Uncategorized – Bibliotheca https://www.bibliotheca.com Bibliotheca Thu, 11 Sep 2025 22:13:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://www.bibliotheca.com/wp-content/uploads/cropped-G-LBLO1017_2017_bibliotheca_long-term_logo_logomark_only_512px-32x32.png Uncategorized – Bibliotheca https://www.bibliotheca.com 32 32 cloudCheck mobile Privacy Policy https://www.bibliotheca.com/cloudcheck-privacy-policy/ Wed, 17 Jul 2024 12:11:52 +0000 https://bibliostaged.wpengine.com/?p=80494
cloudCheck mobile Privacy Policy
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Privacy Policy for Bibliotheca Limited

Reviewed in September 2025

BIBLIOTHECA Limited (“BIBLIOTHECA”, “we”, “us” or “our”) is committed to protecting the privacy of our clients and users of our BIBLIOTHECA cloudCheck mobile (“cloudCheck mobile”) app (“App”). When you use your BIBLIOTHECA cloudCheck mobile App to borrow a book or other library item, certain information is shared with BIBLIOTHECA and others to make this a useful tool for you. This Policy is intended to help you understand the ways that your information may be collected and used when you use the BIBLIOTHECA cloudCheck mobile application services (“Services”). By indicating that you have “Read” the Privacy Policy or that you “Agree” to the terms of the Privacy Policy you are giving consent to the collection, use and disclosure of your information as described in this policy.

We want to provide a safe and secure user experience. Through this Privacy Policy we aim to inform you about the types of personal data we collect from users, the purposes for which we use the data and the ways in which the data is handled. The information in this Privacy Policy is supplemental to the Privacy Policy for BIBLIOTHECA Limited, where more information is available about how BIBLIOTHECA uses and protects your information. However, the statements and information in this Privacy Policy apply to cloudCheck mobile only, and do not necessarily apply to other products, services, mobile applications, or websites provided by BIBLIOTHECA or its partners.

For the purpose of this Privacy Policy and the App, the Joint Data Controller of personal data is BIBLIOTHECA, and our contact details are set out in the Contact Us section at the end of this Privacy Policy.

Changes to this Policy

BIBLIOTHECA reserves the right to update or modify this Policy, at any time by posting the revised version of this Policy at the Google Play Store, bibliotheca web-site or to merge this Policy into the Privacy Policy for BIBLIOTHECA Limited. We may notify you of changes or amendments made to the Policy via information about the current App version on Google Play Store. The date of the recent revision will be indicated at the top of this Privacy Policy.

How we use your Personal Information

The information you provide will be kept confidential. We will hold, use and disclose your personal information for our legitimate business purposes including:

  • to identify you and authenticate you when using our App;
  • to provide our Services to you as a user, including enhancing your user experience;
  • to fulfill contractual obligations with our clients.
  • to provide further Services to you by sharing your personal information with other companies within our Group of companies as well as trusted third parties. Further details about this are set out in the separate section below on Sharing your Personal Information; and
  • to release personal information to regulatory or law enforcement agencies, if we are required or permitted to do so.

What information is collected and how is it used?

Login Information. We use the identification information such as the location of your library, your patron ID and your password to log you into the cloudCheck mobile app. BIBLIOTHECA transmits this identification information to your library and Integrated Library System (ILS)of your library to validate your account. These data are cached in the app until log out.

App operation. During app operation, the following personal data from the Integrated Library System (ILS) may be retrieved and processed: User name, User e-mail (conditional), User phone number (conditional), User items, reserved and borrowed (conditional), User account balance (conditional), User home address (conditional). These are used in application transaction and will not be stored by the App.

Email Address. When you opt in to notifications via email, we use this email address to send you information regarding the items you have checked-out. The email address and information about the checked-out items are sent to a third-party emailing service, Amazon Simple Notification Service. To ensure reliable transmission of emails we store a copy of the email for up to 14 days in the event that it needs to be re-sent. The App does not store your email address.

Transaction History. When you use our Services, we store information about transactions (borrowed books or other library items) within our Services or other BIBLIOTHECA Services. Transactions executed in application will be sent to Libraryconnect LINK(application management platform). This includes both failed and successful transactions for logging in, borrowing, and renewing items. Management of these data is out of scope of cloudcheck mobile.

Location Information. By default, our Services do not collect, use or store the location of your mobile device. If you opt-in or enable an App feature or setting requiring geolocation information, your location will be transmitted to provide the features that require the location information. Your location information for these purposes is solely used to provide the specific features requiring the information. You may opt-out of these application features at any time via setting on your mobile device.

Usage Data. Our Android app collects anonymous information relating to the performance of the App, such as application crashes. BIBLIOTHECA uses diagnostic services like Crashlytics, a business division of Google Inc. to provide our mobile application developers with information about the functioning of publicly released and beta versions of our mobile applications. This information includes, but is not limited to, device state information, unique device identifiers, device hardware and OS information, information relating to how an application functions, and the physical location of a device at the time of a crash or error event.

