Zyxel

This Terms of Use are established to protect the interest of the Nebula service provider members and all our users and constitute a contract between the users and Nebula service provider members. By completing the registration procedures, or beginning to use the services available from Zyxel, you are deemed to understand and agree to all the terms and conditions under the Terms of Use.

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General Principles
Nebula
Restrictions on Use
Disclaimer
Limitation on Liability
Intellectual Property Rights
Waiver of Claims or Causes of Action
Amendment
Severability
Collection and Use of Personal Information
Governing law and Court of Jurisdiction
Termination of Usership

I. General Principles

Users are required to properly keep their password without disclosing it to third parties or allowing third parties to use user accounts. Any and all account activities are deemed as the activities performed by the account holder, the user

All users are required to provide correct personal information during registration. When any false information is found, Zyxel will have the discretion to suspend or terminate the user account.

If any unauthorized or suspicious account activity is found, user should immediately notify Zyxel so that necessary precautionary measures can be taken.

II. Nebula

Nebula provides a networking paradigm for building and managing networks over the Internet in the Software as a Service model (SAAS). Over the cloud, thousands of Nebula networking devices can be configured, controlled, monitored and managed under the Nebula Control Center, locally or globally.

III. Restrictions on Use

For legitimate purpose only:

Monitoring for security concerns:

Users are prohibited from (a) modifying, reverse-engineering or replicating the hardware or the source code of any part of Nebula and other Services, directly or indirectly, and (b) reselling, distributing, using on a timeshare, outsourcing, or otherwise directly commercializing the sale or lease of the use of the service. Users acknowledge that doing so constitutes a breach of contract and Zyxel may cease all functions of the Services at our discretion and without compensation to You. In addition to termination of Services, Zyxel may pursue any and all legal and/or equitable remedies available to us.

IV. Disclaimer

Information on Zyxel’s website and services and products of Zyxel are provided "AS IS". In no circumstance shall Zyxel provide any other guarantee, explicitly or implicitly, including but not limited to implied guarantee on merchantability, fitness of service or product for particular purpose, ownership or non-infringement on third party's rights or interests, or any guarantee arising from transactions, business dealings or contract performance. In addition, Zyxel does not guarantee none of breakdowns, delays, interruptions, internet attacks, hacking, errors, poor voice quality for the Zyxel website, services or products, or none of losses or interceptions to contents, data or information.

Users or members hereby understand certain products and services provided by Zyxel are not encrypted and that unencrypted information may be intercepted during transmissions involving Zyxel, our services or products. Zyxel does not guarantee our website or any software, services or products therein are absolutely secure. Users hereby agree to bear any and all risks associated with unauthorized access to user information during transmission of unencrypted or encrypted information.

User understands and agrees that operation of the Zyxel system may experience interruptions, malfunctions, delays, errors in data transmission or storage due to force majeure events or third parties, including but not limited to breakdowns or failures of the software and hardware equipment of the Internet systems of relevant telecommunication service providers or natural disasters, for which Zyxel shall not be liable for any damages, compensations or reimbursements therefrom.

In no circumstances shall Zyxel or its officers, directors, employees, affiliates, suppliers or distributors, or any other service providers or vendors who provide services, devices or products relating to our services be liable for any compensations for damages from unauthorized use of the transmission facilities or peripherals of Zyxel or users, or unauthorized access to user's data files, programs, procedures or information for purpose of alteration, stealth or sabotage by way of accident, fraud, deceived device or any other method, whether or not such damages are due to negligence of Zyxel or its service providers or vendors.

The statements and descriptions about our services or devices made by Zyxel or the distributors or suppliers of Zyxel are only for notices and not any form of guarantee. As the information available on this website covers various jurisdictions around the world, not all the products, prices or programs mentioned herein are available or offered in the country/territory where the user is located. Please contact your local sales representative for more details about the products and services available in your country/territory.

