FieldSense ® Terms Of Use
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and various other relevant statutes. This electronic record is generated by a computer system and
does not require any physical or digital signatures.
This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and QuantumLink Communications Private Limited (QLC), stating the terms that govern your use of the Site or
the Platform, as defined below. By accepting these terms of use in any manner or accessing this website, you consent, agree and undertake to abide, be bound by and adhere to the terms of use and the Privacy Policy accessible
at https://www.fieldsense.in/terms-of-use.html and https://www.fieldsense.in/privacy-policy.html respectively, and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") and if you do not agree to these terms of use, you are not entitled to avail of /
use the services and any use thereafter shall be unauthorized.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any
Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services via mobile and web applications under the name FieldSense (referred to as the Service) for online collaboration, real-time communications and management of field operatives and others within
the organisation ("Service" or "Services"). You may use the Services for your internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by
the Services and using the mobile apps developed by us. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account
and the information you create is shared with other members of your organisation.
Beta Services
The Service may also include certain features/functionality as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion
to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You
will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to
time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that QLC will not be liable to you or to any third party for any harm related to, arising out of, or caused by the
modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided
with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing QLC notice by email within 15-days of being notified of the availability
of the modified Terms, if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of
the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend
that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and
- maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if QLC has
reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, QLC may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators to manage your organisation’s account. The administrators will have the right to configure the Services based on your requirements
and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, make sure that you enter into a suitable agreement with such third party specifying
such party’s roles and restrictions as an administrator of your organization account.
You are responsible for
- ensuring confidentiality of your organization account password,
- appointing competent individuals as administrators for managing your organization account, and
- ensuring that all activities that occur in connection with your organization account comply with this Agreement.
You understand that QLC is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such
loss of control of the administrator accounts by sending an email to legal@qlc.in, provided that the process is acceptable to QLC. In the absence of any specified administrator account recovery process, QLC may provide
control of an administrator account to an individual providing proof satisfactory to QLC demonstrating authorization to act on behalf of the organization. You agree not to hold QLC liable for the consequences of any
action taken by QLC in good faith in this regard.
Personal Information, Privacy & Data Ownership
Your opting to use the Service indicates your acceptance of the terms of the QLC Privacy Policy.
Communications from QLC
The Service may include certain communications from QLC, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. We
provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to
the complainant directly within 10 days of receiving the complaint forwarded by us and copy QLC in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may
disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’
time limit will be construed as your consent to disclosure of your name and contact information by QLC to the complainant.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer the Services or otherwise make it available to any third party;
- provide any service based on the Services without prior written permission from QLC;
- use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of QLC;
- Violate any applicable local, state, national or international law; and
- Create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing,
libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code,
or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass
distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide
you prior notice of such termination and option to backup your data. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Trademark
QLC, QLC logo, FieldSense and the FieldSense logo are trademarks of QLC. You agree not to display or use, in any manner, the QLC trademarks, without QLC’s prior permission.
Disclaimer of Warranties
While every effort is made by QLC to provide highest quality services to its Users, the User acknowledges that the linking, quality and speed of data transmission through the networks is entirely dependent on the telecommunication
set-up or any other form(s) of local/Internet connectivity. Accordingly, QLC shall in no event be responsible to the User in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of
connectivity of the User or the deficiency in data transmission, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising therefrom. QLC and their third party service providers expressly
disclaim all warranties of the Service, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
You agree that QLC shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure,
loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if QLC has been advised of the possibility of such damage. In no event shall QLC’s entire liability
to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Indemnification
You agree to indemnify and hold harmless QLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of
or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the
Services, except where such use is authorized by QLC.
Term
The Term of this agreement is as specified in the invoice served upon the User for payment and depends upon the “Period of use”. In case of User intending to renew this agreement, upon request by the User at least 2 weeks
prior to the cessation of the term of this agreement, QLC will serve upon the User the charges applicable and the renewed Term through a fresh invoice, which if accepted by the User through payment of the charges or
acknowledgment of acceptance via email or other correspondence this agreement shall be considered renewed under the terms and conditions specified herein and this agreement shall survive for the renewed term.
Proprietary Rights
The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in configuration software, sponsor advertisements (if
any) or any other information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other Intellectual property rights and laws.
The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by QLC, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express authorization.
Force Majeure
If at any time, during the term of the agreement, the performance in whole or part of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage,
fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the User shall not have any claim for damages against QLC in respect of such non-performance or delay in performance the
Services.
Arbitration Of Disputes
In the event of any question, dispute or difference arising out of this agreement and/or the Services, the matter shall be referred to the sole arbitration of the Managing Director, QuantumLink Communications Pvt. Ltd,
Mumbai.