Technical logs. Our application collect technical information that might contain personal data. Technical logs are stored in the cloudCheck backend services, are accessible only by the bibliotheca technical department. This data is not kept permanently and will be rolled over during daily operations.

IP Address. An Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet, and which may vary from session to session) is transmitted to our Servers when you use our services. We may store this information on our servers for up to 1 year. We may use this information for business purposes, such as customer service, fraud prevention, ensuring the security of our services, market research, improving our products and services, and for historical, statistical or scientific purposes.

Service and Support. In addition to the above, BIBLIOTHECA and its service providers may access your lending history, and the details of the transactions made with our App in the course of servicing and maintaining the Services.

The Legal Basis for Processing your Personal Information

The main grounds that we rely upon in order to process personal information of our users are the following:

(a) Necessary for entering into, or performing, a contract — in order to perform obligations that we undertake in providing a service to you, or in order to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data;

(b) Necessary for compliance with a legal obligation— we are subject to certain legal requirements which may require us to process your personal data. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency;

(c) Necessary for the purposes of legitimate interests — either we, or a third party, will need to process your personal data for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected. Our legitimate interests include, but are not limited to, responding to requests and inquiries from you or a third party, optimizing our App and customer experience and ensuring that our operations are conducted in an appropriate and efficient manner.

How we share your Personal Information

In certain circumstances we will share your personal information with other parties. We may share your login information (patron identifier), email address (to notify you about items borrowed) and transaction history with the library that you are a member of upon their request or via our services that they have entered into contract with us to use. Your library uses this information to keep their systems up to date and accurate. We may share your patron identifier and book transaction history with 3rd parties at the request of your local library system. The purpose of sharing this data is for catalog integration, library app integration and other systems the library may need access to, so as to service your account. Your library may be subscribed to book recommendation services. We may share your book transaction history via our App with these book recommendation services. Book recommendations are enabled by your library and your book transaction history is sent without your patron identifier to the book recommendation service.

Integrations with Partner Institutions (e.g., Libraries)

When our services integrate with a partner institution’s systems—including single sign-on (SSO) authentication—we may route users directly to the partner’s identity provider for credential handling. In these cases, Bibliotheca does not collect, store, or access user credentials. The partner institution’s privacy policy applies to the handling of such data and supersedes this policy to the extent of any conflict. We recommend reviewing the applicable partner policy for details on their data practices.

Transfer of Information outside the EEA

Under the General Data Protection Regulation, we are required to tell you if we transfer or intend to transfer information which we hold on you to countries outside the European Economic Area (“EEA”). We do not transfer such information outside the EEA.

Trusted Third Parties

We will only share your personal information with trusted third parties where we have retained them to provide services that you have requested or for our legitimate business purposes, such as IT or professional support services. To the trusted Third Parties belong:

  1. your library
  2. Integrated Library System (ILS) provider of your library
  3. Email/SMS Notification Services provider, Amazon Web Services
  4. Crashlytics, a business division of Google Inc.

Regulatory and Law Enforcement Agencies

As noted above, if we receive a request from a regulatory body or law enforcement agency, and if permitted under GDPR and other laws, we may disclose certain personal information to such bodies or agencies.

New Business Owners

If we or our business merges with or is acquired by another business or company, we will share your personal information with the new owners of the business or company and their advisors.

How Long We Will Hold Your Information

We will retain your personal information for the time necessary to provide the Services we perform for you or stated by the purposes outlined in this Privacy Policy. Unless stated otherwise in this policy to be a shorter period, we will retain your information for the duration of your library’s or company’s contract with us. In the event of your library or company leaving and then returning to our service and entering into an agreement that requests user data be restored to its previous state we may retain this data in its original form, or in secure archives (backups) for up to an additional 7 years. At this time or prior we will either anonymize or delete it. If you wish your data to be anonymized prior to the expiration of this period, we will anonymize your data upon request or upon the request of your library or company. You can use the contact form on BIBLIOTHECA’s website or the email contact information at the end of this policy to make your request. Anonymizing data will remove your email address and anonymize the login information you used to access the system.

Security

We respect your information and have put in place measures to ensure the security of the information we collect and store about you. We are committed to protecting your personal data from unauthorized disclosure and/or access including through the use of network and database security measures (though these cannot always guarantee the security of any data which is collected and stored).

Children and Parents

The Services are not intended or permitted for use by persons under 18 years of age without the explicit consent of a parent or guardian. BIBLIOTHECA does not knowingly solicit or collect personal information from or about children through the Services except as permitted under applicable law. If your child has submitted personal information and you would like to request that such information be deleted from our records, you may do so by using the contact form on BIBLIOTHECA’s website or the email contact information at the end of this policy.

