Terms and Conditions of Participation

Website Terms and Conditions

Welcome!

1. General

Please read these Terms and Conditions (“Terms and Conditions”) carefully before start using the Website www.mydaikindna.com (“Website”). By accessing and browsing the Website, you agree to be bound by the Terms and Conditions. If you do not agree, you may not use the Website.

The Website is available only to users that have entered into or are employees or representatives of entities that have entered into a Daikin Network Alliance (“DNA”) Program (“DNA PROGRAM or Program”) Agreement Letter with DAIKIN APPLIED LATIN AMERICA, L.L.C. (“Daikin”). In these Terms and Conditions such users shall be referred as “user”, “you” or “participating user”.

Daikin, under a service agreement with BI Worldwide Latin America is providing you access to the information and services on the Website, under these Terms and Conditions.

Daikin may modify these Terms and Conditions at any time, in its sole discretion, and such modifications shall be effective immediately upon posting. You agree to review these Terms and Conditions periodically to be aware of such modifications. You further agree that your continued access or use of the Website shall be deemed your conclusive acceptance of the modified Terms and Conditions. By using the Website you acknowledge that Daikin has no obligation to provide the Website and may alter or end the Site at any time, in its sole discretion.

THE DNA PROGRAM IS NOT AVAILABLE TO THE GENERAL PUBLIC. ALL FEDERAL, STATE, LOCAL, MUNICIPAL AND PROVINCIAL LAWS, TAXES AND REGULATIONS APPLY. PROGRAM VOID WHERE PROHIBITED.

2. Contact information

The administrator of the Website is: BI Worldwide Latin America, 2750 N 29th Ave. Ste. 316, Hollywood, FL 33020, USA, referred to in these Terms and Conditions as “we,” “us” and “our.” If you have any questions or complaints about our service, or any goods [or services] obtained from our Website, send an email to our Participant Service Team on the Contact page or write to the following address: 2750 N 29th Ave. Ste. 316, Hollywood, FL 33020, USA. The DNA PROGRAM’s Sponsor Organization is Daikin Applied Latin America, L.L.C.

3. Use of the Website

3.1    Your access to this Website is granted strictly in accordance with these Terms and Conditions.

3.2    You warrant that all the detailed information that you have provided to us on your account sign up form (“Personal Information") is true and correct, up to date and complete in all respects, and that you will immediately notify us of any changes that occur in your Personal Information by updating your profile in the “Edit Profile” section of the program Website.

3.3    The DNA PROGRAM is a Daikin managed program, and you will be asked to create a username and secure password before obtaining access.

3.4    You are entirely responsible for maintaining the confidentiality of your username and password, and for any activities that may be conducted in your account. If you believe that your password has been stolen, you should contact us as soon as possible, and (subject to security verifications) we will change your password. We and Daikin will not accept liability, to any person, for any loss or damage that may occur due to your failure to protect your password, username or account information. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

3.5    You agree to fully indemnify us, our officers, directors, employees, representatives and suppliers, and Daikin, its officers, directors, employees, representatives and suppliers, against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable professional fees) that may arise from any violation of these Terms and Conditions by you, or any other  liability that may arise from your use of this Website, or from its use by any other person accessing this Website using your user name, password, and personal information.

3.6    We and Daikin cannot guarantee that the use of this Website will be compatible with such hardware and software as may be used by visitors to the Website.

3.7    We and Daikin cannot guarantee any periods of availability for this Website or that access to this Website will be uninterrupted. Subject to the provisions of section 5, we and Daikin will not be liable to you in connection with any claims or losses (to be clear, this includes lost profits, lost business opportunities, lost management time or other consequent losses) that may be incurred as a result of any Website downtime or unavailability.

3.8    We and Daikin neither warrant nor represent that the information provided on this Website is accurate or complete, nor do we or Daikin guarantee that use of this Website will be uninterrupted or error-free, or that this Website and its servers will be free of computer viruses or bugs. We and Daikin shall not be held liable for any loss or damage that may result from the use of this Website.

3.9    You should be aware that this Website is being monitored and may capture information about your visit that will help us and Daikin improve the quality of our and its service.

4. WhatsApp Group Disclaimer

Group members cannot circulate messages that are illegal, dangerous to national security, violate IT laws or are objectionable. Group admin don't want such content and are not responsible for it. If you join the group, it means you are willing to share your contact number in public, anyone can message or call you. If you have any privacy concerns immediately leave the group or do not join this group. If you are sharing or posting anything in the group, you alone will be fully responsible for the post you shared or posted. Anything shared or posted in the group will be shared by group members and admin with other groups and people in public without your permission therefore do not post anything for that you have any kind of privacy concerns. Group admin keeps the right to remove any group member at any time without any intimation or reason.

