These terms and conditions govern your use of AIKO watch and app Aiko watch as well (hereinafter all as “AIKO”). AIKO is manufactured by TCCM s.r.o., ID: 27901084, seated at Jindřišská 937/16, 110 00 Prague 1 Czech Republic (hereinafter as “TCCM”). Please read through these Terms and Conditions of use and our Privacy policy (hereinafter “Terms and Conditions”) carefully. These Terms and Conditions of use are a contract between you and TCCM and may be amended from time to time. If you don’t agree to the Terms and Conditions, do not use AIKO. If you do use AIKO, you accept and agree to these Terms and Conditions because reading and acceptance of this essential necessity to use AIKO.
Intellectual Property
Except for the user generated content if any, the AIKO, including all copyrights, trademarks, and other intellectual property rights therein are protected by intellectual property rights and are owned by TCCM or a third party. You may not reproduce, distribute, modify or create derivative works of, publicly display, or commercially exploit any part of the AIKO except. If you believe that any content of the AIKO violates any third party intellectual property rights, please contact us immediately. We will, as soon as we receive your notification, take necessary action to cease any such violation and remove any illicit content from AIKO. AIKO trademark, the logo and any other trademarks, service marks, graphics, and logos used in connection with AIKO are trademarks or registered trademarks of TCCM or its licensors. Other trademarks, service marks, graphics, and logos used in connection with AIKO may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks other than right to use AIKO for personal use. In the event of any violations of the above, TCCM reserves the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, TCCM reserves the right to file a claim against you.
Limitation of liability
AIKO uses three technologies to determine the location of the AIKO watch.
GPS/AGPS location is calculated based on satellite signals, and it’s accurate up to 10m. It works only in outside environments, however can be affected by weather, surrounding buildings and tree canopy. Aiko Watch must be locked on to the signal of at least 4 satellites, in order to calculate your location on the map.
Wi-Fi location is calculated based on surrounding Wi-Fi networks. Normally it is accurate from 5 to 50 m from the real location. Its advantage is that it can be used indoors, but its quality is dependent on number of MAC addresses the watch finds, and the quality of Google’s database about the geolocation of these MAC addresses.
LBS uses operator 2G network to determine watch location. It works by measuring the radio signal delay of the closest cellular antenna. It is useful for confirming location indoors, when GPS is not working, but it can be very inaccurate.
Data from geolocation can be inaccurate, because of the above. TCCM is therefore not responsible for any quality and inaccurate geolocation, as the data comes from 3rd parties (operator antenna, Wi-Fi router via google database or GPS system).
Please be informed that TCCM is not responsible in the event you cannot make call with your child or receive voice message from your child by reason of your operator’s network or 3rd party error.
If any malfunction or cease of function of AIKO occurs TCCM will do immediately steps to come back into function. TCCM is not responsible if such malfunction is caused by 3rd party.
TCCM is also not responsible for any loss of income, business or profits, or any loss of data in the connection with your use of AIKO.
TCCM holds no responsibility for any damage to AIKO, its losing or infringement of the warranty conditions, incurred due to a failure by you to follow the Terms and Conditions.
Changes
TCCM reserves the right to modify time to time Terms and Conditions at any time. TCCM will not reduce your rights under Terms and Conditions without your explicit consent.
Severability
If any provision of Terms and Conditions is determined to be invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall be deemed to be deleted and shall not invalidate or render unenforceable the remaining provisions of Terms and Conditions. TCCM shall use all reasonable endeavors to replace the invalid or unenforceable provision by a valid provision with effect nearest to the provision being replaced.
Governing law and Jurisdiction
By using AIKO you agree that the laws of Czech Republic will apply to the matters relating to the use of AIKO, without regard to principles of the conflicts of laws. In the event of a dispute, disagreement between TCCM and you arising out of or in connection with your use of AIKO, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to the competent courts of Czech Republic.
Company TCCM s.r.o. ID: 27901084, seated at Jindřišská 937/16, 110 00 Prague 1 Czech Republic (hereinafter as „TCCM“ or „we“) as manufacturer of AIKO watch, understands how important your privacy is and is fully committed to protect your privacy. Our employees are familiar with the laws and guidelines on the protection of personal data and their security, and we strictly respect the privacy protection measures within TCCM. Do not post or provide TCCM with any personally identifiable information before you thoroughly read and understand this Privacy Policy (hereinafter as "principles"), that you will acknowledge and agree with.
TCCM informs that, in order to ensure the full functionality of AIKO watch and the fulfillment of all its obligations under the business terms for mobile application Aiko Watch for iOS and for Android (hereinafter as “app AIKO watch”), it collects and processes the following personal data of AIKO watch users and app AIKO watch:
a) name and surname;
b) birth date, height, width, gender;
c) e-mail address;
d) username and password for the user account;
e) monitoring of the movement and position of the AIKO watch user.
(hereinafter as „personal data“).
