such Open Source Software. In particular, nothing in this AGREEMENT restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the applicable license. If required by any license for a particular Open Source Software, Horus makes such Open Source Software, and Horus’s modifications to that Open Source Software, available in writing to Horus at the email or mailing address provided. listed below. Any feedback, comment, idea or suggestion that you provide regarding the Products,Software or related services are the property of Horus and may be used, published or incorporated into the Horus Products without your permission.

 

4. HORUS SERVICES AND THIRD PARTY PROVIDERS

Horus provides certain services to users of its products through vendors and subcontractors of its choice at its discretion. This includes, without limitation, digital photography and video storage services that are provided as standard features of most Horus controller products. Standard video storage services allow users to automatically archive up to 1 GB of video material stored on servers maintained by third parties contracted by Horus. When a user’s archived data reaches the 1GB limit, Horus automatically deletes photos and videos on an in-out basis, unless a user has specifically marked video images or photos not to delete them.

 

5.UPDATES

Horus may, from time to time, develop bug fixes, updates and other modifications to improve the performance of the Software («Updates»). You acknowledge that you may need to install Updates to use the Software and that you agree to promptly install any Updates that Horus provides. In addition, you acknowledge that Horus may update the Software without requiring any further consent or action on your part, and you agree that Horus will update the Software, as described above, by connecting it to the Horus server. If you do not want such updates, your solution is to stop using the applicable Internet services in conjunction with the software or to stop using the software altogether.

 

6.TERMS

This AGREEMENT and the license granted under this agreement will be effective on the date you first use the Software or Product and will continue for as long as you own the Product, unless this AGREEMENT is terminated with anteriority. Horus may terminate this AGREEMENT at any time if you fail to abide by any term in this document or do not pay any fees when it is due to Horus. You may terminate this AGREEMENT with written notice to Horus. In the event of any termination of this AGREEMENT or your rights under this agreement, all provisions of this AGREEMENT except your rights under the license grant will survive such termination and you agree to remain bound by these terms. Upon completion, you will no longer be able to use the Software.

 

7. MODIFICATION OF THE AGREEMENT.

HORUS reserves the right to change or alter this license use agreement at any time without prior or subsequent notification. All changes are immediately effective, once published on the website www.horussmartcontrol.com/legal and the end user accepts the terms of the agreement by using the HORUS platform and its current features.

 

8.LIMITATION OF WARRANTY

notwithstanding all otherwise and to the fullest extent permitted by applicable law, horus is offering you the software «as is» without warranty of any kind, unless expressly stated otherwise. to the fullest extent permitted by applicable law, horus further disclaims all other warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement. no oral or written information or advice given by horus or an authorized horus representative shall create a warranty or in any way increase the scope of this warranty. horus does not warrant that the software will be uninterrupted, virus-free or other harmful, timely, secure, or error-free.

 

9. LIMITATION OF LIABILITY

(a) horus shall not be liable to you or any third party for any loss of use, loss of data, loss of profits, or indirect, consequential, exemplary or incidental, special, or punitive damages, related to software. you have been advised of the possibility of such damages, and (b) horus’s total cumulative liability in connection with the software and this agreement, whether by contract or tort or otherwise, shall not exceed in the added part of the rates paid applicable to the products or services related to such lawsuit during the twelve (12) months immediately before the event where this liability will arise or the replacement of defective media or the provision of a similar product, as a discussion of its similar product.the existence of more than one claim will not extend this limit. horus disclaims all liability of any type of horus suppliers, distributors and dealers. horus is not liable for any liability arising from the content provided by you or third parties accessing through the product and / or any material related to such content. you use all information on the product (as defined below), the software and the product at your own discretion and risk. you will be solely liable for (and horus disclaimer) any and all losses, liability or damages, including your hvac system, plumbing, home, product, other peripherals connected to the product, computer, or any home devices, and any mobile devices his house,resulting from the use of product information, product software, or product. some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so some of the exclusions and limitations contained in this agreement may not apply.

 

10. EXPORT RESTRICTIONS AND CONTROLS

You agree to comply with all export and import laws, restrictions and regulations of any applicable COLOMBIAN or foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of such restrictions, laws or regulations, or without having all the necessary approvals. For example, you may not export or re-export any product, software or technical data received from Horus, or any direct product of such products, software or technical data, to any country, party or proscribed entity listed in applicable laws, regulations and rules of the government of COLOMBIA, or any applicable foreign government authority, unless duly authorized. As appropriate,you and Horus shall obtain and bear all expenses and liabilities related to the AGREEMENTS and / or waivers necessary with respect to your own export or re-export of the Software. Information regarding export laws set forth in this document is not necessarily complete, and you should consult the relevant government authority for further information.

