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ORACODE TERMS OF USE & PRIVACY POLICY


TERMS OF USE & PRIVACY POLICY

TERMS OF USE

Last Revised: August 2016


Acceptance

These website terms of use (the “Terms of Use”) constitute a binding agreement between you and Kaba Ilco Inc. (“dorma+kaba”,” “we,” or “us”) with respect to your use of this website (the “Website”) and the content and services available on this Website (the “Services”). These Terms of Use govern your access to and use of this Website.


NOTWITHSTANDING ANYTHING TO THE CONTRARY, BY ACCESSING THIS WEBSITE OR USING THIS WEBSITE OR SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD LEAVE THIS WEBSITE NOW.

We may and you agree that we may, at any time, amend in whole or in part, these Terms of Use and/or Privacy Policy by posting a notice of amendment (with the amended terms and/or conditions) on this Website, by presenting the amended Terms of Use and/or Privacy Policy when you next logon to this Website, or by providing you with the amended Terms of Use and/or Privacy Policy to the email address that you provided to us. All amended Terms of Use and/or Privacy Policy shall be effective (i) when they are posted on this Website, which posting shall constitute notice to you, or (ii) immediately upon your acceptance, if presented to you when you subsequently logon to this Website, or (iii) upon receipt, if you receive the amended Terms of Use by any other method; whichever occurs first. Further, you shall be deemed to have accepted the amended Terms of Use and/or Privacy Policy if you continue to use this Website after such effective date.


Eligibility; License; Restrictions on Use

To use this Website, you must: (i) be a property manager or property owner of one or more properties that have an Oracode lock installed on their doors (“Oracode Lock Doors”) or the duly authorized representative or site administrator of such property manager or property owner that is of the age of majority in the jurisdiction where you are domiciled or reside; and (ii) have accepted and comply at all times with, on a continuing basis, these Terms of Use as amended from time to time.

dorma+kaba grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use this Website (and to permit your duly authorized users to use this Website), its content and the Services only in the manner presented by dorma+kaba and solely for your internal use for the purpose of managing the Oracode Lock Doors installed on the properties that you manage or own and, if you are granted site administrator privileges, for using the site administrator functionality on this Website (“Permitted Purpose”). Except for this limited license, dorma+kaba does not convey any interest in or to dorma+kaba’s systems, information or data available via this Website, its content or the Services, or any other dorma+kaba property, by permitting you to access this Website. If you cease to manage or own a particular property that contains Oracode Lock Doors that you have previously managed via this Website, you are solely responsible for immediately deleting (or causing your site administrator to immediately delete) such Oracode Lock Doors from this Website. If you cease to manage or own any properties that contain Oracode Lock Doors, then your permission to use this Website is automatically terminated as described below in the section titled “Termination of Use”.

In order to create users under your account, you will have to complete a registration process for such user(s) (if you have site administrator permissions) or contact your site administrator and provide them with the information necessary for them to complete the registration process for such user(s) on your behalf. You agree to provide true, accurate, current, and complete information about your users as prompted by the applicable registration form or your site administrator, and you are responsible for keeping such information up to date. You are solely and fully responsible for maintaining the confidentiality of your account information, including without limitation, for ensuring that the user names and passwords of your users are kept secret and secure, and you agree to take all necessary precautions to protect your user names and passwords and to prevent any and all non-authorized use or access of such user names and passwords. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your duly authorized users, and solely for the Permitted Purpose. You agree to immediately notify dorma+kaba of any unauthorized use of your account, or any other breach of security with respect to your account. We are not liable for any loss or damage arising from your failure to protect the confidentiality of your account information, including without limitation the user name or password of any of your users.

You represent and warrant that you have obtained all required consents for, and have provided all appropriate notices in connection with, dorma+kaba’s collection and processing of personally identifiable information on your behalf through the Services (including, without limitation, the processing and storage of such personally identifiable information outside of the country in which the person is resident).

Any special terms and conditions for use of certain content or Services provided on this Website are incorporated into, and become part of these Terms of Use. Except as expressly allowed herein, you agree not to reproduce, copy, download, store, retransmit, distribute, sell, republish, modify, translate or create derivative works of, or in any way commercially exploit, in whole or in part, any portion of this Website, its content and/or the Services without the express prior written consent of dorma+kaba in each case. Any decompilation, disassembly, reverse engineering or other exploitation of this Website, the content of this Website and/or the Services is strictly prohibited. You acquire absolutely no rights or licenses to this Website, the content of this Website or the Services other than the limited right to use this Website, such content and the Services in accordance with these Terms of Use.