Internet based transfers

Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site via third party networks; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

For Citizens and Residents in the EEA (European Economic Area)

You have certain rights in relation to personal information we hold about you. Details of these rights and how to exercise them are set out below. We will require evidence of your identity before we are able to act on your request.

  1. Right of Access
    You have the right at any time to ask us for a copy of the personal information about you that we hold. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your personal information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.
  2. Right of Correction or Completion
    If personal information we hold about you is not accurate, out of date or incomplete, you have a right to have the data rectified, updated or completed. You can let us know by contacting us by using the contact form on BIBLIOTHECA’s website or the email contact information at the end of this policy.
  3. Right of Erasure
    In certain circumstances, you have the right to request that personal information we hold about you is erased — e.g., if the information is no longer necessary for the purposes for which it was collected or processed, or our processing of the information is based on your consent and there are no other legal grounds on which we may process the information.
  4. Right to object
    To or restrict processing In certain circumstances, you have the right to object to our processing of your personal information by contacting us. For example, if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your personal information for direct marketing purposes. You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy.
  5. Right of Data Portability
    In certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format. You can ask us to transmit that information to you or directly to a third-party organization. The above right exists only in respect of personal information that: you have provided to us previously; and is processed by us using automated means. While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third-party organization’s systems. We are also unable to comply with requests that relate to personal information of others without their consent. You can exercise any of the above rights by using the contact form on BIBLIOTHECA website or the email contact information at the end of this policy. Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
  6. Consent
    To the extent that we are processing your personal information based on your consent, you have the right to withdraw your consent at any time. You can do this by using the contact form on BIBLIOTHECA’s website or the email contact information at the end of this policy.

Complaints

If you are unhappy about our use of your personal information, you can contact us using the Email Address: dpo@bibliotheca.com.

You have the right to lodge a complaint with a Supervisory Authority in your country or Member State. These can be found here:

https://europa.eu/youreurope/business/dealing-with-customers/data-protection/data-protection-gdpr/index_en.htm.

Contact Us

Further Information on Data Protection and Personal Privacy If you have any inquiries or if you would like to contact us about our processing of your personal information, including to exercise your rights as outlined above, please contact us by emailing dpo@bibliotheca.com, or by using the contact form on BIBLIOTHECA’s website. When you contact us, you will be required to verify your identity.

]]> Terms of Sale Agreement | Canada https://www.bibliotheca.com/en-ca-terms-of-sale-agreement/ Thu, 07 Mar 2024 15:05:47 +0000 https://bibliostaged.wpengine.com/?p=68795
Bibliotheca
Terms of Sale Agreement | Canada

Terms of Sale | USA Canada

1. Shipment; Title.
All Products delivered to Customer under this Agreement shall be shipped F.O.B. destination to the location stated on Customer’s Purchase Order. Title and risk of loss shall pass to Customer upon delivery. Customer shall pay for all shipping costs. All shipping dates are approximate and not guaranteed. Bibliotheca reserves the right to make partial shipments. Products are deemed automatically accepted on date of delivery based on proof of delivery as products are received at the Customer location. Customer is required to refuse any shipments with obvious damage to the packaging and/or the equipment itself, to take photos of the damage, and list any issues on the delivery waybill. Customer is required to inspect the contents of the delivered shipping boxes within seven (7) days from the day of delivery and report any damage or missing items to your Project Manager or Customer Service Representative, including photos of the contents and the packaging.

2. Delivery.
Customer’s Project Manager or Customer Service Representative will confirm if Customer has any special delivery instructions (e.g., parking restrictions, stairs, narrow entrances, elevators, etc.). Please ensure to indicate any restrictions prior to delivery. Bibliotheca reserves the right to charge for any additional shipping costs as the result of delivery requirements changing. Customers must receive products within 30 days of the mutually agreed upon delivery date, if an extended delay occurs Bibliotheca reserves the right to impose storage fees until delivery.

3. Implementation.
Bibliotheca will provide set-up and configuration services for Products (if applicable) at Customer’s location pursuant to a mutually agreed schedule. Site preparation will be provided by Customer prior to the scheduled date, and will include electrical power, data, conduit runs, hole drilling, moving existing fixtures, wall openings or other building modifications, and other requirements as may be required.

  1. Bibliotheca requires any site remediation identified in the site survey to be completed prior to the start of the installation.
  2.  If the site preparation is not done per the specifications, or Bibliotheca is missing completed questionnaires, Bibliotheca reserves the right to postpone the implementation, or charge for any additional visits required as a result.
  3. Additional charges may apply due to site readiness issues, including delays, need for multiple visits by the installers, or scope changes.
  4. Bibliotheca will provide guidance on where to place equipment in the library, however final placement of all equipment is the responsibility of the Customer.
  5.  For any equipment the Customer requests to implement out-of-specification, Bibliotheca reserves the right to not implement the equipment or may require the Customer to sign a waiver which limits liability and/or warranty coverage.
  6. While on site, the installers may call upon the library’s IT staff who have appropriate credentials to provide access required to install software.
  7.  If changes to the scope of the project are identified after Customer has provided a Purchase Order or a signed quote, an additional or updated quote may be required to reflect this change.

