Last Updated September 2020
This agreement (“Terms”) regulates customer’s use of Delvify APAC Ltd. (“our”, “the website”) services. By accessing this website or using our services, you are accepting these Terms on your behalf or any entity you might represent.
We may update or revise these Terms without prior notice. Please periodically visit our site and this section to ensure you understand these Terms.
In order to use our website and services, you must be at least 21 years of age, or the legal age of consent in the country in which you are accessing this website and by using our website and services (and agreeing to these Terms) you warrant and represent you are of such age.
Use of this Website
You must not use the Delvify website in any way that may cause damage to the website or impairment to the access of the website; or in any way which is unlawful or illegal under the laws of Hong Kong or harmful, or in connection with any unlawful, illegal or fraudulent activities.
You must not use this website to copy, store, host, transmit, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, keystroke logger, Trojan horse, or any other malicious and harmful computer software.
Our website posts information about our services, as well as marketing, informational and educational content. Delvify retains any and all intellectual property in all content posted on our website, whether or not they are available for public use under these Terms.
Your use of our material or content, including documents, graphics, webinars, case studies, and other such information is limited to downloading, viewing, copying and printing for personal and non-commercial purposes only. You must not modify or commercialize our content in any manner.
If your use of our information is deemed to be “fair use”, and abides with copyright law, you must not use, reproduce, download, copy, display, publish, transmit or distribute any information from our website, in whole or in part, without express consent and authorization from us or our legal representatives.
Termination of website use
These Terms will remain in force and effect while you use the website. Delvify may, at any time, for any reason and at our sole discretion, terminate your rights to use this website, or any service accessible through the website. Upon termination of your rights under these Terms, right to access and use the website will terminate immediately and indefinitely.
Passwords and security
You and only you are responsible for keeping confidential any password(s) you are provided for access to our website and/or services, and you are fully responsible for all activities that take place. Under these Terms, you agree to notify Delvify immediately of any unauthorized or suspicious use of your password(s).
Links to third party sites
As you navigate our website, you might find links that enable you to leave our website. The linked websites are not under Delvify’s regulations or control; therefore, we do not have responsibility for the contents of any linked website, or any link contained in a linked website. Delvify is not responsible for any information or transmission received from any linked website.
” Personal Data” means any data or combination of information we have access to that allows us to identify a specific individual.
A “Data Subject” is an individual who can be identified from personal data.
“End User” is any individual or business which uploads an image through an app, website or mobile device in order to use our visual search technology, or to annotate or tag such images. You and yours will refer to you and/or the business you represent when using our services.
Businesses provide us with a database of product images to use in training our SMART SKU application. These images may include identifiable individuals, such as a model in a clothing catalogue and are called “Product Images.”
SMART Vision Images
An End User may upload or send an image to us or via a company using our technology to request a similar image match using our computer vision models. These are “SMART Vision Images” and collectively with Product Images are called “Images.”
What Personal Data we may collect.
Why we process Personal Data in Product Images.
Who sees the Product Images or SMART Vision Images?
How long do we keep an Image?
If an Image is provided to us by a business, we will delete those images if the business asks us to, if the image is updated with a new or different image or by default no later than a maximum of 12 months after a business closes its account with us.
If the Image is used for training or models, after the training is finished, we have no need of the images and we delete them from our servers.
We may retain an Image for up to a year so that we may benchmark and optimize our model’s performance, so that we can respond to feedback from and End User about errors in results so that we may replicate the original search query, identify any errors and fix such errors.
Where do we store images?
We store all our images in a secure server hosted by Microsoft Azure Cloud Services.
If you are an End User located in the European Economic Area we store the query images you send us in a data centre in a Member State of the European Union. We keep your location information attached to such query images in the European Economic Area too. Otherwise, we store query images in a data centre agreed with the business through which we provide our services to you. However, we also keep a copy of your IP address (which provides location information) in our system logs
We take the security of your personal data seriously. We have appropriate security measures in place to prevent your personal data being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business ‘need to know’. They will process your personal data only on our instructions. Details of these measures can be obtained by contacting us at the address below.
