Solink Legal Center

Legal Policies

Terms of Service

These terms and conditions set out below (the “Agreement”) is offered by Solink Corporation and its affiliates (“Solink” or “us”) to Customer (as defined below) and governs Customer’s access to and use of the Offering (as defined below).

Customer’s acceptance of these terms is evidenced by executing a Framework Agreement or Reseller Purchase Order (as defined below). This Agreement supplements any Framework Agreement or Reseller Purchase Order and in the event of any inconsistency or conflict between any Framework Agreement (as applicable) and this Agreement, this Agreement will govern unless the Framework Agreement expressly overrides the particular provision of this Agreement by making specific reference to the impacted provision. Reseller Purchase Orders are between Customer and the applicable Authorized Reseller. Other than as expressly provided herein, no Reseller Purchase Order will modify the rights or obligations of Customer or Solink under this Agreement. If you, as a 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. If Customer does not agree with these terms and conditions, you are not entitled to use the Offering and must cease your use of it immediately.

Customer and Solink agree as follows:

1. DEFINED TERMS

1.1 “Authorized Reseller” means a party authorized by Solink to resell Offering to Customer;

1.2 “Customer” or “you” means the organization or entity and their affiliates accessing and using the Offering;

1.3 “Edge Hardware” means Solink Equipment and Solink Recording Device;

1.4 “Edge Software” means the Solink software installed on a Recording Device to enable use of the Services;

1.5 “Framework Agreement” means an agreement and/or Master Services Agreement and/or Sales Order with Solink which incorporates or references this Agreement;

1.6 “Offering” means one or more of the Services, Solink Recording Device, Edge Software and Edge Hardware provisioned to Customer;

1.7 “Optional Hardware” means hardware or devices (such as touchpads or video alarms) purchased by Customer from Solink;

1.8 “Recording Device” means a recording device provided to Customer by Solink and used in conjunction with the Services;

1.9 “Reseller Purchase Order” means an agreement between Customer and an Authorized Reseller for the provision of any Solink Offering;

1.10 “Services” means Solink’s hardware-enabled, Saas-based video intelligence and security monitoring services and any support services, APIs, or integration-related activities provided by Solink to Customer;

1.11 “Solink Data” is data generated from use of the Solink Services which is not Customer Data. Solink Data is owned by Solink.

1.12 “Solink Equipment” means equipment necessary for use of the Services in their basic configuration (such as cables and monitors) as identified by Solink, other than: (a) a Recording Device and (b) Optional Hardware.

2. LICENSE

2.1 License – Services. Solink grants and Customer hereby accepts, subject to payment by Customer of the Fees (as set out in the applicable Framework Agreement or Reseller Purchase Order and as further defined below in Section 4 [Fees]) and subject to the terms and conditions contained herein:

2.1.1 a limited, non-transferable, non-exclusive, worldwide, enterprise-wide, non-sublicensable, and revocable license (the “License”) to use the Services during the Term solely for Customer’s internal business purposes.

2.1.2 a non-exclusive, non-transferable, non-sublicenseable, limited use license to use the Edge Software in object code form, solely in connection with Customer’s use of the Services.

2.1.3 a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license under Solink’s intellectual property rights during the Term (a) to use Solink’s application programming interfaces (each an “API”); and (b) to display the Solink Data received from the APIs. Customer has no right to distribute or allow access to the stand-alone APIs of the Solink Data.

2.2 Edge Software. Customer must use a Recording Device which includes pre-installed Edge Software to access the Offering.

2.3 Edge Hardware. Edge Hardware is provided for Customer’s use solely in connection with the Offering during the Term. While the Edge Hardware is in the possession or control of an Authorised Reseller or Installer (as defined below), such Authorised Reseller or Installer is responsible and liable for such Edge Hardware according to the terms of their agreements with Solink. While the Edge Hardware is on Customer’s premises or in Customer’s possession or control: (a) Customer will ensure that all Edge Hardware is covered by reasonable policies of insurance from reputable insurance providers for reasonably foreseeable perils (including fire, theft, vandalism, riot or civil disturbance, lightning, hail, rising water/snow damage, and earthquake) and (b) Customer will be solely responsible for Edge Hardware’s safe-keeping and condition, including requesting maintenance, services, and support from Solink as necessary. In connection with any instance of Solink or its Installers providing installation/de-installation services, maintenance and support, Customer will comply with pre-visit instructions provided by Solink and/or its Installers. Customer will reimburse Solink for any additional costs and expenses incurred as a result of a failure to provide adequate access or to comply with pre-visit instructions (which may include scheduling an additional service call at Customer’s expense). Customer is entitled to use the Edge Hardware solely in connection with Customer’s use of the Services.

