Solink Legal Center

Legal Policies

Software license agreement

BEFORE CLICKING ON THE “ACCEPT” BUTTON YOU, AS THE CUSTOMER, MUST CAREFULLY READ THE TERMS AND CONDITIONS SET OUT BELOW GOVERNING CUSTOMER’S SUBSCRIPTION FOR, ACCESS TO AND USE OF THE SOLINK VIDEO INTELLIGENCE SERVICES AND THE VIDEO MONITORING SERVICES (THE “MONITORING SERVICES”) (TOGETHER THE “SERVICES”), THE NETWORK ATTACHED STORAGE DEVICE (the “NAS”) AND, IF APPLICABLE, THE MULTI-CHANNEL VIDEO ENCODER IP SWITCH, VIDEO CAMERAS, AND COMPUTER MONITOR (THE “EQUIPMENT”) AND THE SOFTWARE (AS DEFINED BELOW). BY CLICKING ON THE “ACCEPT” BUTTON, CUSTOMER ACCEPTS AND AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”). IF YOU, AS CUSTOMER, ARE ENTERING INTO THIS AGREEMENT ON BEHALF AN ORGANIZATION OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH ORGANIZATION OR ENTITY. “CUSTOMER” SHALL REFER TO SUCH ORGANIZATION OR ENTITY. IF THE CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK ON THE “DO NOT ACCEPT” BUTTON AT THE END OF THIS AGREEMENT AND DO NOT SUBSCRIBE TO THE SERVICES OR USE THE SOFTWARE.

1. LICENSE

1.1 License – Services

Solink Corporation (“Solink”) grants and Customer hereby accepts, upon payment by Customer of the Fees (as defined below) and subject to the terms and conditions contained herein, a limited, nontransferable, nonexclusive, worldwide, enterprise-wide and revocable license (the “License”), without the right to sublicense, to use the Services and to access and use all material, information and technology offered as part of the Services including but not limited to documents, articles, reports, software, graphics, text, images and logos, algorithms, processes, user interfaces, designs and know-how (the “Content”) solely for Customer’s internal business purposes.

1.2 License – Platform

Solink grants and Customer hereby accepts, upon payment by Customer of the Fees (as defined below) and subject to the terms and conditions contained herein, a non-exclusive, non-transferable, limited use license, without the right to sublicense, to use the Solink Platform software (the “Software”) in object code form, solely in connection with Customer’s use of the Services.

1.3 Leased Hardware

Customer will lease the NAS and the Equipment (together the “Leased Hardware”) and will have use of the Leased Hardware during the Term.

1.4 Delivery

Solink will deliver the Software and provide access to the Services by electronic delivery. Solink will advise the Customer promptly of any expected delay in delivery. The Leased Hardware ordered pursuant to the terms of this Agreement shall be shipped to Customer at the address designated address by the Customer and delivered to Customer, FCA (Incoterms 2000), at either Solink’s or the Leased Hardware supplier’s facility. All freight, insurance, and other shipping expenses shall be paid to the carrier or freight forwarder by Solink.

1.5 Restrictions

Customer acknowledges that the Software, Services and the Content, constitute valuable trade secrets of Solink and its licensors. Except as otherwise set out in this Agreement, Customer shall not (i) copy or use the Software, Services or the Content; (ii) alter, modify, duplicate, translate, de-compile, reverse engineer, or attempt to recreate the Software, Services or the Content, in whole or in part; (iii) modify or create any derivative works from the Software, Services or the Content any part thereof; (iv) merge the Software, Services or the Content with any other software; (v) disclose to any third party any performance information or analysis relating to the Software, Services and the Content; (vi) license, sublicense, sell, convey, assign, transfer, give, lend, rent, transfer or otherwise grant any right to any of the Software, Services or the Content or any of Customer’s rights hereunder, in whole or in part, voluntarily or involuntarily, by operation of law or otherwise, to any person, individual, legal or personal representative, partnership, company, corporation, syndicate, association, trust or governmental body otherwise; (vi) build an identical product to the Software or the Services or a product with similar ideas, features and functionality as the Software or the Services; and (vii) copy any ideas, features of functions of the Software or the Services. Customer agrees to retain, on all copies of any Content Customer downloads, all copyright and other proprietary notices contained in the Content. The Software, Services and the Content are protected by Canadian and worldwide copyright laws and treaty provisions. Customer agrees to comply with all copyright laws worldwide in Customer’s use of the Software, Services and the Content and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Solink does not grant any express or implied right or license to Customer under any intellectual property right, including under any patent, trade-mark, copyright, trade secret or confidential information of Solink or its licensors.

2. CUSTOMER DATA

2.1 Customer Data

In the course of using the Services, Customer may upload certain information, data and material, including but not limited to video and/or audio footage uploaded through the Services (the “Customer Data”). Customer agrees that the Customer Data will (i) comply with all applicable laws; (ii) not contain infringing, obscene, threatening, libelous, or other illegal material; (iii) not include material containing software viruses, worms, Trojan horses or other harmful computer codes, files scripts or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware telecommunications equipment; (iv) not knowingly contain any content, work, name, logo or mark that infringes any intellectual property right of any person; and (v) not knowingly violate the privacy rights, publicity right or contract rights of any person.

2.2 Ownership of Customer Data

Customer acknowledges that Customer owns the Customer Data and all intellectual property rights therein, and that Customer has the right to grant the license to Solink to use such Customer Data. Customer will have sole responsibility for the accuracy, quality, integrity, reliability, appropriateness and intellectual property ownership and for obtaining the right to use all of the Customer Data submitted by Customer.

2.3 License

Customer agrees to grant Solink and its third party service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to (i) use, access, receive, store, process and/or disclose the Customer Data for the purpose of providing the Services to the Customer; (ii) use the Customer Data for the purposes of analyzing, aggregating and preparing reports and recommendations and other outputs; and (iii) provide aggregate and anonymous metadata generated as a result of Customer’s use of the Services to third parties. In addition to the rights granted above, Customer also acknowledges and agrees that Solink may access, use, preserve and/or disclose the Customer Data to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Solink believes in good faith that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or reasonable preservation request; (b) enforce the terms of this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Solink, its users, a third party, or the public as required or permitted by law. Solink will use the Customer Data in accordance with Solink’s Privacy Policy.

2.4 Data Protection

In the course of using the Services, Customer may provide to Solink personally identifiable information (“PII”), Personal Information, or Personal Data as those terms are defined by the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), or any other applicable privacy law. Customer acknowledges that Customer has obtained the consent to use any personally identifiable information (“PII”) contained in the Customer Data from the person to whom such PII pertains, and that Customer has complied with all relevant privacy laws in collecting, using and disclosing such PII to Solink.

3. FEES

3.1 Fees

Customer shall pay Solink a subscription fee for use of the Software, Leased Hardware and access to the Services (the “Fees”). The Fees will be set out in the subscription link sent to Customer by Solink. Payment by the Customer will be due within thirty (30) days of the date of the invoice. All overdue amounts will collect interest at a rate of 1.5% per month. Solink reserves the right to terminate Customer’s access to the Services if Customer fails to pay any Fees when due or if Customer provide false or fraudulent billing or contact information.

3.2 Taxes

All fees and other charges specified in this Agreement are exclusive of all applicable goods and services taxes and any other taxes imposed or levied by any government or government agency, including sales or use taxes (the “Purchase Taxes”). Customer will pay all Purchase Taxes, other than taxes on Solink’s net income, as a result of the transactions contemplated by this Agreement.

4. CUSTOMER RESPONSIBILITIES

4.1 Account

Customer is responsible for all of the activity associated with Customer’s account and Customer agrees to notify Solink immediately in the event of any unauthorized use of its account or password or if Customer suspects its account or password has been compromised in any way. Customer agrees not to misrepresent itself in order to gain access to the Services. Customer is responsible for advising Solink of any change in its billing or contact information.

4.2 Acceptable Use Policy

Customer must at all times comply with the terms and conditions of Solink’s Acceptable Use Policy.

4.3 Applicable Laws

Customer must abide by all applicable local, provincial, state and national laws, including those relating to data privacy and data protection, and all relevant treaties and directives in Customer’s use of the Services.

4.4 Limiting Access

Customer shall not permit persons other than Customer’s authorized representatives to access the Services. Customer represents that it is not a competitor of Solink and agrees that Customer shall not knowingly allow competitors of Solink to access the Services.

4.5 No Responsibility

Solink accepts no responsibility and shall not be held liable for any delays, performance issues, stoppages, outages, increased costs or other similar events relating to the Services resulting from Customer’s failure to adhere to the provisions set out in this Section.

5. THIRD PARTIES

5.1 Content

The Services may from time to time contain materials, data or information provided, posted or offered by third parties. Customer agrees that Solink will have no liability whatsoever to Customer for any such third party material, data or information.