You agree: (i) to use this Website, its content and the Services (collectively, “dorma+kaba Website Property”) for lawful purposes and only in compliance with all applicable local, national or international laws, rules and regulations; and (ii) not to use the dorma+kaba Website Property for any inappropriate, fraudulent, improper, offensive or damaging purpose. Potential users in any jurisdiction where laws (whether common or statutory) would: (a) void these Terms of Use in whole or in part; or (b) render accessing the dorma+kaba Website Property, illegal, are not authorized to use the dorma+kaba Website Property. If you access and download any content (including the Services) or information from this Website, you represent that you are not a person or entity to which your laws would prohibit such use or access. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export or re-export of the content of this Website (including the Services).


Further, You agree not to:

use automated means to access the dorma+kaba Website Property, or gain unauthorized access to the dorma+kaba Website Property or to any account or computer system connected to the dorma+kaba Website Property;

obtain, or attempt to obtain, access to data, areas of the dorma+kaba Website Property or our systems that are not intended for access by you or log into a server or account which you are not authorized to access;

attempt to probe, scan or test the vulnerability of our systems or networks or to breach security or authentication measures;

“flood” the dorma+kaba Website Property with requests or otherwise overburden, disrupt, or harm the dorma+kaba Website Property or our systems;

restrict or inhibit other users from accessing or using the dorma+kaba Website Property including, without limitation, via means of submitting a virus to this Website or overloading, "flooding," "spamming," "mailbombing" or "crashing" this Website;

send unsolicited e-mail, or text messages, including promotions and/or advertising of products or services via the dorma+kaba Website Property or forging any TCP/IP packet header or any part of the header information in any e-mail, text or newsgroup posting;

modify or delete any copyright, trademark, or other proprietary rights notices that appear on this Website or in its content; or

access or use the dorma+kaba Website Property for any unlawful purpose or otherwise beyond the scope of the rights granted herein.


If you are aware of, or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Notice” below.


Trademarks and Copyright; Ownership

Kaba, eCode, dorma+kaba, Oracode Kaba Ilco and related words and logos, as well as the names of other products or services of dorma+kaba, are trade names, trademarks or registered trademarks of dorma+kaba or under license to dorma+kaba. The names of other companies, products or services referred to in this Website are the trademarks of their respective owners. Any unauthorized use of any of these trade names or trade-marks is prohibited.


As between us, dorma+kaba is and shall remain the sole and exclusive owner of the dorma+kaba Website Property, any and all underlying systems, hardware, software and technology, and any and all information, materials, content, products or services thereon, including all intellectual property therein, thereunder or related thereto (collectively, the “dorma+kaba Property”) including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. Your rights to access and/or use any dorma+kaba Property is limited as expressly set forth herein and is strictly for the Permitted Purpose. Except as expressly set forth in these Terms of Use, you and your users have no rights with respect to the dorma+kaba Property. dorma+kaba reserves all rights in the dorma+kaba Property that are not expressly granted to you in these Terms of Use. The entire Website is Copyright 2002 - 2016 Kaba Ilco Inc. All rights reserved.


The Services and all content provided on this Website are protected by law, including U.S. and Canadian copyright law, intellectual property laws and international treaties.


Electronic Communication

The only information from this Website or generated via the Services that you may e-mail or text to a third party is (i) the access code for an Oracode Door Lock that you generated via the Services and (ii) if you have been granted site administrator privileges, you may e-mail or text the user name and password for a new user that you create to such new user. You agree that you will send such e-mails and/or texts solely to those third parties who are authorized to receive and use such access codes or logon credentials and solely in compliance with applicable law.

You are solely responsible for getting all third party consents necessary under applicable law in order to send such e-mails and/or texts.