Amendment
QLC may modify this Agreement at any time, and such modifications shall be effective immediately upon email, posting or other method of notification to User. User's continued use of the Services shall be deemed to be User's
conclusive acceptance of the modified Agreement.
Jurisdiction
This Agreement and the relationship between QLC and the User shall be governed by the laws of India within the jurisdiction of the city of Mumbai. The failure of QLC, and their third party service providers to exercise
or enforce any right or provision of this Agreement, shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government
agencies. Objections to suspension or disabling of user accounts should be made to legal@qlc.in within 30-days of being notified about the suspension. We may terminate a suspended or disabled user account after 30-days.
We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical
issues or discontinuation of the Beta Service. You have the right to terminate your user account if QLC breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid
fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at legal@qlc.in
FieldSense ® Data Privacy Statement
What is the purpose of this document?
QuantumLink Communications Pvt. Ltd. (hereinafter referred to as “QLC”) and the FieldSense platform are committed to protecting the privacy and security of your personal information.
This privacy statement describes how we collect and use your personal information and data, in accordance with the EU General Data Protection Regulation (GDPR).
It applies to all users of the FieldSense service and website visitors, known through this document as “users” or "data subjects".
The FieldSense/QLC is a "data controller", which means that as per the GDPR, we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify
you of the information contained in this privacy statement. We may update this statement at any time.
It is important that you read this statement, together with our Terms of Use to have a clear and complete understanding of how we categorize data and process
it.
Definition:
User(s): User(s) also referred to as You or Yours in this Privacy Policy are the Customers, Administrators and End users of the Services.
Customer(s): Offices, Firms, Legal Entities, Organizations engaged in business or otherwise, to whom the Service is provided.
Administrator: Any and all individuals appointed by Offices, Firms, Legal Entities and such other organizations, to administer the use of Services.
End User: Employees and/or staff of Customers using the Service, .and other users of the website and/or the Service not covered under the definition of Customers and Administrators.
Services: Services provided by QuantumLink Communications Pvt. Ltd. through its FieldSense Platform, Mobile Application, Web Application and website www.fieldsense.in.
User data: All information collected from the Users who use the Services or visit the website www.fieldsense.in.
Personal Information: Information provided by the User such as email, name, date of birth, gender, Internet Protocol address and such other information identifying the User including credit card or other
payment information submitted to us through use of the Services.
Business Data: Any personal information and data of User(s) provided by Customers and Administrators for use of the Services will be considered business data.
Information We Collect
We collect User data by the use of Cookies, third party web beacons and buttons, ad tags, device identifiers, & Internet Protocol identifiers. We also collect contents of your user account, device used to access Services,
usage details, third party information stored in your user account, information provided to any third party through use of the Services. It is also to be noted that we collect information from visitors who browse our
website
www.fieldsense.in even if the Service is not used.
How we collect the information
FieldSense may collect and receive User data in a variety of ways:
- Account Information: Personal Information provided to create or update a FieldSense account.
- Usage Information:
- Log data: As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log
data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about
browser configuration and plugins, language preferences and cookie data.
- Device information: FieldSense collects information about devices accessing the Services, including type of device, operating system used, device settings, application IDs, unique device identifiers and crash data.
Whether we collect some or all of this information often depends on the type of device used and its settings.
- Location Information: We receive information from you, your employees and other third-parties that help us approximate your location. We may, for example, use a business address submitted by your employee, or an IP
address received from your browser or device to determine the location. FieldSense may also collect location information from devices in accordance with the consent process provided by your device.
- Cookie Information: FieldSense uses cookies and similar technologies in our Websites and Services that help us collect information. Our Websites and Services may also include cookies and similar tracking technologies
of third parties, which may collect other information about you via the Websites and Services and across other websites and online services.
- Third Party Services: Information available from the User as a result of the User accessing or using third party services through Services.
- Additional Information Provided to FieldSense: User data received by us as a result of the User(s) participating in surveys, contests, activities or events, job applications, demo/technical support, interaction with
our social media accounts or other communication with FieldSense and QLC.
Choice to Opt out
User has the choice to opt out and not provide information that is being sought for use of the Services. However, opting out or not providing the complete information will disqualify you from using the Services.
How We Use Information
The User data is collected to provide, improve, personalize, support and make the Services more relevant. The information is also used for research, development of the Services and to track user behavior and preferences.
Information collected from User(s) helps us to recommend content, provide alerts and notifications, and provide business insights to Users and the organisation that employs them. The User data could also be used to
create effective advertising and marketing of the Services.