While Zyxel makes all possible efforts to provide accurate information on the Zyxel website, Zyxel shall not be liable for accuracy of the information therein. Zyxel may change the programs or products mentioned in this Terms of Use at any time without notice. The products or service not available from Zyxel as mentioned in this Terms of Use are for reference only, and we do not endorse or suggest use of these products or services.

V. Limitation on Liability

In no circumstances shall Zyxel, its officers, directors, affiliates, employees, licensors or Internet service providers be liable for any damages including direct, indirect, incidental, consequential or punitive damages, litigation or costs, including but not limited to losses of goodwill, profits or data or interruption of operation, arising from or in connection with this Terms of Use and/or transactions contemplated under this Terms of Use, including use or inability to use the Zyxel website, services and/or products, inability to use emergency numbers to reach emergency repair staff or get urgent assistance, and unauthorized access or change to user's communication records or information, even if Zyxel has been aware or advised of the possibility of the above damages. In view of the evolving development of new technologies enabling hacking, Internet attacks, and interception of incoming and outgoing information, Zyxel does not guarantee that use of products, software or services or any equipment, system or Internet utilizing its products, software or services do not have any loopholes that may be taken advantage for hacking, attacks or information interception.

As some jurisdictions do not permit exclusions or limitations on the liabilities for implied guarantee or consequential or incidental damages, these restrictions in this clause may not apply to certain users. Users may have other legal rights depending on the jurisdictions they are located. These limitations shall apply to the greatest extent as permitted under the law.

VI. Intellectual Property Rights

Title to and copyrights, patents, trademarks, trade secrets and other intellectual property rights and other rights of all work and information on the Zyxel website are the properties owned by Zyxel or their original authors. Unless prior authorization from Zyxel or the right holders is obtained, no users shall reproduce, transmit, adapt, edit or use any of the above in any way or for any purposes. Otherwise, he/she will be held liable under Applicable Law.

VII. Waiver of Claims or Causes of Action

Users waive any and all claims or causes of action arising from and/or in connection with our services, except for those claims or causes of action arising from our gross negligence, omission, or intentional mistake.

VIII. Amendment

We may amend the terms and conditions of this Terms of Use by publishing the amendments on the Zyxel website any time. A user's continual use of the Zyxel website, services and/or products constitutes his/her acceptance of these amendments. This Terms of Use may not be modified in any manner unless amendments are made by a written Terms of Use signed by the user with us.

IX. Severability

Invalidity of part or all of any provisions under this Terms of Use shall not affect the validity of remaining provisions.

X. Collection and Use of Personal Information

Zyxel has a privacy policy that describes how we collect and use personal information of customers and web visitors ("Privacy Policy").Zyxel and the Nebula Service also provide a Data Processing Addedum (DPA) as complement to this Terms of Use. We encourage you to carefully review the Privacy Policy and DPA before providing any personal information using our services. Zyxel is not liable for any lack of privacy that you may experience from using our services. Please refer to our Privacy Policy and DPA for additional information.

XI. Governing law and Court of Jurisdiction

This Terms of Use and rights and obligations between users and Zyxel hereof shall be governed by the Internet policies and the law of the Republic of China. The Taipei District Court of Taiwan has the jurisdiction for the first instance over any disputes arising therefrom.

In case of violation of the law of the Republic of China or the place where a user is located ("Applicable Law"), actions available and permitted by Applicable Law will be taken.

XII. Termination of Usership

For avoidance of doubt, this Terms of Use will terminate in the event that the user account is terminated as explained in the General Principles or you decide to permanently close and stop the use of Nebula SaaS.

Zyxel reserves the rights to change the contents of our services or terminate our services available to any user account, of which relevant users will be notified with an email from us.

Privacy Policy

Your privacy is of the utmost importance to us. Zyxel Communications Corp., with its principal office at No. 2, Industrial East 9th Road, Hsinchu Science Park, Hsinchu City 30075, Taiwan (R.O.C.), as well as its branch offices and subsidiaries worldwide (hereinafter collectively referred to as “Zyxel”, “we”, “us”, or “our”) are committed to safeguarding your privacy. This Privacy Policy (“Policy”) details how we will process your personal data in compliance with the data protection laws of the European Union, namely the General Data Protection Regulation (GDPR).

