Gallagher SMB Policies

Welcome to the terms and conditions (the “Terms”) on which Gallagher North America, Inc (“we”, “our”, “us”, “Gallagher”) will supply the Gallagher SMB Application (the “App”) and corresponding services to you.

By downloading and/or using our App, you agree to be bound by these Terms (including any of our policies or other terms as stated in these Terms).

 

1. Our Agreement

1.1 You may use this App only for the period that the Site is subscribed for the Services. On the suspension or termination of the Site’s subscription, you must cease to access or use this App and we may restrict or block your access to this App.

1.2 You acknowledge and warrant that you: (1) are over the age of 18; (2) have the power to enter inter into a binding contract with us; and (3) are the owner or lessor of the Site (or otherwise have the authorisation and consent of the owner or lessor of the Site to use the App and Services in relation to the Site).

 

2. Our Services

2.1 You may use this App to receive Services provided by us under the Subscription Agreement.

2.2 Please note that we may vary the functionality of the App from time to time and will provide you with at least 1 month’s notice of any material changes (which may include notification through the App). Please note that material changes do not include performance fixes, new features and user interface and experience updates.

2.3 You acknowledge that we will not be required to provide the App or Services to you during the time and to the extent that our performance is prevented due to:

• Scheduled maintenance or service upgrades undertaken by us in relation to the App and Services.
• Problems with any third-party equipment, software or material used in the provision of the App and Services, including any problems with internet or cellular connectivity.
• Other products licensed to, or managed or owned by you or at the Site (including the Hardware, except where due to a breach of our Hardware warranty set out in these Terms).
• Acts or omissions by you, or a failure by you to comply with these Terms.
• An event outside the reasonable control of a party, including emergency or cybersecurity incidents (other than any security incident at the Site notified through the Products and Services).

2.4 You agree that, as between you and us, we will own all of the Products, software and other products used for the provision of this App and the Services (other than the Hardware).

 

3. Your Obligations

3.1 You agree that you will only access and use the App and the Services in accordance with these Terms, the Subscription Agreement, all applicable laws, and solely in relation to the operation of the Site.

3.2 To use the App and to receive the Services:

• The Site must have an active subscription for the Services and must have purchased and correctly installed the Products.
• You must at times of use have a stable internet or cellular connection.
• You must comply with our policies relating to the App and the Services.

3.3 You must notify us immediately if you become aware of any unauthorised use of any password or account or any other known or suspected breach of security regarding the use of any App.

3.4 You agree that you will not:

• Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user and you must keep your account secure and not take any action that may impact the security of another else’s account.
• Disrupt, interfere with, violate the security of, or attempt to gain unauthorised access to the Products or Services or any related equipment or circumvent or attempt to circumvent any technological measure implemented to protect the Services and Products.
• Upload, transmit, distribute or run any computer virus, worm, Trojan horse or any computer code that could damage or alter any system, device or property used in connection with the Products or Services.
• Run any form of auto-responder or “spam” on the Services.
• Attach or connect any third party or otherwise unauthorised equipment to the Products or Hardware provided by us or the installer of the Products or Hardware.

 

4. Your Payment

4.1 The use of the App is included within the Subscription Payment. No other payment will be required to download or use this App.

 

5. Use of Information

5.1 You are responsible for ensuring the security of any personal information and the visual and audio recordings captured on the Products at the Site, which are held on your computer, mobile or other device.

5.2 All personal information collected, used, disclosed and stored by us relating to the Services will be in accordance with our privacy policy (available here). You acknowledge that we may collect, use, and store certain personal information about you in order to provide the Services.

5.3 You must immediately notify us if you become aware of any suspected or potential breach of applicable privacy laws in relation to the App or the Services.

5.4 As part of your use of the App and the Services, you acknowledge that other information relating to your use of the Products and Services (which is not personal information) may be collected, used and stored by us, the installer of the Products and other subcontractors. Certain information will be stored within the App and may count towards your storage limit.

 

6. Intellectual Property Rights

6.1 As between Gallagher and you, Gallagher is the owner or the licensee of all Intellectual Property Rights relating to the App and the Services and we retain all right, title and interest in and to the App.

6.2 We grant you a royalty-free, non-exclusive, non-transferable, revocable license to use the Intellectual Property Rights  solely to the extent required for you to use the App and to receive the Services during the term in accordance with these Terms.  For the avoidance of doubt, the App is not sold or transferred to you and Gallagher retains ownership of all copies of the App at all times.

6.3 You must not at any time:

• Attempt to copy, alter, modify, replicate, or reverse engineer or enhance the Hardware, the Products or any software used for the Services.
• Alter, remove or tamper with any trademark, patent or copyright notices or any confidentiality or proprietary notice, numbers or other means of identification used on or in relation to the Intellectual Property Rights.
• Make any of our Intellectual Property Rights available to any third party (other than your personnel or contractors required to use it for the purposes of receiving the Products or Services).
• Develop or use any third party applications that interact with the App or Services without our prior written consent.
• Do any act or allow any act to be done that would or might invalidate or be inconsistent with our rights or title in and to the Intellectual Property Rights.

 

7. Indemnity

7.1 You will indemnify us, and our employees, agents and contractors in respect of all liabilities, costs and expenses (including full costs between solicitor and client), claims or demands incurred by us or any third party arising from any of your acts or omissions, your negligence, your breach of these Terms, or arising out of or incidental to your use of the Services.

 

8. Limitation of liability

8.1 You acknowledge and agree that the App and Services are provided on an ‘as is’ basis, without any express or implied warranty, representation or condition.  GALLAGHER DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW. GALLAGHER DOES NOT GUARANTEE THAT THE APP OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. TO THE EXTENT PERMITTED BY LAW, GALLAGHER’S WARRANTY POLICY AND THE REMEDIES SET OUT IN THE POLICY ARE EXCLUSIVE AND IN PLACE OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.

8.2 You acknowledge that your sole and exclusive remedy for any issues relating to the App or the Services is to uninstall the App and to cease using the Services.

8.3 Subject to claims available under USA federal and State consumer protection laws, we are not liable, whether in contract, or otherwise, for any loss or damage arising out of or in connection with the use of (or inability to use) our Apps or Services.

8.4 To the extent permitted by law, under no circumstances will we be liable for any indirect, incidental, special, punitive or consequential damages, including any loss of revenue or profits, data, or data use regardless of whether we may have been warned of the possibility of those damages.

 

9. Suspension or Cancellation

9.1 We may suspend the provision of the Services to you at any time or may restrict or block your access to our App, including if you breach these Terms.

9.2 You may cancel these Terms at any time by uninstalling the App.

9.3 Either of us may cancel these Terms by giving written notice to the other through the SMB Partner with effect from the date specified in the notice if a party commits a material breach of these Terms and, if it is capable of remedy, does not remedy that breach within 30 days of receiving written notice from the other party.