The Software is commercial in nature and is a «Commercial Item» as defined in 48 CFR2.101, consisting of «Commercial Computer Software» and «Commercial Computer Software Documentation» as defined in 48 CFR 252.227 – 7014 (a) (5) and 48 CFR 252.227 – 7014 (a) (1), and is used in 48 CFR 12.212 and 48 CFR 227.7202, as applicable. In accordance with 48 CFR 12.212, 48 CFR252.227 – 7015, 48 CFR 227.7202 to 227.7202-4, 48 CFR 52.227-19 and other relevant sections of the United States Code of Federal Regulations, as applicable, the Software and all related publications , commercial computer software and commercial computer software documentation are distributed and licensed to the end users of the Government of Colombia, where appropriate,with only those rights that are granted to all other end users, in accordance with the terms and conditions contained in this AGREEMENT.

 

11.DATA PROTECTION

 Customer security and privacy is our top priority. We understand the importance of your personal data, and we take steps to protect and protect it whenever it is stored on our infrastructure. The General Data Protection Regulation (GDPR) imposes additional requirements for companies that collect or store personal data of residents of the European Union.

Our policies regarding data ownership and protection are focused on giving you the confidence that your data remains safe and under your control. We have established a series of measures to establish that customers and their data are treated in a manner consistent with privacy principles and industry best practices.

In relation to this, please see our Privacy Policy (https://www.horussmartcontrol.com/politica-de-uso-de-datos-personales/) for information on how we collect, use and disclose information from our users. You acknowledge and agree to your use of our Services, the Platform, the Software, the Product and the Website is subject to our Privacy Policy.

 

12. LEGAL GENERALITIES

(A) This AGREEMENT constitutes the entire agreement between you and Horus on the subject matter of this document, and can only be modified by a written amendment signed by you and an authorized Horus executive. (B) Except to the extent applicable law (if any) provides otherwise, this AGREEMENT shall be governed by the laws of Colombia, excluding its conflict of laws provisions. (C) You expressly agree that the jurisdiction for any claim or dispute arising from the use of the Software resides in the courts of Colombia and you consent to the personal jurisdiction thereof. D) This AGREEMENT shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (E) YOU AND HORUS TOGETHER,THEY WAIVE THEIR RIGHTS RESPECTIVE TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM, RELATED TO OR IN ANY WAY RELATED TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT, AND / OR THE RELATIONSHIP THAT IS RELATED TO YOU. AND HORUS. The scope of this waiver is intended to cover any and all disputes that may arise in any court or other tribunal (including, without limitation, contractual claims, tort claims, breach of rights claims, and any other common and statutory law) . THIS WAIVER IS IRREVOCABLE, IT MEANS THAT IT CANNOT BE MODIFIED ORALLY OR IN WRITING, AND THE WAIVER WILL APPLY TO ANY MODIFICATION, RENEWAL,SUPPLEMENT OR MODIFICATION OF THIS AGREEMENT AND RELATED DOCUMENTS OR ANY OTHER DOCUMENT OR AGREEMENT RELATING TO THIS TRANSACTION OR ANY RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as written consent for a trial by the court. (F) If any part of this AGREEMENT is held invalid or unenforceable, such part will be construed as reflecting the original intent of the parties, and the remaining parts will remain in full force and effect, or Horus may, at its discretion, terminate this agreement. (G) The control language of this AGREEMENT is SPANISH. If you have received a translation into another language, it has been provided for your convenience only. (H) A waiver by either party of any term or condition of this AGREEMENT or any breach thereof,in any case, it will not waive such term or condition or any subsequent breach thereof. (I) You may not assign or transfer in any other way by application of the law or otherwise this CONTRACT or any right or obligation in this document. Horus may assign this AGREEMENT to any entity in its sole discretion. (J) This AGREEMENT will be binding and will have effect for the benefit of the parties, their successors and authorized assignees. (K) Neither party will be in default or liable for any delay, failure to perform (other than the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.(I) You may not assign or transfer in any other way by application of the law or otherwise this CONTRACT or any right or obligation in this document. Horus may assign this AGREEMENT to any entity in its sole discretion. (J) This AGREEMENT will be binding and will have effect for the benefit of the parties, their successors and authorized assignees. (K) Neither party will be in default or liable for any delay, failure to perform (other than the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.(I) You may not assign or transfer in any other way by application of the law or otherwise this CONTRACT or any right or obligation in this document. Horus may assign this AGREEMENT to any entity in its sole discretion. (J) This AGREEMENT will be binding and will have effect for the benefit of the parties, their successors and authorized assignees. (K) Neither party will be in default or liable for any delay, failure to perform (other than the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.(J) This AGREEMENT will be binding and will have effect for the benefit of the parties, their successors and authorized assignees. (K) Neither party will be in default or liable for any delay, failure to perform (other than the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.(J) This AGREEMENT will be binding and will have effect for the benefit of the parties, their successors and authorized assignees. (K) Neither party will be in default or liable for any delay, failure to perform (other than the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.