E-mail sent over the Internet is not secure and may be lost, intercepted, or altered. If you send any such information that is on this Website or generated via the Services to any other person or entity, including an authorized user of your Oracode lock system, dorma+kaba will not be responsible if it is lost or intercepted, altered or misused by someone else. Further, if you share any information, such as access codes generated via the Services, from this website with any third party, you do so at your own risk and assume all responsibility therefor, including for any property damage, bodily injury or death caused by anyone with whom you shared an access code for an Oracode Door Lock. dorma+kaba is not liable for any information that you send to third parties, regardless of how same is shared or transmitted. You agree to defend, hold harmless and indemnify dorma+kaba, against any claims that may arise from any such e-mail or text transmission or other sharing of information generated via the Services. This indemnity will survive termination of these Terms of Use.

If you send dorma+kaba an email, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree we will not be liable if the information we provide to you by e-mail in this section is lost or intercepted, altered or misused by someone else. dorma+kaba may communicate with you through means of electronic communication such as e-mail or notices posted on this Website. You agree that all agreements, notices, disclosures and other communications that dorma+kaba provides to you electronically satisfy any legal requirement that such communications be in writing.


Privacy

You acknowledge and agree that all information collected by dorma+kaba in connection with this Website is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.


Change and Suspension

dorma+kaba reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any content) at any time. You agree that dorma+kaba will not be liable to you or to any third party for any such change, suspension, or discontinuance.

dorma+kaba reserves the right to, immediately without notice and in its sole discretion, deactivate, suspend, block or terminate your use of this Website and the Services, or to any features or portions thereof, if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive or unethical act or a violation of these Terms of Use. dorma+kaba will have no liability to you in connection with any such deactivation, suspension, blocking or termination.


DISCLAIMER, LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES

YOU EXPRESSLY AGREE THAT YOUR USE OR ACCESS OF THE DORMA+KABA WEBSITE PROPERTY AS PERMITTED HEREIN IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DORMA+KABA WEBSITE PROPERTY, AND DORMA+KABA SHALL HAVE NO LIABILITY RELATING TO THESE TERMS OF USE, THE DORMA+KABA WEBSITE PROPERTY, OR ANY COMPONENT THEREOF. ANY AND ALL USE OR ACCESS OF ANY DORMA+KABA WEBSITE PROPERTY AS PERMITTED HEREIN IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, FOR YOUR GENERAL REFERENCE AND CONVENIENCE. ALTHOUGH DORMA+KABA AND ITS SUPPLIERS TRY TO ENSURE THAT INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ARE ACCURATE WHEN THEY ARE PLACED OR MADE ACCESSIBLE ON THIS WEBSITE, NEITHER DORMA+KABA NOR ANY OF ITS SUPPLIERS GUARANTEES OR REPRESENTS THAT THIS INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES IS OR ARE IN FACT ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, DORMA+KABA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS,

OBLIGATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DORMA+KABA WEBSITE PROPERTY OR ANY PART THEREOF, AND ANY USE OR ACCESS THEREOF. WITHOUT LIMITING THE FOREGOING, DORMA+KABA AND ITS SUPPLIERS DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, OBLIGATIONS OR CONDITIONS REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE DORMA+KABA WEBSITE PROPERTY OR THAT THE DORMA+KABA WEBSITE PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE, AS WELL AS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THAT DEFECTS WILL BE CORRECTED, OR THAT THE DORMA+KABA WEBSITE PROPERTY OR ANY PART THEREOF IS OR ARE COMPATIBLE WITH ANY SYSTEMS OR OTHER PRODUCTS, HARDWARE, SOFTWARE OR TECHNOLOGY, OR THAT THE DORMA+KABA WEBSITE PROPERTY OR ANY PART THEREOF WILL BE FREE OF VIRUSES, DISABLING DEVICES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES (YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR SYSTEMS AND YOU ARE RESPONSIBLE FOR THE COSTS OF ANY SERVICE, REPAIRS OR CONNECTIONS WHICH MAY BE NECESSARY TO YOUR SYSTEMS AS A RESULT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR THE SERVICES). SECURE ACCESS TO THE DORMA+KABA WEBSITE PROPERTY MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF DORMA+KABA’S CONTROL.


DORMA+KABA AND ITS AFFILIATED AND RELATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE DORMA+KABA WEBSITE PROPERTY, INCLUDING BUT NOT LIMITED TO (I) DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE DORMA+KABA WEBSITE PROPERTY; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE DORMA+KABA WEBSITE PROPERTY; (III) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND/OR (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; IN EACH CASE, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY, AND EVEN IF DORMA+KABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE DORMA+KABA WEBSITE PROPERTY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF DORMA+KABA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.