9.4 The cancellation of these Terms for any reason will not affect any rights which accrued before cancellation.

9.5 Clauses 6, 7, 8, 10 and 11.6 will remain in full force and effect and survive the termination of these Terms.

 

10. Confidentiality

10.1 You must not use, disclose or reproduce these Terms or any of our Confidential Information, except as required to exercise your rights or perform your obligations in these Terms or with our prior written consent.

10.2 We will not disclose your Confidential Information except as required to exercise our rights or perform our obligations under these Terms or the Subscription Agreement, which may include disclosing such information to our contractors, employees, consultants and professional advisers.

10.3 The confidentiality obligations in this clause do not apply to the extent:

• The information is required to be disclosed by law or court order.
• Such information is in or becomes part of the public domain.
• The information can be shown to have been known to the other party prior to it being disclosed or subsequently comes lawfully into the possession of the party from a third party.

10.4 On our request, you must immediately provide to us or, to the extent reasonably practicable, destroy or delete all materials containing or referring to our Confidential Information which are in your possession, power or control.

 

11. General

11.1 Our business is located in United States.  If you need to contact us about the Products or Services, our contact details are smb@security.gallagher.com.

11.2 Any notice or communication to be given under these Terms must be in writing and may be served personally or sent by registered mail or by email to the addresses specified in your account from time to time. We may also provide notice to you through the App.

11.3 We may update these Terms and our applicable policies from time to time.  We will provide you with written notice of any material update to these Terms (which may include notification through the App) and, if you do not agree to the update, you may cancel these Terms with 1 month’s prior written notice to us.

11.4 Our failure to enforce any provision of these Terms will not waive our right thereafter to enforce any such provision.

11.5 These Terms contain the full and complete agreement of the parties with respect to the subject matter and, except as otherwise provided, supersede all prior negotiations, commitments, writings, agreements, and understandings between the parties.

11.6 These Terms will be governed by the laws of Missouri and the parties submit to the non-exclusive jurisdiction of the courts of Missouri, USA.

11.7 In these Terms:

“Confidential Information” means any and all information, regardless of how the information is stored or delivered, exchanged between you and us relating to these Terms.

“Hardware” means the physical equipment installed at your Site which forms part of ‘Gallagher SMB solution’ (including any third-party hardware).

“Intellectual Property Rights” means all intellectual property rights, including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trade marks, trade secrets, software applications, websites, patents, inventions, discoveries, know-how, confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

“Products” means all products supplied by us which enables ‘Gallagher SMB solution’ to be installed, serviced and used by you, including the Gallagher SMB Application (but excluding the Hardware).

“Services” means the services subscribed to in the Subscription Agreement, which may be varied from time to time in accordance with those terms.

“Site” means the physical location for the Services and includes any building on the site.

“Subscription Agreement” means the agreement entered into relating to the use of ‘Gallagher SMB solution’ at the Site.

“Subscription Payment” means the fee payable under the Subscription Agreement.

11.8 In these Terms:

• Clause and other headings are for ease of reference only and do not affect the interpretation hereof.
• Including does not imply any limitations.
• Any reference to “approval”, “consent”, “authorisation” or any other similar terms means our approval, consent or authorisation acting in our sole and absolute discretion.
• To the extent of any inconsistency, the terms and conditions set out in these Terms will take precedence over any policies, or any other agreement entered into between us relating to the Services (other than the Subscription Agreement, which will at all times take precedence over these Terms).

This document tells you, our customer, Gallagher Security North America Inc. (“we”, “our”, “us”) Cancellation Policy of the Subscription Agreement associated with the supply of the Products and Services to you the End User.

Please read this policy carefully. By accepting and/or using the Products or Services, you agree to be bound by this policy (including any of our policies stated in these Terms or otherwise set out at https://security.gallagher.com/Solutions/SMB/Policies.

1. Purpose

1.1 The purpose of this policy is to provide you with information on the following:

• When you can cancel the Subscription Agreement;
• What happens on cancellation of your Subscription Agreement; and
• How you can restart your Subscription Agreement to our Products and Services.

1.2 We recommend that this policy is read in conjunction with your Subscription Agreement. To the extent that any inconsistency arises between the Subscription Agreement and this policy, your Subscription Agreement will prevail.

1.3 Terms used in this policy will have the same meaning given to them in your Subscription Agreement.

1.4 Please note that we may update this policy from time to time. The latest version of this policy will be available on https://security.gallagher.com/Solutions/SMB/Policies.

1.5 If you have any questions relating to cancellation of your Subscription Agreement or are unhappy with the Products or Services that we provide for any reason, please contact our Customer Success Team by email.

 

2. When can you cancel the Subscription Agreement?

2.1 The Subscription Agreement remains in place for your elected Subscription Period and will automatically renew for your elected Subscription Period until it is cancelled by you or by us.

2.2 Your right to cancel:

• If you need to cancel your subscription to the Products and Services, all you need to do is provide at least 1 month’s written notice to us through the SMB Partner.
• You may also cancel your Subscription Agreement by written notice to us through the SMB Partner (with effect from the date specified in the notice):
• If we commit a material breach of the Subscription Agreement and, if capable of remedy, we do not remedy that breach within 30 days of receiving written notice from you.
• We are subject to liquidation, receivership or bankruptcy proceedings.
• You are no longer in legal possession of the Site (which may include by virtue of the sale, lease, sub-lease, termination of lease, assignment or other disposal of the Site).

2.3 Our right to cancel:

• We may cancel your Subscription Agreement at any time by providing at least 1 month’s written notice to you through the SMB Partner.
• We may also cancel your Subscription Agreement by written notice to you through the SMB Partner (with effect from the date specified in the notice) if any of the following occurs:
• You commit a material breach of the Subscription Agreement and, if capable of remedy, you do not remedy that breach within 30 days of receiving written notice from us.
• You are subject to liquidation, receivership or bankruptcy proceedings.
• You are no longer in legal possession of the Site (including by virtue of the sale, lease, sub-lease, termination of lease, assignment or other disposal of the Site).

2.4 Please note that, in addition to the above, we may stop providing the Products and Services to you if you stop paying the Subscription Fee (including where there is payment failure due to insufficient funds, incorrect or outdated payment information or transaction disputes).

 

3. What happens on cancellation of your Subscription Agreement?

3.1 Payment of Fees

You are required to pay all Fees that are due and payable up to effective date of cancellation of your Subscription Agreement, including your ongoing Subscription Fee. Please note that if you fail to pay these Fees, we may exercise our rights under the Subscription Agreement (which may include referring the matter to an external debt collection agency). You will not be entitled to a refund of your Subscription Fee if you cancel your Subscription Agreement for convenience.

3.2 Gallagher SMB Customer Application

Your account on the Gallagher SMB Customer Application will be closed at the effective date of cancellation of your Subscription Agreement. Please note that you will no longer be able to access your information on the Gallagher SMB Customer Application from this date.