TCCM reports that the processing of your personal data is essential and necessary for the functionality of AIKO watch (app AIKO watch) and for taking advantage of all the benefits and technological innovations that AIKO watch offers to its users. In the event TCCM wasn’t authorized to process AIKO Watch personal data, it would not be able to assure the performance of its obligations under the app AIKO watch business terms.
We hereby inform you that your personal data are collected and administered by TCCM established in the Czech Republic as the controller of these personal data and is processed on behalf of the Shenzhen Dodo Intelligent Technology Co., Ltd., seated at North Wing of 2F, Building 2, Vision Business Park, No.9 High-Tech Park South Ninth Avenue, Nanshan District, Shenzhen, China as a processor of these personal data in a highly secured server located in Hong Kong. Both companies use and follow the agreed model of contractual clauses for the international transfer of personal data collected in the European Economic Area, in particular according to Commission Decision 2010/87 / EU of 5th February 2010. The Commission has defined these standard contractual clauses in its decisions, to establish an effective and simple instrument to ensure an adequate level of protection of personal data collected by the controller in the European Economic Area and after handing it over to third country processors (outside the European Economic Area) when the national legislation of such third countries does not always provide a sufficient level of protection of personal data.
We process personal data in order to ensure the functionality of AIKO watch (app AIKO watch), particularly for the connection and synchronization of the AIKO watch user with the user of app AIKO watch, to display the movement and position of AIKO watch users in the app AIKO watch for updates software, user authentication, and user identification. Your personal data may also be used when delivering our products, making, developing, improving and operating our products and providing services, and by sending the latest notifications regarding our products and services, including upcoming events for AIKO watch users and app AIKO watch.
The company may collect, use, and share accurate AIKO watch data, including geographical location, in real time from your device for the purpose of providing location-based services. This data can be provided to app AIKO watch users who have been paired with these AIKO watch.
We will process and store your personal data from the moment of activation the AIKO watch until the deactivation of your AIKO watch user account or revocation of consent to processing. Please note that withdrawal of consent to the processing of personal data without the simultaneous deactivation of the AIKO watch account is not possible insofar as the processing of personal data is necessary to ensure the functionality of AIKO watch and to meet TCCM's obligations under the app AIKO watch business terms.
By consent to process personal data in accordance with these policies, you agree to process TCCM as controller and Shenzhen Dodo Intelligent Technology Co., Ltd. as processor under the conditions set out in this policy, to the extent that processing is not necessary to ensure the functionality of AIKO watch (app AIKO watch). The TCCM as Administrator and Shenzhen Dodo Intelligent Technology Co., Ltd. as a processor for the processing of personal data to the necessary scope to ensure the functionality of AIKO watch arises from their obligation to ensure the functionality of AIKO watch and the duty to meet the obligations arising from the app AIKO watch business terms.
Our products and services are primarily intended for adults. Children are not allowed to create their own AIKO watch user accounts without the consent of parents or other persons as the holders of parental responsibility over the child (eg guardians). If the collection of personal data of children is carried out in accordance with legal requirements or with the consent of parents, we will use or communicate such personal data to the extent permitted by law, with the consent of parents in accordance with local laws and regulations or for the protection of the child. While the definition of a child may vary depending on applicable laws and local cultural practices, we consider every person less than fifteen (15) years of age to be a child.
If AIKO watch user is a child (a person under the age of 15), consent to the processing of the child's personal data must be provided by his or her parent or other persons as the holders of parental responsibility over the child (eg guardian). The child is not authorized to provide consent to the processing of personal data in particular.
If TCCM discovers that it has collected the child's personal data without first obtaining the consent of the child's parent or other persons as the holders of parental responsibility over the child (eg guardian), it shall take steps to remove such personal data as soon as possible.
TCCM informs you that it may be forced to disclose your personal data if required by law, court proceedings, lawsuits or state or governmental authorities of the country of your residence or other country. We may also make your personal information available if we consider it would be necessary to maintain the security of the state, compliance with the law or other matters of public interest.
In the event of a reorganization, merger, or sale of a TCCM plant, it will be entitled to collect and process your personal data to the respective legal successor of TCCM. At the same time, your collected and processed personal data will be handed over to the legal successor.
Our Privacy policy may change from time to time. We will not reduce your rights under this Privacy policy without your explicit consent.
Your right to verify the accuracy, completeness and up-to-date of your personal data collected and processed by TCCM, the right to withdraw consent to process your personal data to the scope that it is not necessary to ensure the functionality of AIKO watch as well as your right to limit the processing, correction, deletion of personal data, and the right to object to the processing of personal data may be by sending an e-mail message to the TCCM contact email address: (support@aikowatch.com).
In the event the processing of personal data of person older than 15 years of age:
I acknowledge that I have understood and agree with the processing of my personal data to the above information and principles of processing of personal data in the scope and under the conditions set forth in this policy.
In the event the processing of personal data of person under 15 years of age as a parent or other person as the holder of parental responsibility over the child:
I acknowledge that I have understood the abovementioned information and the principles of processing personal data and as the legal representative or holder of parental responsibility of the child - the user of AIKO watch - I agree with the processing of his / her personal data in the scope and under the conditions set forth in this policy.