This Privacy Policy articulates the legal framework governing the collection, processing, storage, disclosure, and handling of data as it pertains to the software product ("the Software") developed and maintained by GB Technologies “we," "our," or "us". By engaging with, accessing, or utilizing the Software, your acknowledge, agree, and consent to the terms and practices described herein. In the event of non-agreement, your only recourse is the immediate discontinuation of the Software’s use.

1. Scope of Data Collection

The Software engages in multifactorial and multilayered data collection practices, encompassing both voluntary and automated mechanisms. The types of data that may be collected include, but are not limited to:

  • Personally Identifiable Information (PII): Information that may directly identify you, such as your name, address, contact information details, and business identification numbers.
  • Technical Data: This may include device-specific information such as hardware and software configurations, IP addresses, MAC addresses, browser versions, session durations, and geolocation data.
  • Behavioral Data: Data derived from your usage patterns, clicks, navigation through the Software, error reports, time spent on various features, and other analytics generated to assess performance and user engagement.
  • Communications Data: Any emails, messages, or communication logs sent to or through the Software’s integrated communication tools, including records of calls or in-software messaging systems, where applicable.

2. Usage and Application of Collected Data

The data collected through the Software may be subject to various types of usage, analysis, and processing, including but not limited to:

  • Operational Purposes: To ensure the Software functions as intended, including the deployment of user authentication mechanisms, role-based access controls, and the facilitation of user workflows.
  • Enhancement of Services: Data may be aggregated and anonymized for the purposes of improving the Software, implementing new features, conducting system diagnostics, and executing performance enhancements.
  • Legal Compliance: Data may be stored and used to ensure compliance with legal obligations, including accounting, tax obligations, and lawful governmental or regulatory requests.
  • Marketing and Communication: Where applicable, user data may be used for the purpose of targeted communication, promotional campaigns, or any marketing-related activities to notify users of new features, offers, or updates in compliance with applicable laws.

It should be expressly understood that no refund or financial compensation will be provided under any circumstances, irrespective of user dissatisfaction or service interruption.

3. Data Sharing and Disclosure

We may engage in the sharing or transmission of data to third-party entities under various circumstances, including but not limited to the following:

  • Third-Party Service Providers: We may disclose certain data to external service providers (e.g., hosting platforms, payment processors, analytics providers) that are necessary for the Software’s continuous operation. These providers are subject to contractual obligations that bind them to safeguard your data, although we shall not be held accountable for any failures or breaches arising from their operations.
  • Business Transactions: In the event of a corporate merger, acquisition, sale of assets, or similar business transaction, your data may be transferred to the acquiring entity or successor. Upon such transfer, your data will be governed by the terms and conditions of the acquiring entity’s privacy policies.
  • Legal and Regulatory Obligations: Data may be disclosed to governmental authorities, regulatory agencies, or other legal bodies upon receipt of legally valid requests, such as subpoenas, court orders, or other regulatory demands. Such disclosures may be made without prior notice to the user, and we are not responsible for any consequential effects of such disclosures.

4. International Data Transfers

Depending on the geographic locations of our operational infrastructure or third-party service providers, your data may be transferred across national boundaries and may be subject to legal jurisdictions differing from your own. By using the Software, you acknowledge and consent to the cross-border transfer of your data, and you agree that your data may be subject to foreign laws, which may not provide the same level of protection as the laws in your home country.

5. Data Retention and Erasure

Data is retained in accordance with operational requirements, legal obligations, and business purposes. The retention period for personal data is determined based on the nature of the data and the purposes for which it was collected. The criteria used to determine retention periods include the duration of the relationship with you, contractual obligations, and regulatory requirements.

Upon the cessation of the user’s engagement with the Software, data may be retained for a reasonable period, or as required by law, after which data may either be anonymized or securely deleted. The timeline for erasure is subject to statutory, contractual, or business considerations, and no assurances are made regarding the immediate removal of any data upon the cessation of your use of the Software.

 

6. Data Security Measures

We implement a combination of physical, technical, and administrative security measures designed to protect the integrity, confidentiality, and availability of user data. These may include, but are not limited to, encryption protocols, secure socket layer (SSL) technology, access control measures, and intrusion detection systems. Despite these efforts, no security system is infallible, and as such, we make no representations or warranties regarding the absolute security of your data.

In the event of a security breach or unauthorized access incident, we will take commercially reasonable steps to investigate and remedy the situation in accordance with applicable legal obligations. We disclaim all liability for direct, indirect, incidental, or consequential damages arising from any unauthorized access to, or alteration of, your data.

7. User Rights

Subject to applicable laws, you may have rights regarding your personal data, including but not limited to:

  • Access to Data: You may request access to the personal data we have collected about you, including the nature of the processing and the entities with whom the data has been shared.
  • Rectification and Deletion: You may request the correction of inaccurate data or, in certain circumstances, the deletion of your personal data.
  • Restriction of Processing: You may request that we restrict the processing of your data under certain conditions.
  • Data Portability: Where feasible, you may request that your personal data be transferred to another service provider.

However, we reserve the right to deny such requests where they are incompatible with legal obligations, operational necessities, or the legitimate interests of the company.

8. Use of Cookies and Tracking Technologies

The Software may employ various tracking technologies, such as cookies, web beacons, and other data storage mechanisms to enhance the user experience, monitor performance, and provide targeted content. By using the Software, you consent to our use of these technologies. You may have the ability to disable or manage these technologies through your browser settings, though doing so may impair your use of certain Software functionalities.

9. Non-Refundable Transactions

All payments made in connection with the Software, whether subscription fees, purchase prices, or other financial considerations, are final and non-refundable. By engaging in any financial transaction related to the Software, you waive the right to any refunds, chargebacks, or reversals, irrespective of dissatisfaction, interruption of services, or technical issues encountered during use.

 

10. Mandatory Support and Maintenance
To ensure the proper functioning and ongoing usability of the Software, it is a mandatory requirement that users subscribe to an Annual Maintenance Contract (AMC) following the initial deployment. The AMC serves as a condition precedent for the continuation of access to any form of technical support or maintenance services. Failure to maintain an active AMC may result in the suspension or termination of all support-related services and may further impact your ability to continue using the Software.

Scope of Support:
Support services under the AMC will be provided exclusively during regular business hours, Monday through Friday, excluding recognized public holidays. The scope of support shall be confined strictly to addressing minor software malfunctions, operational guidance, and bug fixes classified as minor in nature.

Exclusions from Support:
It is important to note that any form of customization, the development of new features, or major alterations to the Software will not fall within the purview of standard support services. Such requests shall be deemed as "Out of Scope" and will be charged as per the prevailing rates agreed upon in a separate service-level agreement (SLA). The distinction between what constitutes minor bug fixing and customization will be determined solely at our discretion.

Response Time and Limitations:
While we endeavor to respond to all support requests within a maximum period of 24 business hours, no guarantees or warranties are made as to the exact timeline for resolution. Support queries will be addressed on a priority basis as determined by the severity of the issue, and any delay in our response time shall not serve as grounds for claim or compensation.

 

11. Limitation of Liability

The Software is provided on an "as-is" and "as-available" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume full responsibility for the selection and use of the Software and acknowledge that the use of the Software is at your own risk.

In no event shall we be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, business interruption, or data loss, even if advised of the possibility of such damages.

12. Amendments to the Privacy Policy

We reserve the right to amend, modify, or update this Privacy Policy at our sole discretion, with or without prior notice. Any changes will be posted within the Software or communicated through other appropriate channels, and continued use of the Software constitutes acceptance of the revised terms. Users are advised to periodically review this document to stay informed of any changes.