6. OWNERSHIP

6.1 Ownership of Software

Solink and its licensors own all right, title and interest in and to the Software, Services and the Content, including without limitation, all copyrights, trade secrets, patents, and other intellectual property rights. Upon termination of this Agreement unless otherwise provided herein, all of Customer’s rights in connection with the Software, Services and the Content, including but not limited to the right to access and use the Services and the Content, will terminate.

6.2 Trade-marks

The trade-marks, logos and company names of Solink or any of its affiliates and licensors used as part of the Services and the Content may not be copied, imitated or used, in whole or in part, without the prior written consent of Solink or any such affiliate or licensor. Other products, services logos and company names mentioned as part of the Services and in the Content may be the trade-marks of their respective owners.

6.3 Proprietary Notices

Customer agrees not to alter, remove, deface or destroy any copyright, trade-mark or proprietary markings or confidential legends placed upon or contained in the Services and the Content or in or on any related material.

7. WARRANTIES

7.1 Software and Services

Solink warrants that the Software and the Services are designed to and shall operate in substantial conformity with the specifications set out in the user documentation.

7.2 Leased Hardware

Solink warrants that the Leased Hardware will function, when given normal, proper and intended usage, substantially in accordance with the published specifications for the Leased Hardware as provided by the Leased Hardware manufacturer. Solink’s sole remedy for any defect in the Leased Hardware is limited to the remedy available to Solink from the Leased Hardware manufacturer.

7.3 Content

The Content may contain inaccuracies and typographical errors. Solink makes no representation or warranty regarding the accuracy or completeness of the Content or information accessible while using the Services, or the reliability of any advice, opinion, statement or other information displayed or distributed through the Services. Customer acknowledges that any reliance on any of the foregoing and Customer’s use of the Services and the Content shall be at Customer’s sole risk. Solink reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Services or in any portion of the Content. Solink may make any other changes to the Services and the Content at any time without notice.

7.4 General Warranty

Solink warrants that (i) Solink has the right to enter into this Agreement; (ii) to Solink’s knowledge, neither the Software, Services nor the Content infringes upon the Proprietary Rights of any third party; (iii) to Solink’s knowledge, there are no liens, encumbrances or claims pending or threatened against Solink or that adversely relate to the rights or licenses granted in this Agreement or to the Services and the Content; and, (iv) subject to the standard conditions applicable to shrink wrap software and other foundational software used in the creation of, or required in conjunction with, the Software and the Services, no licenses, permission or releases of third party rights are necessary for Customer’s use of the Services in accordance with the terms of this Agreement. For purposes of this Agreement, “Proprietary Rights” means any or all intellectual property and other property or proprietary rights, including, without limitation, patents, copyrights, trade secrets and trademarks.

7.5 PCI Data

Customer agrees not to provide any PCI data to Solink as part of the Customer Data.

7.6 Warranty Disclaimer

EXCEPT FOR THE WARRANTIES IN THIS SECTION 7, THE SOFTWARE, LEASED HARDWARE, SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND SOLINK AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS AND AGREES THAT THE SOFTWARE, THE LEASED HARDWARE, THE CONTENT AND THE SERVICES ARE DETECTION AND NOTIFICATION PRODUCTS AND SERVICES. THE SERVICES DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES, AND CUSTOMER AGREES NOT TO PURCHASE OR RELY ON THE SERVICES TO SO ELIMINATE SUCH OCCURRENCES OF EVENTS. FURTHER, CUSTOMER UNDERSTANDS AND AGREES THAT THE SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, SOLINK MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE REFERENCED ABOVE) THAT THE SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES. SOLINK DOES NOT WARRANT THAT THE SOFTWARE, LEASED HARDWARE, SERVICES AND THE CONTENT WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE, LEASED HARDWARE, SERVICES AND/OR THE CONTENT WILL BE FREE FROM ERRORS OR FUNCTION WITHOUT INTERRUPTION, THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE NOR THAT ANY CUSTOMER DATA CAN BE RESTORED FROM ANY PARTICULAR BACKUP PROCEDURE. SOLINK DOES NOT WARRANT THAT USE OF THE SERVICES WILL ENABLE CUSTOMER TO ACHIEVE ANY PARTICULAR RESULT OR RESULTS IN CUSTOMER’S BUSINESS OPERATIONS.

8. LIMITATION OF LIABILITY

8.1 IN NO EVENT WILL SOLINK BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, COST OF COVER, ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE, THE LEASED HARDWARE, THE SERVICES OR THE CONTENT, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. SOLINK DISCLAIMS ALL LIABLITY OF ANY KIND OF SOLINK’S LICENSORS AND SUPPLIERS. CUSTOMER SPECIFICALLY AGREES THAT SOLINK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY ACTUAL OR ALLEGED FAILURE TO DETECT, REPORT, PREVENT, OR MITIGATE ANY EVENT WHICH HAS, MAY, OR SHOULD RESULT IN AN ALARM. IN ADDITION, EXCEPT WITH RESPECT TO CLAIMS BASED ON WILFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT WILL SOLINK BE LIABLE FOR ANY DAMAGES OF ANY KIND GREATER THAN THE AMOUNTS PAID TO SOLINK HEREUNDER IN THE TWELVE MONTHS PRECEDING THE CLAIM. THIS AMOUNT SHALL BE CUSTOMER’S SOLE REMEDY AND THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL LOSS, DAMAGE, INJURY OR DEATH, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTING DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY, FROM THE PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IN THIS AGREEMENT, OR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FROM THE NEGLIGENCE, ACTIVE OR OTHERWISE, OF SOLINK, SOLINK’S ASSIGNEES, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES. SOLINK WILL NOT BE LIABLE FOR ANY DELAYS OR DAMAGES ATTRIBUTABLE TO PROBLEMS INHERENT IN INTERNET AND ELECTRONIC COMMUNICATION. THESE LIMITATIONS WILL APPLY EVEN IF SOLINK HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SECTION SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OF THIS PROVISION.

8.2 Solink will not be liable for the deletion of, correction to, destruction of, damage to, loss of or failure to store the Customer Data.

9. INDEMNIFICATION

9.1 Indemnification by Solink

Solink shall indemnify, defend and hold Customer harmless from any claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, directly or indirectly resulting from any claimed infringement or violation by Solink of any Proprietary Right with respect to the Software, Services and the Content; provided, however, that the foregoing notwithstanding, Solink’s obligation to indemnify will not apply to an infringement or violation that is attributable to any unauthorized use, access or modification of the Software, Services or Content by Customer, Customer’s employees, agents or customers or any third parties.

9.2 Cooperation

Notwithstanding Section 9.1 of this Agreement, Solink is under no obligation to indemnify and hold Customer harmless unless (i) Solink receives notice of the suit or claim from Customer and is furnished with a copy of each communication, notice or other action relating to said claim promptly after Customer receives such notice and each such communication; provided that, failure to deliver timely notice shall not relieve Solink of its obligations hereunder unless Solink is materially prejudiced by such failure; (ii) Solink will have the right to assume sole authority to conduct the trial or settlement of such claim or any negotiations related thereto at Solink’s expense; and (iii) Customer will provide reasonable information and assistance requested by Solink in connection with such claim or suit, at Solink’s cost and expense.

9.3 Indemnification by Customer

Customer shall indemnify, defend and hold Solink harmless from any claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, directly or indirectly (a) by any third party against Solink, arising from or relating to this Agreement or the Services (b) resulting from any allegation that Customer has engaged in conduct, which if true would breach Customer’s warranties or obligations under this Agreement; (c) resulting from any allegation that the Customer Data infringes the Proprietary Rights of any third party; (d) resulting from Customer’s negligent or willful misconduct; and (e) resulting from any violation by Customer of any privacy laws, regulations and directives relating to the collection, use or disclosure of any PII provided to Solink hereunder. Solink reserves the right to participate in the defence of any such claim and to be represented by counsel of its choice.

10. TERM AND TERMINATION

10.1 Term

This Agreement will commence as of the date on which Customer accesses and uses the Services and the Software (the “Effective Date”) and will continue in full force and effect for the term set out in the subscription like sent by Solink to the Customer (the “Initial Term”) or until terminated in accordance with the terms of this Agreement. After the Initial Term, this Agreement shall automatically renew on a month-to-month basis unless one party provides the other party with thirty (30) days written notice.

10.2 Termination Upon Insolvency

This Agreement will terminate, effective upon delivery of written notice by a party hereto, (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of debts of the other party, (ii) upon the making of an assignment for the benefit of creditors by the other party, or (iii) upon the dissolution of the other party.

10.3 Termination Upon Default

The non-breaching party may terminate this Agreement in the event that the other party materially defaults in performing any obligation under this Agreement and such default continues and is not remedied for a period of thirty (30) days following written notice of default; provided, however, that if either party contests either the existence or the basis of a breach asserted by the other party (a “Dispute”), then such Dispute shall be resolved pursuant to Section 12.3 and if such Dispute is resolved in favour of the party asserting such breach, then the other party shall have thirty (30) days to cure such breach as directed by the third party resolving such Dispute.