3.3 Cancellation Charge

• If you cancel:
• an elected internet access point functionality in using the Products and Services, you acknowledge that if you cancel such functionality or a data pack within the first month of use, a “Cancellation Charge” may apply; and
• within the first year of your Subscription Agreement, we may charge you a “Cancellation Charge”
• The Cancellation Charge will be the equivalent of three months of your Subscription Fee or in the case of the internet access point a fee to reflect the charges imposed on the SMB Partner by the telecommunications carriers. The Cancellation Charge is payable within 14 days of the effective date of cancellation.
• Please note that you will not be required to pay any Cancellation Charge if the Subscription Agreement has been cancelled by us for no reason, or if the Subscription Agreement has been cancelled by you due to a breach by us of the Subscription Agreement.

3.4 Hardware

• We will not remove any Hardware from your Site at the end of your Subscription Agreement, except as set out below.
• If your Subscription Agreement ends after you have paid the full Install and Hardware Fee, you may request that we remove the Hardware from the Site. However, if you do so:
• you must pay our out of pocket costs and expenses relating to such removal;
• you must grant us access to the Site for a period of 90 days from the date of your request; and
• on and from removal, we will own the Hardware (but will not be required to pay or reimburse you for the Hardware unless we agree with you otherwise).
• If we are removing Hardware, we will contact you to arrange a day and time for its removal. We will notify you if there are any delays or changes to the removal date, but we will not be responsible for any costs or expenses that you may incur as a result of any delay. We will not in any circumstances be required to reinstate your Site following the end of the Subscription Agreement.

3.5 Other

• At the end of your Subscription Agreement, we will also cease to access your Site (unless required for the removal of Hardware as set out in paragraph 3.4 above).
• The cancellation of the Subscription Agreement for any reason will not affect any rights which accrued before cancellation or which otherwise relate to or may arise at any future time from any breach under the Subscription Agreement prior to cancellation.
• Please note that we will not in any circumstances have any liability or obligation to provide any refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

 

4. How can you restart your subscription to our Products and Services?

4.1 Should you change your mind after your SMB Security Solution (“System”) has been terminated, the System can be reactivated by the SMB Partner.  Connection, configuration and system commissioning fees may apply. Required services and subscription fees will commence from date your system has been reactivated, commissioned and handed over to you.

4.2 Please feel free to contact your existing SMB Partner, or contact our Customer Success Team by email.

1. Introduction and Scope

This Privacy Statement applies to the Gallagher SMB App (“the App”), supplied by Gallagher Group Limited (“Gallagher”) and explains how our organisation stores and uses the personal information we collect about you when you use the App. The App allows an authorised user to interact with the Gallagher SMB security system (“the SMB System”) at their site.  By using the App you are deemed to consent to this Privacy Statement, if you do not accept this Privacy Statement you should delete the App and notify your site administrator or business owner.

2. How to Reach Us

Please note that the App and our cloud services are processing personal information on behalf of a site that has a SMB System. For questions or complaints about the personal information the site hold about you, please contact the business owner or administrator of the site that invited you to use the App.

For privacy questions to Gallagher please contact us by email to privacy@gallagher.com or by phone by calling    0064 7 8389800 or 0800 654 256 (NZ only).

3. Personal Information, Collection and Uses

3.1 What is personal information

Personal Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier. When we later refer to “personal details”, we mean information such as your name, email address, phone number, and physical address. When we later refer to “device details”, we mean information such as model and operating system.

3.2 How we collect personal information

Registration for the App will involve your business owner or administrator entering your name, email and mobile number in the Gallagher SMB cloud.  The SMB System then uses these details to send an invite to you.  Once you register your details, a mobile credential is downloaded to your phone for the purpose of identifying your device when you connect to the SMB System. This mobile credential is also stored in the cloud for the purposes of authentication and sending you notifications.

We also collect some basic device details, to ensure functional operation of our service (see 3.5.3).

We also record actions performed using your device when it interacts with the SMB System, which are associated with your name for auditing purposes.

3.3 Marketing agencies

We do not share your personal information with marketing agencies. Your information will not be sold, exchanged, transferred or given to any other company.

3.4 Third-party service providers

We may temporarily provide your personal information to companies that perform services for us, such as Apple or Google Firebase.

For sites that have subscribed to guarding we will provide the guarding service with the name and phone number of the person who called the guard (via the App) or the key account holder of the site if the call out is made automatically by the SMB System. 

 

 

 

3.5 Situations where we process your personal information

3.5.1 Registration of your Mobile Credential ID

Registration will involve the site storing your personal details on the Gallagher SMB cloud. In the event you no longer have a security system role at an individual site, the site owner may delete your profile from that site. You may ask your site owner to delete your details from their SMB System, but you will no longer have access to use the App for that site. You may need to do this for more than one site.

We may store your email and mobile number in the Gallagher SMB cloud which is hosted regionally by AWS. Your email address is used for site invitations and as a unique identifier for your account. Your phone number may also be used if SMS verification is required and/or for the purpose of informing you of updates to the App.

3.5.2 Using your device

3.5.2.1 Mobile Arming when there’s no connection to the cloud service or for access through a door

The App communicates with the Gallagher Bluetooth® Low Energy or NFC equipped Reader to provide a connection to the SMB System to perform actions such as arming/disarming areas or to provide access through doors. To use this functionality, you must have a registered mobile credential.

When your device communicates with a Gallagher Reader, it sends your mobile credential ID (a random number which is associated to you) and then uses the FIDO UAF protocol to securely authenticate your device. More information on FIDO can be found at https://www.fidoalliance.org.

3.5.2.2 Location Services

The App may ask for permission to access your device's location. For Android devices, location permissions are required to use Bluetooth® Low Energy scanning in any way. For iOS devices, location permissions are required to enable background scanning.

The Gallagher SMB cloud does not use your location. It is never stored or transmitted in any way. These location permission requests are only in place because the operating system requires them to enable the above Bluetooth® Low Energy features.

3.5.2.3 Log data and troubleshooting

The App will collect logs to assist in troubleshooting should an error occur. This includes information about your activity. These logs are stored locally on your device and are not accessible to anybody unless you choose to share them. Details of the error may be sent to Gallagher’s Sentry account (www.sentry.io) and used to help us improve our product. These details include Device Type, OS Versions, IP address and user ID. 

3.5.3 Telemetry

Whenever your App communicates with Gallagher’s cloud services, we send and store the following information to provide you with services and to enable us to improve our products:

Last device logon date and time Mobile Device Operating System (e.g. iOS or Android)

Operating System Version (e.g. iOS 11.4.1)

Installed versions of the Gallagher SMB App

Authentication token

We store a history of your connections for a period of one year.

3.5.4 Other                                                                                                                  

System Administrators at Gallagher may access a site’s SMB System for the purpose of troubleshooting.