We have procedures in place to deal with any suspected personal data breach and will notify the relevant business partner and any applicable supervisory authority of an actual or suspected personal data breach where we are required by contract or law to do so.
If we transfer personal data from a country that has data protection legislation to a country that does not have an equivalent standard of data protection legislation we enter into strong contracts to provide that the personal data with protection as required by the GDPR.
Please contact us if you require more information on security protocols.
GDPR and Image handling
If you are an individual in an Image which is used for the purposes for which we process any Personal Data we are not required to identify you (and we do not do so). Therefore, we are not obliged by the GDPR to maintain, acquire or process additional personal information in order to identify you for the sole purpose of enabling you to exercise any of the data subject rights described below.
However, you may be able to exercise such rights if you provide us with additional information enabling us to identify you. We would also need information to enable us to clearly identify the Image in connection with which you wish to exercise your rights.
Other ways we may collect Personal Data
Any interaction with us or our affiliates or subsidiaries may result in collection of Personal Data. This may include but is not limited to:
Why we use Personal Data:
We use Personal Data to deliver a better and more consistent service to business and our users. We may use Personal Data for purposes such as but not limited to:
Third Party Service providers
We use occasionally third-party service providers to improve our service delivery. They may be located inside or outside of the European Economic Area (EEA). In particular, they may be located in Europe, India, Asia Pacific, and North America. We use them to help us:
These service providers have limited access to your personal data to perform these tasks on our behalf and they are contractually bound to protect the personal data and only use it in accordance with our instructions. We share your personal data with them only so that we are able to ensure the adequate performance of our obligations to you.
To enable us to provide our services, we may share your personal data with companies that are in our corporate group.
Business transfers and other related transactions
If we undertake or are involved in any fundraising or change of control, we may sell, transfer or share some or all of our assets, including your Personal Data in connection with such a transaction or in contemplation of such a transaction such as in due diligence.
If you have a contract with us we may retain your Personal Data for as long as is necessary for the performance of that contract and to comply with our legal obligations.
Use of our Website
If you have used our Website to upload and Image, you can request us to erase your Personal Data at any time. However, in any such case we may retain some of your Personal Data as necessary for our legitimate business interests, including our corporate record-keeping. We may also retain and use your personal data to the extent necessary or desirable to enable us to comply with our legal obligations. For example, we may retain some of your personal data for tax, legal and auditing purposes.
Your right to access your Personal Data
You have the right to obtain confirmation from us if we are processing your Personal Data. Where we are processing your Personal Data, you have the right to obtain a copy of the this Personal Data from us and:
information about the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed (in particular recipients in third countries or international organisations), where possible, the envisaged period for which we will store the personal data or, if not possible, the criteria we will use to determine that period; and
any available information as to the source from which we collected the personal data, including whether it came from publicly available sources.
Rectification of Personal Data
You have the right to obtain from us without undue delay the rectification of inaccurate Personal Data concerning you.
Your right to erasure – the ‘right to be forgotten’
You have the right to obtain from us the erasure of Personal Data concerning you without undue delay if:
Your right to object to processing
You are entitled to request us cease from processing your personal data for certain specific purposes (including profiling) even where such processing is based on our legitimate interest in processing such data. If you object to such processing we will no longer process your Personal Data for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required in order for us to establish, exercise or defence legal claims.
Where we process your Personal Data for direct marketing purposes, you may at any time ask us to cease processing your personal data for such purposes. You can do this by choosing ‘unsubscribe’ in an email we have sent to you or by contacting us at the address below.
Your right to data portability
You are entitled to request copies of Personal Data that you have provided to us in a structured, commonly-used and machine-readable format and/or to request us to transmit such Personal Data to another service provider if it is technically feasible for us to do so.
Your right to raise issues
If you have any complaints about the way or ways in which we have or have not processed your Personal Data or you believe that we have not complied with your rights as a data subject, please contact us.
