Effective Date: July 11, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Creasoft PASS ("App"). BY USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, DO NOT USE THE APP.

ACCEPTANCE OF TERMS

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the App.

DESCRIPTION OF THE APP

The App is designed to facilitate time attendance tracking using location-based services. It allows users to clock in and clock out, track working hours, and view attendance reports. The App is available for both iOS and Android devices. The iOS version can be downloaded from the Apple App Store, while the Android version is available as an APK file for direct installation.

PRIVACY AND LOCATION DATA

a. Privacy Policy: The collection, storage, and use of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

b. Location Data: To provide accurate time attendance services, the App requires access to your device's location data. By using the App, you consent to the collection, use, and sharing of your location data as described in our Privacy Policy. You have the option to disable location services within the App; however, this may affect the functionality of certain features.

USER RESPONSIBILITIES

a. Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to keep it up to date.

b. Proper Use: You will use the App only for lawful purposes and in accordance with these Terms and Conditions. You will not engage in any activity that may interfere with the operation of the App or infringe upon the rights of others.

c. Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

INTELLECTUAL PROPERTY RIGHTS

a. Ownership: The App, including all intellectual property rights, is and will remain the exclusive property of Creasoft IT. These Terms and Conditions do not grant you any rights to use our trademarks, logos, or other proprietary information.

b. License: Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for its intended purposes.

DISCLAIMER OF WARRANTIES

a. The App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not warrant that the App will be error-free, secure, or uninterrupted.

b. You acknowledge that the accuracy, reliability, and availability of location data may be affected by various factors beyond our control, including but not limited to the quality of your device's GPS signal and external environmental conditions.

LIMITATION OF LIABILITY

To the extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the App, including but not limited to loss of data, loss of business, or loss of profits.

DOOR ACCESS FUNCTIONALITY

a. QR Code Access: The App may offer a door access functionality that allows users to open doors by scanning a QR code. This feature may require additional hardware or integration with compatible access control systems provided by Creasoft. By using this feature, you acknowledge and agree that Creasoft shall not be liable for any unauthorized access or misuse of the door access functionality.

b. Bluetooth-based Access: The App may provide the ability to send the employee ID through a Bluetooth connection for door access purposes. This feature requires compatible door access systems and devices. By using this feature, you understand and agree that Creasoft IT does not guarantee the security or reliability of Bluetooth-based access and shall not be responsible for any unauthorized access or misuse of the door access functionality.

c. User Responsibilities: If you choose to use the door access functionality of the App, you are solely responsible for ensuring the security of your employee ID, device, and any associated access credentials. You agree to take appropriate measures to protect your information and prevent unauthorized access or use.

THIRD-PARTY SERVICES

a. The App may integrate or enable access to third-party services or applications that are not owned or controlled by Creasoft IT. We are not responsible for the availability, accuracy, or legality of such third-party services. Your use of any third-party services is subject to the terms and conditions and privacy policies of the respective providers.

b. You acknowledge and agree that Creasoft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party services or your reliance on the content, goods, or services available through such third-party services.

TERMINATION

a. We may, at our discretion, suspend or terminate your access to the App, including any associated services, at any time and for any reason without prior notice. Upon termination, you must cease all use of the App and delete any copies of the App from your devices.

b. Termination of your access to the App will not release you from any obligations or liabilities incurred prior to the termination.

GENERAL PROVISIONS

a. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Creasoft IT regarding the use of the App and supersede any prior agreements or understandings, whether oral or written.

b. Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

c. Waiver: The failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Creasoft IT in writing.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Romania. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Romania.

 

PRIVACY POLICY

Last Updated: July 11, 2023

Please read this Privacy Policy carefully to understand how we collect, use, and share your location data within the Creasoft Pass("App"). By using the App, you agree to the collection, use, and sharing of your location data in accordance with this Privacy Policy.

INFORMATION COLLECTED

a. Location Data: The App collects and uses your location data to provide accurate time attendance services. This may include information about the geographic location of your device in real-time only at the time when you use the attendance recording features.

b. Other Information: In addition to location data, we may collect other information that you provide within the App, such as your name, email address, and any other information necessary for the use of the App.

USE OF DATA

a. Service Provision and Improvement: We use your location data to provide you with the features of the App, including attendance recording, calculation of working hours, and generation of attendance reports. We also use this data to improve and optimize our services.

b. Communication and Support: We may use your contact information, including email address, to send you relevant communications, updates, or notifications related to the App and to provide you with necessary support in using the App.

c. Analysis and Aggregation: We may use the collected data to perform analysis and aggregated statistics for business and research purposes. These aggregated insights will not contain any personally identifiable information.

DATA SHARING

a. Service Providers: In order to provide and improve the App, we may share your location data with our service providers, such as cloud storage providers or data analysis providers. These service providers are contracted to maintain confidentiality and to use your data only for the purposes defined by us.

b. Legal Compliance: We may disclose your location data to the extent required by law or pursuant to a valid legal process or to protect our rights, property, or safety, or that of others.

c. Your Consent: Outside of the situations mentioned above, we will not share your location data with third parties without your explicit consent.

DATA SECURITY

We are committed to protecting your location data by implementing appropriate security measures to prevent unauthorized access, use, or disclosure. However, no data transmission or storage system can be guaranteed to be 100% secure. Therefore, we cannot guarantee the absolute security of your data and we do not assume responsibility for any security breaches that may result in the disclosure or unauthorized access to your data.

ACCESS AND CONTROL OF DATA

In accordance with applicable data protection laws, you have the right to request access, update, correct, or delete your location data. You also have the right to request the restriction of processing or to object to the processing of your data under certain circumstances. To exercise these rights or for any questions or requests regarding your data, please contact us using the contact information provided at the end of this Privacy Policy.

CHANGES TO THE PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. Any changes will be effective from the date of publication of an updated version of the Privacy Policy within the App. Please check this Privacy Policy periodically to stay informed of any changes. Your continued use of the App after the modification of the Privacy Policy constitutes your acceptance of the updated version of the Privacy Policy.

CONTACT

For any questions, requests, or concerns regarding this Privacy Policy or the management of your data, please contact us using the following contact information:

Creasoft IT - Romania, Bucharest, Iuliu Maniu nr.7, in Cotroceni Bussines Center.

office@creasoft.ro