3.6 Storage and Security

Personal information collected on this website is collected and held by Gallagher. We will take reasonable efforts to protect personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction. However, should a breach of data occur Gallagher will notify you as soon as reasonably possible.

4. Your Privacy Choices

We are processing your personal details on behalf of a site that has a SMB System installed. If you do not register using our App or if you delete the App or the mobile credential, you will not be able to use your device to interact with the SMB System to perform actions e.g. arming or disarming the site. To stop receiving notifications from a particular site, or for questions or complaints about your personal information, please contact the business owner or administrator of the site that invited you. To stop receiving notifications from the site, you may disable them for the App on your device. However, if you are a site manager, every time you log on you will be prompted to re-enable them as the ability to receive notifications is a fundamental part of the site manager role.  Your personal information will be used for the purposes and functions required to support the use of the SMB System.

5. Minors

We do not knowingly collect or solicit personal information from children under 16. If you are under the age of 16 you must inform your parents or caregiver of the collection and use of your information and have them read this privacy notice. If you are a parent or caregiver of a child under the age of 16 you may request that the child’s personal data be removed from our database by contacting the business owner or administrator of the site who can delete the data on your behalf or you may consent to their personal information being processed according to this policy.

6. Cookies, Web Beacons and Other Technologies

Wherever possible, we have disabled tracking by Google and Apple in the App. We store Cookies.

7. Cross-Border Transfers

We use cloud services from Amazon AWS on computer systems hosted regionally. We have a data processing agreement with AWS including Standard Data Protection Clauses to confirm the appropriate safeguards.

8. Data Retention

Data retention on Gallagher SMB cloud services
Your Name	Collected and stored	3.5.1
Your email address	Collected and stored	3.5.1
Your phone number	Collected and stored	3.5.1
Location	Not collected but is required to be activated on your device for Bluetooth service to work.	3.5.2.2
Log data	On your device and in the Gallagher Cloud service. Collected logs are deleted after a year.	3.5.2.3
Telemetry data	We store a history of your connections for a period of one year.	3.5.3
IP address	Collected and stored	3.5.3

9. Information Security

Gallagher takes cyber security seriously. We intend to protect your personal information and to maintain its accuracy. Gallagher implements reasonable physical administrative and technical safeguards (such as system monitoring and encryption) to help us protect your personal information from unauthorised access, use and disclosure. We restrict access to your personal information to those employees who “need to know” it to provide services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities. We also require that our suppliers protect personal information from unauthorised access, use and disclosure.

10. Complaints

In many countries, you have a right to lodge a complaint with the appropriate privacy or data protection authority if you have concerns about how we process your personal information.

We aim to resolve complaints quickly and informally. If you wish to proceed to a formal privacy complaint, we will need you to make your complaint in writing to our Privacy Officers, as above. We will then acknowledge your formal complaint within 10 working days.

If you are not satisfied with the responses from your site or from us, you may contact the appropriate national privacy authority.

11. Changes and Updates to this Privacy Statement

This Statement is effective from 1 November 2022 and supersedes all previous notices or statements regarding our privacy and data protection practices and the terms and conditions that govern the use of the SMB System. We recognise that privacy and data protection is an ongoing responsibility, and so we review this Statement regularly and will update it from time to time as we undertake new practices or adopt new policies. You should check our website frequently to see the current Statement that is in effect for any updates we have made. We reserve the right to amend our Privacy Statement at any time, for any reason, without notice to you, other than posting the updated version on our website.

1. Introduction and Scope

This Privacy Statement applies to the Gallagher Installer Configuration App (“the App”), which is supplied by Gallagher Group Limited and its related companies (“Gallagher”). It explains how Gallagher stores and uses the personal information we collect about you when you use the Gallagher Installer Configuration App. The App allows an authorised user to configure the Gallagher SMB security system (“SMB System”) for a customer’s site.  By using the App you are deemed to consent to this Privacy Statement, if you do not accept this Privacy Statement you should delete the App and notify your site administrator or business owner. 

 

2. How to Reach Us

For questions or complaints about the personal information held about you by Gallagher, please contact the person within your organisation who registered you to access the SMB System.

For privacy questions to Gallagher please contact us by emailing privacy@gallagher.com or phone by calling    0064 7 8389800 or 0800 654 256 (NZ only).

3. Personal Information, Collection and Uses

3.1 Collecting your personal information

• email address - Registration for the App will involve your supplied email address being added to the Gallagher SMB Cloud.
• device model and operating system - We collect some basic information about your device such as model and operating system, to ensure functional operation of our service (see 3.4.2).
• actions- We record actions performed using the App which are associated with your name for auditing purposes.
• IP address – is only captured in our cloud in case of an error with the App.
• installation company’s service email address and phone number - They are NOT captured in the installer app, just retrieved. The installation company’s service email address and phone number. These could contain the email address and phone number of an individual but may be a general email address and phone number for the installation company.

3.2 Marketing agencies

We do not share your personal information with marketing agencies. Your information will not be sold, exchanged, transferred or given to any other company.

3.4 Situations where we process your personal information

3.4.1 Registration of your technician account

Registration will involve storing your email address on the Gallagher SMB cloud, which is hosted regionally by AWS. Your email address is a unique identifier for your account. In the event you no longer have a security system role at an installer organisation, your profile may be deleted from that organisation and /or you may ask the organisation which registered you for your profile to be deleted from the Gallagher SMB cloud. In either case, you will no longer have access to use the App for that organisation.

3.4.2 Telemetry

Whenever your App communicates with Gallagher’s cloud services, we send and store the following information to provide you with services and to enable us to improve our products: Operating System Version (e.g. iOS 11.4.1), authentication token.

We store a history of your connections and actions for a period of one year.

3.5 Storage and Security

Personal information collected on this website is collected and held by Gallagher. We will take reasonable efforts to protect personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction. However, should a breach of data occur Gallagher will notify you as soon as reasonably possible.

4. Your Privacy Choices

We are processing your personal information on behalf of an organisation that has registered as a Gallagher SMB installer. If you do not register with the App you will not be able to interact with the SMB System to perform actions. For questions or complaints about your personal information, please contact the person in your organisation who registered you. Your personal information will be used for the purposes and functions required to support the use of the SMB System installer functions.

5. Minors

We do not knowingly collect or solicit personal information from children under 16. If you are under the age of 16 you must inform your parents or caregiver of the collection and use of your information and have them read this privacy notice. If you are a parent or caregiver of a child under the age of 16 you may request that the child’s personal data be removed from our database by contacting the organisation who registered you who can delete the data on your behalf or you may consent to their personal information being processed according to this policy.

6. Cookies, Web Beacons and Other Technologies

Wherever possible, we have disabled tracking by Google and Apple in the Gallagher Installer Configuration App. We store Cookies.

7. Cross-Border Transfers

We use cloud services from Amazon AWS on computer systems hosted regionally. We have a data processing agreement with AWS including Standard Data Protection Clauses to confirm the appropriate safeguards.