4. Bibliotheca Academy.
Any Bibliotheca Academy courses must be taken within one (1) year after installation of the product.

5. Purchase Orders.
Changes to Purchase Orders can only be made if agreed upon in writing by both parties.

6. Pricing;Payment.
Prices include set up and configuration, if applicable to the Products being purchased, and estimated shipping. Bibliotheca will invoice Customer for the Products and Services at the prices as provided in the applicable Quote in CAD dollars. Customer shall pay invoice(s) per terms stated on the quote and invoice. Final invoices for Products will be issued upon proof of delivery, and all invoices for Services and subscriptions will be issued annually in advance. After the first year, fees for Services will be subject to annual increases, not to exceed 10% per year. Any amounts not paid when due shall accrue interest at a rate of 1.5% per month or the highest rate allowed by applicable law (whichever is greater), until paid in full. Customer hereby grants Bibliotheca a security interest in the Products to secure payment in full. Customer authorizes Bibliotheca, at its election, to file a financing statement reflecting such security interest.

7. Taxes.
Customer agrees it shall be solely liable for and will pay any applicable taxes, fees duties, customs charges, import fees or other charges imposed or assessed with respect to the Services or Products ordered under this Agreement, excluding taxes based upon Bibliotheca’s net income. If Customer is exempt from any such taxes, Customer shall provide Bibliotheca with a tax exemption certificate in advance, valid in the location of delivery or similar document in a form satisfactory to Bibliotheca.

8. Intellectual Property.
Bibliotheca’s Software License Agreement is available on its website at https://www.bibliotheca.com/sales-terms-conditions/

9. Support Services; Limited Warranties; Warranty Disclaimers

  1. Support and Maintenance Services. The current Support and Maintenance Policy is located at https://www.bibliotheca.com/sales-terms-conditions/. Unless otherwise included in the applicable Quote, Customer may elect to purchase Support and Maintenance Services after the first year at Bibliotheca’s then-current rates.
  2. Limited Product Warranty. Bibliotheca warrants Products for one (1) year following the date of delivery to Customer in accordance with its Limited Product Warranty. The Limited Product Warranty is located at https://www.bibliotheca.com/sales-terms-conditions/

i. The warranty period begins upon delivery of the equipment and continues for one year unless otherwise specified.


10. Confidentiality.
Any information supplied by Bibliotheca in response to Customer’s request for quotation and any information provided by bibliotheca regarding the Products and Services (including the Documentation) is confidential information of Bibliotheca. Customer will not use any bibliotheca confidential information for any purpose other than to evaluate Bibliotheca’s proposal and as strictly necessary to exercise the rights granted herein to any Products or Services.

11. Governing Law.
Any claim or dispute arising from, or relating to, this Agreement will be governed by the laws of the Providence of Ontario, Canada, without regard to its conflicts of law provisions.

]]> Terms of Sale Agreement | USA https://www.bibliotheca.com/en-us-terms-of-sale-agreement/ Tue, 13 Feb 2024 11:14:51 +0000 https://bibliostaged.wpengine.com/?p=67182
Bibliotheca
Terms of Sale Agreement | USA

Terms of Sale | USA

1. Shipment; Title.
All Products delivered to Customer under this Agreement shall be shipped F.O.B. destination to the location stated on Customer’s Purchase Order. Title and risk of loss shall pass to Customer upon delivery. Customer shall pay for all shipping costs. All shipping dates are approximate and not guaranteed. Bibliotheca reserves the right to make partial shipments. Products are deemed automatically accepted on date of delivery based on proof of delivery as products are received at the Customer location. Customer is required to refuse any shipments with obvious damage to the packaging and/or the equipment itself, to take photos of the damage, and list any issues on the delivery waybill. Customer is required to inspect the contents of the delivered shipping boxes within seven (7) days from the day of delivery and report any damage or missing items to your Project Manager or Customer Service Representative, including photos of the contents and the packaging.

2. Delivery.
Customer’s Project Manager or Customer Service Representative will confirm if Customer has any special delivery instructions (e.g., parking restrictions, stairs, narrow entrances, elevators, etc.). Please ensure to indicate any restrictions prior to delivery. Bibliotheca reserves the right to charge for any additional shipping costs as the result of delivery requirements changing. Customers must receive products within 30 days of the mutually agreed upon delivery date, if an extended delay occurs Bibliotheca reserves the right to impose storage fees until delivery.

3. Implementation.
Bibliotheca will provide set-up and configuration services for Products (if applicable) at Customer’s location pursuant to a mutually agreed schedule. Site preparation will be provided by Customer prior to the scheduled date, and will include electrical power, data, conduit runs, hole drilling, moving existing fixtures, wall openings or other building modifications, and other requirements as may be required.