10.4 Termination for Convenience

Either party may terminate this Agreement for convenience upon sixty (60) days notice to the other party.

10.5 Limited Termination by Customer

Customer may terminate this Agreement for convenience during the first ninety (90) days following the Effective Date. In the event of termination pursuant to this section, Customer shall immediately return all Leased Hardware to Solink at Customer’s expense.

10.6 Survival of Certain Terms

All provisions of this Agreement reasonably required to survive termination based on the terms of this Agreement shall survive termination of this Agreement. All other rights and obligations of the parties will cease upon termination of this Agreement.

10.7 Effect of Termination

Upon termination of this Agreement for any reason Customer’s access to the Services and use of the Software and the Leased Hardware will end immediately and Customer’s account will be disabled. In the event of termination of this Agreement by Customer pursuant to Sections 10.4 or by Solink pursuant to Sections 10.2 or 10.3, Customer will pay Solink a termination fee consisting of $500 per NAS and $100 per unit for each unit of Equipment and immediately return all Leased Hardware to Solink at Customer’s expense. Customer may, upon notice to Solink, retain all of some of the Leased Hardware after the termination of Agreement, by paying Solink the installed cost of such Leased Hardware. Customer agrees and acknowledges that Solink is not obliged to retain the Customer Data, and after thirty (30) days following termination, may delete such Customer Data.

11. CONFIDENTIAL INFORMATION

Neither party shall use or disclose any Confidential Information of the other party. A party receiving Confidential Information from the other party will use the highest commercially reasonable degree of care to protect that Confidential Information. The Services, Software and the Content, including methods, ideas or concepts utilized therein, all information identified by a disclosing party as proprietary or confidential and all information, which would reasonably be considered in the circumstances and manner of disclosure to be proprietary or confidential (“Confidential Information”) will remain the sole property of such disclosing party, and will not be used or disclosed to any third party without the express written consent of the disclosing party (except to employees or consultants who are bound by a written agreement with such party to maintain the confidentiality of such Confidential Information in a manner consistent with this provision). Items shall not be considered to be Confidential Information if they are (i) available to the public other than by a breach of this Agreement or an agreement with the disclosing party, (ii) rightfully received from a third party not in breach of an obligation of confidentiality, (iii) independently developed by employees of recipient without access to the Confidential Information of the disclosing party, (iv) rightfully known to the recipient at the time of disclosure, or (v) produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production. Customer agrees that the terms and conditions of this Agreement will be considered to be Confidential Information of Solink.

12. MISCELLANEOUS

12.1 Notices

Any notice required or permitted hereunder will be in writing and will be given by electronic mail at legal [at] solinkcorp.com. Such notice will be deemed to have been received twenty four (24) hours after it was sent.

12.2 Assignment

This Agreement may not be transferred or assigned, in whole or in part, by either party either voluntarily or by operation of law without the prior written consent of the other party, which consent shall not be unreasonably withheld.

12.3 Governing Law; Arbitration

This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except for disputes for which injunctive relief is sought (for example, to prevent the unauthorized use or disclosure of proprietary materials or information) the following procedures shall be used to resolve any dispute arising out of or in connection with this Agreement. Promptly after the written request of either party, each of the parties shall appoint a designated representative to meet in person or by telephone to attempt in good faith to resolve any dispute. If the designated representatives do not resolve the dispute within ten (10) days of such request, then an executive officer of each party shall meet in person or by telephone to review and attempt to resolve the dispute in good faith. The executive officers shall have ten (10) days to attempt to resolve the dispute. Any disputes that are not otherwise resolved by the parties shall be submitted to binding arbitration in Ottawa, Ontario in accordance with the Arbitration Act, 1991 (Ontario) (the “Act”). Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the arbitration panel. Should the two arbitrators not be able to agree on a choice of the third arbitrator, then the parties shall defer to the procedure for selection of an arbitrator under the Act. None of the arbitrators shall be officers or employees of the parties. Each such arbitrator shall be a lawyer having experience and familiarity with information technology disputes. The arbitrators shall have the right to award costs, fees and expenses, including but not limited to the arbitrators’ fees and reasonable lawyers’ fees, to the prevailing party. The parties will jointly pay arbitration costs pending a final allocation by the arbitrators. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties.

12.4 Force Majeure

Under no circumstances will either party be liable to the other for any failure to perform its obligations where such failure results from causes beyond that party’s reasonable control.

12.5 Independent Contractors

The relationship of Solink and Customer established by this Agreement is that of independent contractors, and nothing contained in this Agreement will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as legal partners, joint venturers, co-owners or otherwise as participants in a joint undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. All financial and other obligations associated with the businesses of Solink and Customer are their sole respective responsibilities.

12.6 Entire Agreement and Waiver

This Agreement and all documents incorporated by reference hereto will constitute the entire agreement between the parties with respect to its subject matter, and all prior agreements, representations, and statements with respect to such subject matter are superseded. This Agreement may be changed by Solink upon notification to Customer. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such breaches and the waiver of any breach will not act as a waiver of subsequent breaches.

Appendix A

SOLINK ACCEPTABLE USE POLICY

1. GENERAL

This Acceptable Use Policy (“AUP”), including the following list of prohibited activities, encourages the responsible use of the Solink services (collectively, the “Services”) provided by Solink Corporation and/or its affiliated companies and subsidiaries (collectively, “Solink”, “us” or “we”). The purpose of this AUP is to provide guidelines for your use of the Services that support compliance with applicable laws, rules and regulations.

2. CHANGED TERMS

Solink shall have the right at any time to change or modify the terms and conditions applicable to your use of the Services. Such changes shall be effective immediately. Any use of the Services by you after such modifications shall be deemed to constitute acceptance by you of the changes.

3. USER CONDUCT

This AUP is intended to protect the Services, employees and customers of Solink, and any authorized end users of the Services from improper, inappropriate, abusive or illegal activity. When using the Services, it is your responsibility to comply with this AUP and to ensure that you are adhering to all applicable laws, rules, regulations, and commonly accepted practices of the Internet community. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list. Solink makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information you store or transmit via the Services or the Internet, including any data or information stored or transmitted by any computer designated as “secure.”

Employees and customers of Solink and any authorized end users of the Services are responsible for immediately reporting to Solink any issue which could compromise the security or integrity of any user or system taking part in the Services.

4. INTENDED USES OF THE SERVICES

Solink’s Services are intended to allow end-users to aggregate and view video and transactions from its network of business locations, to proactively identify suspect transactions, and reactively investigate suspect activity or patterns of fraud.

5. PROHIBITED USES OF THE SERVICES, INCLUDE THE FOLLOWING

The Services may only be used for lawful purposes. Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Network and System Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized probing and/or scanning of any system without prior consent of the owner or system administrator. This includes, but is not limited to, “dictionary attacks” and/or attempts to harvest or verify email addresses.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Attempting to gain unauthorized access to, or attempting to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information.
- Engaging in any activities that may interfere with the ability of others to access or use the Service or the Internet.
Sending Unsolicited Bulk Email (“UBE” or “spam”). The sending of any form of UBE through the Services is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, landing page, email address or utilizing any Solink resources, is prohibited. The Services may not be used to solicit customers from, or collect replies to messages sent from, another Internet Service Provider where those messages violate this AUP or terms of service of another provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses, telephone numbers or social media accounts to any mailing list without the express and verifiable permission of the owner is prohibited. All mailing lists run by Solink customers must be Closed-loop (“Confirmed Opt-in”) and must establish consent for each intended use. The subscription confirmation message received from each owner must be kept on file for the duration of the existence of the mailing list. Each owner must be provided with a simple procedure for withdrawal of consent.

Unauthorized attempts to gain access to an account or computer resource not belonging to you, and purposely altering or forging your identity. Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception is prohibited. Impersonating someone else by altering your source IP address or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying your identity in connection with any use of the Services is prohibited.

6. CUSTOMER RESPONSIBILITY FOR CUSTOMER’S USERS

Each Solink customer is responsible for the activities of its users and, by accepting service from Solink, is agreeing to ensure that its customers/representatives, customer users or end-users abide by this AUP. Complaints about customers/representatives, customer users or end-users of a Solink customer will be forwarded to Solink’s customer administrator for action. If violations of the Policy occur, Solink reserves the right to terminate the Services with or take action to stop the offending customer from violating this AUP as Solink deems appropriate, with or without notice.

7. SECURITY

The Services may not be used to violate system or network security; such behaviour may result in criminal or civil liability. You may not engage, without limitation, in the following activities:

Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
Engaging in any activities that may interfere with the ability of others to access or use the Services or the Internet (i.e., Denial of Service attacks).
Monitoring any data, information or communications on any network or system not owned by you without authorization.
Gaining unauthorized access to the user accounts or passwords of other users of any system.
Attempting to intercept, redirect or otherwise interfere with communications intended for others.
Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.