FieldSense uses information provided by you for the following purposes:
- To provide, update, maintain and protect our Services, Websites and Business. This includes use of other information to support delivery of the Services under a Customer Agreement, prevent or address service errors,
security or technical issues, analyze and monitor usage, trends and other activities with the user’s consent.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use the information provided by you to respond.
- To develop and provide search, learning and productivity tools and additional features. FieldSense tries to make the Services as useful as possible for the customers. For example, we may use information to help determine
and rank the relevance of content, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize the Services experience or create new productivity
features and products.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services,
our Services offerings, and important Services-related notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features,
promotional communications or other news about FieldSense. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. FieldSense may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track
of billing and payments.
Data Retention
FieldSense will retain User Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Customer
may be able to customize its retention settings and apply those customized settings at the account level. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification
of certain other associated information.
FieldSense may retain information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your information after you have deactivated your account for the period
of time needed for FieldSense to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.
With Who Do We Share the Information
Information collected by us is shared, to necessary and reasonable extent, with persons and/or legal entities who aid us render our services to the User. However such persons and legal entities are obligated not to disclose
or use the information shared for any purpose other than to facilitate the services, engagements and tasks assigned to them by us.
We may have to disclose User information and any service related information with respect to Users, when required by law or in case of legal summons and proceedings. The User will be notified of such disclosure within the
period required by statute.
Third-party Services
The User(s) are recommended to check the privacy policy of the third party services that the User(s) may use through the Services or via external links provided on our website to access such third party services. We are
not responsible for any privacy issues or service defect that may arise out of the use of third party services irrespective of it being accessed through our website and Services.
How We Share And Disclose Information
This section describes how FieldSense may share and disclose information. Customers determine their own policies and practices for the sharing and disclosure of information, and FieldSense does not control how they or any
other third parties choose to share or disclose information.
- Customer’s Instructions: FieldSense will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s
use of Services functionality, and in compliance with applicable law and legal process.
- Displaying the Services: When a User submits information, it may be displayed to other Users in the same or connected accounts. For example, a User’s name, gender, email address, and mobile number may
be displayed with their account profile.
- Collaborating with Others: The Services provide different ways for Users working in an account to collaborate, such as the “My Team” interface, which enables the users to learn about each other’s historical
and current activities and location and work collaboratively.
- Customer Access: Company Owners & Account Administrators may be able to access, modify or restrict access to information. Users sending requests to access, modify, restrict or delete data will be
asked to contact the Company Owner or Account Administrators.
- Third Party Service Providers and Partners: We may engage third party companies or individuals as service providers or business partners to process information and support our business. These third
parties may, for example, provide insights on the usage of a Customers’ users/employees. The Company Owners or the Account Administrators may enable or disable Third Party Services. When enabled, FieldSense may
share information with Third Party Services. Third Party Services are not owned or controlled by FieldSense and third parties that have been granted access to your information may have their own policies and practices
for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
- Corporate Affiliates: FieldSense may share information with its corporate affiliates, parents and/or subsidiaries.
Data Security
We use industry standards and procedures that are commercially reasonable to secure the User data. While we do use our best efforts to secure the User data, we do not warrant or guarantee the security of any information
that the User may transmit to or through the Service or store on the Service. In case of security systems breach, we may attempt to notify the User electronically. Upon notice of security breach either through us or
otherwise, the User is required to take appropriate steps to protect User data and to mitigate the loss that may occur due to the breach. If security breach is first noticed by the User it is expected that the User
shall report such breach forthwith at support@fieldsense.in.
Children's Privacy
We do not knowingly collect any personal information from children below the age of 16.
To the extent prohibited by applicable law, FieldSense does not allow use of Services by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact
us and we will takes steps to delete such information.
Changes To This Privacy Policy
FieldSense may change this Privacy Policy from time to time. If we make changes that materially alter your privacy rights, FieldSense will provide additional notice, such as via email or through the Services. If you disagree
with the changes to this Privacy Policy, you should deactivate your Services account.
Data Protection Officer
To communicate with our Data Protection Officer, please email dpo@fieldsense.in.
Your Rights: Access, Deletion and Modification of User Data
In compliance with the General Data Protection Regulation, User(s) may, through the Administrator, grant and/or remove access from FieldSense account, assign roles, configure settings, modify, export, share and/or delete
User Data other than Business data. . However, the User(s) cannot delete, modify, share, withdraw or provide access to Business Data unless the Customer has consented to the requested action and we receive such request
from the Customer directly. .
Contacting FieldSense
Please also feel free to contact FieldSense if you have any questions about this Privacy Notice, or if you are seeking to exercise any of your statutory rights. You may contact us at dpo@fieldsense.in.
