Updated: January 8, 2021
[ iFREE GROUP (HK) Ltd.] (hereinafter referred to as "iFREE") hereby remind users to read and fully understand this "M Track Software license and service agreement"(hereinafter referred to as "this agreement"). Users shall carefully read and fully understand the terms and conditions of this agreement, in particular those relating to exemption or limitation of liability, dispute resolution and application of the law. The exemption or limitation of liability clauses may be highlighted in bold type and you need to read them carefully. Please read this agreement carefully and choose to accept or reject it (minors should be accompanied by a legal guardian). Your download, installation, use of this software and account access will be deemed to be an acceptance of this agreement and agree to be bound by the terms of this agreement.
iFREE reserves the right to amend this agreement. The updated terms and conditions of this agreement will be published on the website or in the software. Users can re-download and install the software or read the latest version on the website. If the user does not accept the revised terms and conditions, please immediately stop using the "MTrack" software and services. Users who continue to use the "MTrack" software and services provided by iFREE will be deemed to have accepted the modified agreement.
1.1. This agreement is between you(hereinafter referred to as "user") and iFREE and its operating partners (hereinafter referred to as "partner") for the user to download, install, use "M Track" software (hereinafter referred to as"this software") and use related services.
1.2. This software and service provided byiFREE installed on the devices including but not limited to the mobile phone and other devices, providing the official drivers and iFREE services.
1.3. All rights of ownership and operation of this software and service belong to iFREE.
2.1. iFREE gives the user a personal, non-transferable, and non-exclusive license for the software.
2.2. Users can install, use, display, and run the software on a single mobile device for non-commercial purposes. However, users are not allowed to install, use, or operate the software for commercial purposes. User cannot copy, change, modify, hook up, run, or create any derivative works of this software or of the data released into the memory of any terminal device or of the interaction data between the client and the server during the operation of this software. Forms include but are not limited to using plug-ins, or unauthorized third-party tools/services to access the software and related systems. Commercial sales, copying, and spread, such as software pre-installation, and bundling, must be authorized and licensed inwriting.
2.3. Users shall not install this software on any other terminal equipment without the permission of iFREE, including but not limited to set-top boxes, game consoles, television sets, DVD players, etc.
2.4. Except as expressly authorized in this agreement, iFREE has not authorized any other rights to the user. If the user uses any other rights, he must obtain the written consent of iFREE.
3.1. Users should download and install this software according to the designated website or the designated mode of iFREE.Downloading this software from non-designated sites may cause mobile devices to be infected with malicious programs that can damage user data and access users' privacy information. If the user has obtained the software or the installation program of the same name from a third party without iFREE's authorization,iFREE cannot guarantee the validity or normal use of the software and is not responsible for any loss the user may incur.
3.2. The user must select the version of the software that matches the installed terminal equipment. Otherwise, any problems or damage caused by the software not matching the equipment shall be borne by the user.
3.3. In order to improve the user experience and service, iFREE has the right to provide you with the software replacement, modification, and upgrade version from time to time, and also has the right to charge for the replacement, modification, or upgrade in advance of your consent. This software defaults switching on the "upgrade tips" function, users can choose to switch on this function or not depending on their software version. After the release of the new version of the software, iFREE does not guarantee the continued availability of the old version of the software.
4.1. Users should use the service whilst strictly abiding to this agreement. The following behaviors are not allowed:
4.1.1. Deleting the information about copyright on this software and other copies. Modify, delete or circumvent the technical protective measures of Intellectual Property Rights;
4.1.2. Reverse engineering the software, such as disassembly, decompilation, or other attempts to obtain the software source code;
4.1.3. Modifying or falsifying instructions or data in the software operation; Adding, removing, or changing the software functions or effects; Disseminating to the public no matter for any purposes.
4.1.4. Using this software for any behavior that endangers network security, including but not limited to: using unauthorized data, accessing unauthorized servers/accounts, entering a public network or operating system of another person without permission and deleting, modifying, or adding stored information; an unauthorized attempt to probe, scan, or test the weaknesses of the system or network of the software or to commit other acts that undermine network security; an attempt to interfere with or disrupt the normal operation of the system or website of the software, deliberate dissemination of malicious programs or viruses and other acts that disrupt normal network information services, falsification of TCP/IP packet names or partial names;
4.1.5. Users login or using the software and services through third-party compatible software, systems not developed, licensed, or approved by iFREE, or create, distribute and disseminate the above tools;
4.1.6. Without the written consent of iFREE, the user uses, rents, lends, copies, modifies, links, reprints, compiles or, publishes the software and the information contained therein without the consent of iFREE. Establishes a Mirror site, takes the liberty to use this software to develop related derivative products, works, services, plug-ins, compatibility, interconnection, etc.