8. COOPERATION WITH INVESTIGATIONS

Solink will cooperate with appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity, and shall have no liability to you or any third party for any actions taken in connection with such cooperation. Employees and customers of Solink and all end users of the Services are responsible for providing assistance to Solink in such investigations as needed.

9. NOTIFICATION OF VIOLATION

If you become aware of any violation of this AUP by any person, including downstream customers, end users or third parties, you must immediately notify Solink via e-mail at legal [at] solinkcorp.com, or through your designated Account Manager at Solink.

Last updated: February 4, 2025

You can find the previous software license agreement here.

Privacy policy

At Solink Corporation (“Solink”), we are committed to protecting your privacy, and to maintain a general policy of openness about how we collect, use and disclose your personal information.

This Privacy Policy explains how we collect, use, disclose, and protect your personal information as part of our privacy practices, as well as your privacy rights and choices relating to your personal information. For the purposes of this Privacy Policy, “personal information” means any information that identifies or relates to a particular individual, and also includes information referred to as “personal data” under applicable data protection/data privacy laws. This Privacy Policy only applies to personal information that we collect when you visit, interact with or use our website (“Site”), and when you use or interact with our products or services.

Please note that this Privacy Policy does not apply to the privacy practices of any third-party websites, including those that may be linked through our Site or services. Such third-party websites are governed by their own privacy policies. Please read the privacy policy of the third-party website you link to for further information about their privacy practices. Solink is not responsible for the privacy practices of any third-party websites or your use of such third-party websites.

This Privacy Policy also does not apply where Solink processes personal information as a data processor or service provider on behalf of our customers. Such activities fall outside the scope of this Privacy Policy and are governed by our agreements with those customers.

If you have any questions or concerns about this Privacy Policy then please contact us using the contact details provided at the end of this Privacy Policy. We strongly recommend that you read this Privacy Policy in full and retain it for future reference to ensure you are fully informed. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link in the Table of Contents below to jump to that section.

1. What Personal Information We Collect

The personal information we collect from you, either directly or indirectly, will depend on how you interact with us. We collect personal information about you from the following different sources.

Sources of personal information

Information that you provide directly

Solink collects certain personal information from you when you choose to provide us with this information on our Site or through our services, including contact details, billing information, point-of-sale information, account log-in credentials.

Information from third parties

From time to time, we may receive personal information about you from third party sources including:

our affiliates; our business customers (who may provide personal information about their employees for example); third party vendors and service providers who help us operate our business; social networks and advertising providers; and publicly available sources.

Information that we collect automatically

When you visit our Site, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area (“EEA”), this information may be considered personal information under applicable data protection laws. Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Site, including the pages accessed and links clicked. Some of this information may be collected using cookies and similar tracking technologies, as explained further in the “Cookies” section below.

Categories of personal information

The table below describes the categories of personal information we collect from and about you through our services or via our Site, as well as the source of that information.

Personal Information Description	Source
Contact Information: such as name, company, address, ZIP/postal code, phone number, and e-mail address.	Directly from you Third Parties
Electronic Identification Information: such as IP addresses, device identifier, cookies.	Automatic Collection
Location Information: such as longitude, latitude, GPS	Automatic Collection
Billing Information: such as account details, billing address, purchase order information.	Directly from you Third Parties
End User Information, including Audio, Electronic, Visual, and similar information: captured through Solink’s CCTV or security cameras at its own premises, including end users’ image data such as end user height, weight, hair colour, eye colour, distinctive features.	Third Parties Automatic Collection
Professional or employment-related information: such as your company name, work email address, title, and industry	Directly from you Third Parties
Marketing information: such as your email address and contact preferences if you subscribe to our newsletter/marketing emails	Directly from you Third Parties
Account/Administration Information: such as log-in credentials, your email address or username and password, administrator rights, employer, job title, location.	Directly from you Third Parties
Telemetry Information: such as service usage data, metrics, product configuration.	Automatic Collection

2. How We Use Your Personal Information (Our Purposes) and Our Lawful Basis For Processing It

We may use your personal information for the following purposes:

Purpose/Activity	Types of Personal Information	Lawful Basis (See section below for further descriptions of lawful basis)
Transactional considerations: To complete transactions and send you related information, including purchase confirmations and invoices, to perform our contract with you.	Contact Information	Performance of a contract with you Legal obligation Legitimate Interest (including fulfilling our obligations under contract to you or otherwise in connection with the administration of our relationship).
To Provide our Site and products/services to you: Research, develop, manage, protect and improve our Site and services. Provide you with information about the services that you have requested or purchased, and to provide you with more relevant content and service offerings on our Site.	Contact Information Electronic Identification Information Location Information Telemetry Information	Legitimate Interest
Service-related communications: Advise you about any updates or changes to the services that may be of interest to you, including technical and other administrative communications or notifications about product or service updates.	Contact Information Electronic Identification Information Location Information	Legitimate Interest
Advertising: To deliver personalized advertising and marketing campaigns to you based upon your activities and interests.	Electronic Identification Information Location Information	Consent
Customer Relationship Management: To establish you as a customer on our systems, provide you with information on products or services that you have requested or purchased, to develop and maintain our customer relationship with you, and to communicate with you.	Contact Information Billing Information Account/Administration Information Telemetry Information	Performance of a contract with you Legitimate interests (including fulfilling our obligations under contract to you or otherwise in connection with the administration of our relationship).
Security & Compliance: To detect security incidents and protect the security of our Site and services. To investigate and prevent fraudulent transactions, unauthorized access to the Site or services, and other illegal activities such as fraud and theft. To audit compliance with Solink’s policies and contractual obligations.	Electronic Identification Information Location Information Billing Information End User Information Account/Administration Information	Legitimate Interest Legal Obligation
Marketing and Sales: To send you marketing and sales related communications about our products and services, including surveys, features, newsletters, promotions events, research or evaluations we think may be of interest to you.	Contact Information Electronic Identification Information	Legitimate Interest Consent
Analytics & Reporting: To analyze, aggregate and prepare reports and recommendations based on data you provide to us through your use of the services or our Site.	Telemetry Information	Legitimate Interest
Disputes and legal proceedings: To fulfill legal, regulatory and contractual obligations, including when cooperating with government authorities, courts and regulators in accordance with applicable law.	Contact Information Electronic Identification Information Location Information Billing Information End User Information Account/Administration Information Telemetry Information	Legitimate Interest (including to defend or pursue a dispute or legal proceeding). Legal obligation (including to retain and preserve documents and evidence that relate to the dispute or proceedings).

Lawful basis for processing descriptions (EEA and UK only)

If you are a resident of the EEA or the UK, we are required to explain the legal basis for processing your personal information. Our legal basis for collecting and using the categories of personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, in general we collect your personal information only pursuant to the following legal bases, as applicable:

Consent: we may use your personal information when we have your explicit consent to do so, where required or permitted under applicable law.
Legitimate Interests: we may use your personal information when the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
To contract with you: we may use your personal information in order to perform a contract with you.
Compliance with legal obligations: we may use your personal information in order to comply with a legal obligation under applicable laws, or to protect your vital interests or those of another person.

3. When We Disclose Your Personal Information

Solink may disclose or share personal information with third party service providers and vendors who provide certain services (including but not limited to website development and hosting, data processing, credit card processing, document management and office administration) to us or who otherwise process personal information for one or more of the purposes described above. These service providers are contractually prohibited from using your personal information for any purpose other than for the purposes described in this Privacy Policy, and they are also required to protect personal information disclosed by Solink.

Solink may also disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so.

Solink may also disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Solink or of any of the business or assets or shares of Solink or a division thereof in order for you to continue to receive the same services from the third party.

In the table below we list the categories of third parties with whom we may share your personal information

Third Party Recipient	Personal Information
Our group companies and affiliates	Contact Information Electronic Identification Information Location Information Billing Information End User Information Account/Administration Information Telemetry Information
Service providers and vendors	Contact Information Electronic Identification Information Location Information Billing Information End User Information Account/Administration Information Telemetry Information
Auditors, advisors, legal representatives and similar agents in connection with the advisory services they provide to us for legitimate business purposes	Electronic Identification Information Location Information Billing Information End User Information Account/Administration Information Telemetry Information
Law enforcement bodies, regulatory or governmental agencies, and/or courts	Contact Information Electronic Identification Information Billing Information End User Information

4. Transferring Your Personal Information

Solink is headquartered in Canada with employees in locations across the globe. Our third-party vendors operate in a number of countries around the world, including the United States. This means that we may process your personal information in and transfer your personal information to countries outside of the country in which you are based. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Where we transfer your personal information to countries and territories outside of the European Economic Area and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations” (data bridges) from the Secretary of State in the UK.

Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to receive and transfer personal information are, in the case of our third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2) using Module Two for controller to processor transfers including the UK Addendum permitted under Article 46(2) of the UK GDPR for the transfer of data originating in the UK.