  1. Bibliotheca requires any site remediation identified in the site survey to be completed prior to the start of the installation.
  2.  If the site preparation is not done per the specifications, or Bibliotheca is missing completed questionnaires, Bibliotheca reserves the right to postpone the implementation, or charge for any additional visits required as a result.
  3. Additional charges may apply due to site readiness issues, including delays, need for multiple visits by the installers, or scope changes.
  4. Bibliotheca will provide guidance on where to place equipment in the library, however final placement of all equipment is the responsibility of the Customer.
  5.  For any equipment the Customer requests to implement out-of-specification, Bibliotheca reserves the right to not implement the equipment or may require the Customer to sign a waiver which limits liability and/or warranty coverage.
  6. While on site, the installers may call upon the library’s IT staff who have appropriate credentials to provide access required to install software.
  7.  If changes to the scope of the project are identified after Customer has provided a Purchase Order or a signed quote, an additional or updated quote may be required to reflect this change.

4. Bibliotheca Academy.
Any Bibliotheca Academy courses must be taken within one (1) year after installation of the product.

5. Purchase Orders.
Changes to Purchase Orders can only be made if agreed upon in writing by both parties.

6. Pricing;Payment.
Prices include set up and configuration, if applicable to the Products being purchased, and estimated shipping. Bibliotheca will invoice Customer for the Products and Services at the prices as provided in the applicable Quote in US dollars. Customer shall pay invoice(s) per terms stated on the quote and invoice. Final invoices for Products will be issued upon proof of delivery, and all invoices for Services and subscriptions will be issued annually in advance. After the first year, fees for Services will be subject to annual increases, not to exceed 10% per year. Any amounts not paid when due shall accrue interest at a rate of 1.5% per month or the highest rate allowed by applicable law (whichever is greater), until paid in full. Customer hereby grants Bibliotheca a security interest in the Products to secure payment in full. Customer authorizes Bibliotheca, at its election, to file a financing statement reflecting such security interest.

7. Taxes.
Customer agrees it shall be solely liable for and will pay any applicable taxes, fees duties, customs charges, import fees or other charges imposed or assessed with respect to the Services or Products ordered under this Agreement, excluding taxes based upon Bibliotheca’s net income. If Customer is exempt from any such taxes, Customer shall provide Bibliotheca with a tax exemption certificate in advance, valid in the location of delivery or similar document in a form satisfactory to Bibliotheca.

8. Intellectual Property.
Bibliotheca’s Software License Agreement is available on its website at https://www.bibliotheca.com/sales-terms-conditions/

9. Support Services; Limited Warranties; Warranty Disclaimers

  1. Support and Maintenance Services. The current Support and Maintenance Policy is located at https://www.bibliotheca.com/sales-terms-conditions/. Unless otherwise included in the applicable Quote, Customer may elect to purchase Support and Maintenance Services after the first year at Bibliotheca’s then-current rates.
  2. Limited Product Warranty. Bibliotheca warrants Products for one (1) year following the date of delivery to Customer in accordance with its Limited Product Warranty. The Limited Product Warranty is located at https://www.bibliotheca.com/sales-terms-conditions/

i. The warranty period begins upon delivery of the equipment and continues for one year unless otherwise specified.


10. Confidentiality.
Any information supplied by Bibliotheca in response to Customer’s request for quotation and any information provided by bibliotheca regarding the Products and Services (including the Documentation) is confidential information of Bibliotheca. Customer will not use any bibliotheca confidential information for any purpose other than to evaluate Bibliotheca’s proposal and as strictly necessary to exercise the rights granted herein to any Products or Services.

11. Governing Law.
Any claim or dispute arising from, or relating to, this Agreement will be governed by the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions.fv

]]> Sales Terms & Conditions https://www.bibliotheca.com/sales-terms-conditions/ Thu, 08 Jul 2021 12:43:51 +0000 https://bibliodev.local/?p=27338
T & C's

Sales Terms & Conditions

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One Year Limited Warranty
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Support and Maintenance
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Software License Agreement
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Confidentiality policy

Sales Terms & Conditions One Year Limited Warranty

Bibliotheca warrants that the equipment provided in conjunction with any Bibliotheca developed and supplied system to be free from factory defects for a period of one year from date of receipt of equipment.

This limited warranty does not extend to any Bibliotheca product which, in the sole judgment of Bibliotheca has been subjected to abuse, misuse, neglect, improper installation, or accident, or any damage due to use or misuse produced from integration of the products into any mechanical, electrical, or computer systems. Further, any abuse, misuse, neglect, improper installation, accident, enhancement, modification, alteration or change made without Bibliotheca’s written consent will invalidate Bibliotheca’s Limited Product Warranty.

In the event that it is determined the equipment failure is covered under this warranty, Bibliotheca shall, at its sole option, repair or replace the piece of equipment with functionally equivalent or better equipment and return such repaired or replaced equipment without charge for service or return freight.