8. Data Retention

Data retention for Gallagher Installer Configuration App			Retention Period
Your email address	Collected and stored	3.4.1	Until deleted by your Organisation
Log data	Logs stored In the Gallagher cloud service.	3.4.2.	1 Year
Telemetry data	History of your connections.	3.4.2	1 Year
IP address	Collected and stored	3.1	1 year

9. Information Security

Gallagher takes cyber security seriously. We intend to protect your personal information. Gallagher implements reasonable physical administrative and technical safeguards (such as system monitoring and encryption) to help us protect your personal information from unauthorised access, use and disclosure. We restrict access to your personal information to those Gallaher Employees who “need to know” it to provide services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities. We also require that our suppliers protect personal information from unauthorised access, use and disclosure.

10. Complaints

In many countries, you have a right to lodge a complaint with the appropriate privacy or data protection authority if you have concerns about how we process your personal information.

We aim to resolve complaints quickly and informally. If you wish to proceed to a formal privacy complaint, we will need you to make your complaint in writing to our Privacy Officers, as above. We will then acknowledge your formal complaint within 10 working days.

If you are not satisfied with the responses from your site or from us you may contact the appropriate national privacy authority.

11. Changes and Updates to this Privacy Statement

This Statement is effective from 1 November 2022 and supersedes all previous notices or statements regarding our privacy and data protection practices and the terms and conditions that govern the use of the system. We recognise that privacy and data protection is an ongoing responsibility, and so we review this Statement regularly and will update it from time to time as we undertake new practices or adopt new policies. You should check our website frequently to see the current Statement that is in effect for any updates we have made. We reserve the right to amend our Privacy Statement at any time, for any reason, without notice to you, other than posting the updated version on our website.

 

Product Warranty Policy

Gallagher manufactured product undergoes rigorous testing before it leaves our factory. If you do find a fault with our product, we offer a warranty to cover you. Gallagher will always endeavour to repair, replace or refund the purchase price of a faulty product to the original purchaser provided the item is returned within the warranty period.

The following warranty periods apply to Gallagher manufactured product:

 

Limited lifetime warranty

All Gallagher T11 and T15 readers are covered by a Limited Lifetime Warranty.

This means that these readers are warranted for the life of the product, however, as we evolve our reader range to meet customer requirements some readers may become obsolete. If this happens, we will continue to honor the warranty of those products for a further five years.

 

Software warranty

Gallagher warrants that the software will operate in accordance with the specification.  Gallagher’s sole obligation in respect of the software products warranty is to use its reasonable endeavours to correct the program so that it performs in accordance with Gallagher’s specifications. Gallagher does not warrant any third-party software developed using Gallagher Application Programming Interfaces.

 

Five-year warranty

We are committed to providing you with products of an outstanding quality and to show this we offer a five-year warranty on the majority of our current generation of Gallagher manufactured electronic products. As we develop new products these will also be added to the list and the products they replace will be removed. The products removed from the list will still carry the applicable warranty from their time of purchase.

The current products covered by a 5 year warranty include:

C500100 SMB Controller 6000 Standard

C500680 SMB HBUS 8 In Board

C500684 SMB HBUS 8 In 4 Out Board

C300698 HBUS 8 Port Hub

C200620 Dialler

C200107 Dual Cabinet Ul Cool Grey

 

Two-year warranty

All other Gallagher manufactured product is covered by a two-year warranty.

 

Repaired and serviced parts

Repaired and serviced parts will continue with their original warranty period or be warranted for 90 days after the repaired or serviced product was shipped, which ever date is later. 

 

Warranty exclusions

1. Product modified or altered without Gallagher’s written authorization
2. Product which has not been used in accordance with Gallagher’s documentation, installation or operating instructions or not installed by a Gallagher Certified Installer.
3. Product which has been subjected to conditions not in accordance with those specified in Gallagher technical product specifications, or to unusual electrical or physical stress, fire, lightening, Force Majeure, neglect, contamination by insect or vermin, misuse, abuse, improper storage, testing or connections, power or air conditioning failure, hazardous or unreasonable use, servicing by any third party not authorized by Gallagher to perform such work or servicing, or exposure to airborne contaminants including but not limited to geothermal, chemical, salt spray, local environmental influences etc.
4. General wear and tear on all readers, cards and transponders is specifically excluded from warranty claims
5. Product no longer covered under the applicable warranty period
6. Freight costs to return a product to Gallagher
7. Installation, maintenance, or service costs relating to a warranty claim
8. Any incidental or consequential costs associated with the failure of a Gallagher product under warranty
9. Product returned to Gallagher in an un-testable state unrelated to the warranty claim (e.g. Reader wiring cut off at the reader base, Controllers missing connectors unrelated to a fault etc.)
10. 3rd party supplied equipment

Where product is outside it’s warranty period Gallagher offers a fixed price repair service.

 

Warranty and service/replacement of products supplied by a third party

Third party products sold by us will be covered under the warranty terms of the respective manufacturer.  Contact your Gallagher Certified Installer for more information on the products you are interested in.

 

If you have a faulty product

In the first instance contact your Gallagher Certified Installer, they will be able to remove and return the faulty product to us while also handling the warranty process for you.

This document tells you, our customer, the terms and conditions (“Terms”) on which Gallagher Security North America Inc. (“we”, “our”, “us”) will supply the Products and Services to the End User.

Please read these Terms carefully. By accepting and/or using the Products or Services, you agree to be bound by these Terms (including any of our policies stated in these Terms or otherwise set out at https://security.gallagher.com/Product-Ranges/SMB/Policies.)

 

1. Our Agreement

1.1 By accepting and using the Products and Services at your Site, you are agreeing to receive our Services for your selected subscription period until cancelled by you or by us as set out in these Terms. You acknowledge and warrant that you have the power and authority to enter into a binding contract with us.

1.2 The Products and Services will be provided to you on and from the date that your Hardware has been installed and activated by your selected SMB Partner (which is typically on the date of its installation) (the “Start Date”).

1.3 We can cancel these Terms at any time after the Start Date by providing at least 1 month’s written notice to you through the SMB Partner. If you stop paying the Subscription Fees for any reason (including where there is payment failure due to insufficient funds, incorrect or outdated payment information or transaction disputes), we may cease to provide the Products and Services to you.

1.4 You can cancel these Terms at any time after the Start Date by providing at least 1 month's written notice to us through the SMB Partner. 

1.5 For more information on cancellation of these Terms, please refer to our Cancellation Policy available here. 

 

2. Our Services and Products

2.1 We will provide you with the Services and Products as set out in these Terms. The Services and Products to be provided by us are those selected by you and described in further detail at https://security.gallagher.com/Product-Ranges/SMB.

2.2 We may vary the Products and scope of Services from time to time and will provide you with at least 1 month’s notice of any material changes (which may include notification through the SMB Customer Application).