5. Intellectual Property

5.1    Trademarks

All of Daikin or other entities trademarks, logos and service marks (collectively "Trademarks") displayed on the Website are owned or used under license by Daikin or its affiliates. You have no right to use any Trademark by virtue of your use of the Website. Names of products or services, images of people, places or products, information, software, scripting, text, video, graphics, music, sounds and other materials and services (collectively "Content") displayed or accessed on the Website are either the property of, or used with permission by, Daikin. The use of the Content by you, or anyone else authorized by you, is strictly prohibited unless specific permission is provided elsewhere on the Website. Any unauthorized use of the Content may violate U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and/or treaty provisions. In addition to the rights Daikin has in the individual elements of the Content, Daikin also owns a copyright in the selection, and arrangement of the Content. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of Daikin. Your misuse of the Trademarks displayed on the Site, or any other Content displayed on the Site, except as provided in these terms and conditions, is strictly prohibited.

5.2    Copyrights

The entire contents of the Website and the Daikin materials accessed through the Website are copyrighted under U.S. copyright laws. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use subject to the other terms and conditions of use for the Website (including, without limitation, the confidentiality provisions and the provisions of your separate contractual agreements with Daikin). You may make: (a) one machine readable copy, (b) one back up copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your non-commercial use. Daikin does not warrant or represent that any materials on the Site will not infringe on the rights of third parties not affiliated with Daikin, and the user of any such content assumes full liability for any damages arising out of or relating to such permitted use. Any other transmission, modification, re-use, posting, copying, distribution or publication of any material is strictly prohibited without the express written consent of Daikin and of any third party who has supplied information to the Site. You agree not to delete or modify any proprietary notices from materials downloaded from the Site.

5.3    Use of Submissions

You hereby grant Daikin a non-exclusive, royalty free, paid up, perpetual, worldwide license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and perform (in all existing or future media) any information or images (including without limitation ideas for new or improved products and the Website) which you may submit to public areas of the Website, including without limitation, forums, and news groups, or submit directly to us via email. You agree that you shall have no recourse against Daikin for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

6. Liability

The Website and any software or information made available are provided on an "AS IS, AS AVAILABLE" basis.

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY SUFFER (EVEN IF SUCH LOSSES OR DAMAGES ARISE AS A RESULT OF OUR NEGLIGENCE) AS A RESULT OF YOUR ACCESS TO THE WEBSITE, OR OF YOUR USE OF SAID SITE, OR OF ANY MATERIAL INCLUDED THEREIN.

DAIKIN SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION PROVIDED ON THE WEBSITE OR HYPERLINKS FROM THE SITE, EVEN IF SUCH LOSSES OR DAMAGES ARISE AS A RESULT OF DAIKIN’S NEGLIGENCE AND OR DAIKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM RESULTING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE WEBSITE.

7. Termination

7.1    Access to this Website is permitted at our and/or Daikin’s discretion, and we and Daikin reserve the right to terminate your access to the Website without prior notice. We and/or Daikin may choose to exercise our right to terminate your access to the Website in certain circumstances, such as the following (for illustrative purposes only):

7.1.1 If you violate these Terms and Conditions; or

7.1.2 If you cease to be an employee or authorized representative of the participating company; or

7.1.3 If the agreement between us and Daikin should come to an end at any time and for any reason, in regard to the DNA Program itself and/or this Website.

THE DNA PROGRAM INVOLVES ONGOING MAINTENANCE, DURING SUCH PERIODS OF TIME AS DAIKIN MAY DEEM APPROPRIATE, AND AT THEIR SOLE DISCRETION, EVEN ON AN INTERMITTENT BASIS - I.E., IT MAY BE ACTIVE AT CERTAIN TIMES AND INACTIVE AT OTHER TIMES - A COMPETITION SYSTEM, BASED ON POINTS AND REWARDS CATALOGS, FOR ELIGIBLE PARTICIPANTS. AT ANY TIME WHEN THE COMPETITION POINTS SYSTEM IS ACTIVE AND IN EFFECT FOR THE PROGRAM, CLAUSE 7, “REDEMPTION OF REWARDS ON OUR SITE,” CLAUSE 8, “DELIVERY,” AND CLAUSE 9, “RETURN POLICY,” AS WELL AS THE “RULES OF THE DAIKIN NETWORK ALLIANCE POINTS PROGRAM” GIVEN BELOW, AND ALL OTHER CLAUSES RELATED TO POINTS AND REWARDS, SHALL APPLY FOR THE PURPOSES OF THE GENERAL TERMS AND CONDITIONS OF THE DNA PROGRAM, AND SHALL BE GOVERNED ACCORDING TO THE RULES SPECIFIC TO EACH PARTICULAR CONTEST.

