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.

From time to time we may use cookies. By using our site, you are agreeing to these Terms and consent to our cookies policy in accordance with our Privacy Policy terms set below.

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

” Personal Data” means any data or combination of information we have access to that allows us to identify a specific individual.

Data Subject
A “Data Subject” is an individual who can be identified from personal data.

End User
“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.

Product Images

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.

1. Contact information such as your name, company name, job title, work email address, personal email address, work phone number, home phone number and mobile phone number or publicly available information such as in your LinkedIn profile.
2. Information about our business relationship with you.
3. Payment information, including payment card details if you choose to use a payment card to pay for the services you acquire from us
4. Transaction information about how you interact with us, including online or email enquiries, account information and information about how you use our website and/or any dashboard that we make available to you.
5. We may incidentally capture your face or other similar information but it is not for the purpose of identifying you as an individual, but for the purpose of identifying a face as opposed to an actual product such as a shirt or blouse.  This data is for our legitimate interests and that even as we collect this data, we do not override the interests or fundamental rights and freedoms of the individual in the image that requires protection.
   
   

Why we process Personal Data in Product Images.

1. To match the images to similar images in our or our customer’s databases.
2. To annotate or tag images on behalf of a business.
3. To use the images to improve and train our predictive models which is an essential task in developing and continuously improving our services.
4. To allow our models to search for visually similar products or items requested by the End User.
   
   

Who sees the Product Images or SMART Vision Images?

1. End Users who search for a product.
2. Businesses that use our tagging and annotation service.
   
   
   

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:

1. trade shows or other industry events where information is publicly available or there is a reasonable assumption that it may become available;
2. if you make enquiries about our services and pricing through an email or via our website;
3. during the course of a business relationship;
4. during a website visit.  We use cookies to collect information about your computer or other electronic device when accessing our website.  We treat this information as Personal Data when it is associated with your name and/or contact information and we are therefore able to identify you.  Otherwise, we do not treat the information provided to us by cookies as Personal Data.  For more information about cookies, please refer to our Cookies Policy.
   
   
   

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:

1. fulfil service delivery, customer service, account and relationship management, support and training;
2. send you marketing communications, including offers targeted based on your interests, business characteristics and location;
3. contact you with training or promotional offers or information that may interest you;
4. to determine if you and/or your company are eligible for certain services or offers;
5. to manage a business relationship including delivering our services, processing payments, carrying out product research and development, preventing fraud and maintaining the security of our systems and processes.
   
   
   

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:

1. to perform product development, maintenance and debugging
2. to provide customer service, advertising or payments services
3. to host our IT systems

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.

Related Entities
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 this happens, we will use commercially reasonable attempts to notify you before your personal data is transferred and becomes subject to the privacy policy of the transferee.

Contractual Relationships

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:

1. the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
2. you object to us processing the personal on the grounds of our legitimate interests and we do not have overriding legitimate Personal Data for the processing
3. the Personal Data have been unlawfully processed or
4. the Personal Data have to be erased for compliance with an obligation under European Union or Member State law to which we are subject
5. Your right to restriction of processing
6. You have the right to obtain from us restriction of processing of Personal Data concerning you where one of the following applies:
7. you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data
8. the processing is unlawful and you oppose the erasure of the Personal Data and request the restriction of their use instead
9. we no longer need the Personal Data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims
10. you have objected to processing, pending the verification whether our legitimate grounds of processing override your legitimate interests.
    
    
    

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.

IP Addresses

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 info@delvify.ai

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 careers@delvify.ai and we can provide you with information about how we process Personal Data for applicants.

Note to End Users:

1. You shall be solely responsible for all images you transmit to us when you choose to user our tools
2. We shall not be liable for the lawfulness, accuracy, integrity or quality of such images. Under no circumstances shall we or our officers, agents, employees, licensors, users, suppliers, holding companies, subsidiaries, affiliates or related companies be liable in any way for any image, including but not limited to any exposure to offensive, indecent or objectionable images, any errors or omissions in any images, or any loss or damage of any kind suffered by you as a result of the receipt, storage or processing or use of any images you send to us.
3. In the event any loss, expense or cost is suffered or incurred by us arising from or in connection with you transmitting an image to us when you choose to use our services you will indemnify us for such loss, expense or cost.

You agree not to use our services to:

1. upload any image that is unlawful under the laws applicable to our visual search and recognition service, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
2. harm minors in any way;
3. upload any image that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships;
4. upload any image that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. upload any image that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. engage in unlawful activity or intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange of any jurisdiction; and
7. contribute any illegal or unethical or abusive content or use our visual search and recognition service for any abusive or illegal activity.
8. We may, but are under no obligation to, review all images and remove or block access to them if we think that they fail to comply with any one or more of the above prohibitions.
9. We shall in no way be liable for:
10. any aspects of the results that we return to you, including but not limited to, their accuracy, the description of goods and their conformity with that description, product liability, the quality of goods, intellectual property rights, safety, support, service, content and charges;
11. the accuracy and completeness of the search results, which we do not guarantee and/or
12. any consequences of your use of our visual search and recognition service, including your decision whether or not to proceed with a purchase based on the search results, that decision being at your sole discretion.
13. These Terms of Use, the services we provide and any dispute arising out of or in relation to the use of the visual search and recognition service, shall be governed and construed in accordance with the laws of Hong Kong, regardless of your country of origin or where you access the visual search and recognition service and without giving effect to any conflicts of law principles that would result in the application of the laws of a jurisdiction other than Hong Kong.

Cookies

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.

We use cookies to identify your browser, track your journey on our website, track the point of entry to a registration form, such as a blog or newsletter subscription, or a mailing campaign, to understand and measure the success of a certain marketing campaign, for instance.

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.