Yale Smart Products – Subscription Terms

Yale have made certain video and alarm monitoring services (“Subscription Services”) available to customers that use an eligible alarm and/or video Smart Product (as defined in the Product Terms). These terms and conditions (“Subscription Terms”) will govern your use of the Subscription Services. These Subscription Terms supplement the Yale Home User Terms and Yale Home Product Terms and apply to your use of the Subscription Services. All terms in the Yale Home User Terms apply to these Subscription Terms.

The Subscription Services have been made available as different plans, each priced differently and offering specific features and functionalities (“Subscription Plans”).

PLEASE READ THESE SUBSCRIPTION TERMS CAREFULLY BEFORE SUBSCRIBING TO A SUBSCRIPTION PLAN.

Capitalised terms not defined in these Subscription Terms shall have the meaning set out in the Yale Home User Terms.

BY CLICKING "I AGREE" (OR EQUIVALENT PROMPT) ON THE APP THROUGH WHICH YOU ARE SUBSCRIBING TO A SUBSCRIPTION PLAN; YOU AGREE TO BE BOUND BY THESE SUBSCRIPTION TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE" (OR EQUIVALENT PROMPT).

1. WHO WE ARE

We, ASSA ABLOY Ltd. (trading as “Yale” and forming part of the ASSA ABLOY Group of companies), are a company incorporated in England and Wales (registration number 02096505), with our address at Portobello, School Street, Willenhall, WV13 3PW ("we," "us," or "our").

2. RESTRICTIONS ON WHO MAY USE THE SUBSCRIPTION SERVICES

2.1 We only provide Subscription Services in certain countries. You can find a list of where the Subscription Services are available here (“Permitted Countries”). Unfortunately, we do not accept orders from, or provide Subscription Services to, addresses outside the Permitted Countries. You agree not to use or attempt to use any Subscription Service outside the Permitted Countries.

3. NOT FOR COMMERCIAL USE

The Subscription Services are unsuitable for use in any in any business or for any commercial purpose and should not be used on commercial premises. By agreeing to these Subscription Terms, you promise that you will only use the Subscription for non-commercial purposes in a single private or domestic setting (the “Premises”).

4. YOUR PRIVACY

We value your privacy. Under data protection legislation, we are required to provide you with certain information including who we are and how we process your personal data collected in connection with your use of the Subscription Services (as well as the Smart Products and the App). This information is provided in the Yale Home Subscription Privacy Notice, which applies in addition to the Yale Smart Products Privacy Notice, and it is important that you also read that information.

5. ADDITIONAL TERMS

5.1 These Subscription Terms apply in addition to the terms that govern your use of the App and the Smart Products, which are the:

Yale Home User Terms;
Yale Smart Products Privacy Notice and the Yale Home Subscription Privacy Notice;
Yale Smart Product Terms;
Legal Guarantees; and
Product Regulatory Documents.
In case of any conflict between the Subscription Terms and these other terms, the provisions of these Subscription Terms shall prevail solely in relation to the Subscription Plans and use of the Subscription Services. It is your responsibility to review and comply with all applicable terms related to the use of the App and the Subscription Services.

6. SUBSCRIPTION PLANS

6.1 We offer different Subscription Plans for the Subscription Services, each with varying features, services and pricing. Not all features or services will be available in all Permitted Countries. The details of the Subscription Plans that are available to you (and their pricing) are provided on the App during the sign-up process.

6.2 To subscribe to a specific Subscription Plan, you must own a relevant Smart Product compatible with that Subscription Plan. Select a Subscription Plan that you feel best suits your needs. By subscribing to a particular Subscription Plan, you agree to pay the associated subscription fee and comply with the terms and conditions specific to that plan.

7. TRIAL

7.1 We may offer trials of paid Subscriptions for a specified period without payment ("Trial"). If this is applicable to you, we will notify you as part of the sign-up process. These Subscription Terms also apply during any such Trial. Trials are subject to availability and may vary by country, billing platform or additional eligibility requirements. These will be made clear as part of the sign-up process.