However, if you believe that we have not complied with your rights as a data subject, you can lodge a complaint to the supervisory authority in the country in which you live.
Your right to know about any automated decision-making
We do not use any Personal Data about you for automated decision-making, including profiling.
Collecting your IP address
We collect the IP addresses of End Users as an IP address is attached to the Image you upload.
Using your IP address
We use the IP address for troubleshooting to help solve technical problems by isolating the geographic location where the problems are occurring.
How long we keep external end user location data
We keep IP address for a maximum of 12 months in our cloud servers. We do so for the purpose of debugging and optimising search services. Our systems logs contain for each End User an IP address, device type and browser name. Because we retain our systems logs for up to 12 months, we retain a copy of this information.
Lawful basis of processing
We do not consider IP addresses used only for troubleshooting, or any other information in our systems logs, as Personal Data. But in any case we do not override the interests or fundamental rights and freedoms of the external end user that requires protection of Personal Data.
We the Delvify Group a company incorporated in Hong Kong with CI number 2358586. Our registered office and place of business is at 12019 Tower 535, 535 Jaffe Rd. Hong Kong SAR
You can contact us by writing to us at our address above or by emailing firstname.lastname@example.org
Our representative in the European Union is the European Data Protection Office, Avenue Huart Hamoir, 71, 1030 Brussels. You may also contact us through them by using the contact form on https://www.edpo.brussels/contact.
If you are our employee or a job applicant, please contact our Human Resources Department or email email@example.com and we can provide you with information about how we process Personal Data for applicants.
Note to End Users:
You agree not to use our services to:
Delvify’s website uses “cookies”, which are small text files containing a unique identifier that we, or one of our partners, or even a third-party analytics provider, transfer to your computer through the web browser you use. Cookies help us understand our visitors’ interests, so we use that information to improve our services and our website. Cookies are not linked to personally identifiable information such as your name, contact details, etc., and if you choose to reject the cookie, you can still navigate our website, but your access to some areas of our website may be limited.
Delvify uses third party software to track the performance of specific marketing campaigns and in some of our products. This is to allow third-party service providers to create tailored advertisements on our behalf across different touchpoints. Such service providers may collect your IP address and non-personally identifiable information, which does not include your personal information, contact details, etc. These cookies also provide statistical information on how our website is being used and its performance.
You can block cookies at any time by changing the setting in your internet browser and by rejecting our website cookies once you enter our website.
What types of cookies do we use ?
Essential: Some cookies are essential for you to be able to experience the full functionality of our site. They allow us to maintain user sessions and prevent any security threats. They do not collect or store any personal information.
Statistics: These cookies store information like the number of visitors to the website, the number of unique visitors, which pages of the website have been visited, the source of the visit etc. These data help us understand and analyze how well the website performs and where it needs improvement.
Marketing: Our website displays advertisements. These cookies are used to personalize the advertisements that we show to you so that they are meaningful to you. These cookies also help us keep track of the efficiency of these ad campaigns.
The information stored in these cookies may also be used by the third-party ad providers to show you ads on other websites on the browser as well.
Functional: These are the cookies that help certain non-essential functionalities on our website. These functionalities include embedding content like videos or sharing contents on the website on social media platforms.
Preferences: These cookies help us store your settings and browsing preferences like language preferences so that you have a better and efficient experience on future visits to the website.