2.4 Delivery. Solink will provide access to the video intelligence and security monitoring Services by electronic delivery and access to the Edge Software by electronic delivery or by installation on the Edge Hardware, as applicable. All Optional Hardware will be provided by Solink to Customer pursuant to a Framework Agreement. Solink will advise the Customer promptly of any expected delay in delivery. The Edge Hardware and Optional Hardware ordered pursuant to the terms of this Agreement will be shipped to the Authorised Reseller, Installer, or Customer, as applicable, pursuant to FCA (Incoterms 2020). All freight, insurance, and other shipping expenses will be paid to the carrier or freight forwarder by Solink unless otherwise set out in the Framework Agreement or Reseller Purchase Order.

2.5 Restrictions. The Edge Software and the Services (collectively, the “Platform Components”) are protected by Canadian, American, and international copyright laws and treaty provisions and may be subject to patents. Customer acknowledges that portions of the Offering constitute valuable trade secrets of Solink and its licensors. Customer agrees to comply with all intellectual property laws worldwide in Customer’s use of the Platform Components. 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, trademark, copyright, trade secret, or confidential information of Solink or its licensors. Except as otherwise set out in this Agreement, Customer will not (i) copy or use the Platform Components; (ii) alter, modify, duplicate, translate, de-compile, reverse engineer, or attempt to recreate the Platform Components, in whole or in part; (iii) modify or create any derivative works from the Platform Components any part thereof; (iv) merge the Platform Components with any other software; (v) disclose to any third party any performance information or analysis relating to the Platform Components; (vi) license, sublicense, sell, convey, assign, transfer, give, lend, rent, transfer, or otherwise grant any right to any of the Platform Components 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 Platform Components or a product with similar ideas, features and functionality as the Platform Components; or (vii) copy any ideas, features of functions of the Platform Components.

2.6 Modifications. Customer acknowledges that the Services and the Edge Software will be subject to modification by Solink from time to time, and that the Services and the Edge Software may require periodic upgrades. Solink makes no commitment that any particular hardware or software in use by Customer, which is not provided by Solink, will remain compatible with the Services or Edge Software as so modified unless otherwise provided in the applicable Framework Agreement.

2.7 Integrations. Where Customer has integrated third party services or software, third party data feeds or its own databases or data feeds with the Services, Customer remains responsible and liable for accuracy, quality, integrity, reliability, appropriateness, and intellectual property ownership and for obtaining the right to use any such third party services or software, data feeds, or databases in connection with the Services, including permitting Solink to make use of such data in accordance with Section 3 [Customer Data]. Where Solink and Customer agree that Solink will take responsibility for completing any such integration, if so directed by Customer: (a) Solink will use reasonable efforts to obtain the right for Solink to use any required third party APIs, software code, or software development kits as required to perform such integration activities; and (b) Solink will, acting reasonably, provide third parties access to Solink APIs, software code, or software development kits pursuant to a license agreement between Solink and such third party. Solink will not be responsible for any third party APIs, software code, or software development kits used as part of any integration activities and makes no commitment as to their quality, availability, appropriateness for Customer’s use or their non-infringement. Customer will be responsible for completing testing on any integrations and confirming that such integration activities are completed in a manner that suits Customer’s needs as agreed by Solink and Customer.

3. CUSTOMER DATA

3.1 Customer Data. In the course of using the Services, Customer may upload certain information, data, and material, including but not limited to point-of-sale data and video and/or audio footage to a Recording Device and/or the Services, other than Anonymized Metadata (as defined below) (the “Customer Data“). Solink is not responsible in any way for the content of Customer Data, and will not be required to take any action or provide any notification to Customer or any third party as a result of its processing of Customer Data (outside the express obligations set out in this Agreement), including where the Customer Data: (i) reveals non-compliance with applicable law, unlawful acts, or threats to life or property; (ii) is infringing, obscene, threatening, libelous, or other illegal material; (iii) includes 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) contains any content, work, name, logo, or mark that infringes any intellectual property right of any person; or violates the privacy rights, publicity right, or contract rights of any person. Any such action or notification to third parties or Solink resulting from the Customer Data will be the sole responsibility of Customer. Customer will take all steps required by applicable laws and duties owed to third parties to ensure that its collection of Customer Data and its provision of Customer of Customer Data to Solink for the purposes contemplated by this Agreement and the DPA is lawful and otherwise consistent with any duty or standard of care owed to any third party.

