Terms of Service Agreement of Good Earth Lighting

Welcome to Good Earth Lighting

Before accepting this Terms of Service Agreement (this “Agreement”), you must read all contents of this Agreement, and fully understand and know its terms, especially the restrictive clauses or exceptions. Restrictive clauses or exceptions may be bold or highlighted in other forms to catch your attention. In case of any doubt of the terms of this Agreement, please contact relevant business department of Good Earth Lighting. You are not allowed to use the service Good Earth Mobile Application (the “service”) before you have read and accepted all terms of this Agreement, relevant agreements and rules, etc. Once you select "agree and submit this Agreement" (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restrictions and terms of this Agreement and rules above. In case of any breach of this Agreement, Good Earth Lighting has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.

This Agreement is signed by you and Good Earth Lighting. It includes (but not limited to) Good Earth Lighting Privacy Policy and other contents. In case of change, Good Earth Lighting will announce by means of the licensed software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to this Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop use of Good Earth Lighting's service; if you keep using it, it will deemed as that you hold no objections against the changed rules and agree to abide by them.

I. Definitions of Terms

1.1 Licensed software refers to software system developed by Good Earth Lighting, downloaded and installed and applied in specified system mobile terminals.

1.2 Services refer to services provided for you by Good Earth Lighting and its suppliers, including the licensed software. You can use such services on the mobile terminal with the licensed software.

II. Service

2.1 Good Earth Lighting offers you intelligent life equipment management services, based on which you can access the intelligent terminals on Good Earth Lighting’s and its suppliers' smart platform through the Good Earth Lighting Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended due to regular and irregular maintenance.

III. Scope of Service

3.1 Good Earth Lighting grants you with the right to use the product based on the licensed software.

3.2 You are prohibited to license, sell, lease, transfer, issue the product, services, or licensed software, in any form, or use the product for other commercial purpose. Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.

3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited without the prior written authorization and permission from Good Earth Lighting.

3.4 Good Earth Lighting and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to this Agreement.

3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data and shall back up data and information from time to time. You shall bear all risks for damage, inaccuracy, and loss of such information.

3.6 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify Good Earth Lighting in time, and Good Earth Lighting will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.  For the avoidance of doubt, you hereby release Good Earth Lighting from any liability or obligation with respect or related to the security of your account number and password.

IV. A Third Party

4.1 You acknowledge that certain service of Good Earth Lighting and its suppliers is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.

4.2 The product includes certain information and services of the third party. Good Earth Lighting and its suppliers neither controls nor bears responsibility for information and services of the third party.

4.3 You acknowledge that Good Earth Lighting and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.  You acknowledge and agree that the product and services are delivered to you “as-is” “where is” without any warranty.

V. Service Application Standard

5.1 You shall use the licensed software in a normal manner as intended and specified by Good Earth Lighting. The following ways are in breach of the application standard:

1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data.

2) Collect information or data of other users without authorization, for example, email address and the like.

3) Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.

4) Attempt to visit server data or communication data of the product without authorization.

5) Interfere with or damage the production application by other users.

5.2 You understand and agree that:

1) Good Earth Lighting will determine whether or not you are involved in violation of standards above and suspend or terminate your application license according to determination results or take other restrictions according to agreements.

2) Good Earth Lighting will directly delete information in breach of laws, or infringing others' legal rights, or in breach of this Agreement issued by you when using the licensed software.

3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect, hold harmless, and indemnify Good Earth Lighting from all losses, damages, and additional expenses generated therefrom. Otherwise, Good Earth Lighting has the right to claim compensation.

4) If Good Earth Lighting and its suppliers suffers from any loss due to your breach of relevant laws or this Agreement, you shall compensate Good Earth Lighting and its suppliers for losses, damages, and expenses generated therefrom.

VI. Information Content Standard

6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):

6.1.1 Uploading, transferring or sharing information containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.

VII. Private Policy and Data

7.1 It is crucial for Good Earth Lighting to protect your personal information. Good Earth Lighting has prepared the Good Earth Lighting Privacy Policy, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read Good Earth Lighting Privacy Policy.

VIII. Exception Clauses

8.1 Unless otherwise specified in laws and regulations, Good Earth Lighting is under no obligation to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved. 

8.2 You understand that Good Earth Lighting will not assume responsibility for direct or indirect losses or damages caused by force majeure and default of a third party or otherwise related to the services. 

8.3 You shall be responsible for personal injury or incidental or indirect injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software, the service, or the product; 3) Your misunderstanding of the licensed software, the service, or the product; 4) Other losses related to licensed software, the service, or the product caused by reasons other than the willful misconduct Good Earth Lighting. 

8.4 Any other licensed software-derived software not developed and released by Good Earth Lighting or the development and release are not granted by Good Earth Lighting is illegal software. Downloading, installing and using such software may cause unpredictable risks. Good Earth Lighting shall be free from legal responsibilities and disputes generated therein and Good Earth Lighting shall have the right to suspend or terminate application license and/or other all services. 

8.5 You have been informed of that the usage of Good Earth Lighting and its supplier's smart platform involves in Internet service, which may be affected by unstable factors in all links. Although Good Earth Lighting has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to this Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that Good Earth Lighting  is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.