Third Party Links

This Website may contain links and pointers to other Internet websites and resources. Links to and from this Website to other websites, maintained by third parties, are provided for your convenience only, and do not constitute an endorsement by dorma+kaba of any third party website, its resources or its contents. dorma+kaba is not responsible for examining, evaluating, nor does dorma+kaba warrant the offerings of any of these businesses or individuals or the content of linked websites. dorma+kaba does not assume any responsibility or liability for the actions, products, and content of any third party or their websites. Please note that when you click on one of these links, you are leaving this Website and being directed to another website. You should read the terms of use and privacy statements, if any, of these linked websites as their terms and privacy policies may differ from that of dorma+kaba. dorma+kaba is not responsible for the content, accuracy or availability of any other website. Your access to, or use of any third party website is at your sole risk.

No Linking to this Website

You may not link any other website to this Website and you may not frame this Website on any other website. You

agree to cooperate with us in causing any unauthorized framing or linking caused by you immediately to cease.


Indemnification

You agree to defend, indemnify and hold dorma+kaba, its affiliates and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, actions, suits, proceedings, judgments, costs, expenses, damages and losses (collectively, “Claims”) (except those due to dorma+kaba’s own gross negligence or intentional misconduct) arising out of:

your infringement of any intellectual property rights;

your use of the dorma+kaba Website Property or any part thereof;

any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to the dorma+kaba Website Property or any part thereof; (ii) use of the dorma+kaba Website Property or any part thereof for any illegal purpose or any other violation of law by you; or (iii) use of the dorma+kaba Website Property or any part thereof to achieve any unauthorized or prohibited access to any computer systems and data; and your breach of any of these Terms of Use.


We reserve the right, at our own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.

This indemnity is in addition to any other indemnity or assurance against loss that you may provide, and will survive any termination of these Terms of Use.


Termination of Use

The permission to use this Website granted by these Terms of Use automatically terminates if: (i) you breach any of your representations, warranties or obligations under these Terms of Use; or (ii) if you are a property manager or a property owner, you no longer use or manage the Oracode lock system or the Services provided by this Website or (iii) if you are a site administrator for a property manager or a property owner with Oracode Lock Doors and you cease to hold that position. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any content contained in this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.


Survival

In addition to any other provisions which these Terms of Use expressly state will survive termination of these Terms of Use, the provisions of these Terms of Use titled “Trademarks and Copyright; Ownership”, “Privacy”, “Disclaimer, Limitation Of Liability And Exclusion Of Consequential Damages”, “Entire Agreement and Severability”, “Governing Law”, “No Class Actions; Limitation on Time to File Claims”,” Waiver of Jury Trial” and “Waiver” shall survive termination of these Terms of Use.


Entire Agreement and Severability

Along with our Privacy Policy referenced herein, these Terms of Use constitute the entire agreement between you and dorma+kaba with respect to this Website (and use and access thereof) and the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, written or oral, with respect to the subject matter of these Terms of Use. If any provision of these Terms of Use agreement is later determined by a court of competent jurisdiction to be unlawful, void, or for any other reason invalid or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions.


Notice

All notices to and correspondence with dorma+kaba should be directed to:

Kaba Ilco Inc.

Attn: Oracode Sales Department

7301 Decarie Boulevard

Montreal, Canada H4P 2G7

Email: marketing.americas@dormakaba.com


Governing Law

Outside Canada

The validity, interpretation and performance of these Terms of Use, with respect to use of this Website outside of Canada, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. With respect to use of this Website within the U.S., sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be with the Federal court located in Wilmington, Delaware.


Within Canada

The validity, interpretation and performance of these Terms of Use with respect to use of this Website within Canada, shall be governed by and construed in accordance with the laws of Quebec, without giving effect to conflict of laws principles. With respect to use of this Website within Canada, sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall lie properly in Montreal, Quebec.


No Class Actions; Limitation on Time to File Claims

YOU AGREE TO BRING ANY CLAIMS AGAINST DORMA+KABA ON AN INDIVIDUAL BASIS ONLY. FURTHER, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS WEBSITE OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR

COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DORMA+KABA WEBSITE

PROPERTY.