3.2 Ownership of Customer Data. As between Customer and Solink, Customer owns the Customer Data and all intellectual property rights therein and 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 (including any use of such Customer Data by Solink as contemplated by this Agreement).

3.3 License. Customer agrees to grant Solink and, subject to Solink’s Data Protection Addendum (available at https://solink.com/legal/#data-processing-addendum, the “DPA”) its third party service providers, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right during the Term to (i) use, access, receive, store, process and/or disclose Customer Data for the purpose of providing Services to the Customer in accordance with the terms of this Agreement; (ii) use Customer Data for the purposes of creating analyses, models, aggregated data sets, and/or preparing reports and recommendations and other outputs to improve the Services; and (iii) during the Term, create and use aggregate and de-identified metadata generated as a result of Customer’s use of the Services provided that such data is anonymized and not capable of being re-identified (“Anonymized Metadata”). Solink may use Anonymized Metadata for internal purposes, including to improve the Services. 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; or (c) protect the Services, 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 the DPA.

3.4 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 PII contained in the Customer Data from the individual to whom such PII pertains, and that Customer has complied with all relevant privacy laws in collecting, using and disclosing such PII to Solink. Customer agrees and acknowledges that it is responsible for ensuring that the data security and privacy requirements set out in this Agreement are appropriate given the level of sensitivity of Customer Data shared through Customer’s use and receipt of the Software and Services. For more information on Solink’s data use and data protection practices, please refer to its Privacy Policy (available at https://solink.com/legal/#privacy-policy) and DPA.

3.5 PCI Data. Customer represents and warrants that it will not provide payment card industry data (“PCI Data”) to Solink.

4. FEES

4.1 Fees. Customer will pay Solink or Authorized Reseller the fees in advance as set out in the applicable Framework Agreement or Reseller Purchase Order and any applicable taxes (the “Fees”) as set out therein. Fees may increase by up to 7% annually, unless the Framework Agreement or Reseller Purchase Order states otherwise. Unless otherwise provided in the Framework Agreement or Reseller Purchase Order, (a) payment by Customer will be due within thirty (30) days of the date of the invoice; and (b) all overdue amounts will collect interest at a rate of 1.5% per month or the maximum allowable by law. Solink reserves the right to terminate Customer’s access to the Offering if Customer fails to pay any Fees when due or if Customer provide false or fraudulent billing or contact information.

4.2 Taxes. All Fees and other charges 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 between the parties.

5. CUSTOMER RESPONSIBILITIES

5.1Account. Customer will have an account created by or for the Customer that provides access to the Services and all related applications (an “Account”). Customer agrees to notify Solink immediately in the event of any unauthorized use of its Account or if Customer suspects its Account 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.

5.2 Account User Permissions. Customer will identify one (1) or more users to have access to the Account (each a “User”). Customer will have the ability to set permissions for each User, including, but not limited to, permissions to:

5.2.1 Make changes to the Account;

5.2.2 Add Users to and remove Users from the Account;

5.2.3 Add to and remove cameras and Edge Hardware from the Account; and

5.2.4 Configure video settings including bitrate and data retention;

5.3 Customer Users. Customer may add as Users any individual who is an employee of the Customer, a contractor for the Customer, operating on behalf of an Authorized Resellers, and any other individual as Customer deems necessary to have access to the Account (each a “Customer User”). Customer is responsible for all of the activity associated with the Account where such activity is generated by Customer Users.

5.4 Solink Users. Solink’s representatives may, from time to time, require access to the Account (each a “Solink User”). Access for Solink Users will be granted (i) on a temporary basis, (ii) with permission from Customer, and (iii) only for specific purposes such as providing customer support and technical support.

5.4.1 Automated Events. From time to time, Solink may make changes to the Account via automated means. Such events will be logged in the audit log and will be linked to an individual with a Solink email address. Such individual will not be considered a Solink User for the purposes of this Agreement. Solink is responsible for all actions taken by Solink Users and by automated means.

5.5 Acceptable Use Policy. Customer and Customer Users must at all times comply with the terms and conditions of Solink’s Acceptable Use Policy available at https://solink.com/legal/#acceptable-use-policy.

5.6 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.

5.7 No Competitor Access. Customer represents that it is not a competitor of Solink and agrees that Customer will not knowingly allow competitors of Solink to access the Services.

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

6. OWNERSHIP

6.1 Ownership of Platform Components. Solink and its licensors own all right, title, and interest in and to the Platform Components, 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 Platform Components, including but not limited to the right to access and use the Platform Components, will terminate.