8. Redemption of Rewards on the Website

8.1    In order to obtain items from the rewards catalog, you must be over 18 years of age (over 21 if you wish to obtain alcohol) and your country of residence must be eligible for participation in the DNA PROGRAM. By placing your order, you are making an offer to exchange your points to obtain the items, for the value established in the order. We are not under any obligation to supply the items to you until we have confirmed that we have received your order and that it has been dispatched. No agreement shall exist until we have dispatched the goods.

8.2    If you discover that you made a mistake on your order, please contact the Participant Service Team immediately. This must be done before we confirm your order. We cannot correct errors after confirming orders, although you may still have the right to cancel your order as described in Section 9 below.

8.3    If your order includes software, you must also comply with and accept the terms of the software license provided along with it.

8.4    Prices of the rewards catalog are checked regularly. If we find that the price has changed when we receive your order, we will contact you and ask if you wish to continue. If you do not respond, we will consider your order canceled and the points will be credited to your account.

8.5    Though all possible steps have been taken to ensure that each item is consistent with its description in the rewards catalog, the descriptions cannot be guaranteed since the manufacturers' specifications may change; in such case we will do everything within our power to offer you a substitute item of the same or superior quality and the same price. If you are not happy with the replacement, contact the corresponding Participant Service Team through the Contact Us page on the Website within 7 days of receiving the item; we will then arrange for the return of the item and the value exchanged for the reward reimbursed. Installation and batteries are not included in the rewards, unless otherwise specified.

9. Delivery

The delivery time of the Program prizes varies according to the type of prize and address of the participant. The average delivery time of each award will be reflected in the program catalog.

10. Return Policy

10.1 If your order includes software You should inspect your rewards as soon as you receive them, to check for any defects or damage and ensure they are correct. In the unlikely event that any item you receive is damaged, contains a defect or is incorrect, you should contact the Participant Services Team as soon as possible for advice.

10.2 Do not return your rewards until instructed to do so. If you are asked to return your rewards, make sure they are well packaged. You should also provide a complete description of the problem and return the defective item together with all warranties, manuals and accessories. Items damaged in the    course of their return cannot be replaced.

Rules of the DNA Program Portal:

1. The following rules relate to the DNA Program Portal.

Eligibility

5. The program Portal is open “by invitation only,” and may only be used by the users who have been pre-registered in the database and have received an invitation to participate with a temporary access password (previously referred as “user”, “you’ or “participating user” and hereinafter also referred to as the "Participants").

6. Participation in this Program will be considered to constitute acceptance of the Terms and Conditions of the Website, these Rules, and any other documentation issued in relation to said Program. When you activate your account as a Participant, you will need to confirm your acceptance of the Program Rules (hereinafter referred to as the "Program Rules") and the Terms and Conditions.

Program Period

7. This program shall be in force until terminated or canceled by Daikin.
8. We and Daikin reserve the right to modify or withdraw the Program in whole or in part at any time.

Eligible Activities

9. The Program applies to participation in eligible activities such as special promotions, training, events, recognitions, “mystery shopper,” completion of surveys, etc. (hereinafter referred to as the "Eligible Activities”), under the Terms and Conditions set forth in these Program Rules. Participants may receive points for participating in eligible activities as part of the program. Points are the currency used in the program; they may be exchanged for rewards in the Daikin Network Alliance program rewards catalog (Hereinafter referred to as the "Points").

9.1   We and Daikin reserve the right to modify the Eligible Activities and the number of points obtained during the Program without prior notice to the Participants. See the Website to check for any changes or to obtain up to date information.

9.2   The Participants may use the points earned during the course of the Program to exchange for rewards in the Program’s online Catalog, found at www.mydaikindna.com

How does the Program Portal work?

Points

14. Points shall be assigned as follows:

Points are earned through participation in Eligible Activities. The amount of points awarded is based on each specific activity.