|Cookie Domain||Cookie Name||Description||Delvify or 3rd Party||Expiry||Essential|
|doubleclick.net||_gads, DSID, FLC, AID, TAID, exchange_uid||For up to date information on Google’s cookie please refer to this link google.com/policies/technologies/types/||3rd Party||Please refer to organisations own policy for this detail google.com/policies/technologies/types/||No|
|facebook.com||fr||Facebook’s primary advertising cookie, used to deliver, measure, and improve the relevancy of ads.||3rd Party||Please refer to organisations own policy for this detail facebook.com/policies/cookies/||No
|facebook.com||oo||Used to record advertising opt outs.||3rd Party||Please refer to organisations own policy for this detail facebook.com/policies/cookies/||No
|facebook.com||ddid||Used to open a specific location in an advertiser’s app upon installation.||3rd Party||Please refer to organisations own policy for this detail facebook.com/policies/cookies/||No
|Google.com||Google Analytics _utma _utmb _utmc _utmz||These cookies enable us to store information such as the time you visit Our Site, whether you have visited before and the website that you visited prior to visiting Our Site. For more information about Google Analytics please click here.||3rd Party||How long a Google Analytics cookie remains on your computer or device depends on what it is and what it is used for. Some Google Analytics cookies expire at the end of your browser session, whilst others can remain for up to two years. You can delete Google Analytics cookies and other cookies at any time by clearing your cache.|
|Google.com||_ga||Used to distinguish users||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|Google.com||_gid||Used to distinguish users||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|Google.com||_gat||Used to throttle request rate||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|Google.com||_dc_gtm_UA-146082841-1||Used to throttle request rate||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|Google.com||AMP_TOKEN||Contains a token that can be used to retrieve a Client ID from AMP Client ID service. Other possible values indicate opt-out, inflight request or an error retrieving a Client ID from AMP Client ID Service.||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|Google.com||_gac_UA-146082841-1||Contains campaign related information for the user. If you have linked your Google Analytics and AdWords accounts, AdWords website conversion tags will read this cookie unless you opt-out.||3rd Party||Please refer to organisations own policy for this detail policies.google.com/technologies/cookies||No|
|.linkedin.com||lidc||Browser ID cookie||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|.linkedin.com||bcookie||Secure browser ID cookie||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|.linkedin.com||bscookie||Browser ID cookie||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|.linkedin.com||L1c||LinkedIn Ad Analytics||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|Ads.linkedin.com||BizolD||LinkedIn Ad Analytics||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|Ads.linkedin.com||BizoData||LinkedIn Ad Analytics||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|Ads.linkedin.com||BizoUserMatchHistory||LinkedIn Ad Analytics||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
|Ads.linkedin.com||BizoNetworkPartnerIndex||LinkedIn Ad Analytics||3rd Party||Please refer to organisations own policy for this detail linkedin.com/legal/cookie-policy||No|
How can I control the cookie preferences ?
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. To find out more out more on how to manage and delete cookies visit www.allaboutcookies.org.
You can request to see or delete your personal data at any time
You can sign into your account to update or change any personal information we have stored, such as your name, address, and email. You can also contact us by email or otherwise to request confirmation as to whether your personal information is being processed by us, access to the data, and a copy of the same. You may also request rectification of your personal information whenever it is inaccurate or incomplete, contacting us anytime via firstname.lastname@example.org or in writing. However, we must and will verify your identity using reasonable means, in order to safeguard your information. We may take up to a month to provide you with information your request or if you ask us to rectify, erase, or port personal data, or restrict or object to your data processing. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
We might share anonymized behavioural data
We generally do not share any personally-identifiable information (such as name, country, and email) with third party service providers and external websites. But we might share anonymized behavioural data.
We take detailed steps to protect personal information
We take reasonable administrative, physical and electronic measures designed to safeguard and protect your information from unauthorized access or disclosure. Without limitation, we mitigate risks for the security of processing via pseudonymization and encryption of personal information, our ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, our ability to restore the availability and access to personal information in a timely manner in the event of a physical or technical incident, and regular testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
In the case of a personal information breach, which is likely to result in a risk to your rights and freedoms, we will without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify it to the competent supervisory authority. When the personal information breach is likely to result in a high risk to your rights and freedoms, we will communicate the personal information breach to you without undue delay. In any event, we will document any personal information breaches, comprising the facts relating to the personal information breach, its effects and the remedial action taken.
Special situations may require disclosure of your data
To operate our services, we may make identifiable and anonymous information available to third parties under limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.