This limited warranty, except as to title is in lieu of all other warranties or guarantees, either express or implied, and specifically excludes, without limitation, warranties of merchantability and fitness for a particular purpose under the uniform commercial code or arising out of custom or conduct. The rights and remedies provided herein are exclusive and in lieu of any other rights or remedies.
In no event shall Bibliotheca be liable for any indirect or consequential damages, incidental damages, damages to person or property, or other damages or expenses due directly or indirectly to the purchased equipment, except as stated in this warranty. In no event shall any liability of Bibliotheca exceed the actual amount paid to Bibliotheca for a specific piece of equipment involved in the incident.


Unless specifically contracted otherwise, warranty service is provided under the terms and conditions of Bibliotheca’s standard yearly support and maintenance agreement with the exception of any reference to software updates.

Terms and Conditions of Support and Maintenance

What we will do:

Hardware: In consideration of payment of the agreement price, Bibliotheca will furnish labor and replacement parts necessary to maintain the Equipment specified in this agreement in proper operating condition during the term of this agreement, provided that the Equipment is installed by an authorized Bibliotheca Service Provider and used as directed. This Service Agreement covers Equipment failure during normal usage. Bibliotheca agrees to provide:

  • On-site remedial maintenance during On-Site Coverage Hours (except for depot repair agreements) When Bibliotheca is notified that the Equipment is not in good working order. Bibliotheca will provide a toll-free telephone number for Customer to place, and Bibliotheca will receive, Equipment maintenance service calls twenty-four (24) hours per day, seven (7) days per Week.
  • All labor, service parts and Equipment modifications Bibliotheca deems necessary to maintain the Equipment in good working order. All service parts will be furnished on an exchange basis and will be new parts or parts of equal quality. For certain Equipment, Bibliotheca reserves the right to replace the entire unit with new equipment or equipment of equal quality when Bibliotheca determines that replacement is more economical than on-site repair. All Equipment and service parts removed for replacement become the property of Bibliotheca.

Software: In consideration of payment of the agreement price, Bibliotheca will furnish over-the-phone software support and remote troubleshooting of the Bibliotheca Software specified in this agreement as well as updates necessary to maintain the Bibliotheca Software specified in this agreement in proper operating condition during the term of this agreement, provided that the Bibliotheca Software is installed and used as directed. Bibliotheca agrees to provide:

  • All software configuration modifications Bibliotheca deems necessary to maintain the Bibliotheca Software in good working order
  • Bibliotheca Software updates
  • Internet Filter list updates (as applicable)
  • A toll-free telephone number for Customer to place and Bibliotheca to receive software support calls. Over-the-phone software support calls may be placed twenty-four (24) hours per day, seven (7) days per week. Calls will be addressed during Bibliotheca Software Support Coverage Hours in the order they were received.

What is not covered:

The basic maintenance fee does not include and Bibliotheca is not obligated to provide or perform repair of damage or increase in service time caused by (i) failure of Customer to provide continually a proper operating environment and supply of power as prescribed by the Equipment manufacturer; (ii) accident; (iii) Acts of God, including but not limited to fire, flood, water, wind and lightning; (iv) neglect, abuse or misuse; (v) failure of Customer to follow Bibliotheca’s published operating instructions; (vi) modification, service or repair of the Equipment by other than Bibliotheca authorized personnel; (vii) use of Equipment for purposes other than for which designed; (viii) painting or refinishing the equipment; (ix) relocation of the equipment; (x) replacement of broken or damaged cabinetry; to include items such as lattices, base covers, book check covers, etc.; (xi) electrical work external to the Equipment; (xii) cosmetic restoration (e.g., filling of holes in floor or walls, plugging or wire run openings, removal of tape residue, etc.) after removal or relocation of equipment for any reason; (xiii) restoration of Equipment performance when it has been degraded by placement of unauthorized interference sources within the affected range of said equipment; (xiv) service requests related to use of markers (strips) other than those manufactured by Bibliotheca or its authorized distributor(s), (xv) modification, or repair of the Bibliotheca Software by other than Bibliotheca authorized personnel; (xvi) use of the Bibliotheca Software for purposes other than for which designed; (xvii) virus / hacker activity; (xviii) Non- Bibliotheca Software related updates and upgrades including, but not limited to, Operation System, Anti-Virus, Intrusion Detection. (xix) labor or materials associated with consumables such as receipt printer paper, separator jaws, patron counter batteries, and similar items.

 

Software License Agreement

Bibliotheca, LLC hereby grants Customer, who agrees to accept the following licensed rights and limitations (“License”) for Customer’s use, Bibliotheca-provided software. Software: Software, under the terms and conditions of this license (referenced hereinafter as “software”), means any of the following components provided to Customer by Bibliotheca:
  1. Any computer programs provided by Bibliotheca, either consisting of a set of instructions, calculations and/or statements loaded in a computer (or a device which incorporates a computer) or recorded on a computer readable medium for loading in a computer;
  2. Supportive instructional/reference materials, such as training materials, manuals, on-screen tutorials, and other computer program relevant materials whether on paper or computer readable media (“documentation”); and
  • Any new release, update, upgrade, enhancement, addition, supplement, modification of a program or additional Bibliotheca software and/or its documentation provided by Bibliotheca, subsequent to the initial delivery, that is not licensed by specific reference under a mutually agreed upon separate license agreement.