2.3 We may offer you upgrades, enhancements, new services or other options relating to the Products or Services from time to time. An additional charge may apply.

2.4 You acknowledge that we will not be required to provide the Products or Services to you during the time and to the extent that our performance is prevented due to:

• Scheduled maintenance or service upgrades undertaken by us in relation to the Products or Services.
• Problems with any third-party equipment, software or material used in the provision of the Products or Services, including any problems with internet or cellular connectivity.
• Other products licensed to or managed or owned by you (including the Hardware, except where due to a breach of our Hardware warranty set out in these Terms).
• Acts or omissions of you, or a failure by you to comply with these Terms.
• A Force Majeure Event.

2.5 You agree that we will own the Products and all of the software and other products used for the provision of the Services (other than the Hardware).

2.6 You agree that if you elect to use an internet access point functionality in using the Products and Services, you must at all times comply with the terms and conditions imposed by telecommunications carriers used by the applicable third parties.  Details of the telecommunications carriers used by applicable third parties and links to their terms are available at the relevant third party website.  You acknowledge that if you cancel such functionality or a data pack within the first month of use, cancellation fees may apply to reflect the charges imposed by those telecommunications carriers.

 

3. Your Hardware

3.1 You will be responsible to engage a SMB Partner to supply, deliver and install the Hardware at your Site. Gallagher will not be responsible for such installation or for any acts or omissions of your selected SMB Partner.

3.2 Gallagher may carry out configuration or remediation services as required in relation to the Products if it considers appropriate from time to time. Please note that the Services that we provide under these Terms do not include any fixes required to the Hardware, other than as set out in our Hardware warranty in clause 9.

 

4. Your Obligations

4.1 You agree that you will only access and use the Products and Services in accordance with these Terms, all Applicable Laws, and solely for the purpose of operating your business at the Site.

4.2 To receive the Products and Services, you must (at your cost):

• As appropriate, provide us and applicable third parties with full and unhindered 24/7 access to your Site.
• Ensure the Hardware has been supplied and installed at the Site and you have access to other equipment as required.
• Ensure there is adequate electricity, adequate communications facilities (including internet connectivity), and lighting of work areas at the Site.
• Ensure that you have procured any licenses, authorizations, and consents required (which may include consent of the Site owner where you are leasing the Site).
• Provide assistance and information as reasonably required by us to perform our obligations under these Terms.

4.3 Please take care when providing information to us. We will be acting in reliance on the information you provide. You will be responsible for our costs and expenses arising from any error or omission in any information you supply to us or approve (including any costs arising from any changes required to the Products or Services).

4.4 You must comply with our policies relating to the Products and Services, including our password policy available on our website.

4.5 You will be responsible for all use and activities that occur on the SMB Customer Application, regardless of whether such activities are authorized or otherwise actioned by you, your Authorized Representative, your employees, contractors or other third-party users. You must notify us immediately if you become aware of any unauthorized use of any password or account or any other known or suspected breach of security regarding the use of the SMB Customer Application.

4.6 You agree that you will not:

• sublicense, disclose, resell, publish, transmit or otherwise make available to any third party any part of the Products or Services (unless otherwise agreed in writing with us);
• attempt, in any manner, to obtain the password, account, credentials or other security information from any other user and you must keep your account secure and not take any action that may impact the security of another else’s account;
• disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Products or Services or any related equipment or circumvent or attempt to circumvent any technological measure implemented to protect the Services and Products;
• upload, transmit, distribute or run any computer virus, worm, Trojan horse or any computer code that could damage or alter any system, device or property used in connection with the Products or Services;
• create or attempt to create by reverse engineering, disassembly, decompilation or otherwise, the internal structure, source code, hardware design, organization or any other aspect of the Products or Services or aid or permit others to do so;
• copy, modify or translate any Product or Service or develop any derivative works thereof or include any portion of any Product in any other product;
• separate a Product or Service into component parts for distribution or transfer to a third party;
• run any form of auto-responder or “spam” on the Services;
• attach or connect any third party or otherwise unauthorized equipment to the Products or Hardware provided by us or the SMB Partner;
• use the Products or Services for the purpose of creating a competitive product or service or copying its features or user interface;
• move, tamper or interfere with any aspect of the Products or Services; or
• repair or attempt to repair any aspect of the Products or Services.

4.7 You must immediately notify us if you or your personnel become aware of any loss, destruction or damage to any of the Hardware or any hazards or risks that may impact our ability or any applicable third party’s ability to provide the Products or Services.

4.8 Please note that if your usage of the Products or Services materially exceeds our estimated use patterns over any month or is inconsistent with normal usage patterns, then we may consider that your usage is excessive and/or unreasonable. If your usage is excessive and/or unreasonable, we may contact you to request that you stop or alter your usage. If your excessive and/or unreasonable usage continues for more than 14 days after receipt of our request to stop or alter such usage, we may:

• Apply additional Subscription Fees to your account for the excessive and/or unreasonable use.
• Suspend, modify or restrict your use of the Products or Services.
• Cease providing the Products or Services to you. 

 

5. Access to Your Site

5.1 As part of your obligation to provide access to your Site:

• You warrant that your Site is safe and free from harmful materials and substances, any environmental matters or issues, and any other materials that may be harmful
• You agree to take all necessary precautions for the health and safety of all personnel accessing your Site in relation to the Products or Services.
• You must provide the SMB Partner with your reasonable security, health and safety or other relevant policies or procedures relating to your Site.
• Immediately contact the SMB Partner in writing (and provide relevant details) if you become aware of any hazard or risk relating to your Site, or any notifiable incident or notifiable event which occurs at your Site (including any significant “near miss”, emergency or incident involving injury or potential injury to any person). This obligation does not apply where the incident is a Security Incident.

 

6. Your Fees

6.1 The Subscription Fee is offered on an ongoing basis on a monthly or yearly subscription as elected by the End User (“Subscription Period”). You will be responsible to pay ongoing Subscription Fee(s) for your elected Subscription Period to the SMB Partner. The Subscription Fee(s) will be as set out in the quote provided to you by the SMB Partner.

6.2 You can request changes to any Products or Services at any time through the SMB Partner, and the SMB Partner will notify you if we can provide the changes and the Subscription Fees that will apply.

6.3 From time to time the Subscription Fees may need to be updated. The SMB Partner will provide you notice before the change takes effect (which may include notification through the SMB Customer Application). You do not need to do anything to accept the change in the Subscription Fees and may elect to terminate this Agreement if you do not agree with the changes.

6.4 End Users may cancel subscriptions for convenience in accordance with the SMB Cancellation Policy. In the event of a termination for convenience, you shall not be entitled to any refund for the Subscription Fee paid.