Waiver

Failure by dorma+kaba to exercise any right or remedy under these Terms of Use shall not constitute a waiver of

that right or remedy.


For Quebec Residents

The parties declare that they have required that these Terms of Use and all documents related hereto, be drafted

only in English.


Les parties déclarent par les présentes qu’ils exigent que cette convention de conditions d’utilisation et tous les

documents y afférents, soient rédigés en langue anglaise seulement.

KABA ILCO INC. PRIVACY POLICY

Effective Date: August, 2016


This Privacy Policy applies to www.kaba-ecode.com, www.kabaecodewireless.com, and www.kaba-ecode-mobile.com (the “Sites”). KABA Ilco Inc. (“dorma+kaba”) is committed to maintaining the privacy of personal information you provide to us when using our online services. This Privacy Policy describes dorma+kaba’s information privacy practices for the Sites and is intended to inform registered users and other visitors to the Sites of our data collection and use practices.

dorma+kaba may update or modify this Privacy Policy by posting the updated or modified version on the Sites, which will be effective when posted. Your continued use of any of the Sites following the posting of any update will constitute your acceptance of the update, unless your personally identifiable information will be used in a materially different manner. See the Notification of Changes section below for further information.

If you have questions or concerns regarding this Privacy Policy, please contact dorma+kaba by e-mail at marketing.amaericas@dormakaba.com .


Account Registration

Registration is not mandatory to access the public areas of the Sites. Registration is, however, required for access to certain areas of the Sites and the products and services provided through those areas of the Sites. The areas of the Sites requiring registration are noted on each Site.

Users who register to obtain an account on a Site will need to provide a username and password for purposes of accessing the account and the portions of that Site available to account holders. A username and password on one of the Sites may not be valid on all Sites and separate registrations for each Site may be required. When accessing the portions of that Site available to account holders, users may be required to provide their username and password.

dorma+kaba is not responsible for any loss or misuse of your username and password. ALWAYS REMEMBER THAT IN ORDER TO PROTECT YOUR PRIVACY YOU SHOULD NOT SHARE YOUR USERNAME OR PASSWORD WITH OTHERS.


Personally Identifiable Information

Personally identifiable information includes information by which you may be personally identified, either directly or in combination with other information. We only collect and share personally identifiable information regarding users of the Sites as described in this Privacy Policy. Except as noted, personally identifiable information collected on the Sites is not shared with third parties without your consent. The definition of what is considered personally identifiable information is subject to change according to the then applicable law.

We may automatically collect personally identifiable information from you when you access the Sites. We may also collect personally identifiable information from you through voluntary sources on the Sites, such as inquiries, registrations, comments, emails, postings, messages, or other electronic submissions and communications sent by you to dorma+kaba or the Sites. The personally identifiable information we may collect from you will include, by way of example:

E-mail address

Contact information (including, name and phone number)

Username and password information

PLEASE DO NOT PROVIDE DORMA+KABA WITH ANY PERSONALLY IDENTIFIABLE INFORMATION (OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION ON ANY OF THE SITES) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED BY DORMA+KABA IN ACCORDANCE WITH THIS PRIVACY POLICY.

The personally identifiable information that dorma+kaba collects from users of the Sites (both registered and unregistered) may be used for a variety of purposes, for example to provide the services and products offered through the Site to users of that Site, to verify a user’s identity when the user’s username or password is forgotten, to customize content displayed on the Site and/or the layout of the Site for each different type of user of the Site, to notify users of the Site about updates to and activities on the Site and about goods and services that we feel may be of interest to you, to improve the content of the Site, to analyze data and patterns regarding usage of the Site, to contact users of the Site for marketing purposes, and to contact users of the Site for information verification purposes.


Disclosure as Required by Law

Though we make every reasonable effort to preserve user privacy, we may need to disclose personally identifiable information of certain users of any Site when we have a reasonable and good-faith belief that the disclosure is necessary to enforce the Terms of Use for the Site, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect dorma+kaba’s rights under applicable law, including, without limitation, dorma+kaba's intellectual property rights.

In this situation we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.


Service Announcements

On occasion it is necessary to send out service related announcements. For instance, if our Sites or any of the services offered through the Sites are temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. These communications are not promotional in nature.