Software License Grant. Subject to the terms and conditions of this Agreement, as well as, but not limited to, any online terms of use, Bibliotheca hereby grants to Customer a limited, non-exclusive, personal, non-transferable, non-assignable and non-sublicensable license to use the Software in connection with the Bibliotheca Software service. Customer acknowledges that all Software is licensed and not sold. By accepting the license set forth in this Agreement, Customer acquires only the right to use the Software in accordance with the terms of this Agreement, only on the specific computer(s) for which it was registered and delivered to Customer, Bibliotheca shall retain sole and exclusive ownership and all rights, title, and interest, including Intellectual Property rights, embodied or associated with the Software. Customer may, for its internal use only, print or otherwise reproduce Bibliotheca-developed documentation if all included Bibliotheca markings, e.g., trademarks, copyrights, and statements of confidentiality, are included on each copy. Customer acknowledges and agrees that any third-party documentation supplied by Bibliotheca, which is marked as copyrighted and/or confidential, shall not be copied or reproduced in any manner.

License Restrictions. Customer shall not him or herself, or through any affiliate, employee, consultant, contractor, agent or other third party:

  1. Sell, resell, distribute, lease, rent, license or sublicense, in whole or in part, the Software;
  2. Decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Software, including the license keys, in whole or in part, for any purpose;
  3. Allow access to, provide, divulge or make available the Software, Intellectual Property or Confidential Information to anyone other than Library’s employees and independent contractors, with the exception of extending online data inquiry access to patrons, other libraries and third-party entities, such as in the form of a public access catalog;
  4. Modify, adapt, translate or otherwise make any changes to the Software or any part thereof;
  5. Use any Software, Intellectual Property or Confidential Information to provide processing services to third parties, such as a commercial time-sharing or service bureau; or
  6. Otherwise use or copy the Software, except as expressly permitted herein.


System Data. Customer acknowledges and agrees that, as between the parties, Bibliotheca owns all System Data and may use the System Data for other commercial purposes, including to improve the System and its services; provided that Bibliotheca will not disclose any of Customer personally identifiable information.

Reservation of Rights. Except for the license rights expressly granted herein, all rights, titles and interests in the Software remains with and are reserved by Bibliotheca and its licensors or suppliers.

Term of License: This license shall remain in force from the date of delivery and continue until Customer ceases all use of the software or Customer’s licensed rights are terminated for cause. Customer acknowledges and agrees that if this Agreement terminates for any reason, all of Customer’s licensed rights to the software (including documentation) are relinquished and, within five business days thereafter, Customer (at Bibliotheca’s option) will either deliver to Bibliotheca or destroy the original and all copies of the software including its documentation. Upon Bibliotheca’s request, Customer agrees to certify to Bibliotheca in writing its full compliance with this provision.

Assignment: This license and any rights granted herein shall not be transferred, sub-licensed or assigned to any third party without the prior written consent of Bibliotheca.

Termination: If Customer neglects or fails to pay the specified license fees or fails to adhere to any of its obligations hereunder, this license may be immediately terminated by Bibliotheca for cause.  

Security and Limitations of License: Customer acknowledges and agrees that:

  1. All software and upgrades of software (including its documentation), which are provided to Customer by Bibliotheca, contain proprietary copyrighted, trade secret and/or confidential information of Bibliotheca or its relevant third-party provider;
  2. Customer shall not decrypt, reverse engineer, reverse compile, modify, or create derivative works of the software;
  • Customer and its employees shall take all reasonable precautions to safeguard and hold all software, including upgrades, additions and enhancements, in confidence, at least to the same extent that it protects its own most valuable confidential information;
  1. If any other communication, agreement or purchase order conflicts with, or may affect interpretation of, the understandings set forth herein, this license shall control as the singular expression of licensed rights.

Confidentiality Policy

1.1 Receiving Party shall maintain the confidentiality of Bibliotheca’s Confidential Information and will not disclose it to any third party, except as authorized by Bibliotheca in writing, and shall handle Confidential Information with no less than reasonable care.

1.2 Receiving Party shall use the Confidential Information only for the Purpose and shall promptly notify Bibliotheca upon discovery of any unauthorized use, access or disclosure of the Confidential Information. If such unauthorized use occurs, Receiving Party shall take reasonable steps to regain possession and protection of the Confidential Information and prevent further unauthorized action or breach of this Agreement.