IX. Agreement Termination and Breach of Agreement

9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to this Agreement when using Good Earth Lighting 's services. Good Earth Lighting will terminate the application license and this Agreement if you are in breach of this Agreement.

9.2 Your application of the software relies on supporting services supplied by Good Earth Lighting 's related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of Good Earth Lighting and its related companies may cause failure in normal usage of licensed software, in which case, Good Earth Lighting shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by Good Earth Lighting as agreed in this Agreement, including suspension or termination of your application license.

9.3 In case of your breach of this Agreement or other agreements signed with Good Earth Lighting, Good Earth Lighting and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.

9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of this Agreement and Good Earth Lighting and its supplier's treatment is required, Good Earth Lighting may terminate your application license at the third party's request.

9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.

9.6 You must bear all compensation responsibilities if Good Earth Lighting and other users suffer from losses caused by your breach of terms in this Agreement.

X. Governing Laws and Severability

10.1 Effectiveness, explanation, change, execution and dispute settlement of this Agreement are subject to laws of the State of Illinois, United States of America.

10.2 Dispute arising from or in connection with this Agreement may be settled by you and Good Earth Lighting through friendly negotiation or submitted to a state or federal court located in Cook County, Illinois.

10.3 When any term of this Agreement is invalidated by a court of competent jurisdiction, it will not influence the effectiveness of other terms or any part thereof, and you and Good Earth Lighting shall perform the valid terms in good faith.

10.4 This Agreement is signed in 1400 East Business Center Dr., Mt. Prospect, IL 60056.

Good Earth Lighting Mobile Privacy Policy

Effective Date: June 1, 2020
Updated: June 1, 2020
Good Earth Lighting and subsidiaries (“we”, “us”, “our”, “Good Earth Lighting”) are committed to protecting your privacy. This Privacy Policy (this “Privacy Policy”) describes our practices in connection with information privacy on Personal Data we process through your individual use of the following services, products, and related mobile applications (collectively, the “Products”):

  • Good Earth Mobile Application

Our collection, use, sharing and processing of Personal Data is also subject to the Service Agreement for our services located at Goodearthlighting.com            (“Terms of Service”).
To the extent required under applicable laws, for purposes of this Privacy Policy, we process your Personal Data as a “controller” under certain data protection laws, including, without limitation, the European Data Protection Regulation (“GDPR”).
ALL USE OF OUR SERVICES AND THE PRODUCTS IS GOVERNED BY POLICY AND THE TERMS OF SERVICE AS WE MAY UPDATE OR MODIFY THEM FROM TIME TO TIME IN OUR DISCRETION.  
PLEASE READ THIS PRIVACY POLICY CAREFULLY to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services and the Products.
BY ACCESSING OR USING OUR SERVICES or the Products, on behalf of yourself and/or your company or organization, you agree and consent to our practices, as described in this Privacy Policy, regarding the collection, use, processing and disclosure of your Personal Data. You are also agreeing to comply with the requirements contained herein.
This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes.  It is your responsibility to periodically check for updates.
In this Privacy Policy, “Personal Data” means information that can be used to identify an individual, either from that information alone, or from that information and other information we have access to about that individual. “Smart Devices” refers to those nonstandard computing devices produced or manufactured by hardware manufacturers, with human-machine interface and the ability to transmit data that connect wirelessly to a network, including: smart home appliances, smart wearable devices, smart air cleaning devices, etc. “Apps” refers to those mobile applications developed by Good Earth Lighting that provide end users remote control to Smart Devices and with the ability to connect to the supplier IoT Platform.
For other branded mobile applications powered by Good Earth Lighting, our Clients control all the Personal Data collected through our Products. We collect the information under the direction of our Clients and the processing of such information shall be limited to the purpose of providing the service for which our Clients has engaged us. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly.
What Personal Data do we collect?
In order to provide our services to you, we will ask you to provide necessary Personal Data that is required to provide those services. If you do not provide your Personal Data, we may not be able to provide you with our products or services.

  • Information You Voluntarily Provide Us
  • Account or Profile Data: When you register an account with us, we may collect your name and contact details, such as your email address, phone number, username, and login credentials. During your interaction with our Products, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account.
  • Feedback: When using feedback and suggestion features in our Products, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.
  • Information We Collect Automatically
  • Device Information: When you interact with our Product, we automatically collect device information, such as the MAC address of your devices, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.
  • Usage Data: During your interaction with our Sites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Sites and Services.
  • Log Information: When you use our app, the system and exception log may be uploaded.
  • Location Information: We may collect information about your real-time precise or non-precise geo-location when you use our specific Products or Services, such as Good Earth Mobile App.
  • Smart Devices Related Information:
  • Basic Information of Smart Devices: When you connect your Smart Devices with our Products or Services, we may collect basic information about your Smart Devices such as device name, device ID, online status, activation time, firmware version, and upgrade information.
  • Information Reported by Smart Devices: Depending on the different Smart Devices you elect to connect with our Products or Services, we may collect different information reported by your Smart Devices.