4.1.7. Use this software to publish, transmit, disseminate and store content that violates the laws of the state, endangers national security, the reunification of the motherland, social stability, public order, and good customs, or any improper, insulting, defamatory, obscene, violent and any content that violates the laws, regulations, and policies of the state;
4.1.8. Use this software to publish, transmit, disseminate and store content that infringes other people's intellectual property rights, trade secrets, and other legal rights;
4.1.9. Use this software to publish, transmit and disseminate advertising information and junk information in batches;
4.1.10. Any other use of this software and other services provided by iFREE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the use permitted under this agreement;
4.2. Information release specification
4.2.1. You can use this software to publish your original views, data, text, information, username, pictures, photos, personal information, audio, video files, links, and other information. You must ensure that you have the intellectual property rights of the information you upload or have been legally authorized to use this software and service without infringing the legitimate rights and interests of any third party.
4.2.2. When you use this software, you need to comply with laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, social and public order, moral trends and information authenticity, "seven bottom lines" requirements.
4.2.3. When using this software, you shall not use this software to engage in any of the following activities, including but not limited to:
4.2.3.1. To make, copy, publish, disseminate, and store content that violates the laws and regulations of the State:
(1) opposing the basic principles established by the Constitution;
(2) endangering state security, divulging state secrets, subverting state power, and undermining national unity;
(3) harming the honour and interests of the state;
(4) inciting national hatred or discrimination and undermining National Unity;
(5) those who undermine the state's religious policy and propagate heresy and feudal superstition;
(6) spreading rumors, disturbing social order, and undermining social stability;
(7) spreading obscenity, pornography, gambling, violence, murder, terror, or instigating a crime;
(8) insulting or defaming another person or infringing upon the lawful rights and interests of another person;
(9) inciting illegal assemblies, associations, processions, demonstrations, and assembling crowds to disrupt public order;
(10) acting in the name of an illegal non-governmental organization;
(11) containing other contents prohibited by laws and administrative regulations.
4.2.3.2. To publish, transmit, disseminate and store the content that infringes upon other people's right to reputation, right of portrait, intellectual property, trade secret, and other lawful rights;
4.2.3.3. Fabricate facts, conceal the truth to mislead and deceive others;
4.2.3.4. To Publish, transmit and disseminate advertising information and junk information;
4.2.3.5. Engaging in other acts in violation of laws, regulations, policies, public order, and good customs, social ethics, etc.
4.2.4. You are not allowed to engage in any commercial activity such as advertising or selling goods in this software without iFREE‘s permission.
4.3. YOU UNDERSTAND AND AGREE:
4.3.1. iFREE will determine whether the user is suspected of violating the above-mentioned usage rules, and will suspend, terminate, or take other restrictive measures in accordance with this agreement.
4.3.2. Any information released by the user when using the licensed software that is suspected to be illegal or to be in violation of the lawful rights of others or in violation of this agreement will be deleted.
4.3.3. If the user violates the above rules, you will bear the legal responsibility on your own and prevent iFREEfurther loss or increase of cost should violation lead to the loss sustained by a third-party.
4.3.4. If the user violates the relevant legal provisions, or the Agreement and causes iFREE to suffer any loss, or suffer loss from a third party's claim, or receives the administrative authority's punishment, the user must compensate iFREE for the loss caused or/and the expense which may be incurred as a result of this violation, including reasonable attorney fees, investigation, and evidence collection fees, etc.
M Track will provide all services (such as real-time location) that require e-sim networks to include indirect payment services that require users to purchase iPoint virtual currency through iPoint's virtual currency system. The user will have to follow iFREE's virtual currency system process and operation, buy iPoint, and then exchange the iPoint to activate the service that the user wants to use and finally have the appropriate access to the service. For paid services,iFREE will give users a clear reminder before using the service. Only users that confirm that they are willing to pay according to the payment process of the service and actually proceed with the payment can use the service. If the user refuses to proceed with the payment process, the user will not be able to use the corresponding service.