 

7. Your Payment

7.1 You will be responsible to pay ongoing Subscription Fee(s) to the SMB Partner.

7.2 The Subscription Fees must be paid by you on a monthly or yearly basis depending on the Subscription Period you have elected or as otherwise notified to you in writing by the SMB Partner

7.3 The Subscription Fees are payable directly to the SMB Partner

7.4 We may exercise any of our other rights and remedies in relation to the failure to pay, including the right to repossess any products we own, or suspend and/or cancel the Products and Services.

7.5 You may not set off or deduct any amount from any payment payable by you under these Terms and Conditions.

7.6 If you fail to pay any Subscription Fees that are due and payable under these Terms and Conditions (whether to us or direct to the SMB Partner):

• We may pursue and attempt to collect any outstanding amounts, and your name, contact information and other relevant information may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
• A late payment fee may apply.
• We may exercise any of our other rights and remedies in relation to the failure to pay, including the right to repossess any products we own, or suspend and/or cancel the Products and Services. We will not be responsible for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.

 

8. Use of Information

8.1 Each of us must comply with any applicable Privacy Laws in respect of the Personal Information collected or otherwise obtained arising from or as a result of the Services. Our privacy policy is available here. Please note that anonymized or aggregated data collected by us as part of the Products or Services provided will not be Personal Information and we may use such data for the purposes of training, product development and enhancement, add-on services, benchmarking, marketing, promotion and other related similar uses.

8.2 You must immediately notify us if you receive any complaint, notice or communication about your compliance with the Privacy Laws in relation to the Products or Services, or if you become aware of any breach of the Privacy Laws in relation to these Terms.

8.3 We will own all Security Information arising from or in connection with the Products or Services provided to you (other than Personal Information).

8.4 We will provide a copy of the Security Information to you as part of the Services. We do not provide any warranty or representation regarding the Security Information and will provide the Security Information to you on an “as is” basis only.

8.5 We may provide a copy of the Security Information to your SMB Partner and to our contractors and personnel as we think necessary, including for installation, configuration and repair purposes and for training and development purposes. You acknowledge that we may delete or destroy the Security Information at any time after the end of the term.

8.6 As part of your use of the SMB Customer Application and the Services, you acknowledge that ancillary information relating to your use of the Products and Services (which is not personal information) may be collected, used and stored by us, the SMB Partner and other subcontractors.

 

9. Warranties

9.1 Our warranty policy is available here.

9.2 To the extent permitted by the Applicable Laws and except as expressly provided in clause 9.1, we disclaim and exclude all statutory, implied or other conditions, guarantees and warranties. Where we are liable under any condition, guarantee or warranty that cannot be excluded, such liability will be limited to refunding the amount paid for the defective Product or Service. In particular, we do not guarantee that:

• the Hardware, Products or Services will be error-free or uninterrupted or access will be uninterrupted or error-free. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the Hardware, Products and Services may be subject to limitations, delays, and other problems (including security risks) inherent in the use of such communications facilities;
• the Hardware, Products or Services meet your requirements or the purpose for which you intend to use the Hardware, Products or Services;
• by using our Hardware, Products or Services, you, your Site and/or your other property will be safe from unlawful entry, loss, damage or injury.

 

10. Intellectual Property Rights

10.1 We are the owner or the licensee of all Intellectual Property Rights relating to the Hardware, Products and Services. 

10.2 We grant you a royalty-free, non-exclusive, non-transferable, revocable license to use the Intellectual Property Rights in the Products and Services solely to the extent required for you to access and use the Products and Services in accordance with these Terms.

10.3 All new intellectual property that relates to the Hardware, Products and Services and is developed following the Start Date (including any modification, improvement or other alteration to any Intellectual Property Rights owned by us) will immediately vest in us on and from its creation. Unless otherwise expressly provided in these Terms, you will assign to us upon creation, all right, title and interest in such Intellectual Property Rights.

10.4 You must not at any time:

• Attempt to copy, alter, modify, replicate, or reverse engineer or enhance the Hardware, the Products or any software used for the Services.
• Alter, remove or tamper with any trademark, patent or copyright notices or any confidentiality or proprietary notice, numbers or other means of identification used on or in relation to the Intellectual Property Rights.
• Make any of our Intellectual Property Rights available to any third party (other than your personnel or contractors required to use it for the purposes of receiving the Products or Services).
• Do any act or allow any act to be done that would or might invalidate or be inconsistent with our rights or title in and to the Intellectual Property Rights.

10.5 Subject to our confidentiality obligations set out below, you grant us the right to use all general ideas, concepts, know-how or techniques that are generated in the course of our engagement with you.

 

11. Insurance

11.1 You will be responsible to maintain appropriate insurance policies to cover any unlawful entry, theft, loss, damage, death or injury at your Site (including damage to the Hardware and any building at the Site).

11.2 You must ensure that each insurance policy is obtained on terms and conditions that are consistent with prudent risk management practices and you must comply with the terms and conditions of each insurance policy.

11.3 If requested by us, you agree to provide us with a certificate of currency for your insurance policies.

 

12. Indemnity

12.1 You will indemnify us, and our employees, agents, contractors and any applicable third party in respect of all liabilities, losses, damages, costs and expenses (including full costs between solicitor and client), claims or demands incurred by us or any third party arising from any of your acts or omissions, your negligence, your breach of these Terms, or arising out of or incidental to your use of the Hardware, Products or Services.

 

13. Limitation of liability

13.1 To the extent permitted by the Applicable Laws, our total aggregate liability in connection with these Terms, whether in contract or tort or otherwise, is limited to the lesser of:

• the total Subscription Fees actually paid by you under these Terms in the six-month period immediately preceding the event giving rise to such claim; or
• $10,000.

13.2 To the extent permitted by the Applicable Laws, under no circumstances will we be liable for any indirect, incidental, special, punitive or consequential damages, including any loss of revenue or profits, data, or data use.

13.3 Notwithstanding any other provision in these Terms, we will in no circumstances have any liability for any wilful, reckless or deliberate acts or omissions of our employees, agents or contractors (including any burglary, theft, arson or willful damage) arising out of the Services, unless such act or omission could have been prevented by reasonable supervision of such employees, agents or contractors.

13.4 We will not be liable to you unless we receive notice in writing of any claim within 1 month of the occurrence of the event giving rise to the claim.

13.5 You must take reasonable steps to mitigate any claim or loss sustained or incurred as a result of any breach or default of us or our contractors or agents in connection with these Terms.

 

14. Suspension or Cancellation

14.1 We may suspend the provision of Products or Services to you if you breach these Terms (including if you fail to pay the Subscription Fees).

14.2 Either of us may cancel these Terms by giving written notice through the SMB Partner with effect from the date specified in the notice if any of the following circumstances occur:

• A party commits a material breach of these Terms and, if it is capable of remedy, does not remedy that breach within 30 days of receiving written notice from the other party;
• A party is subject to an insolvency, liquidation, receivership or bankruptcy proceedings;
• Subject to clause 16.5, you are no longer in legal possession of the Site (including by virtue of the sale, lease, sub-lease, termination of lease, assignment or other disposal of the Site).