5. Cookies

When you visit our Site, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Aggregated, but not individual, cookie and tracking information may be shared with third parties.

We may use cookies in the following ways: to ensure our Site functions properly; to collect statistical information about how users use our Site which in turn helps us improve our Site; and to enable certain personalization features on our Site to display personalized advertising. You can accept or decline these cookies at any time by adjusting your cookie choices via the Cookie Settings link on our Site or via our Cookie Policy. Please note that if you choose to disable certain cookies, this could affect certain features or functionality of our Site.

6. How We Protect Your Personal Information

Solink makes all commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard-copy form. Access to your personal information is restricted to selected employees or representatives. In addition, Solink employs robust information security techniques to protect personal information against loss and unauthorized access.

Moreover, Solink educates all its employees on the importance of privacy. It is Solink’s policy to give access to personal information only to those employees who require it to carry out the responsibilities of their jobs or to other such third parties with similar designated responsibilities and who are subject to contractual confidentiality restrictions with Solink.

Please be advised, however, that while we deploy these security measures and strive to protect your personal information, the use of the internet is not 100% secure, and for this reason we cannot guarantee the security or integrity of any personal information that you transmit or disclose to us or to a third party or vendor who provides services to you online. You should only access our Website and services within a secure environment.

7. Retention of Your Personal Information

Solink retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected, as set in this Privacy Policy, and to comply with applicable laws. Generally, this means your personal information will be retained until the end of your relationship with us plus a reasonable period of time thereafter to comply with any legal obligation (for example, to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need or legal reason to retain your personal information, we will either delete the personal information from our system or anonymize it. Or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. Your Data Protection Rights (Canada residents)

Depending on your location, and subject to applicable law, you may have certain rights regarding the personal information we collect about you.

Individuals located in Canada have the following data protection rights pursuant to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA):

You may request access to, correct, or update your personal information. Subject to certain exceptions, Solink will inform you of the existence, use and disclosure of your personal information and will provide you with a summary of that information. If Solink determines not to provide you access to your personal information, we will provide an explanation. You can help us maintain the accuracy of your personal information by notifying us of any changes to this information.

In accordance with PIPEDA, Solink seeks your consent for the use or disclosure of your personal information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).

Please note that by using our Site or our services, you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.

If you wish to exercise any of the above rights, please use the contact details provided under the “Contacting Us” heading below. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

9. Your Data Protection Rights (EEA and UK Residents)

Individuals located in the EEA and UK have the following data protection rights:

You may access, correct, or request deletion of your personal data.

You can object to processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data, (i.e. request that your personal data be provided in a readable and standardised format).

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing e-mails we send you.

If we have collected and processed your personal data with your consent, then you can withdraw your consent at any time by using the contact details provided under the “Contacting Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority.

To exercise any of the above rights, please use the contact details provided under the “Contacting Us” heading below. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

10. U.S. State Data Privacy

California

Additional Disclosures for California residents

This section only applies to residents of California, USA. The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), requires us to provide California consumers with some additional information regarding how we collect, use, and disclose your personal information, and the rights available to California consumers under the CCPA. The terms used in this section have the same meaning as in the CCPA.

As described in the section “1. What Personal Information We Collect” of this Privacy Policy, we may collect the following categories of information about you through our services or when you visit our Site

Identifiers, such as your name and email address;
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as your contact information;
Device identifiers, such as your IP address;
Internet or other network activity information, such as your browsing history or app usage;
Geolocation data; such as your approximate location based on your IP address and other information that identifies or can be reasonably associated with your device;
Commercial information, such as transaction data;
Your account log-in information i.e. username and password to access your account (if you have an account with us);
Professional or other employment related information, such as where you work and your title; and
Financial information, such as credit card and payment data.
Inferences drawn from any of the above Personal Information to create a summary about you, for example of your preferences and characteristics.

The sources from which we collect personal information are also described in section 1 of this Privacy Policy. The business and commercial purposes for which we collect this information are described in the section “2. How We Use Your Personal Information (Our Purposes) and Our Lawful Basis For Processing It”. The categories of third parties to whom we disclose this information for a business purpose are described in the section “3. When We Disclose Your Personal Information” of this Privacy Policy.

California Privacy Rights

If you are a California resident, you may have the following rights under the CCPA, subject to certain limitations and exceptions under applicable law:

Know and Access: You have the right to request to know and access the following information covering the 12 months preceding your request:

the categories of personal information we have collected about you;
the categories of sources from which your personal information was collected;
the business or commercial purposes for collecting, “selling” and/or “sharing” your personal information;
the categories of third parties to whom we have disclosed, “sold” or “shared” personal information about you; and
the specific pieces of personal information we have collected about you.

You have the right to receive your personal information in a portable and commonly used format.

Correct: You have the right to request that we correct any of your personal information that we have collected from you that is inaccurate.
Delete: You have the right to request that we delete certain personal information we have collected from you.
Opt out of the “Sale” and “Sharing” of your personal information: You have the right to request that a business not “sell” or “share” your personal information with a third party, as those terms are defined under the CCPA. Solink does not sell personal information as the term “sell” is traditionally understood (i.e. for money). However, we do process personal information through cookies and other similar technologies for the purpose of displaying targeted or interest-based advertisements if you instruct us to do so, which could be deemed a “sale” or “sharing” of personal information under the CCPA. You have the right to opt out of such sharing of personal information. You may modify your cookies choices at any time by adjusting your cookie choices in the Cookie Settings link in our Site or via our Cookie Policy.
Limit the Use and Disclosure of Your Sensitive Personal Information: We do not use or disclose “sensitive personal information,” as defined by the CCPA other than as described in the section 2 above or as otherwise permitted under applicable data privacy law. As a result, we do not offer an ability to limit the use or disclosure of sensitive personal information.
Non-Discrimination: You have the right to not be discriminated against for exercising any of your CCPA rights.

Please note that the rights described above are not absolute, and where an exception under applicable law applies, we may be entitled to refuse requests in whole or in part. In California, an authorized agent may submit a rights request on your behalf. We may require an authorized agent to verify their authority to submit a request on your behalf, or we may require you to verify your own identity or confirm with us that you provided the agent with permission to submit the request. We will only use the information provided for verification to confirm the requestor’s identity or authority to make the request, and for our compliance records.

To exercise any of the above rights, please refer to our contact details in the “Contacting us” section below. We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period (up to a total of 90 days) in writing.

Additional U.S. States

This section applies to residents of certain U.S. states which also have an applicable data privacy law currently in effect, including but not limited to: Colorado, Connecticut, Utah, Virginia, Texas, Oregon, Montana, Delaware, Iowa, Nebraska, New Hampshire, and New Jersey. Depending on your U.S. state of residency, you may have the following privacy rights (as and to the extent applicable):

Know and Access: You have the right to request to know and access the personal information that we have collected about you.
- Data Portability: You have the right to obtain your personal information in a portable and readily usable format.
- Correction: You have the right to request that we correct inaccuracies in your personal information.

Deletion: You have the right to request to delete your personal information.
Opt-out of Data Processing for purposes of Targeted Advertising; Sales to Third Parties; and Profiling: As described in the California section above, we do not sell personal information to third parties for money, nor for the purpose of profiling in connection with decisions that produce legal or similarly significant effects. However, we do process personal information for the purpose of displaying targeted or interest-based advertisements, if you instruct us to do so. You have the right to opt out of the processing of personal information for targeted advertising purposes at any time by changing your cookies choices in our Cookie Settings or via our Cookie Policy.
Appeal: You have the right to appeal a refusal to take action on your request. You may ask us to reconsider our decision within 45 days after we send you our decision. We will endeavor to respond to your appeal within 60 days of such an appeal, including a written explanation of the reasons for the decision, and any action taken or not taken in response to the appeal.

Please note that the rights listed above only apply to a resident who is acting in an individual or household context only, and do not include residents acting in a commercial or employment context. If you reside in a U.S. state which has an applicable data privacy law currently in effect, and wish to submit a rights request, please refer to the “Contacting us” section below.

11. Changes to our Privacy Policy

Solink reserves the right to modify this Privacy Policy at anytime without notice. You can see when it was last updated by checking the “last updated” date at the top of this Privacy Policy. We encourage you to check on this page periodically so that you can keep up to date with any changes.

12. Contacting Us

If you have any questions or requests about Solink’s Privacy Policy or if you have reason to believe that Solink may have failed to adhere to this Privacy Policy, you may contact us at:

E-mail: legal [at] solinkcorp.com

Send Mail: 390 March Road, Suite 110, Ottawa, Ontario K2K 0G7

Telephone: 613-271-5986

If you are a resident of the UK, you can also contact our UK Representative: Send Mail: Two Snowhill, Queensway, Birmingham, England, B4 6WR

E-mail: legal [at] solinkcorp.com

Last updated: January 21, 2025

You can find the previous privacy policy here.