7.2 If you have subscribed to a Trial, you will automatically enter into a paid Subscription Plan at the end of the Trial period. We provide notice of the terms of the Trial when you sign up and will send you an email reminder that your Trial is about to end. You can choose not to continue to a full price Subscription Plan at the end of the Trial period by cancelling through the settings within the App at any time before the end of the Trial period. If you choose to cancel during the Trial, you will not be charged and your Content will be deleted at the end of the Trial period.

8. COMMENCEMENT

8.1 We will email you to confirm we have received and have accepted your order, at which point a contract (“Subscription”) will come into existence between us. On our acceptance of your order, we will commence the Subscription Services in accordance with your chosen Subscription Plan and we will bill your payment method in accordance with Clause 13 (Payment) below.

8.2 By agreeing to these Subscription Terms, you expressly request that we commence the provision of the Subscription Service as soon as possible, whether or not this is before the end of any cooling off period you have under Clause 8, and that you must pay us for the Subscription Services provided up until the time you tell us that you have changed your mind.

8.3 Sometimes we reject orders for legitimate reasons such as where we have identified an obvious error in the price of the Subscription Plans or that you are not eligible for the Services. When this happens, we let you know as soon as possible and refund any sums you have paid.

9. COOLING OFF PERIOD

You have 14 days from the date we email you to confirm we accept your order to cancel your Subscription. If you cancel your Subscription after we have started the Subscription Services further to your express request to do so, you must pay us for the Subscription Services provided up until the time you tell us that you have changed your mind. You can use the Model Cancellation Form at Appendix 1 when you notify us that you would like to cancel but this is not a requirement. You can also cancel after the cooling off period, as described in Clause 16.

10. SUBSCRIPTION PERIOD

The duration of your subscription period (“Subscription Period”) is as specified in your selected Subscription Plan (and may be monthly or annual or as otherwise specified). Unless cancelled by you or us or suspended by us, your Subscription will automatically renew at the end of each Subscription Period.

11. USE OF THE SUBSCRIPTION SERVICES

During the Subscription Period, you will have access to the Subscription Services in accordance with the features and functionalities included in your chosen Subscription Plan. You agree not to use the Subscription Services to reproduce, distribute, modify, or create derivative works based on the Subscription Services without our prior written consent.

12. SUBSCRIPTION SERVICE SPECIFIC TERMS

12.1 Cloud Storage

a. If your Subscription Plan includes the Cloud Storage feature then your Smart Product may transfer its Content to a cloud server (“Cloud Recordings”).

b. The Cloud Storage feature can store up to thirty days of Cloud Recordings. If you exceed this thirty-day limit, then the oldest clips will be deleted first. You agree that we may delete the Cloud Recordings when (i) you exceed your storage quota; or (ii) you are no longer subscribing to a Subscription Plan that includes this feature, and we shall have no responsibility for any loss of data.

c. You give us the right to access and use your Cloud Recordings for the limited purposes of providing Subscription Services to you in accordance with these Subscription Terms. You also acknowledge that we may disclose your Cloud Recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith reason to believe that such access, use, preservation or disclosure is reasonably necessary to:

i. comply with a legal process or request;

ii. enforce these Subscription Terms, including investigation of any potential violation of them;

iii. detect, prevent or otherwise address security, fraud or technical issues; or

iv. protect the rights, property or safety of Yale, its users, a third party, or the public as required or permitted by law.

d. Yale also reserves the right, but shall not be obligated, to remove any Cloud Recordings from our servers for these purposes at any time.

12.2 Advance AI

a. If your Subscription Plan includes the Advance AI features, then your Smart Product will utilise artificial intelligence algorithms to identify and categorise items such as pets, packages and vehicles that are visible within a camera feed and you can adjust the items to record and/or be notified of all or some of these events.

b. Please note that there are inherent limitations in the Smart Product technology and the artificial intelligence algorithms which means that the Advance AI will not always capture these items. Such events can include environmental conditions, light visibility, object variability, programming limitations etc.

c. By using the Advanced AI feature you acknowledge that the Advanced AI feature should not be used for any situation where precision or accuracy of identification is important and that we will not be responsible for any inaccuracies or misidentifications caused from use of this technology.