6.2 Ownership of Edge Hardware. Unless otherwise stated in the applicable Framework Agreement, title to the Edge Hardware will remain at all times with Solink and Customer will have no right of ownership in respect of the Edge Hardware.

6.3 Trademarks. The trademarks, logos and company names of Solink or any of its affiliates and licensors used as part of the Services and the System 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 System Content may be the trademarks of their respective owners.

6.4 Proprietary Notices. Customer agrees not to alter, remove, deface, or destroy any copyright, trademark, or proprietary markings or confidential legends placed upon or contained in the Services and the System Content or in or on any related material.

7. WARRANTIES

7.1 Platform Components. Solink warrants that the Platform Components are designed to, and will, operate in substantial conformity with the specifications set out in the user documentation, available at https://help.solink.com/en/, as may change from time to time.

7.2 Edge Hardware. Solink warrants that the Edge Hardware will function, when given normal, proper, and intended usage, substantially in accordance with the published specifications for the Edge Hardware as provided by the applicable manufacturer. Customer’s sole remedy for any defect in the Edge Hardware is limited to the remedy available to Solink from the applicable manufacturer, which may exclude remedies for Edge Hardware that has been improperly installed or maintained.

7.3 Installation. Solink warrants that any installation performed by Solink or its authorized installation partners (each an “Installer”) will be covered by Solink’s and/or Installer’s insurance policies. Installers will at all times carry appropriate certification to perform the services. See Installation Terms and Conditions (available at https://solink.com/legal/#installation-terms-conditions) for further details.

7.4 General Warranty. Solink warrants that (i) Solink has the right to enter into this Agreement; (ii) to Solink’s knowledge, the Platform Components do not infringe 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 (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 Edge 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 Warranty Disclaimer. EXCEPT FOR THE WARRANTIES IN THIS SECTION 7 [WARRANTIES], THE EDGE SOFTWARE, EDGE HARDWARE, OPTIONAL HARDWARE, AND SERVICES ARE PROVIDED “AS IS” AND SOLINK AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS AND AGREES THAT THE EDGE SOFTWARE, THE EDGE HARDWARE, OPTIONAL HARDWARE, 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, REPRESENTATION, OR CONDITION (INCLUDING ANY IMPLIED WARRANTY OR CONDITION 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 EDGE SOFTWARE, EDGE HARDWARE, OPTIONAL HARDWARE, AND SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE EDGE SOFTWARE, EDGE HARDWARE, OPTIONAL HARDWARE, AND/OR SERVICES 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 EITHER PARTY 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 EDGE SOFTWARE, THE EDGE HARDWARE, OPTIONAL HARDWARE, OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. SOLINK DISCLAIMS ALL LIABILITY OF ANY KIND OF SOLINK’S LICENSORS AND SUPPLIERS. CUSTOMER SPECIFICALLY AGREES THAT SOLINK WILL 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, OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY 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 WILL BE CUSTOMER’S SOLE REMEDY AND THE PROVISIONS OF THIS SECTION WILL 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 WILL APPLY EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OF THIS PROVISION.

9. INDEMNIFICATION

9.1 Indemnification by Solink. Solink will 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 Edge Software and Services; 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 Edge Software or Services.

9.2 Indemnification by Customer. Customer will 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.

9.3 Cooperation. Neither Solink or Customer is under an obligation to indemnify and hold harmless the other party if it does not receive notice of the suit or claim or is not furnished with a copy of each communication, notice or other action relating to said claim promptly after its receipt by the indemnified party receives such notice and each such communication; provided that, failure to deliver timely notice will not relieve a party of its obligations hereunder unless it is materially prejudiced by such failure. The indemnifying party will have the right to assume sole authority to conduct the trial or settlement of such claim or any negotiations related thereto at its own expense. The indemnified party will provide reasonable information and assistance requested by the indemnifying party in connection with such claim or suit, at the indemnifying party’s cost and expense.

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 Edge Software (the “Effective Date”) and will continue in full force and effect until the end date of the term set out in the applicable Framework Agreement or Reseller Purchase Order (the “Initial Term”) or until terminated in accordance with the terms of this Agreement.

10.2 Renewal Terms. After the Initial Term, this Agreement will automatically renew for the length of time stated in the applicable Framework Agreement or Reseller Purchase Order (each a “Renewal Term” and collectively with the Initial Term, the “Term”) unless the Framework Agreement or Reseller Purchase Order states otherwise or unless Customer provides Solink with at least sixty (60) days’ notice of its intention not to renew.