Solink Data Processing Addendum

This Data Processing Addendum (“DPA“) is incorporated into and forms part of the agreement between the Customer and Solink Corp (“Solink“) under which Solink provides the Services (the “Agreement“). All capitalized terms not defined in this DPA shall have the meaning set forth in the Agreement. For the purpose of this DPA only, and except where the context otherwise requires, the term “Customer” will include Customer and its Authorized Affiliates.

1. Definitions

In this DPA, the following terms shall have the following meanings:

“Applicable Data Protection Laws” means all worldwide data protection and privacy laws and regulations applicable to the personal data in question, including, where applicable, EU/UK Data Protection Law and/or US Data Protection Laws.

“Controller”, “processor”, “data subject”, “personal data” and “processing” (and “process”) shall have the meanings given in EU/UK Data Protection Law. If and to the extent that Applicable Data Protection Laws do not define such terms, then the definitions given in the GDPR will apply.

“CCPA” means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CPRA”) and including any further amendments and its implementing regulations that become effective on or after the effective date of this DPA.

“EU/UK Data Protection Law” means: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (“EU GDPR”); (ii) the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (“UK GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iv) any and all applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (i), (ii) or (iii); in each case as may be amended or superseded from time to time.

“Personal Data” means information, which is protected as “personal data”, “personally identifiable information” or “personal information” under any Applicable Data Protection Laws. For the avoidance of doubt, with respect to US Data Protection Laws, “Personal Data” does not include de-identified data, or publicly available information as such terms are defined in Applicable Data Protection Laws.

“Processor Data” means any Personal Data that is processed by Solink on behalf of Customer in the course of providing the Services, as more particularly described in Annex I of this DPA.

“Restricted Transfer” means: (i) where the EU GDPR applies, a transfer of personal data from the European Economic Area to a country outside of the European Economic Area which is not subject to an adequacy determination by the European Commission; and (ii) where the UK GDPR applies, a transfer of personal data from the United Kingdom to any other country which is not based on adequacy regulations pursuant to Section 17A of the United Kingdom Data Protection Act 2018.

“Standard Contractual Clauses” or (“SCCs”) means: (i) where the EU GDPR applies, the contractual clauses annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (“EU SCCs”); and (ii) where the UK GDPR applies, the “International Data Transfer Addendum to the EU Commission Standard Contractual Clauses” issued by the Information Commissioner under s.119A(1) of the Data Protection Act 2018 (“UK Addendum”).

“Subprocessor” means any third party processor (including any Solink Affiliates) engaged by Solink to process any Processor Data (but shall not include Solink employees, contractors or consultants).

“US Data Protection Laws” means the CCPA, the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”).

2. Scope and Applicability of this DPA

This DPA applies where and only to the extent that Solink processes Personal Data in connection with the provision of Services and such processing is protected by Applicable Data Protection Laws.

3. Role and Scope of Processing

3.1 Roles of the Parties

The parties acknowledge and agree that for the purposes of this DPA Customer is the controller with respect to the processing of Processor Data, and Solink shall process Processor Data only as a processor on behalf of Customer, as further described in Annex I of this DPA. Each party shall comply with the obligations that apply to it under Applicable Data Protection Laws.

3.2 Processing Instructions and Purpose Limitation

Solink shall process Processor Data for the purposes described in Annex I of this DPA as necessary to perform its obligations under the Agreement and strictly in accordance with the documented instructions of Customer (the “Permitted Purpose“), except where otherwise required by law(s) that are not incompatible with Applicable Data Protection Laws. Solink shall promptly inform Customer if it becomes aware that such processing instructions infringe Applicable Data Protection Laws (but without obligation to actively monitor Customer’s compliance with Applicable Data Protection Laws).

3.3 Customer Responsibilities

Customer shall have sole responsibility for the accuracy, quality, and legality of Processor Data and the means by which Customer acquired Processor Data. Customer represents and warrants that: (i) it has provided, and will continue to provide all notices and has obtained, and will continue to obtain, all consents, permissions and rights necessary under Applicable Data Protection Laws, for Solink to lawfully process Processor Data for the purposes contemplated by this DPA; (ii) it has complied with all Applicable Data Protection Laws in the collection and provision to Solink and its Sub-processors of such Processor Data; and (iii) it shall ensure its processing instructions comply with Applicable Data Protection Laws and that the processing of Processor Data by Solink in accordance with Customer’s instructions will not cause Solink to be in breach of Applicable Data Protection Laws.

3.4 Prohibited Data

Customer shall not disclose (and shall not permit any data subject to disclose) any special categories of Processor Data to Solink for processing except where and to the extent expressly disclosed in Annex I of this DPA.

3.5 Location of Processing

Processor Data that Solink processes under the Agreement may be processed in any country in which Solink, its Affiliates, partners and authorized Sub-processors maintain facilities to perform the Services. Solink shall not process or transfer (directly or via onward transfer) Processor Data (nor permit such data to be processed or transferred) outside of its country of origin unless it first takes such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Laws.

3.6 Confidentiality of Processing

Solink shall ensure that any person that it authorises to process the Processor Data (including Solink’s staff, agents and subprocessors) (an “Authorised Person“) shall be subject to a strict duty of confidentiality (whether a contractual duty or a statutory duty), and shall not permit any person to process the Processor Data who is not under such a duty of confidentiality. Solink shall ensure that all Authorised Persons process the Processor Data only as necessary for the Permitted Purpose.

4. Subprocessing

4.1 Authorized Subprocessors

Customer agrees that Solink may engage Subprocessors to process Processor Data on Customer’s behalf. A list of approved subprocessors as at the date of this DPA is available online as referenced in Annex III, and Solink shall maintain and update this list when it adds or removes subprocessors at the following URL: https://solink.com/legal-sub-processors. Solink shall provide an RSS feed to notify Customer if it adds or replaces any Subprocessor.

4.2 Subprocessor Obligations

Solink shall: (i) enter into a written agreement with each Subprocessor containing data protection terms that provide at least the same level of protection for Processor Data as those contained in this DPA, to the extent applicable to the nature of the services provided by such Subprocessor; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Subprocessor that cause Solink to breach any of its obligations under this DPA.

4.3 Objection to Subprocessors

Customer may object in writing to Solink’s appointment of a new Subprocessor on reasonable grounds relating to data protection by notifying Solink promptly in writing within ten (10) calendar days of receipt of Solink’s notice. In such case, the parties shall discuss Customer’s concerns in good faith with a view to achieving a commercially reasonable resolution. If the parties cannot reach such resolution, Solink shall, at its sole discretion either not appoint the Subprocessor, or permit Customer to suspend or terminate this DPA without liability to either party (but without prejudice to any fees incurred by Customer prior to suspension or termination). If such objection right is not exercised by Customer in the terms defined above, silence shall be deemed to constitute an approval of such engagement.

5. Transfers of European Processor Data

5.1 Scope and Role of the Parties

This Clause 5 shall only apply with respect to Personal Data subject to European Data Protection Laws.

5.2 Restricted Transfers to Solink

The parties acknowledge that Solink is located in Canada and Canada has been recognized as providing an adequate level of data protection by the European Commission (such adequacy decision is available at: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32002D0002). However, the parties agree that where and to the extent the transfer of Processor Data from Customer (as “data exporter“) to Solink (as “data importer“) is deemed a Restricted Transfer and European Data Protection Laws require that appropriate safeguards are put in place, such transfer shall be subject to the appropriate Standard Contractual Clauses (“SCCs“) as follows:

in relation to Personal Data that is protected by the EU GDPR, the EU SCCs will apply completed as follows:
1. Module Two will apply;
2. in EU SCC Clause 7, the optional docking clause will apply;
3. in EU SCC Clause 9, Option 2 will apply, and the time period for prior notice of subprocessor changes shall be as set out in Clause 4 of this Agreement;
4. in EU SCC Clause 11, the optional language will not apply;
5. in EU SCC Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law;
6. in EU SCC Clause 18(b), disputes shall be resolved before the courts of the Republic of Ireland;
7. Annex I of the EU SCCs shall be deemed completed with the information set out in Annex I to this Agreement;
8. Annex II of the EU SCCs shall be deemed completed with the information set out in Annex II to this Agreement;
in relation to Personal Data that is protected by the UK GDPR, the UK Addendum will apply completed as follows:
1. The EU SCCs, completed as set out above in clause 5.2(a) of this DPA shall also apply to transfers of such Personal Data, subject to sub-clause (ii) below; and
2. Tables 1 to 3 of the UK Addendum shall be deemed completed with relevant information from the EU SCCs, completed as set out above, and the options “neither party” shall be deemed checked in Table 4. The start date of the UK Addendum (as set out in Table 1) shall be the date of this DPA.

5.3 Standard Contractual Clauses prevail

In the event that any provision of this DPA contradicts, directly or indirectly, the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.