12.3 4G Sim Card

a. If your Subscription Plan includes the Sim Back Up feature, then your Smart Product may connect to the internet through the 4G network when your Wi-Fi connection is inactive.

b. Mobile network coverage and performance is subject to a number of external factors that may affect the signal strength such as network congestion, weather, and location. We do not guarantee a specific level of performance or connectivity through the use of this feature.

c. Please contact us if your Sim Back Up feature is inactive for a prolonged period of time.

12.4 Automated Call Alert

a. If your Subscription Plan includes the Automated Call Alert feature, on receipt of an alarm event from the Smart Product, the person(s) listed by you as “Emergency Contact(s)” for the Premises shall receive an automated call to inform them of the alarm event.

b. You must obtain the permission of any individuals whom you add to your Subscription Plan as Emergency Contacts (prior to adding their details) and keep their details up to date in the App.

c. You acknowledge that Yale is not responsible for a Emergency Contact not receiving a call due to their phone being unavailable due to being in use, switched off, in an area with poor network coverage, your provision of inaccurate details or any other reason.

12.5 Professional Monitoring

a. If you are in the UK and your Subscription Plan includes the Professional Monitoring Feature then upon an alarm event taking place, personnel within our monitoring centre (“Monitoring Personnel”) will check the alarm status and all video monitoring Smart Products within the Premises. You agree that the Monitoring Personnel may make use of the Content (real-time or recorded) provided through the Smart Products to verify the nature of any alarm event.

b. Should our Monitoring Personnel spot signs of illegal activity or intrusion they will contact law enforcement authorities. Once they have contacted law enforcement or if they are unable to determine the cause of the alarm they will contact the Emergency Contacts (in the order of priority you have set up) to determine the next step. The Monitoring Personnel shall have no obligation to contact law enforcement until they have reason to believe that illegal activity is taking place on the Premises.

c. On contacting an Emergency Contact, and the Emergency Contact providing the security keyword, the Monitoring Personnel will inform the Emergency Contact of the situation. You must keep and (procure that your Emergency Contacts keep) the security keyword for your User Account confidential. You acknowledge that Yale will not provide the details of any security event or take instructions from any person that is unable to provide the security keyword.

d. You acknowledge that Yale has no liability to you for any loss or damage resulting from the Monitoring Personnel:

i. being unable to receive a signal from the Premises (other than through a technical error caused by Yale);

ii. being unable to contact an Emergency Contact (upon dialling the number provided by you); or

iii. following the instructions of an Emergency Contact who has provided the security key word.

e. Where the Monitoring Personnel are unable to verify the nature of the alarm event, they may offer to send a mobile response officer to the Premises to verify the nature of the event. The mobile response officer will check for signs of illegal/suspicious activity and shall notify the Monitoring Personnel accordingly. Please note that the mobile response officer will simply assess the situation From outside the Premises. They cannot enter the Premises and will not apprehend or confront any person should they come across an active suspected criminal situation.

f. We reserve the right to withdraw, suspend or charge for the provision of a mobile response unit where we believe it is being used excessively (i.e. more than three call outs in a six-month period)

g. The Professional Monitoring Feature is intended to assist you and any permitted Monitoring Personnel to verify an alarm event at the Premises. The feature will not reduce or eliminate any risk of loss. The feature does not replace the necessity of a working alarm system, will not detect or prevent all unauthorised intrusions onto the Premises, and should not be relied on to detect other emergency conditions, such as fire, smoke, carbon monoxide, medical emergencies or water damage.

13. SUBSCRIPTION FEES

Each Subscription Plan has associated fees, which are communicated to you during the sign-up process. The fees may vary depending on the chosen Subscription Plan and any applicable additional services.