1.3 Receiving Party shall ensure that all Confidential Information is not used by its directors, officers or employees, except as provided in paragraph 2 above, and that all Confidential Information is kept fully private and confidential by them. Receiving Party will not copy, alter, modify, disassemble or reverse engineer the Confidential Information.

1.4 Receiving Party has no obligation to preserve the confidentiality of any information that: (a) was in the public domain at the time of receipt from either party or became part of the public domain through no fault of either party; (b) was received rightfully without any obligation to keep it confidential by a third party who has a right of further disclosure; (c) is subsequently and independently developed by the recipient without access to the Confidential Information; or (d) is required to be disclosed under applicable law, court order, or other governmental authority lawfully demanding Confidential Information, provided that Receiving Party, to the extent legally permissible, gives prompt written notice of the request, a reasonable opportunity to object to the disclosure and to seek a protective order or other appropriate remedy, and uses reasonable efforts to limit disclosure.

1.5 Confidential Information disclosed under this Agreement will remain the property of Bibliotheca. Nothing herein contained shall be deemed to grant Receiving Party any rights to use or exploit or license under any know-how, technology, inventions, ideas, concepts, identity of products or processes included in the Confidential Information. Each party acknowledges that the other party may already have products or services similar to or competitive with those disclosed in the party’s Confidential Information provided notice of that conflicting was furnished prior to signing the Agreement.

1.6 All information shall be furnished on an “as-is” basis, without a representation or warranty of any kind as to its accuracy or completeness. Nothing contained in this Agreement shall compel Bibliotheca to furnish information to Receiving Party.

1.7 Receiving Party will return, or, at Bibliotheca’s option, destroy all Confidential Information, including deletion of data, and will return or destroy all copies thereof made by the party, its directors, officers or employees and any notes or memoranda relating to the Confidential Information prepared by the party, its directors, officers or employees. Notwithstanding the foregoing, and subject to the terms of this Agreement, Receiving Party may retain a copy of the Confidential Information as required for compliance with its internal recordkeeping requirements.

1.8 Receiving Party acknowledges that disclosure or use of the Confidential Information contrary to the terms of this NDA may cause irreparable harm, for which damages at law may not be an adequate remedy, and therefore, should such harm arise, Bibliotheca shall be entitled to seek enforcement by specific performance, appropriate temporary or permanent injunctive, mandatory relief, or any other form of relief sought in any court of competent jurisdiction.

1.9 Any information supplied by Bibliotheca in response to Library’s request for quotation or information and any information provided by Bibliotheca regarding the equipment or software is Bibliotheca’s Confidential Information and, except as required by applicable law, may not be otherwise disclosed or used.

]]> Uncategorized | Bibliotheca nonadult General Data Protection Regulation (GDPR) https://www.bibliotheca.com/general-data-protection-regulation-gdpr/ Wed, 18 Apr 2018 20:41:00 +0000 https://bibliodev.local/?p=22159

General Data Protection Regulation (GDPR)

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Bibliotheca Group Commitment

Introduction

On 25th May 2018, the EU General Data Protection Regulation (GDPR) comes into effect. Its aim is to protect the right to privacy for all EU residents. EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed.

GDPR will impact every organisation which holds or processes personal data. It introduces new responsibilities to protect citizens’ data and to demonstrate compliance with the standards. It also clarifies how EU personal data laws apply outside the EU. GDPR has more strict enforcement and significantly higher penalties than the current Data Protection Act (DPA) which it will replace.

Compliance

bibliotheca is committed to high standards of information security, privacy and transparency. We place a high priority on protecting and managing data in accordance with accepted standards – we’ve always complied with regulations and will continue to do so. Our business leaders and key executives are fully aware of the significance and impact of GDPR on our business, as well as our customers’ businesses.

We have fully assessed the GDPR requirements and have put in place a dedicated internal project team to ensure we meet those new requirements. bibliotheca has also partnered with leading experts in GDPR and Cyber Security to assist us in this process.

We are undertaking risk assessments to include more detailed consideration of the data types we hold and a data protection impact analysis of the personal information we store and process. Additionally, we are reviewing and updating policies such as incident response plans and backup data retention.

Some of our additional initiatives are:

  • Reviewing contracts with our third party service providers and amending where necessary
  • Employee awareness training
  • Creating a culture of privacy by design and working to identify risks and establish processes for Data Protection Impact Assessments for high-risk processing operations

bibliotheca as a company is committed to providing secure products and services by implementing and adhering to prescribed compliance policies, both as a data controller and processor. The upcoming GDPR is critical to our mission of providing EU and all our global customers with safe and dependable business products and services.

About Bibliotheca

For over 50 years, Bibliotheca has partnered with libraries to support their evolving needs. We provide integrated technology solutions that help libraries improve operations and enhance user experiences.

We work with 30,000 libraries worldwide, offering tools that streamline services for both patrons and staff. Our team includes experienced librarians who understand the operational challenges libraries face and the demands of modern library services.

For more information on this release, please contact
info@bibliotheca.com.

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