10.3 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.

10.4 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 will be resolved pursuant to Section 11.3 [Governing Law] and if such Dispute is resolved in favour of the party asserting such breach, then the other party will have thirty (30) days to cure such breach as directed by the third party resolving such Dispute.

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

10.6 Effect of Termination. Upon termination of this Agreement for any reason:

10.6.1 Access to Services. Customer’s access to the Services and use of the Edge Software and the Edge Hardware will end immediately and Account will be disabled.

10.6.2 Return of Edge Hardware. Customer will immediately return all Edge Hardware to Solink or Authorized Reseller, as applicable, at Solink’s sole expense. For avoidance of doubt, Customer will be responsible and liable for each unit of Edge Hardware during shipment until such time as it is received by Solink.

10.6.3 Cancellation Fee. In the event of (i) termination pursuant to Section 10.3 or (ii) a failure by Customer to return any Edge Hardware to Solink as contemplated by this Section within thirty (30) days of the effective date of termination, Solink will be entitled to, at its option and at Customer’s cost and expense: (a) retrieve all Edge Hardware from Customer’s premises, with Customer’s assistance; or (b) charge the Customer a replacement cost, as determined by Solink, per unit of Edge Hardware.

10.6.4 Data Deletion. Customer agrees and acknowledges that Solink is not obliged to retain Customer Data following the Term. Solink agrees to delete Customer Data (other than such Customer Data as required by Solink to comply with applicable laws or such Customer Data which is stored on back-up archives for business continuity purposes and deleted and purged in the ordinary course) (“Deletable Data”) under the following circumstances:

10.6.4.1 Upon written request from Customer, within thirty (30) days of receipt of such request. Solink will also certify that it has complied with this Deleteable Data obligation, if requested; or

10.6.4.2 Solink may delete Deletable Data under normal business processes following the expiration of the relevant Framework Agreement or Reseller Purchase Order.

10.6.5 No Refunds. Solink will not refund Customer for any pre-paid amounts in the event that Solink terminates a Framework Agreement or Reseller Purchase Order or if Customer terminates for convenience. At Solink’s sole discretion, Solink may offer a partial refund to Customer for any pre-paid and unused amounts in the event that Customer terminates for cause.

11. CONFIDENTIAL INFORMATION

11.1 Neither party will 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 System 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 will 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 [email protected]. Such notice will be deemed to have been received twenty-four (24) hours after it was sent.

12.2 Assignment. All the terms and provisions of this Agreement will be binding upon and inure to the benefit of the parties and to their respective heirs, successors, permitted assigns and legal representatives. Customer may assign, transfer or delegate any of its rights or obligations under this Agreement only with Solink’s prior written consent; provided that no consent will be required for a transfer of this Agreement to an affiliated/related entity or in connection with a merger, acquisition, or other corporate combination, or the sale of all or substantially all of Customer’s assets. Solink may assign, transfer or delegate any of its rights or obligations under this Agreement without restriction.

12.3 Governing Law; Arbitration.

12.3.1 For Customers located in Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

12.3.2 For all other Customers. This Agreement will be governed by the laws of the State of New York and the federal laws of the United States.

12.3.3 Arbitration. Except for disputes for which injunctive relief is sought (for example, to prevent the unauthorized use or disclosure of proprietary materials or information or the entrance onto Customer premises to retrieve Equipment) the following procedures will 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 will 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 will meet in person or by telephone to review and attempt to resolve the dispute in good faith. The executive officers will have ten (10) days to attempt to resolve the dispute. Any disputes that are not otherwise resolved by the parties will be submitted to binding and confidential arbitration in Ottawa, Ontario in accordance with the Arbitration Act, 1991 (Ontario) (the “Act”). Before entering into arbitration, the parties will each appoint an arbitrator, and these two arbitrators will 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 will defer to the procedure for selection of an arbitrator under the Act. None of the arbitrators will be officers or employees of the parties. Each such arbitrator will be a lawyer having experience and familiarity with information technology disputes and called to the applicable bar or law society of the Agreement’s governing law. The arbitrators will 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 will 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 (other than payment obligations) where such failure results from acts of God, acts of civil or military authority, fire, flood, strikes, war, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes beyond its 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, coowners 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 Amendments. No amendments to this Agreement will take effect unless mutually agreed upon in writing by the parties.

12.7 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 or by posting an updated version to Solink’s website. Customer acknowledges and agrees that it is Customer’s responsibility to check Solink’s website for updates on a regular basis. Continued use of the Services, Edge Software or Edge Hardware following any such amendment will constitute Customer’s acceptance of the amended Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 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.