14. PAYMENT

14.1 During the sign-up process you will provide us with a current and valid method of payment accepted by us or any third-party payment processor we use (“Payment Method”) and you will keep the Payment Method updated during the Subscription Period.

14.2 By subscribing to a Subscription Plan, you authorise us to charge the applicable Subscription fees to the Payment Method in advance for the entire Subscription Period (after any Trial period) on a recurring basis until the Subscription is cancelled. You agree to ensure sufficient funds are available to cover the Subscription fees. Unless otherwise specified by us or required by law, all fees are non-refundable.

15. VOUCHER CODES

15.1 Yale may provide you with a voucher code. You can apply this voucher code during sign-up or directly in your User Account after sign-up. These Subscription Terms also apply when using any such voucher code.

15.2 The voucher code may only be used once by you prior to its expiration date. Voucher codes which are not redeemed during the respective voucher period will expire without any compensation to you. If a technical error in the App prevents the redemption of the voucher code by you during the respective voucher period, please contact Customer Support and we will provide you with a replacement code.

16. YOUR RIGHT OF CANCELLATION

You may cancel your Subscription at any time through the settings within the App. The cancellation will be effective at the end of your current Subscription Period, and you will not be charged for any subsequent terms. You will retain access to the Subscription Services from the time you cancel until the start of the next Subscription Period and, unless we specify otherwise, you will not receive a refund or credit for any remaining days in your current Subscription Period.

17. OUR RIGHT OF CANCELLATION

We may cancel your Subscription or suspend your access to the Subscription Services at any time if you (i) violate these Subscription Terms, (ii) fail to make the required payments, (iii) within a reasonable time of us asking for it, fail to provide us with information, cooperation or access that we need to provide the Subscription Services, (iv) the Smart Product excessively signals the monitoring centre without apparent reason or otherwise (in the reasonable opinion of Monitoring Personnel) becomes a technically difficult account to service, or (v) engage in any fraudulent, abusive, or illegal activities related to the Subscription Service. Other than in the case of (v), we will give you reasonable notice before cancelling your Subscription or suspending your access to the Subscription Services. Unless we cancel the Subscription in accordance with (iii) or (iv), we will not provide any refunds for unused portions of your Subscription Period, unless required by law.

18. AFTER CANCELLATION

Upon cancellation (by you) of your Subscription, you will retain access to the Subscription Services from the time you cancel until the start of the next Subscription Period. We are not liable for any loss of data or Content resulting from the cancellation of your Subscription. Please ensure you download any Content from your Account which you wish to keep before your cancellation takes effect.

19. CHANGES

19.1 We reserve the right to modify or update the Subscription Terms and/or the features and pricing of each Subscription Plan at any time. We may need to change these Subscription Terms and Subscription Plans to reflect changes in law or best practice, because of changes or restrictions caused by third parties who we rely on to provide the Subscription Services, or to deal with additional features or new products which we introduce.

19.2 We will give you at least thirty (30) days' notice of any changes by sending you an email with details of the change and/or notifying you of a change via your User Account. When giving you notice of the changes, we will tell you what you can do if you do not accept the changes, including how to exercise your right to end this agreement between us for use of the Subscription Services.

19.3 If you do not wish to accept these changes you may cancel your Subscription before they take effect. If you do not cancel your Subscription before the effective date of the modified Subscription Terms, you agree to be bound by the updated Subscription Terms. We will refund any sums you've paid in advance for Subscription Services which won't be provided.

20. GENERAL TERMS

20.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Subscription Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the Subscription. If you wish to do so, you can cancel your Subscription in accordance with Clause 14.

20.2 You cannot transfer your Subscription to a new owner. The new owner will have to register for a separate user account in order to use the Subscription Services.

20.3 Even if we delay in enforcing these Subscription Terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later, provided that we are allowed to do so under applicable law.

20.4 If a court invalidates some of these Subscription Terms, the rest of them will still apply. If a court or other authority decides that some of these Subscription Terms are unlawful, the rest will continue to apply.