5.4 Onward Transfers

Solink shall not participate in (nor permit any subprocessor to participate in) any other Restricted Transfers of Processor Data (whether as an exporter or an importer of the Data) unless the Restricted Transfer is made in full compliance with Applicable Data Protection Laws and pursuant to Standard Contractual Clauses implemented between the relevant exporter and importer of the Processor Data.

6. Additional Provisions for California Processor Dat

6.1 Scope and Role of Parties

This Clause 6 shall only apply with respect to Processor Data subject to the CCPA. When processing Processor Data subject to the CCPA under this DPA, the parties acknowledge and agree that Customer is a Business and Solink is a Service Provider for the purposes of the CCPA. For the purpose of this Clause, “Business“, “Business Purpose“, “Commercial Purpose“, “Consumer“, “Personal Information“, “Process“, “Sell“, “Service Provider“, and “Share” have the meanings given to them in the CCPA.

6.2 Responsibilities

The parties agree that all Processor Data that is subject to the CCPA is disclosed to Solink by Customer for one or more Business Purpose(s) and its use or sharing by Customer with Solink is necessary to perform such Business Purpose(s). Solink will: (i) Process all Processor Data that is subject to the CCPA as directly related to the relationship with the Customer; (ii) assist Customer in responding to any request from a Consumer to exercise rights under the CCPA; and (iii) not further Collect, Sell, Share or use such Processor Data that is subject to the CCPA except as necessary to perform the Business Purpose(s) or as otherwise permitted by the CCPA.

7. Security

7.1 Security Measures

Solink shall implement appropriate technical and organisational measures to protect the Personal Data from accidental or unlawful destruction, loss, alteration, or unauthorised disclosure or access (a “Security Incident“). Such measures shall have regard to the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. At a minimum, such measures shall include the measures identified in Annex II. Customer acknowledges that such measures are subject to technical progress and development and that Solink may update or modify such measures from time to time, provided that such updates and modifications do not degrade or diminish overall security of the Services under the Agreement.

7.2 Security Incident Response

Upon becoming aware of a Security Incident, Solink shall inform Customer without undue delay and provide all such timely information and cooperation as Customer may require in order for Customer to fulfil its data breach reporting obligations under (and in accordance with the timescales required by) Applicable Data Protection Laws. Solink shall further take all such measures and actions as are reasonable and necessary to investigate, contain, and remediate or mitigate the effects of the Security Incident, to the extent that the remediation is within Solink’s control, and shall keep Customer informed of all material developments in connection with the Security Incident.

8. Cooperation and Data Subject Rights

Solink shall provide all reasonable and timely assistance (which may include by appropriate technical and organisational measures) to Customer to enable Customer to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data Protection Laws; and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Personal Data. In the event that any such request, correspondence, enquiry or complaint is made directly to Solink, Solink shall promptly inform Customer providing full details of the same.

9. Data Protection Impact Assessment

Solink shall provide Customer with all such reasonable and timely assistance as Customer may require in order to enable it to conduct a data protection impact assessment in accordance with Applicable Data Protection Laws including, if necessary, to assist Customer to consult with its relevant data protection authority.

10. Deletion or Return of Data

10.1 Upon termination or expiry of the Agreement, Solink shall (at Customer’s election) destroy or return to Customer all Processor Data (including all copies of the Processor Data) in its possession or control (including any Processor Data subcontracted to a third party for processing), subject to Clause 10.2. This requirement shall not apply to the extent that Solink is required by any applicable EU (or any EU Member State) or UK law to retain some or all of the Processor Data, in which case Solink shall isolate and protect the Processor Data from any further processing except to the extent required by such law until deletion is possible.

10.2 Should Customer elect, pursuant to Clause 10.1, for the return of Processor Data on termination or expiry of the Agreement, Customer accepts and agrees that it shall bear all costs required for Solink to return such Processor Data given the expansive datasets generated in delivery of the Services.

11. Audit

11.1 Customer acknowledges that Solink is regularly audited against ISO 27001 and SOC2 standards by independent third party auditors and/or internal auditors. Upon Customer’s written request, and subject to obligations of confidentiality, Solink will make available to Customer a summary of its most recent audit report, so that Customer can verify Solink’s compliance with this DPA.

11.2 Solink shall permit Customer, or its appointed third party auditors, to conduct an independent audit of Solink’s compliance with this DPA only in circumstances where: (i) it is required on instruction of a competent data protection authority; or (ii) if Customer believes an audit is necessary in the event that Solink sustains a confirmed Security Incident. Any such audit pursuant to Clause 11.2 shall be conducted at Customer’s expense. Solink acknowledges that Customer or its third party auditors may enter its premises for the purposes of conducting an audit pursuant to Clause 11.2, provided that: Customer gives it reasonable prior notice of its intention to audit; conducts its audit during normal business hours; and takes all reasonable measures to prevent unnecessary disruption to Solink’s operations.

11.3 Customer will not exercise its audit rights more than once in any twelve (12) calendar month period, except where the circumstances of Clause 11.2 apply.

12. Limitation of Liability

12.1 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA (including, where applicable, the Standard Contractual Clauses) shall be subject to the exclusions and limitations of liability set forth in the main body of the Agreement.

12.2 Any claims against Solink or its Affiliates under or in connection with this DPA (including, where applicable, the Standard Contractual Clauses) shall be brought solely by the Customer entity that is a party to the Agreement.

12.3 Notwithstanding any other provision of the Agreement or this DPA, in no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA, the Standard Contractual Clauses or otherwise.

13. Relationship with the Agreement

13.1 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Services.

13.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict or inconsistency between this DPA and the Agreement, the provisions of the following documents (in order of precedence) shall prevail: (a) Standard Contractual Clauses (where applicable); then (b) this DPA; and then (c) the main body of the Agreement.

14. Governing Law

This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless otherwise required by Applicable Data Protection Laws.

15. Execution

This DPA may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, and shall be binding once it has been signed on behalf of both parties.

For a signable version of this DPA, please contact your Solink sales representative.

ANNEX I

Data Processing Description

This Annex I forms part of the DPA and describes the processing that the processor will perform on behalf of the controller.

1. LIST OF PARTIES.

Controller(s) / Data exporter(s): [Identity and contact details of the controller(s) /data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union]

Name:	Customer as defined in the Agreement.
Address:	As provided for in the Agreement.
Contact person’s name, position and contact details:	As provided for in the Agreement
Activities relevant to the data transferred under these Clauses:	As set out in the Agreement.
Signature and date:	See execution page above.
Role (controller/processor):	Controller

Processor(s) / Data importer(s): [Identity and contact details of the processor(s) /data importer(s), including any contact person with responsibility for data protection]

Name:	Solink Corp.
Address:	390 March Rd, Ste 110, Ottawa, ON K2K 0G7, Canada
Contact person’s name, position and contact details:	Jamie Greenberg, General Counsel at [email protected]
Activities relevant to the data transferred under these Clauses:	As set out in the Agreement.
Signature and date:	See execution page above.
Role (controller/processor):	Processor

For a complete list of Solink’s Subprocessor’s, please visit Solink Sub-Processors.

2. DESCRIPTION OF TRANSFER.

Categories of data subjects whose personal data is transferred:	Customer Employees, Customer Administrators, General Public
Categories of personal data transferred:	Customer Employees Personal Details: First Name, Last Name, Email Address, Phone Number. Employment Information: Company Address, Employment Location, Employee ID Image Data: Image capture, video capture and audio capture (where audio function is enabled). Transaction Data: Sales and transactions, payment method, discounts, refunds, voided sales, revenue, volume of customers, wait time (where applicable to the Services). Customer Administrators Personal Details: First Name, Last Name, Email Address, Phone Number Employment Information: Company Address, Employment Location, Employee ID. Action Log General Public (Visitors to Customer premises) Financial Data: Debit or credit card details. Image Data: Image capture, video capture and audio capture (where audio function is enabled) via video cameras installed in Customer locations, licence plate. Transaction Data: Items purchased, payment amount, payment method, discount, refund, wait time, order location, transaction ID (where applicable to the Services).
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures:	Not applicable – sensitive data is not processed by Solink.
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis):	Continuous for the duration of the Agreement between Solink and Customer.
Nature of the processing:	Solink provides a cloud-based video surveillance service, as further described in the Agreement.
Purpose(s) of the data transfer and further processing:	Personal Data shall be processed by Solink solely as necessary for the following purposes: the provision of the services under the Agreement including cloud hosting services, cloud video surveillance, image and video monitoring and analytics services, alarm systems and security; the performance of Solink's obligations under the Agreement including customer service, support services, implementation and integration purposes; as otherwise agreed between Solink and Customer in writing; and/or as compelled by applicable laws.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:	For the duration of the Agreement between Solink and Customer.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:	As above.

3. COMPETENT SUPERVISORY AUTHORITY.

Identify the competent supervisory authority/ies in accordance (e.g. in accordance with EU SCC Clause 13)

As stated in Clause 5.2 above.

ANNEX II

Technical and Organizational Security Measures

Description of the technical and organizational measures implemented by the processor(s) / data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.