Last updated: November 11, 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

API Software License Agreement

THIS API SOFTWARE LICENSE AGREEMENT IS FOR REFERENCE ONLY.

Visit https://solink.com/api/ to learn more about integrating with Solink. Fill in the form at the link to get connected to us directly and request a copy of the API Software License Agreement for signature.

This License Agreement (the “Agreement”) is entered into as of _______________ (the “Effective Date”) by and between Solink Corporation (“Solink”) a corporation incorporated under the laws of Canada, having its principal place of business at 390 March Road, Suite 110 Kanata, Ontario K2K 0G7 and _______________ (“Licensee”), located at _______________ .

1. API and Content Description.

1.1 Licensee desires to license certain of Solink’s application programming interfaces (each an “API”), that are designed to permit Licensee to provide and receive data (“Customer Data”) to and from Solink’s proprietary database. “Customer Data” refers to video and audio footage and transaction data uploaded through Solink’s video intelligence services and video monitoring services (the “Solink Services”) by a Customer. A Customer is the ultimate user of the Solink Services who accesses and uses the Solink Services pursuant to a separate license agreement. Licensee acknowledges that this Agreement does not authorize Licensee to access and use the Solink Services.

2. Permission to Use Customer Data.

2.1 Licensee warrants i) that it has obtained permission from the Customer to access and use the Customer Data; and ii) that it will only access and use the Customer Data to the extent authorized by the Customer and in accordance with all applicable laws and regulations. Licensee further warrants that the provision, use and implementation of the Licensee’s products and services will comply with all applicable laws and regulations.

3. API and Content License.

3.1 Subject to the terms and conditions of this Agreement, Solink grants Licensee a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license under Solink’s intellectual property rights during the term of this Agreement (a) to use the APIs; and (b) to display the Solink Data received from the APIs. Solink Data is data generated from use of the Solink Services which is not Customer Data. Solink Data is owned by Solink. Licensee has no right to distribute or allow access to the stand-alone APIs of the Solink Data.

4. Restrictions

4.1 Except as expressly authorized under this Agreement or by Solink in writing, Licensee shall no

4.1.1 disclose or provide the APIs, Customer Data or Solink Data to any person or entity other than to Licensee’s employees or independent contractors who are individuals, provided (a) such independent contractors enter into an agreement with Licensee at least as protective of Solink’s rights as this Agreement, and (b) Licensee hereby agrees to be responsible for, and liable to Solink for any breaches of such agreements by Licensee’s independent contractors,

4.1.2 use the APIs, Customer Data and Solink Data for any illegal, unauthorized or otherwise improper purposes, or in any manner which would violate this Agreement or breach any laws or regulations or agreement or violate the rights of third parties; including the rights of a Customer and any obligations owed by Licensee to a Customer with respect to the Customer Data;

4.1.3 remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials Licensee receives or accesses pursuant to this Agreement, including but not limited to, the APIs, Customer Data and Solink Data;

4.1.4 use the APIs, Customer Data or Solink Data in an application that competes with products or services offered by Solink;

4.1.5 use the APIs or Solink Data in conjunction with, or combine content from the APIs or Solink Data with, Solink content obtained through scraping or any other means outside the official Solink APIs or Solink Data;

4.1.6 interfere with or disrupt Solink services or servers or networks connected to Solink services, or disobey any requirements, procedures, policies or regulations of networks connected to Solink services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the APIs or Solink Data; or

4.1.7 copy, adapt, reformat, reverse- engineer, disassemble, decompile, download, translate or otherwise modify the APIs, Data, Customer Data or Solink Data, Solink’s website other content or services, or any of Solink’s other services, through automated or other means.

4.2 This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of Solink or any other party or licensor. No rights or licenses are granted except as expressly set forth herein. If Licensee violates any of the foregoing restrictions, Solink shall own all right, title and interest relating to any and all inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, using the API or the Solink Data. Licensee hereby agrees to make all assignments necessary to accomplish the foregoing ownership.

5. Proprietary Rights.

5.1 As between the parties, Solink owns all rights, title, and interest in and to the APIs and the Solink Data. Except to the limited extent expressly provided in this Agreement, neither party grants, and the other party shall not acquire, any right, title or interest (including, without limitation, any implied license) in or to any property of the first party. All rights not expressly granted herein are deemed withheld.

6. Data Protection.

6.1 In the course of using the API, Licensee 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. Licensee acknowledges that Licensee has obtained the consent to use any PII contained in the Customer Data from the person to whom such PII pertains, and that Licensee has complied with all relevant privacy laws in collecting, using and disclosing such PII to Solink.