Children

The Sites are not directed to children under 13 years of age, and dorma+kaba does not knowingly solicit or collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under 13, we will immediately delete such information from our systems.


Non-Personally Identifiable Information

Our servers may automatically recognize each visitor’s Internet Protocol addresses. We may also collect information about how visitors use the Sites (for example what pages are viewed and products and services are purchased). This information allows us to improve the content of the Sites and facilitate market research. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form. Other than improving the Sites and the experience of visitors to the Sites, we make no other use of this information. The treatment of non-personally identifiable information is subject to change in accordance with the then applicable law.


Cookies, Pixels and Web Beacons

"Cookies" are commonly used pieces of information in the form of small files that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Sites. We may use cookies for various purposes, for example to save user preferences, customize content of the Sites for individual users, to ensure that users are not repeatedly sent the same banner ads, to record session information, such as items that users add to their shopping cart, to alert users to new areas that might be of interest upon return to the Sites, and to save certain information about users of the Sites and others who visit the Sites, in order to facilitate and enhance interaction with the Sites.

dorma+kaba does not use cookies to retrieve information from a computer that is unrelated to dorma+kaba or the Sites.


A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Sites.

Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.


Other Web Sites

Certain websites of dorma+kaba’s affiliates, promotional partners, advertisers, sponsors, and other third-party web sites and third-party widgets are accessible through the Sites. These third party web sites have their own privacy and data collection policies and practices. dorma+kaba IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEB SITES.


Consent to the Use of Third Party Providers

In addition to the specific third parties noted in this Privacy Policy, dorma+kaba may also contract with other third parties to provide various services to dorma+kaba relating to the Sites on an outsourced basis rather than performing the services itself. For example, dorma+kaba may contract with an email provider to handle the distribution of email messages to members of the Sites. Likewise, dorma+kaba may contract with a website hosting provider to host all or a portion of the Sites for dorma+kaba. dorma+kaba may also contract with third party mobile providers to enable the mobile user services provided through the Sites. We may also use a third party provider to serve advertisements and collect and analyze data and patterns regarding usage of the Sites. By using the Sites, visitors consent to dorma+kaba providing both personal and non-personal information received from those visitors to these third party providers for the purpose of enabling the third party provider to provide these outsourced services to dorma+kaba.


Users Outside of Canada

If you are located outside of Canada, please note that the Sites are hosted on computer servers located, and your personally identifiable information may be processed, in Canada. As a result, Canadian federal, territorial and provincial governments, courts or law enforcement or regulatory agencies may be able to obtain access to your information through applicable Canadian laws. Your use of a Site or your submission of any personally identifiable information to us will constitute your express consent to the transfer and processing of your personally identifiable information outside of your home country, including Canada, which may have very different data protection and privacy rules and regulations than in your home country.


Notification of Changes

If we decide to change this Privacy Policy, we will either notify users by way of an e-mail or post material changes on the Sites so our users are aware of what information we collect, how we use it, and if we disclose it. Unless we seek and receive your consent, we will use information in accordance with the Policy under which the information was last collected. Users may prevent their information from being used for purposes other than those for which it was originally collected by emailing us at marketing.americas@dormakaba.com.


Security

We use reasonable technical and organizational measures to protect the information under our control against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to protect your personal information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, our servers where we store personally identifiable information are kept in a secure environment. While we employ the above steps, we cannot ensure or warrant the security of any information you transmit to dorma+kaba, and you do so at your own risk.


Transfer of Information

If dorma+kaba elects, in its reasonable discretion, to transfer ownership or control of the Sites to a third party, whether or not in the context of an acquisition of dorma+kaba or a merger of dorma+kaba with a third party, you consent to the transfer of your personally identifiable information and non-personally identifiable information by dorma+kaba to that third party, provided that all use of your information by that third party remains subject to the terms of this Privacy Policy.


Notices to California Residents

California law provides that California residents have a right to request that businesses tell them how their personally identifiable information has been shared with third parties for those third parties’ direct marketing purposes. However, there is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s personally identifiable information to third parties for those third parties’ direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their personally identifiable information to third parties for such purposes.


California Business & Professions Code Section 22575(b)(as amended effective January 1, 2014) provides that California residents are entitled to know how dorma+kaba responds to “Do Not Track” browser settings. dorma+kaba does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.