20.5 Which laws apply to these Subscription Terms and where you may bring legal proceedings. These Subscription Terms are governed by the laws of the country where you live and you can bring legal proceedings in the courts of the country where you live.

If you have a problem, we encourage you to contact Customer Support in the first instance using the contact details available at https://www.yalehome.com/support. Depending where you live, you may also be able to resolve your complaint via a local consumer dispute resolution mechanism. Please visit https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en for more information.

Additionally, if you live in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.

Version 1.0 December 2023

Yale Home Subscription - Privacy Notice – English

This notice covers the Yale Home Subscription (“Subscription”) provided within the European region.

The Subscription provides additional functionality for products used through the Yale Home App. For more details about how Yale processes personal data as part of the Yale Home App please view the Yale Smart Products Privacy Notice available here.

We are committed to protecting your personal data when you use the Subscription. The purpose of this Privacy Notice is to describe how we collect and process the personal data that we receive in connection with your use of the Subscription, as follows:

What personal data we may collect
How and why we use your personal data
Who and where is your personal data transferred to
How long will we store your personal data
Your rights
How we can make changes to this notice
Contact us

Security & Risk Communications Limited (trading as Yale), registration number 417550, of Parkway Business Centre, Ballymount, Dublin 24, is the “data controller” for the purposes of providing the Subscription. Security & Risk Communications Ltd is part of the ASSA ABLOY Group of companies.

For other related processing activities which are not relating to the operation and management of the Subscription, but are related to your use of the Yale smart products, such as when you contact customer support, the ASSA ABLOY entity (trading as Yale) in your country will be the "data controller" responsible for the processing of your personal data. For details for this entity, please select your country on this link and view the privacy notice for your country’s Yale website, which will be available at the bottom of the page.

What personal data we may collect

Personal data we require for use of the Subscription

When you purchase a Subscription, we collect and store the following:

Your name
Payment card details, which are securely collected and stored by our third-party payment provider on behalf of Yale
Billing email address
The country in which the associated product(s) are used
Depending on the level of subscription you purchase, we may also collect and store:

Alternative contacts name and telephone number – People who you’d want us to contact in case of an emergency when you, as the primary contact, cannot be contacted
The address at which the associated product(s) are used – so a security guard or the police can be dispatched to the property in case of an emergency
Additional details which would assist a security guard if they were dispatched to the property in case of an emergency, such as entry codes to gates at the property boundary

Alternative contacts

When providing names and telephone numbers for alternative contacts, you must first have informed them you will provide their data to Yale and obtain their permission. You must also make them aware of this privacy notice and that their personal data will be processed in accordance with this privacy notice. If an alternative contact withdraws their permission for their data to be used in this way, you must immediately remove their details via the Yale Home App.

Personal data collected or processed based on your use of the Services

Cameras
If you use Yale cameras, you can purchase a Subscription which allows you to store recordings in the Yale cloud. This allows you to store recordings for longer than if they were only stored on the IP camera itself. The period of time the recordings are stored for will depend on which Subscription package you select.

You are always in control of who can see your recordings. In order for someone other than you to access and view your recordings, you must provide your permission, such as by providing access to an Invitee or to a third party via the ‘works with’ functionality. If you have professional monitoring included in your Subscription, Yale professional monitoring operators will be able to view limited recordings in the event of a suspected emergency. For more information, see the “Professional monitoring” section below.

We take the security of our customer’s recordings very seriously and use a range of measures to keep recordings safe, such as encrypting the recordings when they are stored and transmitted as well as using a two-step verification process when a new device is used to sign in to an account to view recordings.

A Subscription also provides access to additional camera intelligence functionality, such as detection of pets, vehicles and parcels. These detection features do not recognize individuals or specific vehicles, and as such Yale does not process personal data in order to provide these features.