14.3 On cancellation:

• For any reason other than a breach by us or cancellation by us under clause 1.3 or 1.4, you will promptly pay the SMB Partner the Cancellation Charge (if any).
• You will pay to the SMB Partner all Subscription Fees due and payable.
• If requested by you in writing, we will engage a third party to remove the Hardware from the Site and in such circumstances:
  • you must pay our out of pocket costs and expenses relating to such removal;
  • you will grant us access to the Site for a period of 90 days from the date of your request; and
  • on and from removal, we will own the Hardware (but will not be required to pay or reimburse you for the Hardware unless we agree with you otherwise).
• Other than as set out above, we have no obligation to remove the Hardware from the Site or reinstate the Site (whether or not we remove the Hardware).

14.4 The cancellation of these Terms for any reason will not affect any rights which accrued before cancellation or which otherwise relate to or may arise at any future time from any breach under these Terms prior to cancellation.

 

15. Confidentiality

15.1 You must not use, disclose or reproduce these Terms or any of our Confidential Information, except as required to exercise your rights or perform your obligations in these Terms or with our prior written consent.

15.2 We will not disclose your Confidential Information except as required to exercise our rights or perform our obligations under these Terms, and we may disclose such information to our contractors, employees, consultants and professional advisers where necessary for the purposes of these Terms.

15.3 The confidentiality obligations in this clause do not apply to the extent:

• The information is required to be disclosed by law or court order.
• Such information is in or becomes part of the public domain (other than as a result of a breach of these confidentiality obligations).
• The information can be shown to have been known to the other party prior to it being disclosed or subsequently comes lawfully into the possession of the party from a third party.

15.4 On our request, you must immediately provide to us or, to the extent reasonably practicable, destroy or delete all materials containing or referring to our Confidential Information in your possession, power or control, except to the extent you require the information to meet your legal record keeping requirements.

 

16. General

16.1 Our business is located in United States. If you need to contact us about the Products or Services, our email contact details are smbna@security.gallagher.com.

16.2 You must provide, and keep updated, the contact details for your Authorized Representative. Your Authorized Representative has full authority to bind you in all matters connected with these Terms.

16.3 Any notice or communication to be given under these Terms must be in writing and may be served personally or sent by registered mail or by email to the addresses as notified in writing from time to time. We may also provide notice to you through the SMB Customer Application.

16.4 You may not assign, novate, subcontract, transfer or otherwise dispose of any of your rights and obligations under these Terms without our prior written consent (at our sole discretion). If you sell or cease to lease or use the Site, you must notify the purchaser or new lessor to get in contact with your SMB Partner or Gallagher.

16.5 We may update these Terms and our applicable policies from time to time. We will provide you with written notice of any material update to these Terms and, if you do not agree to the update, you may cancel these Terms with 1 month’s prior written notice to us through the SMB Partner.

16.6 You agree that no part of the Products or Services (or information obtained through the use of the Products or Services) is being acquired for, shipped, transferred or re-exported, directly or indirectly, to any other country.

16.7 Our failure to enforce any provision of these Terms will not waive our right to enforce any such provision.

16.8 Clauses 2.5, 7, 8.3, 8.4, 9, to 15 and 16.11 will survive the termination of these Terms.

16.9 These Terms contain the full and complete agreement of the parties with respect to the subject matter and, except as otherwise provided, supersedes all prior negotiations, commitments, writings, agreements, and understandings between the parties.

16.10 These Terms will be governed by the laws of Missouri and the parties submit to the non-exclusive jurisdiction of the courts of Missouri, USA.

 

17. Definitions

17.1 In these Terms: 

‘Authorized Representative’ means the person you identify as your key contact to us, as may be updated from time to time.  The Authorized Representative has the power and authority to accept the Terms on behalf of the End User. 

‘Applicable Laws’ means any Federal, State, County and City level laws in the jurisdiction. 

‘Cancellation Charge’ means the amount (if any) payable as set out in the Cancellation Policy (available here).

'Confidential Information' means any and all information, regardless of how the information is stored or delivered, exchanged between you and us relating to these Terms. For the avoidance of doubt, the Security Information (other than Personal Information) and these Terms are our Confidential Information. 

‘End User’ means the entity or organization that will be responsible for payment of the Subscription Fee.  

‘Force Majeure Event’ means an event outside the reasonable control of a party, including emergency or cybersecurity incidents (other than Security Incidents).

‘Hardware’ means the physical equipment installed at your Site which forms part of ‘Gallagher Security’ (including any third-party hardware). 

‘Intellectual Property Rights' means all intellectual property rights, including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trade marks, trade secrets, software applications, websites, patents, inventions, discoveries, know-how, confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

‘Ongoing Services’ means the regular and continuous services charged as part of your subscription which may include access to mobile applications, incident management, cellular communication backup service and other services as may be added from time to time.

‘Personal Information’ means any information relating to an identifiable person who can be directly or indirectly identified.

‘Privacy Laws’ means all applicable legislation, principles, and other applicable industry codes and policies relating to the collection, use, disclosure, storage or granting of access rights to Personal Information.

‘Products’ means all products supplied by us as part of these Terms which enables ‘Gallagher Security’ to be installed, serviced and used by you, including the SMB Customer Application (but excluding the Hardware).

‘Security Information’ means all information transmitted to and from us through the Products and software used as part of the Services.

‘Security Incident’ means any security incident at the Site notified through the Products and Services.

'Services’ means all services provided by us, including the Ongoing Services and all other services provided, as set out in clause 2.1 and as may be updated or varied from time to time.

‘Site’ means the physical location for the Services and includes any building on the site.

‘SMB Customer Application’ means the mobile application that we provide to you as part of the Services.

‘SMB Partner’ means the installer of Hardware engaged by you, as may be updated from time to time.

‘Start Date’ has the meaning given to that term in clause 1.2. 

‘Subscription Fee’ means the fee payable for the Ongoing Services as set out in the quote from the SMB Partner, as may be updated or varied from time to time.

‘Subscription Period’ has the meaning noted at clause 6.1.

'Trademarks' means the trademarks (whether registered or unregistered), logos, brands owned by us, our parent companies or any subsidiaries, divisions or associated companies as well as any third party we have engaged to provide any aspect of the Products and Services. 

17.2 In these Terms:

• Clause and other headings are for ease of reference only and do not affect interpretation.
• Including does not imply any limitations.
• A reference to legislation includes any amendment, re-enactment, consolidation or substitution of that legislation.
• Any reference to “approval”, “consent”, “authorization” or any other similar terms means our approval, consent or authorization acting in our sole and absolute discretion.
• To the extent of any inconsistency, the terms and conditions set out in these Terms will take precedence over any policies, or any other agreement entered into between us relating to the Services (unless expressly agreed otherwise).