Use of Points

Termination of Access to the Rewards Catalog

An online rewards catalog may be made available to you for the redemption of points at our discretion, and we may terminate your access to said catalog at any time without prior notice. In certain circumstances, we may choose to exercise our right to terminate your access to the rewards catalog, such as the following (for illustrative purposes only):

- If you violate these Terms and Conditions; or

- If you cease to be an employee or representative of entities that have entered into a Daikin Network Alliance (“DNA”) Program (“DNA PROGRAM or Program”) Agreement Letter with DAIKIN APPLIED LATIN AMERICA, L.L.C. (“Daikin”)  (you will only have access to the rewards catalog); or

- If our agreement with Daikin for the provision of the Website is terminated for any reason.

Program Termination

Tax liability

Participants will be personally responsible for all federal, state and/or local taxes incurred as a result of their acceptance of any rewards. The redemption  of Points and receipt of rewards constitutes taxable income for the Participant. Neither the Sponsor nor the Administrator will assume responsibility for payment of these taxes or assume any obligation under any circumstances.

Website Privacy Policy

BI WORLDWIDE (“BIW”) complies with the U.S.-E.U. International Safe Harbor Framework and the U.S.-Switzerland International Safe Harbor Framework, as established by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. BIW has certified that it adheres to the principles of privacy protection regarding notice, choice, onward transfer, security, access, and data integrity and use of data established in the international safe harbor framework. To learn more about the international safe harbor principles program and to see BIW’s certification, please visit http://www.export.gov/safeharbor/.

BIW controls this Website and attaches the utmost importance to the privacy of the individuals who register on it. This online privacy policy (“Privacy Policy") sets forth the privacy practices currently in use on this site. The Privacy Policy governs how BIW uses and protects the information it obtains directly from you, receives from your employer, or from the company sponsoring this Website and the underlying program (“BIW Client”) as part of the services provided by BIW. This Privacy Policy does not apply to the practices of companies and employees thereof with which this site is not related by ownership or control.

By using this site, you accept the terms of this Privacy Policy. PURPOSE OF DATA COLLECTION

Individuals may be asked to provide personally identifiable information ("PII") or sensitive personal information (“SPI”) during their use of this site, in order to allow BIW to meet the requirements of the services provided by BIW’s (“Underlying Program"). "IPI" refers to information which (a) concerns or pertains to a specific individual; (b) can be linked to that individual; and (c) is recorded in any form. Examples of IPI include, without limitation, name, address, email, etc. "SPI" refers to personal information that reveals an individual’s race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership, social security number or other government issued identification, credit card number, or information concerning the individual's health. The term “Information" includes both “PII” and “SPI.

” The PII collected is used to create and administer individual accounts, as well as for account verification if users lose or forget their passwords. PII may also be used to contact an individual via email or print communications in connection with promotional offers. It may also be used to contact an individual regarding any issues that may arise in the operation of this site or the underlying program.

PII may be used in order to deliver rewards to individuals. If this site includes the possibility of redeeming points or receiving rewards in the form of merchandise or trips, the individual will receive, as appropriate, notifications containing information regarding the transaction (such as order or shipment confirmation) or special promotions. A personal phone number may be required if we need to make contact due to a problem with an order.

When an individual logs onto the Internet, an ISP (Internet Service Provider) provides them with an IP (Internet Protocol) address. Websites are able to determine the IP address an individual is using to access the site. The IP address may be used to help diagnose problems with the site, or for security purposes.

In order to constantly improve the quality of service and site performance, the site may track and analyze quantifiable, aggregate, non-identifying statistical information from visitors ("Statistical Information"). The Statistical Information collected includes elements such as: your browser’s activity when you are viewing the site, the path taken to the visit, and the time of your visit to the site. This Statistical Information is neither PII nor SPI; it is simply general information regarding activity on the Website. BIW reserves the right to share Statistical Information with BIW Clients.

Demographic and personal profile information beyond that which was collected at the time of registration may also be requested through optional surveys or other Site promotions. Additional information may also be obtained through aggregate data analysis or analysis of site information. This information may be used to deliver relevant, personalized offers to individuals, and is not required to use this site.

USE AND TRANSFER OF PERSONAL INFORMATION TO THIRD PARTIES

The PII and SPI will not be sold or otherwise provided to any third party except as stipulated in this Privacy Policy, requested by you, or required by law. If you do not wish to have your PII transferred to third parties to the extent necessary for the operation of the underlying program, you have the right to opt out, but your experience or participation in the program may thus be limited. BIW will not transfer any SPI to third parties without first expressly offering you the choice to opt in.