In many countries there are data protection laws, such as the General Data Protection Regulation (GDPR), which may apply to your use of our IP Camera products. It is your responsibility to make sure your use of our products complies with relevant data protection laws. As an example, you should consider displaying a notice to inform visitors to your property that you are capturing visual and audio recordings, and make use of the ‘privacy zone’ feature to help you avoid capturing images of neighbouring properties or public places. You should also consider when and with whom you share recordings, and where they are shared. For example, posting a recording on social media may affect the privacy rights of individuals captured within the recording. If you are unsure whether your intended use of a camera complies with data protection laws in your country, you should refer to the data protection authority for your country. Details of data protection authorities can be found in the ‘Your rights’ section below.

24/7 Monitoring

If you purchase a Subscription which includes 24/7 monitoring, recordings from your cameras will be available to be viewed in the event of an emergency by our professional monitoring operators so they can assess whether it is a true emergency or a false alarm, to then take the appropriate action, such as call the police.

In the event of an emergency, the images for all cameras which you have registered to the relevant property on Yale Home will be available to the professional monitoring operator to view. The operator will only be able to temporarily view the images to assess whether there is a true emergency or a false alarm. The images will not be further accessed or viewed by Yale once this assessment is made at the time of the event.

How and why we use your personal data?

Why do we process this personal data?

To provide you with the service you request when you subscribe. This may include identifying/authenticating you when you use the Yale Home App, providing any Subscription features and functionality in a Yale Home App and the products that you elect to use, maintenance which includes software updates, and communicating with you specific to the Services.

To comply with legal requirements to which we are subject, such as tax, accounting/financial reporting requirements, mandatory disclosures and/or law enforcement.

What is the legal basis for such processing?

Using your personal data in this way is necessary for us to respond to your request. We are performing our obligations under the agreement we have with you to provide the services you have requested. We are unable to provide the services without processing your personal data.

Using your personal data in this way is necessary for us to comply with our legal obligations.

Who and where is your personal data transferred to?

We will transfer personal data for the purposes set out in the section entitled “How and why we use your personal data”;

To other organisations in the ASSA ABLOY Group, whether or not going to market as ASSA ABLOY, that market, sell and support our solutions in your country. This includes ASSA ABLOY Ltd if you live in the UK and ASSA ABLOY Nederland BV if you live elsewhere, which provide payment and administrative support for the Subscription.
To third parties who provide services connected to the product or its functions, but only to the extent necessary to provide these services, for example, to Amazon Web Services who may store your personal data on our behalf or third-party payment providers which manage and collect your Subscription payments on our behalf.
With third parties that provide support services for some existing Yale Home products and Services, such as for customer support purposes.
To third party security partners, which support us to provide 24/7 monitoring of your property, if you have selected this option as part of your Subscription.
When required by law, including to government agencies and institutions, where legally required.
To a buyer or a potential future buyer of our business. We do not sell or rent your personal data to third parties.

Some recipients are located in countries outside the EU/European Economic Area (EEA). As in some cases these countries have a lower level of protection than that within the EU/EEA, when transferring personal data to countries outside the EU/EEA we use standard contractual clauses approved by the European Commission and the Information Commissioner’s Office to ensure a sufficient level of protection for your personal data. You can obtain a copy by getting in touch using the details in the ‘Contact us’ section below.

We take measures to protect all personal data transferred to a third party, or to other countries, in accordance with applicable data protection laws.

How long will we store your personal data?

In relation to the personal data that we hold about you, you have the right to:

Request a copy of your personal data from our records;
Ask that we correct or erase your personal data (though this may mean that we cannot process requests, or that your account expires);
Ask us to stop processing your personal data (for example as regards the use of the data to improve our product);
Ask us to restrict how we process your personal data (for example if you deem the data to be incorrect);
Request the personal data used to provide you with information you requested or manage your account or our relationship, in a machine-readable format, which you are entitled to transfer to another data controller; and
Withdraw your consent where you have consented to us processing your data at any time.
We may not accept a request to erase your personal data where we require it to comply with a legal obligation or in relation to a legal claim.

How can we make changes to this privacy notice?

We may update this privacy notice from time to time in response to changing legal, regulatory or operational requirements. If we make any material changes to this Privacy Notice, we will notify you by placing a prominent notice on our website or in the app.