6.1. It is important to protect your personal information. To provide functionality and improve the user experience,iFREE will collect the following types of data:
6.1.1. Device-related information: Information about your device's hardware, performance, status, application, and so on. Examples include system version, device manufacturer information, model name, device and motherboard identification, CPU usage, installed and used applications.
6.1.2. Network usage information: We may collect network types, network signals, etc. that are relevant to some of the functions of the iFREE software you are using.
6.1.3. Location information: Location Services uses Bluetooth(where those are available) to determine your device’s approximate location.
7.1. iFREE and its partners shall not be liable for any loss suffered by the user due to any third party’s involvement such as but not limited to communication line failure, technical problems, network, mobile terminal equipment failure, system instability, and other force majeure reasons.
7.2. Like most Internet software, this software is influenced by many factors, including but not limited to the user, network service quality, social environment, and so on, causing real-life harassment. Users download and install other software or visit other websites containing "Trojan horse" and other viruses, threatening the security of users' terminal equipment information and data which then affects the normal use of this software and so on. Users should strengthen information security and user data protection awareness, should pay attention to strengthen password protection, so as not to cause loss and harassment.
7.3. Because the software may call a third-party system or third party software to support the user's use or access when the user uses the software or requests iFREE to provide a specific service, and the use or access result is provided by the third party, iFREE does not guarantee the safety, accuracy, effectiveness and other risks of the results achieved through third party systems or third party software. iFREE shall not be liable for any disputes and damages arising therefrom.
7.4. iFREE draws users' attention to the fact that in order to protect iFREE's autonomy in business development and adjustment, iFREE has the right to modify or interrupt its services at any time without notifying users. iFREE is not responsible to the user or any third-party for exercising the right to modify or interrupt the service.
7.5. In addition to laws and regulations, we will do our best to ensure that the software and the technology and information involved are safe, effective, accurate, and reliable. However, due to the limitations of the existing technology, users will understand that iFREEcannot guarantee this.
7.6. Compensation for personal injury or incidental or indirect economic damage caused by or in connection with any of the following, including but not limited to loss of profits, loss of information, loss of business or other business damage or loss, shall be borne by the user himself or herself:
(1) use or failure to use licensed software;
(2) unauthorized use of software or alteration of user data by third parties;
(3) expenses and losses arising from the activities of users using the software;
(4) user misunderstanding of the software;
(5) other software-related losses not caused by iFREE.
7.7. Any personal or economic injury or loss caused or likely to result from any misdirection or deception in the conduct of the software between the user and other users of the software shall be the responsibility of the guilty party in accordance with the law.
8.1. iFREE is the intellectual property right holder of this software. All intellectual property rights of the software, including copyright, trademark rights, patent rights, and trade secrets, and all information content related to this software (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, relevant data or electronic documents, etc.) is protected by the Laws of the Hong Kong Special Administrative Region of the People's Republic ofChina (Hong Kong SAR) and relevant international treaties. iFREE enjoys the above intellectual property rights.
8.2. Users are not allowed to execute, utilize, or transfer such intellectual property rights for any commercial or non-commercial purposes by themselves or by any third party without iFREE'swritten consent. iFREE reserves the right to pursue legal liability for such acts.
9.1. iFREE reserves the right to amend the terms and conditions of this agreement if necessary. If the terms and conditions of this agreement change, the revised terms, and conditions of this agreement will be published on the relevant page. If you do not agree with the changes, the user should voluntarily cancel the service. If the user continues to use the service, it is deemed to accept a change in the terms of the agreement.
9.2. iFREE and partners reserve the right to amend or change the charges, rates, methods, charges, and terms of service as necessary. In the course of providing the service, iFREE may start to charge users for certain services now or in the future. If users refuse to pay the fees, they cannot continue to use the relevant services after the fees start. We will do our best to inform our customers of the changes by email or other means.
This Agreement, and any dispute, controversy, proceedings, or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall only be governed by and construed in accordance with the laws of Hong Kong SpecialAdministrative Region of the People's Republic of China (Hong Kong SAR).
The parties to this Agreement irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong SAR for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement.
11.1. When users use a particular service of this software, the service may have a separate agreement, related business rules, etc. (hereinafter referred to as "separate agreement"). Please read and agree to the separate agreement before using the service.