7. Confidentiality.

7.1 The parties acknowledge that a party (the “Receiving Party”) may receive confidential or proprietary information relating to the other party (the “Disclosing Party”) which is either identified as confidential at the time of disclosure or should reasonably be recognized by the Receiving Party as confidential under the circumstances, whether or not marked as confidential or proprietary (collectively, “Confidential Information”). For the avoidance of doubt, the API is deemed to be Solink’s Confidential Information. Confidential Information shall not include any information that the Receiving Party can establish: (a) was generally available to the public (or becomes so) without the fault or negligence of the Receiving Party, (b) was known by or in the possession of the Receiving Party before receipt from the Disclosing Party; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, and without breaching any provisions of the Terms; or (d) is rightly obtained by the Receiving Party from a third party without a duty of confidentiality. A Receiving Party will use Confidential Information solely as necessary to perform its obligations under this Agreement. A Receiving Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, but in any event no less than reasonable care, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and service providers who, in each case, must have access to such Confidential Information to perform the Receiving Party’s obligations under this Agreement and who are each subject to obligations of confidentiality that are at least as stringent as those contained in this Agreement or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in this Agreement, provided that, if legally permitted, the Receiving Party shall give the Disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. To the extent legally permitted, the Receiving Party will consult and cooperate with the Disclosing Party to obtain a protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information and will otherwise only disclose that portion of the Confidential Information that is required to be disclosed. The Receiving Party is liable for its affiliates’, employees’, service providers’ and agents’ compliance with the terms of this section. Upon request, all copies and excerpts of Confidential Information will be securely erased or destroyed, except any archived copies, which will remain subject to these confidentiality provisions.

8. Indemnity.

8.1 Licensee agrees that Solink shall have no liability whatsoever for any use Licensee makes of the API, Customer Data and Solink Data. Licensee shall indemnify and hold harmless Solink from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Licensee’s use of the API. Licensee agrees to indemnify, defend and hold harmless Solink and its directors, officers, employees, subcontractors and agents (each, an “Indemnified Party”, and collectively, the “Indemnified Parties”), with respect to any claim, demand, cause of action, debt or liability, including reasonable legal fees (collectively, “Claims”), to the extent that such Claim is based upon or arises out of: (a) Licensee’s breach of any representation, warranty, obligation or covenant under this Agreement; (b) Licensee’s gross negligence or wilful misconduct; (c) Licensee’s access to or use of the API, the Customer Data and the Solink Data; (d) any third party claim that the Customer Data or Licensee’s products or services infringe the intellectual property or other rights of a third party; (e) any activity associated with or related to the Licensee’s products or services, including but not limited to, the performance, non-performance or improper performance of the Licensee’s products or services; and (f) resulting from any violation by Licensee of any privacy laws, regulations and directives relating to the collection, use or disclosure of any PII and Customer Data provided to Solink hereunder. In claiming any indemnification hereunder, the Indemnified Party shall promptly provide Licensee with written notice of any claim which the Indemnified Party believes falls within the scope of the indemnifications provided herein. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that Licensee shall control such defense and all negotiations relative to the settlement of any such Claim and further provided that in settling any Claim the Licensee will not make any admission on behalf of the Indemnified Party or agree to any terms or conditions that do or reasonably could result in any admission by, or the imposition of any liability upon, the Indemnified Party without the prior written approval of the Indemnified Party.

9. Warranty Disclaimer.

9.1 The parties acknowledge that the API and any services are provided “AS IS.” Solink and its licensors disclaim all warranties relating to the API, or any services, express or implied, including, but not limited to, any warranties against infringement of third party rights, merchantability and fitness for a particular purpose.

10. Limitation of Liability.

10.1 Solink shall not be responsible or liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other theory with respect to the API, Solink Data, Customer Data and Licensee’s use of the Customer Data or any activity or omission in any way related to License’s products or services. Solink shall not be responsible for or liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for losses of profits, goodwill, use, data or other tangible or intangible losses resulting in any way from the API, Customer Data, Solink Data or Licensee’s products and services even if Solink has been advised of the possibility of such damages. In any event, Solink’s liability to licensee under this Agreement for any reason will be limited to $100 USD. This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The relationship between a customer using any Solink services (a “Customer”) and the Licensee is strictly between the Customer and the Licensee, and Solink is not obligated to intervene in any dispute arising between the Customer and the Licensee. Under no circumstances shall Solink be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from or in any way relate to i) the Licensee’s relationship with any Customer; and ii) Customer’s use of Licensee’s product and services. These limitations shall apply even if Solink has been advised of the possibility of such damages.