Per the GDPR definition, Zyxel Communications A/S, at Gladsaxevej 378, 2. sal th 2860 Søborg, Denmark, will be a controller of your personal data, while other Zyxel affiliates may also be a controller and/or processor depending on the individual processing.

“Personal data” is information relating to an identified or identifiable natural person. We will process your personal data only if at least one of the following conditions applies:

(a) processing is necessary to perform a contract;
(b) processing is necessary for the purposes of legitimate interests; or
(c) you have given consent to the processing of your personal data for one or more specific purposes.

Click a link below to jump to that section of the Privacy Policy:

Data We Collect and Our Purposes
Cookies and Similar Technologies
Data Retention
Transfers of Personal Data
Your Rights
Children
Changes of Purpose
Changes and Updates
Our Data Protection Representative

Data We Collect and Our Purposes

a. Inquiries

We may process email and/or phone number data contained in any inquiry you submit to us in order to help us handle and reply to your inquiry. The legal basis for this processing is either consent or the performance of a contract.

b. Website Usage

We may process data about your use of our website and services. Such data may include your IP address, geographic location, browser type and version, operating system, referral source, length of visit, page views, and website navigation paths as well as information about the timing, frequency, and pattern of your service use. The legal basis for this processing is either consent or our legitimate interests, namely improving your browsing

c. Use of Our Services

Account Data
For certain Zyxel services, users are required to register a user account in order to activate their purchased service. Account data may include name, email address, login credentials, and postal address. This data may be processed for the purposes of providing our services, ensuring the security of our services, maintaining our databases, and communicating with you. The legal basis for this processing is either the performance of a contract between you and us or our legitimate interests, namely improving our service standard and/or developing more functionality for users.
Service Data
For our cloud or internet-based services, we may process the personal data you provide in the course of using our services. The service data may include your name, email address, login credentials, browser type, device ID, IP address, MAC address, system settings, network statistics, licence status, activity logs, device hardware status, and access time stamp. This data may be processed for the purposes of providing our services. The legal basis for this processing is either the performance of a contract between you and us or our legitimate interests, namely improving our service standard and/or developing more functionality for users.
Licence and Product Registration Data
We may process information relating to product registration or maintaining applicable licences on your devices. The licence and product registration data may include your name, email address, postal address, device ID, IP address, and MAC address. This data may be processed for the purposes of delivering purchased contracts and/or services to you. The legal basis for this processing is either the performance of a contract between you and us or our legitimate interests, namely improving our service standard and/or developing more functionality for users.

d. Subscriptions

If you provide your opt-in consent to subscribe to marketing information from us, we will process your email address and name for the purpose of sending you marketing information about our products and services. The legal basis for this processing is your consent. You may withdraw your consent at any time.

Cookies and Similar Technologies

We use cookies and similar tracking technologies to improve your browsing experience on our sites by displaying personalised content based on your preferences. Where required by law, we will obtain your consent before we collect related information from your device or use these technologies. If you do not want your information to be collected through the use of these technologies, you can disable cookies in your web browser settings. However, doing so may impact your browsing experience and limit the online services we may provide you.

Third-Party Cookies

We work with third parties to place cookies on our sites. These include:

AdRoll Smart Pixel
AdRoll SmartPixel tracks user visits in preparation for defining the audiences and segments for our retargeting campaigns. Read more: www.adroll.com
Baidu Tracking Code
This provides reports about the source of visitors, user demographics, content viewed on our sites, heatmaps, and other features. Read more: tongji.baidu.com
Cookie Script
“Cookiescriptaccept" is used to record whether a user has accepted our cookie script. Read more: cookie-script.com
Crazy Egg Tracking Code
Crazy Egg provides heatmaps, scrollmaps, and other services like A/B testing and recordings. Read more: www.crazyegg.com
Google
We use the following Google services:
- —Google AdWords
  We use Google’s advertising service to promote important keywords and run marketing campaigns. Read more: adwords.google.com
- —Google Analytics
  Google Analytics is used to track site statistics and user demographics, interests, and behaviour on our sites. We also use Google Search Console to help us understand how visitors find our website and to improve our search engine optimisation. Visit analytics.google.com to learn more about how this analytics information may be used and how to control the use of your information.
- —Google reCAPTCHA
  This is used to prevent spam from bots. Read more: www.google.com/recaptcha
- —Google Tag Manager
  We use Google Tag Manager to deploy and manage website tags. Read more: www.google.com/analytics/tag-manager
Facebook Pixel Tracking Code
Facebook Pixel is an analytics tool that helps us measure the effectiveness and performance of our advertising. The data it collects allows us to understand website visitors’ actions. Read more: https://www.facebook.com/business/help/651294705016616
Heatmap Tracking Code
We use the Heatmap tracking code to understand user behaviour on our sites in order to improve our content strategy. Read more: heatmap.me
HubSpot Tracking Code
We use Hubspot to track marketing activities in social media marketing, content management, web analytics, and search engine optimisation. Read more: www.hubspot.com
LinkedIn Conversion Tracking
This is used to track the performance of our advertising on Linkedin and to optimise our digital marketing approach in the future. Read more: https://business.linkedin.com/marketing-solutions/conversion-tracking
Marketo Tracking Code
We use this code to analyse user behaviour. Read more: www.marketo.com
Spiceworks
We use JavaScript scripts developed by Spiceworks to track marketing campaigns. Read more: www.spiceworks.com
YouTube Tracking Code
We use this tracking code to track the traffic of YouTube videos embedded in our sites.
Verification Code
This is used to prevent spam being sent by bots.

Data Retention

Your personal data will not be retained in excess of two years after the termination or cessation of our services or purposes, with the exception of when local laws and regulations require it to be retained beyond that period.

Transfers of Personal Data

Zyxel is a global company. To offer our products and services, we may need to transfer your personal data to other Zyxel affiliates in non-EU/EEA countries. Any transfers of personal data to outside EU/EEA countries are conducted pursuant to European Commission-approved Standard Contractual Clauses.

Your Rights

As a data subject, your principle rights under data protection law are as follows. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the relevant regulatory authorities for a full explanation of these rights.

The right to access personal data
The right to rectify personal data that is incorrect or incomplete
The right to erase personal data (“the right to be forgotten”) if certain grounds are met
The right to restrict/suspend the processing of personal data
The right to data portability
The right to withdraw consent at any time (if processing is based on consent)
The right to object to processing (if processing is based on legitimate interests)
The right to object to the processing of personal data for direct-marketing purposes
The right to complain to a supervisory authority if you believe that we have not handled your personal data in accordance with the GDPR

If you have any concerns or complaints about our use of your personal data or if you wish to exercise any of the above rights, please contact our data protection representative, as listed below. We will respond to any rights that you wish to exercise within a month of receiving your request unless the request is particularly complex or cumbersome. In cases involving the latter, we will respond within three months and will inform you within the first month that it will take longer than one month for us to respond.

Children

Zyxel does not knowingly collect information from children, as defined by local law, and does not target our website or services to children. If we learn that we have collected the personal data of children, we will take steps to delete the information as soon as possible.

Changes of Purpose

We may change our processing purposes over time. Any such changes will be executed only following the update of this Policy.

Changes and Updates

This Policy may from time to time be updated when necessary. We therefore reserve the right to change its contents at any time. We will publish the updated version of this Policy on this site. We suggest that you periodically re-examine the Data Protection Notice to stay up to date.

Our Data Protection Representative

If you reside in an EU/EEA country, please contact Zyxel Communications A/S at Gladsaxevej 378, 2. sal th 2860 Søborg, Denmark or euprivacy@zyxel.eu.

If you reside outside the EU/EEA, please contact Zyxel Communications Corp. at No. 2, Industrial East 9th Road, Hsinchu Science Park, Hsinchu City 30075, Taiwan (R.O.C.) or privacy@zyxel.com.tw.

As of 25th May, 2018

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