11.2. This agreement takes effect on July 26, 2019.
11.3. The headings of all the terms of this agreement are for ease of reading only and do not have any actual meaning in themselves and cannot be used as a basis for the interpretation of the meaning of this agreement.
11.4. The remaining provisions of this agreement shall remain valid and binding upon both parties irrespective of the reasons for their partial invalidity or unenforceability.
If you share information with us (for example, by creating an iFREE account), we can provide you with a better service by displaying more relevant product updates and ads, help you connect with others, or share content more easily and quickly. To that end, we will explain how we collect and use information, and what you can do to protect your privacy.
Our privacy policy includes the following:
● What information we collect.
● How we collect and use the information.
● How do you selectively provide this information and how do you access and update it.
● Scope and revision of Information Sharing, security, and privacy policies.
We collect two types of information about you: Personal Information (data that is relevant to a particular natural person and can be combined with other information to identify that particular natural person) and impersonal information (data other than personal information). If we associate and combine impersonal information with personal information by technical means, such information will be considered personal information for the duration of the retention of the above-mentioned information.
iFREE and its operational cooperation units(hereinafter referred to as "cooperation units"), may ask if you agree to provide certain personal information necessary to use our basic product services. This personal information may be combined with other information and used to improve our products or services, etc.
Below are some examples of the types of personal information that iFREE might collect and how we might use that information.
Collection of personal information
● When you activate the Tracker, we need you to provide your name, email address, and mobile phone number.
● Other users can see the personal information you share when you use certain services on your own, such as inviting other users to join the service, sharing information with other users, and so on, and they can read, collect, or use this information. You will be held liable for any legal disputes arising from your uploading/sharing of personal information.
● iFREE will use your personal information in strict compliance with this privacy policy and the content contained in its updates. Your personal information will only be used for a purpose identified and agreed upon at the time of collection and will be used with your prior consent for any purpose other than that.
● The personal information we collect maybe used to provide you with iFREE products and services, to process your order, or to fulfill your contract with iFREE to ensure the functionality and security of our products and services, to verify your identity, and to prevent and prosecute fraud or other misuses.
● The personal information we collect will be used to provide you with information content and services, such as showing you your location information, device power information, etc.
● The personal information we collect maybe used in the development of our products and services, although generally we use only comprehensive and statistical information for this purpose.
● The personal information we collect maybe used to communicate with you, for example, to notify you of updates to our products or services as soon as they become available.
● The personal information we collect maybe used to personalize the design of our products and provide you with a more personal service. For example: our service allows us to recommend, display for your tailor-made content and advertising or for research purposes.
● If you participate in a raffle, contest, or similar promotional activities, we may use your personal information to manage such activities.
At the same time, in order to operate and improve the technology and service of iFREE, we may collect and use your impersonal information by itself, which will help to provide you with a better user experience and improve the service quality of iFREE.
Below are some examples of impersonal information that we might collect and how we might use that information.
● When you use the M Track application, in order to determine whether the phone is supported, we need to obtain your phone's operating system and version, as well as the phone's brand number.
● Location information - we may collect your location information when you use a location-based program service or function. For example, when you use location to record track information and conduct location-based searches, your location information may be sent back to the love message so that the love message provides you with the correct content.
● information gathered by Cookies and other technologies - iFREE's website, online services, interactive applications, e-mail messages, and advertising campaigns may use Cookies and other technologies such as Pixel Tags and site beacons to collect and store your impersonal information.
● Log information - when you access the iFREE server, our server automatically records some log information. This type of server log information may contain information such as IP address, browser type, browser language, refer source page, operating system, date/time stamp, and clickstream data.
● Device information - when you first use and activate a Tracker, the unique device identifier, firmware version, and general location (not personal) information for the hardware is sent to the server. The information gathered above may also apply if you are updating your system or software, restoring factory settings, and so on.
● Debug Log information - when you choose to upload the debug log to help us analyze the problem, your application debug log file is sent to the server.
● The information we collect using cookies and other technologies, such as Pixel tagging, to give you a better user experience and improve our overall quality of service. For example, by saving your language preferences, we can display our services in your preferred language.
Each person's right to privacy concerns have their own focus, and based on this, we will specify how we collect information so that you can choose how you receive it.
All or part of our services will be performed in China. For International Users, no matter where you live, you agree to transfer, process and store your personal data in China and allowiFREE to collect and use personal information in accordance with this privacy policy.