Purposes and legal basis for processing Personal Data
The purpose for which we may process information about you are as follows:

  • Provide You Services: We process your account and profile data, device information, usage data, location information, and Smart Device related information to provide you with our Products and Services that you have requested or purchased. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
  • Improve Our Services: We process your device information, usage data, location information and Smart Device related information to ensure the functions and safety of our Products, to develop and improve our Products and Services, to analyze the efficiency of our operations, and to prevent and trace fraudulent or inappropriate usage. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
  • Non-marketing Communication: We process your Personal Data to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
  • Marketing Communication: We may process your Personal Data to provide marketing and promotional materials to you on our Products and Services. If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications of that nature. The legal basis for this processing is your consent. Additionally, if you consent to participate in our lottery, contest or other promotions, we may use your Personal Data to manage such activities.
  • Personalization: We may process your account and profile data, usage data, device information to personalize product design and to provide you with services tailored for you, such as recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of our Products. The legal basis for this processing is your consent.
  • Legal Compliance: We may process your Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Who do we share Personal Data with?
At Good Earth Lighting, we only share Personal Data in ways that we tell you about. We may share your Personal Data with the following recipients:

  • To our third-party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable them to provide services to us.
  • To our customers and other business partners who provide you, directly or indirectly, with your Smart Devices, and/or networks and systems through which you access and use our Sites and Services.
  • To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on our website of any change in ownership, incompatible new uses of your Personal Data, and choices you may have regarding your Personal Data.
  • As we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • To subsidiaries or affiliates within our corporate family, to carry out regular business activities.

Except for the third parties described above, to third parties only with your consent.
International Transfer of Information Collected
To facilitate our operation, we may transfer, store and process your Personal Data in jurisdictions other than where you live. Laws in these countries may differ from the laws applicable to your country of residence.
Your Rights Relating to Your Personal Data
We respect your rights and control over your Personal Data. You may exercise any of the following rights:
Via the “Profile – Personal Center” in our Products
You do not have to pay a fee and we will aim to respond you within 30 days. If you decide to email us, in your request, please make clear what information you would like to have changed, whether you would like to have your Personal Data deleted from our database or otherwise let us know what limitations you would like to put on our use of your Personal Data. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.
You may:

  • Request access to the Personal Data that we process about you;
  • Request that we correct inaccurate or incomplete Personal Data about you;
  • Request deletion of Personal Data about you;
  • Request restrictions, temporarily or permanently, on our processing of some or all Personal Data about you;
  • Request transfer of Personal Data to you or a third party where we process the data based on your consent or a contract with you, and where our processing is automated; and
  • Opt-out or object to our use of Personal Data about you where our use is based on your consent or our legitimate interests.

Security
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. Good Earth Lighting provides various security strategies to effectively ensure data security of user and device. As for device access, Good Earth Lighting proprietary algorithms are employed to ensure data isolation, access authentication, applying for authorization. As for data communication, communication using security algorithms and transmission encryption protocols and commercial level information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing security@goodearthlighting.com

The information that we collect from you may be transferred to, and stored at, a destination outside of your country of domicile. It may also be processed by employees, subcontractors and sub-processors (“Our Providers”) operating outside of your country of domicile who work for us, or on our behalf. Our Providers may be engaged in, among other things, the fulfilment of any requests and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. We take steps we believe reasonably necessary so that your Personal Data is treated securely and in accordance with this Privacy Policy.
Your Personal Data is currently processed and stored in the United States. 
Please note, not all countries provide the same level of data protection.  In this event, we will ensure that the recipient of your Personal Data offers an adequate level of protection in the country in which it is processed.
Data Retention
We process your Personal Data for the minimum period necessary for the purposes set out in this Privacy Policy, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your Personal Data, and after the retention period ends, we will destruct your Personal Data. When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your Personal Data.  
Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (send to the e-mail address specified in your account) or by means of a notice in the mobile applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Your Rights
You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws, these rights may include:

  • Right to Access.  Making a request (sometimes referred to as a “data subject access request) to access your Personal Data at any time. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Right to Correct or Rectify.  Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
  • Right to Erase/Delete.  Request erasure/deletion/removal of your Personal Data. This enables you to ask us to delete or remove your Personal Data where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Right to Object.  Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a 3rd party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Right to Restrict Our Processing.  Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
  • Right to Transfer.  Request the transfer of your Personal Data to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Data to perform a contract with you.  We will (unless there is an exemption) assist you by securely transferring your Personal Data directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine-readable format.
  • Right to Withdraw Consent.  Withdraw consent at any time where we are relying on your consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Data to third parties for their direct marketing purposes in the preceding calendar year. We do not share Personal Data with third parties for their own direct marketing purposes.  California residents who have profiles on our Websites and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on our Websites.
How to Exercise Your Rights.
To exercise your rights, please contact us by using the information in the “Contact Us” section, below. We try to respond to all legitimate requests within a reasonable time period and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than anticipated, taking into account the complexity and number of requests we receive. If you are an employee of a customer of ours, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us as follows:
Good Earth Lighting
Postal Mailing Address:      1400 East Business Center Dr. 
Suite 108
Mt. Prospect, IL  60056
Email: privacy@goodearthlighting.com