If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Terms and Conditions for the use of the Smart Time Facial Recognition Timekeeping App
- Scope of Application
- These terms and conditions (“Terms”) apply to and regulate your use of the Smart Time Facial Recognition Timekeeping service provided by Bunker360 LLC (“Bunker360″ or “we” or “Smart Time Facial Recognition Timekeeping service”) and shall be legally binding on customers and us. Both customers and we shall comply with the Terms.
- Before registering to use the Smart Time Facial Recognition Timekeeping service or App, or using the Smart Time Facial Recognition Timekeeping service for the first time, the customer shall carefully read the Terms and fully understand relevant provisions hereof, and the customer shall have the right to require us to provide sufficient explanation about the Terms. By undergoing the registration process to use the Smart Time Facial Recognition Timekeeping service, or using the Smart Time Facial Recognition Timekeeping service you accept and agree to these Terms.
- Provision of Service
- The Smart Time Facial Recognition Timekeeping service is a service where you may use your face registered on a permitted mobile device to confirm your identity to access the Smart Time Facial Recognition Timekeeping service.
- You acknowledge and agree that in order to use the Smart Time Facial Recognition Timekeeping service:
- You must be a valid user of our Smart Time Facial Recognition Timekeeping service;
- You must install our mobile app using a permitted mobile device.
- You will need to activate the face recognition function on your permitted mobile device and register at least one of your faces to control access to the permitted mobile device
- You will be required to undergo a registration process using your Smart Time Facial Recognition Timekeeping Service ID and password to access Smart Time Facial Recognition Timekeeping service; upon the successful registration process, the face stored on your permitted mobile device will be a security code;
- Identity Verification
- Login to or authorise timekeeping via Smart Time Facial Recognition Timekeeping service, you are deemed to have accessed the timekeeping services and/or instructed us to perform such transactions as the case may be. Instructions by Face authentication cannot be cancelled and shall be treated as the only instruction. You shall be responsible for the consequences caused by the instruction that you have given by Facial Recognition Login service.
- You acknowledge that the authentication is performed by the mobile app by interfacing with the face authentication module on the permitted mobile device and that you agree to the authentication process.
- You can deactivate the Smart Time Facial Recognition Timekeeping service at any time using the menu on the mobile app once you are signed in.
- You acknowledge and agree that, for the purposes of the Smart Time Facial Recognition Timekeeping service. the mobile app will be accessing the face registered in your permitted mobile device, and you hereby consent to Bunker360 accessing and using such information for the provision of the Smart Time Facial Recognition Timekeeping service
- Security Guarantee
- You agree to properly protect your permitted mobile device and shall be responsible for any risks and losses arising from all uses of your permitted mobile device by an unauthorized person. You shall take any reasonable actions to ensure the safety of the passport or code that shall be used to login Face Login service on your permitted mobile device.
- You shall ensure that only your own faces are stored on your permitted mobile device to access the device and you understand that upon the successful registration of your permitted mobile device, any face that is stored on your permitted mobile device can be used to access Smart Time Facial Recognition Timekeeping service including access to, and operations of, your accounts.
- If you inform us that the security of your face or other security code has been leaked, please contact our Customer Service Centre immediately to stop all or part of your Smart Time Facial Recognition Timekeeping service. We may require you, and you agree upon our request, to change the security code, re-register your face or cease the use of the Smart Time Facial Recognition Timekeeping service.
- Risk Warning and Liability Provisions
- You understand that the face authentication module on the permitted mobile device is provided by the manufacturer of your mobile device, and we make no representation or warranty as to the security of the face authentication function of any permitted mobile device and whether it works in the way that the third party of the device represents. If there is any loss arising from recognition, comparison and verification problems for a certain type of mobile device, you need to negotiate with the manufacturer of the mobile device, and it has nothing to do with Bunker360.
- We do not represent or warrant that the StSmart Time Facial Recognition Timekeeping service will be accessible at all times, or function with any electronic equipment, software, infrastructure or other online services that we may offer from time to time.
- Unless a law prohibits us from excluding or limiting our liability, we are not liable for any loss you incur in connection with the use or attempted use of the Smart Time Facial Recognition Timekeeping service, or your instructions, or any unauthorised transactions through or in connection with the Smart Time Facial Recognition Timekeeping service.
- You agree to undertake any direct or indirect claims, legal procedures, legal liabilities, loses, damages arising from our actions in accordance with your orders or notices and all expenses (including all legal costs) which are of reasonable amount whatsoever and howsoever caused that may arise to be reasonably incurred by us in providing Smart Time Facial Recognition Timekeeping service to you. And you promise to indemnify us, upon our request, for the losses and expenses that we have suffered.
- You should not use face authentication module if you are an adolescence while your facial features may be undergoing a rapid stage of development. Our software is intended for use by those aged 18 and older.
- You should not take any action to disable any function provided by, and/or agreeing to any settings of, your mobile device that would otherwise compromise the security of the use of your login credentials for authentication purposes.
- You agree to share your location permission to scan bluetooth devices near by you.
- Permitted mobile device means Apple iPhone X or higher versions and such other electronic equipment that we may enable for use with the Smart Time Facial Recognition Timekeeping service from time to time and includes the operating system or software that the device operates on. Please contact us for the current list of such electronic equipment. You agree to share your location permission to scan bluetooth devices near by you.
- Unless otherwise specified herein, we may suspend, or at any time and from time to time, amend the Terms and/or add new clauses. Termination, or any amendment of and/or any addition to the Terms shall become effective as of the designated date after we provide reasonable notice/announcement to customers. If customers refuse to accept relevant amendments and/or additions, they may give written notices to us to apply for termination of all/part of Smart Time Facial Recognition Timekeeping services pursuant to relevant procedures (if any) of us. If customers do not explicitly require us to terminate all/part of Smart Time Facial Recognition Timekeeping services and continue to retain or use these Services ON OR AFTER THE EFFECTIVE DATE OF SUCH AMENDMENT AND/OR ADDITION, SUCH AMENDMENT AND/OR ADDITION SHALL BECOME BINDING UPON CUSTOMERS.
- The Smart Time Facial Recognition Timekeeping service is provided as part of the Bunker360’s security services, The Terms shall serve as supplementary terms to the Smart Time Facial Recognition Timekeeping service Terms and Conditions , In case the Terms conflict in any way with the Terms and Conditions of other Bunker360 services, the Terms shall prevail with respect to Smart Time Facial Recognition Timekeeping services.
- If the Terms have a Spanish version, such Spanish version shall be intended for reference only; in case of any inconsistency between the English version and the Spanish version, the English version shall prevail.
- The Terms are amended and published on our official website www.bunker360.com in December 2020, and the Terms, as amended, will take effect as of December 1st, 2020. As of the date of effectiveness, unless otherwise notified by us, the Terms will supersede all previous terms (if any) in respect of these Services.