By logging into your account, you can access and update your personal information. You can also delete some personal information or ask us to delete your account Unless we have to keep this information for legal reasons.
Whenever you use our service, we strive to give you access to your personal information. If this information is incorrect, we will try to find ways for you to quickly update or delete it (unless we have to keep it for legitimate business or legal reasons). When updating your personal information, we may ask you to verify your identity before processing your request.
We may reject requests that are gratuitously repeated, that pose a risk to the privacy of others, or that are highly impractical.
As long as we can let you access and modify the information, and it does not require too much investment, we will provide it for free. We strive to maintain our services to protect information from accidental or malicious damage. Therefore, when you remove information from our service, we may not immediately remove a residual copy of that information from the server in use, or the corresponding information from the backup system.
M Track will make a location access statement during the initial installation to remind users that the app will get location information displayed on the map and calibrate the tracker location, even when the app is in the background. (At the same time, iFREE will also remind users in the app that they can turn off all permissions in the System Settings.)
If the user has bound the MOGO T1, we will confirm that the device is nearby with the help of Bluetooth when the app keeps running in the background and continuously obtain the user's location information and upload it to the server to calibrate the positioning. We will also draw your location track by the location information you provide in the location function (including the location information provided by the device and obtained by the user's mobile phone) and stop obtaining the location information when you stop using the feature.
Your personal information will be kept strictly confidential and will not be shared with third parties unless there is limited sharing as stated in this privacy policy.
You hereby authorize us to share your personal information with a third party without your consent if:
● We share this personal information with third parties as a result of legal investigation, litigation, enforcement, or other legal enforcement requirements or requirements.
● We provide personal information to our affiliates or other trusted businesses or individuals to process the above on our behalf. We ask the parties to agree to handle this personal information in accordance with our terms, this privacy policy, and any other applicable confidentiality and security measures.
● In the event of a reorganization, merger, or sale, before we transfer all the personal information we collect, continue to maintain confidentiality in accordance with the current privacy policy and notify all affected users.
● We share some information with the data statistics tools and analysis services provider to learn more about the performance and usage of our application on different devices, platforms, or application distribution channels.
The device data usually includes, but is not limited to: SDK or API version, platform, timestamp, application mark, application version, application distribution channel, iOSIDFV, iOS IDFA, Android advertiser mark, IP address(for geolocation only), MACaddress, IMEI equipment model, device manufacturer, device equipment OS version, conversion start/end time, language, mobile network/country code, timezone and network situation(WiFi or others), etc.
How we share the information with the service provider: For the purpose of providing our analysis service as well as protecting the personal information of users, the above data collected by the service provider will form its own user identifier on the end-user device side for de-identification and be sent to its servers in encrypted form through our application and display it in a data and analysis report. We could check relevant statistics and analysis results.
We strive to protect our users from unauthorized access, tampering, disclosure, or destruction of our stored information. To this end, we have taken the following measures:
We review Practices for information collection, storage, and processing, including physical security measures, to avoid unauthorized access to various systems.
We allow access to personal information only to those who need to know about it in order to process it for us, to those who are authorized to handle it for the service company, and to those who have a strict contractual obligation of confidentiality If they fail to meet these obligations, they may be held liable or their relationship with iFREEterminated.
The security of your information is very important to us. Therefore, we will continue to make efforts to ensure the security of your personal information and, implement secure encryption and other means of storage and transmission, to prevent your information from being accessed, used, or disclosed without authorization. At the same time, certain encrypted data's concrete content, except the user oneself, other people have no right to access.
Our privacy policy does not apply to third party products and/or services. iFREE products and services may contain third-party products and services, when you use third-party products or receive third-party services, they may get your information, therefore, we remind you to read the third-party privacy policy.
At the same time, this privacy policy does not apply to the collection of data from external sites after you click a link.
Children under the age of 14 are advised to use iFREE products or services with the permission and guidance of their legal guardians.
The Guardian has the right to refuse to further collect the personal information of the ward, as iFREE will not collect the personal information of the ward knowing that the other party is a child and will not disclose the personal information of the ward to any third party or ask for the Guardian's personal information to be deleted. If we find that we have collected personal information on a child under the age of 14, we will take steps to remove such information as soon as possible.
This privacy policy allows adjustments, and we will not impair your rights under this privacy policy without your express consent, unless a notice is sent to you through the e-mail address you provide, or a website announcement is made.