Measure	Brief Overview
Measures of pseudonymization and encryption of personal data	When anonymization is required for long-term storage, Solink will provide Customers with the ability to blur data subjects while saving defined length clips to the cloud. Customer transactional data is stored on encrypted drives.
Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services	Data is stored in multiple availability zones, and services are spread over multiple availability zones. For Confidentiality, least privilege access control is utilized through the RBAC matrix. For Integrity, data in motion are also encrypted.
Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident	Data is backed up in an encrypted Backup Vault.
Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing	Solink is SOC2 Type2 certified and follows best practices including scheduled vulnerability scans (internal & external), annual pen tests and CIS benchmarks for security configuration. Regular-annual SOC2 evaluation control effectiveness performed by independent/authorized third party audit.
Measures for user identification and authorisation	Best in-class authentication and authorization is used to authenticate each profile during login attempt. After a set number of failed login attempts the user will be notified by email and asked to reset their password.
Measures for the protection of data during transmission	Data is encrypted in transit using minimum TLS 1.2.
Measures for the protection of data during storage	Customer transactional data is stored on encrypted drives. Solink maintains a system of controls to prevent unauthorized access, modification, destruction, or disclosure of client data.
Measures for ensuring physical security of locations at which personal data are processed	Solink’s cloud providers have perimeter, infrastructure, data and environmental layer security. Where onsite processing occurs Solink is not responsible for the physical security of Customers’ location and Customers are expected to adhere to the SOLINK SOFTWARE LICENSE AGREEMENT.
Measures for ensuring events logging	Solink uses best in-class tools to conduct audit and event logging.
Measures for ensuring system configuration, including default configuration	All changes to our services are managed through an approval process.
Measures for internal IT and IT security governance and management	Industry best practices through role based access controls (RBAC) and IAAA.
Measures for certification/assurance of processes and products	Solink is SOC2 Type 2 certified.
Measures for ensuring data minimization	Solink and Solink customers are required to comply with all policies limiting personal data from central or local data sources.
Measures for ensuring data quality	All data stored within the cloud is indexed to ensure traceability.
Measures for ensuring limited data retention	Solink policy within each contract states an agreed upon retention period for onsite storage. Video saved to the cloud is stored for the duration of the customer agreement.
Measures for ensuring accountability	Industry best practices are followed through role based access controls (RBAC) and IAAA.
Measures for allowing data portability and ensuring erasure	Processes are in place for the secure disposal of data when the data is no longer needed for legal, regulatory and business requirements.

For transfers to (sub-) processors, also describe the specific technical and organisational measures to be taken by the (sub-) processor to be able to provide assistance to the controller (and, for transfers from a processor to a sub-processor, to the data exporter).

ANNEX III

Third-Party Sub-processors

Solink engages sub-processors to process Customer personal data on behalf of Solink as defined by Solink’s Data Processing Addendum. To view the most up-to-date list of sub-processors, please refer to Solink Sub-Processors.

Cookie Policy

Installation terms and conditions

The Installation Terms and Conditions (“Installation T&Cs”) are incorporated into and form part of the sales order between you and Solink (the “Sales Order“). All capitalized terms not defined in these Installation T&Cs shall have the meaning set forth in the Sales Order.

Solink Corporation (“Solink”) will issue Sales Orders to you, each of which will state: (i) the total number of sites to be installed, (ii) site names and addresses, (iii) the estimated number of sites and proposed month during which such sites will be installed, and (iv) in the case of Customers, the Customer’s choice to have Solink install or for Customer to self-install or, in the case of authorised Resellers, to have the authorised Reseller install.

1. Implementation, Planning & Resourcing

Providing timely and accurate site readiness information is essential to avoid project delays, additional costs, and resource allocation issues. To ensure successful equipment installation and activation, Customer agrees to collaborate with Solink to determine equipment and other resource requirements, to set milestones, and to develop a site installation and activation schedule (“Deployment Plan”). You will work with Solink to finalize the Deployment Plan within thirty (30) days of acceptance of each Sales Order.

There are three options for installation (a) Solink install, (b) self-install by Customer, or (c) if an authorised Reseller is involved, Reseller install. See the chart below for responsibilities depending on choice of installer.

1.1 Solink install

Task	Responsible Party
Sourcing a technician, including rate negotiation and scope confirmation	Solink
Scheduling a technician familiar with Solink install procedures	Solink
- Installation of Solink recording device and connecting device with Customer’s cameras and internet network	Solink-led with support from Customer
- Submitting a confirmation of completion to Solink with photos and completion survey	Solink

1.2 Self install

Task	Responsible Party
Sourcing a technician, including rate negotiation and scope confirmation	Customer
Scheduling a technician familiar with Solink install procedures OR review Solink training materials and become familiar with Solink install procedures, including:	Customer
- Installation of Solink recording device and connecting device with Customer’s cameras and internet network	Customer
- Submitting a confirmation of completion to Solink with photos and completion survey	Customer

1.3 Reseller install

Task	Responsible Party
Sourcing a technician, including rate negotiation and scope confirmation	Reseller
Scheduling a technician familiar with Solink install procedures OR review Solink training materials and become familiar with Solink install procedures, including:	Reseller
- Installation of Solink recording device and connecting device with Customer’s cameras and internet network	Reseller-led with support from Customer
- Submitting a confirmation of completion to Solink with photos and completion survey	Reseller

2. Customer resources

If Customer chooses to have Solink install, then Customer will assign resources to fulfill the following roles:

Project Manager: who will coordinate the installation and activation on behalf of Customer and act as the main point of contact throughout the installation period
Escalation Contact: who will act as a designated escalation point for resolving any issues or delays that may arise.
Site Contacts: a contact person is required for each location who will coordinate equipment delivery, installation, and any on-site needs during the installation process.
IT Contact: who will support technical troubleshooting and connection to cameras, manage local and external networks, provide general networking troubleshooting and supply access to external systems as part of the integration scope (such as credentials, keys, data files, etc.)

3. Third-party installation

If Customer chooses to self-install and engages a technician other than a Solink technician (a “Third-Party Technician”) for the installation or servicing of any equipment provided by Solink, Customer assumes full responsibility for any damages, malfunctions, delays, or other issues arising from or related to services and equipment provided by such Third-Party Technician. Customer further agrees to indemnify, defend, and hold Solink harmless from and against any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs, and expenses related thereto including legal fees, directly or indirectly resulting from the services provided by the Third-Party Technician and the actions and omissions of the Third-Party Technician. This includes any failure to comply with applicable safety standards, installation guidelines, or other related procedures. As between Solink and Customer, Customer is responsible for obtaining any and all permits as may be required for the Third-Party Technician to complete any installation.

Last updated: July 16, 2025

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Software license agreement

1. LICENSE

1.1 License – Services

1.2 License – Platform

1.3 Leased Hardware

1.4 Delivery

1.5 Restrictions

2. CUSTOMER DATA

2.1 Customer Data

2.2 Ownership of Customer Data

2.3 License

2.4 Data Protection

3. FEES

3.1 Fees

3.2 Taxes

4. CUSTOMER RESPONSIBILITIES

4.1 Account

4.2 Acceptable Use Policy

4.3 Applicable Laws

4.4 Limiting Access

4.5 No Responsibility

5. THIRD PARTIES

5.1 Content

6. OWNERSHIP

6.1 Ownership of Software

6.2 Trade-marks

6.3 Proprietary Notices

7. WARRANTIES

7.1 Software and Services

7.2 Leased Hardware

7.3 Content

7.4 General Warranty

7.5 PCI Data

7.6 Warranty Disclaimer

8. LIMITATION OF LIABILITY

9. INDEMNIFICATION

9.1 Indemnification by Solink

9.2 Cooperation

9.3 Indemnification by Customer

10. TERM AND TERMINATION

10.1 Term

10.2 Termination Upon Insolvency

10.3 Termination Upon Default

10.4 Termination for Convenience

10.5 Limited Termination by Customer

10.6 Survival of Certain Terms

10.7 Effect of Termination

11. CONFIDENTIAL INFORMATION

12. MISCELLANEOUS

12.1 Notices

12.2 Assignment

12.3 Governing Law; Arbitration

12.4 Force Majeure

12.5 Independent Contractors

12.6 Entire Agreement and Waiver

Appendix A

1. GENERAL

2. CHANGED TERMS

3. USER CONDUCT

4. INTENDED USES OF THE SERVICES

5. PROHIBITED USES OF THE SERVICES, INCLUDE THE FOLLOWING

6. CUSTOMER RESPONSIBILITY FOR CUSTOMER’S USERS

7. SECURITY

8. COOPERATION WITH INVESTIGATIONS

9. NOTIFICATION OF VIOLATION

Privacy policy

1. What Personal Information We Collect

Sources of personal information

Categories of personal information

2. How We Use Your Personal Information (Our Purposes) and Our Lawful Basis For Processing It