The use by third parties of the PII or SPI, and the transfer thereof in connection with the operation and administration of this site or the underlying program, is restricted to the functions necessary for the operation of this site and the execution of the underlying program by BIW on behalf of a BIW client, and limited to the minimum amount of information necessary for said third party to perform its functions. Examples: It may be necessary to share a person’s name and address with an external transport company, or a payment processing company may need their credit card number. No information will be disclosed to any third party if said third party does not subscribe to safe haven privacy principles, of or if there is no written agreement between BIW and said third party in which the latter agrees to provide at minimum the same level of privacy protection required under the relevant principles.

INFORMATION PROVIDED TO BIW CLIENTS

When a person registers with this site, they either fill out a profile registration, or a BIW Client provides data through a secure file transfer protocol. The information gathered from the profile registration will be shared with BIW clients. COOKIES

This site may use "cookies" to enhance its users’ experience. Cookies are small pieces of important information stored by a user’s web browser on their personal computer. These cookies are used to improve site usability and personalization, and to help with navigation. Cookies contain only the information that the person has provided to the site. They do not read other data from the individual’s computer, or share information with cookies from other sites. Cookies may remain in a user's computer once their session has closed, in order to be used again when they return to the site.

Advertisements may occasionally be placed on this site. These advertisements may also contain cookies, which may appear to come from this site, but actually come from sponsoring clients or from third party customers who post ads on this site.

You may set your web browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each browser is different; therefore, check the help menu on your browser to find out how to change your cookie preferences. If you reject all cookies, you may not be able to access some or all of the features on this site.

INFORMATION SECURITY

Your information is stored on our servers in the United States. We treat data as an asset that must be protected, and use very advanced technologies to protect your information against access and disclosure.

This site has implemented security measures to help protect against the loss, misuse and alteration of the information under its control. When you provide PII or SPI online while accessing the Internet via a browser capable of using Secure Socket Layer (SSL) technology, your information is protected both through server authentication and data encryption. This site also employs a variety of other mechanisms to ensure that data you supply will not be lost, used improperly, or inappropriately altered. These control mechanisms include, among others, firewalls, passwords, physical access controls, logical access controls, change control procedures, data confidentiality policies and regular database backups.

This site restricts access to the PII and SPI collected to employees with a need to access such information for administrative purposes. The number of these employees is limited and they are subject to the site’s privacy and security policies. We also require our employees to sign comprehensive nondisclosure contracts to protect individuals’ confidential information.

REVIEW AND MODIFICATION OF PERSONAL INFORMATION

A person may correct, amend or delete elements of their information through the site interface or by using their corporate update process, depending on how the original information was received. Though reasonable efforts are made to ensure the data integrity throughout the systems supporting this site, some information may be transferred to other protected databases not connected to this site but controlled by BIW. As a result, some corrections, amendments, or deletions may take longer to process than others, but they will be carried out in a reasonable period of time. BIW takes reasonable steps to ensure that data is reliable for its intended use, and is accurate, complete and up to date.

ACCEPTANCE OF PRIVACY POLICY TERMS AND CONDITIONS

By visiting this site, individuals agree to the practices described in this Privacy Policy. To the extent that any third-party sites accessible through this site may have privacy practices that differ from those set forth in this Privacy Policy, said third party privacy practices shall govern the collection and use of any information individuals may provide when visiting those sites. BIW is not responsible for the security or privacy practices of those sites, the products or services offered by them, or the content displayed therein. If you access a linked site, it is your responsibility to read the privacy policy statement for that site in order to understand their policies and act accordingly to keep your information private and confidential.

CHANGES TO THIS ONLINE PRIVACY POLICY

It may at times be necessary to change the terms and conditions of this Privacy Policy. To ensure that you remain fully aware of the privacy practices in effect, we recommend that you periodically visit this site’s Privacy Policy. This site will not substantially broaden its handling of previously collected information without providing notice and offering the ability to opt out, before the Privacy Policy is expanded in a substantial manner

CONTACTING THE SITE ADMINISTRATOR

If you have questions, comments or complaints regarding this Privacy Policy or the use of your information, please use the "Contact Us" link on the Website to communicate with us.

By visiting this site, individuals agree to the Daikin Applied Latin America, L.L.C. Privacy and Data Protection Policy as published in the www.daikinlatam.website.