11. Termination.

11.1 This Agreement will commence as of the Effective Date and will continue in full force and effect until terminated in accordance with the terms herein.

11.2 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.

11.3 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.

11.4 Termination for Convenience. Each party may terminate this Agreement for convenience by providing the other party with 60 days’ written notice of its intention to terminate.

11.5 Effect of Termination. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of Solink’s Confidential Information, and shall so certify to Solink that such actions have occurred.

12. General.

12.1 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative or related entity of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

12.2 Non-Exclusivity. Nothing in this Agreement is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties to this Agreement. The Agreement shall not restrict either party from entering into similar arrangements with others, provided it does not breach its obligations under this Agreement by doing so, including any confidentiality obligations.

12.3 Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally, or by email to _______________ and to [email protected] (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the address provided.

12.4 No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving party.

12.5 Entire Agreement. This Agreement, including all guidelines and other documents linked or otherwise incorporated or referenced herein, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof.

12.6 Assignment. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, successors, permitted assigns and legal representatives. Solink shall be permitted to assign this Agreement without notice to or consent from the Licensee. Licensee shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without Solink’s prior written consent, to be given or withheld in Solink’s sole discretion.

12.7 Applicable Laws. This Agreement shall be governed by and interpreted in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the City of Toronto with respect to any dispute or claim arising out of or in connection with this Agreement.

Last updated: Sep 15, 2025

Solink Acceptable Use Policy

1. GENERAL

1.1 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

2.1 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

3.1 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.

3.2 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.”

3.3 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

4.1 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

5.1 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.

5.2 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:

5.2.1 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.

5.2.2 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.

5.2.3 Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

5.2.4 Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

5.2.5 Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

5.2.6 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.

5.2.7 Engaging in any activities that may interfere with the ability of others to access or use the Service or the Internet.

5.3 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.

5.4 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.

5.5 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

6.1 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:

7.1.1 Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.

7.1.2 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).

7.1.3 Monitoring any data, information or communications on any network or system not owned by you without authorization.

7.1.4 Gaining unauthorized access to the user accounts or passwords of other users of any system.

7.1.5 Attempting to intercept, redirect or otherwise interfere with communications intended for others.

7.1.6 Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.

8. COOPERATION WITH INVESTIGATIONS

8.1 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

9.1 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 [email protected], or through your designated Account Manager at Solink.

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Terms of Service

Table of Contents

1. DEFINED TERMS

2. LICENSE

3. CUSTOMER DATA

4. FEES

5. CUSTOMER RESPONSIBILITIES

6. OWNERSHIP

7. WARRANTIES

8. LIMITATION OF LIABILITY

9. INDEMNIFICATION

10. TERM AND TERMINATION

11. CONFIDENTIAL INFORMATION

12. MISCELLANEOUS

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

Lawful basis for processing descriptions (EEA and UK only)

3. When We Disclose Your Personal Information

4. Transferring Your Personal Information

5. Cookies

6. How We Protect Your Personal Information

7. Retention of Your Personal Information

8. Your Data Protection Rights (Canada residents)

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

10. U.S. State Data Privacy

California

Additional U.S. States

11. Changes to our Privacy Policy

12. Contacting Us

Solink Data Processing Addendum

1. Definitions

2. Scope and Applicability of this DPA

3. Role and Scope of Processing

3.1 Roles of the Parties

3.2 Processing Instructions and Purpose Limitation

3.3 Customer Responsibilities

3.4 Prohibited Data

3.5 Location of Processing

3.6 Confidentiality of Processing

4. Subprocessing

4.1 Authorized Subprocessors

4.2 Subprocessor Obligations

4.3 Objection to Subprocessors

5. Transfers of European Processor Data

5.1 Scope and Role of the Parties

5.2 Restricted Transfers to Solink

5.3 Standard Contractual Clauses prevail

5.4 Onward Transfers

6. Additional Provisions for California Processor Dat

6.1 Scope and Role of Parties

6.2 Responsibilities

7. Security

7.1 Security Measures

7.2 Security Incident Response

8. Cooperation and Data Subject Rights

9. Data Protection Impact Assessment

10. Deletion or Return of Data

11. Audit

12. Limitation of Liability

13. Relationship with the Agreement

14. Governing Law

15. Execution

ANNEX I

Data Processing Description

1. LIST OF PARTIES.

2. DESCRIPTION OF TRANSFER.