Terms and Conditions - Supply of AppyQuote Services

These Terms and conditions apply to the provision of services by APPYQUOTE LTD. A Limited company formed in the UK whose Company Number is 11673088 and whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU (“the Company”)

1.

Interpretation

1.1

Definitions:

Business Day:	a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges:	the charges payable by the Customer for the supply of the Services in accordance with clause 5.
Commencement Date:	has the meaning set out in clause 2.2.
Conditions:	these terms and conditions as amended from time to time in accordance with clause 11.6.
Contract:	the contract between APPYQUOTE LTD and the Customer for the supply of Services in accordance with these Conditions.
Customer:	the person or firm who purchases Services from APPYQUOTE LTD.
Customer Default:	has the meaning set out in clause 4.2.
Deliverables:	the software and documentation services produced by APPYQUOTE LTD for the Customer.
Intellectual Property Rights:	patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights in any jurisdiction.
Order:	the Customer's order for Services as agreed by payment of the AppyQuote charges for the service.
Services:	the services, including the Deliverables, supplied by APPYQUOTE LTD to the Customer as set out in the Specification.
Specification:	the description or specification of the Services provided on the APPYQUOTE web site.
Data Protection Legislation:	the UK Data Protection Legislation and any other legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications.

2.

Basis of contract

2.1

The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.1

The Order shall only be deemed to be accepted on confirmation of payment for the Order at which point and on which date the Contract shall come into existence – the COMMENCEMENT DATE.

2.3

Any samples, drawings, descriptive matter or advertising issued by APPYQUOTE LTD, and any descriptions or illustrations contained in APPYQUOTE LTD's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.4

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5

Any quotation given shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.

3.

Supply of Services

3.1

APPYQUOTE LTD shall supply the Services to the Customer in accordance with the Specification in all material respects.

3.2

APPYQUOTE LTD shall use all reasonable endeavours to meet any performance dates specified in the Specification], but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3

APPYQUOTE LTD shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not adversely affect the nature or quality of the Services, and shall notify the Customer in any such event.

3.4

APPYQUOTE LTD warrants to the Customer that the Services will be provided using reasonable care and skill.

4.

Customer's obligations

4.1

The Customer shall:

(a)

Ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;

(b)

Co-operate with APPYQUOTE LTD in all matters relating to the Services;

(c)

Provide APPYQUOTE LTD with such information and materials as APPYQUOTE LTD may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

(d)

Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start; and

(e)

Comply with any additional obligations as set out in the Specification;

4.2

If APPYQUOTE LTD's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation – CUSTOMER DEFAULT.

(a)

APPYQUOTE LTD shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays APPYQUOTE LTD's performance of any of its obligations;

(b)

APPYQUOTE LTD shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from APPYQUOTE LTD's failure or delay to perform any of its obligations as set out in this clause 4.2; and

(c)

the Customer shall reimburse APPYQUOTE LTD on written demand for any costs or losses sustained or incurred by APPYQUOTE LTD arising directly or indirectly from the Customer Default.

5.

Charges and payment

5.1

The total price for the Services shall be the amount set out in a Customer invoice which identifies charges and terms for recurring payments and shall be paid to APPYQUOTE LTD. All amounts due under this agreement shall be paid by the Customer in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5.2

APPYQUOTE LTD shall invoice the Customer for the stated charges inclusive of VAT.

5.3

The Customer shall pay the invoice submitted to it by APPYQUOTE LTD in full, and in cleared funds, within 30 days of receipt.

5.4

Without prejudice to any other right or remedy that APPYQUOTE LTD may have, if the Customer fails to pay on the due date APPYQUOTE LTD may suspend all Services until payment has been made in full.

5.5

APPYQUOTE LTD may, without prejudice to any other rights it may have, set off any liability of the Customer to APPYQUOTE LTD against any liability of APPYQUOTE LTD to the Customer.

6.

Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by APPYQUOTE LTD.

6.1

The Supplier grants to the Customer a worldwide, non-exclusive, royalty-free, non-transferable licence and deliverables for the purpose of receiving and using the Services and the Deliverables for the term of the Contract.

6.2

The Customer shall not sub-license, assign or otherwise transfer the rights granted in this clause 6.

7.

Limitation of liability

7.1

Nothing in the Contract shall limit or exclude APPYQUOTE LTD's liability for:

(a)

Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b)

Fraud or fraudulent misrepresentation; or

(c)

Any other liability which cannot be limited or excluded by applicable law.

7.2

Subject to clause 7.1, APPYQUOTE LTD shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)

loss of profits;

(b)

loss of sales or business;

(c)

loss of agreements or contracts;

(d)

loss of anticipated savings;

(e)

loss of use or corruption of software, data or information;

(f)

loss of damage to goodwill; and

(e)

any indirect or consequential loss.

7.3

Subject to clause 7.1, APPYQUOTE LTD's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total Charges paid under the Contract.

7.4

This clause 7 shall survive termination of the Contract.

8.

DATA PROTECTION

8.1

The parties will company with General Data Protection Regulations and acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and the Supplier is the processor.

9.

Termination

9.1

Without limiting its other rights or remedies, either party may terminate the Contract by giving the other party 1 months' written notice. If the payment has been made on an annual basis by the Customer then no partial refunds will be made on early termination of the Contract.

9.2

Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a)

The other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

(b)

The other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(c)

The other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d)

The other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

9.3

Without limiting its other rights or remedies, APPYQUOTE LTD may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified to make such payment.

10

Consequences of termination

On termination of the Contract for any reason:

(a)

The Customer shall immediately pay to APPYQUOTE LTD all of its outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, APPYQUOTE LTD shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b)

The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(c)

Clauses which expressly or by implication survive termination shall continue in full force and effect.

11.

General

11.1

Force majeure

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

11.2

Assignment and other dealings

(a)

APPYQUOTE LTD may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b)

The Customer shall not, without the prior written consent of AppyQuote Ltd, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

11.3

Confidentiality

(a)

Each party undertakes that it shall not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.2 (b).

(b)

Each party may disclose the other party's confidential information:

(i)

to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11.3; and

(ii)

as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c)

Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

11.4

Entire agreement

11.5

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.6

Variation

APPYQUOTE LTD may revise these terms and conditions at any time and shall keep a crrent version of the T&C avaiable on the APPYQUOTE web site.

11.7

Waiver

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

11.8

Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

11.9

Notices

(a)

Any notice given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office.

(b)

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include email.

11.10

Third parties

No one other than a party to the Contract shall have any right to enforce any of its terms.

11.11

Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

11.12

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

GDPR Notice

This is the privacy notice of AppyQuote Limited, company number 11673088, a company registered in England and Wales.

Our registered office is at 20-22 Wenlock Road, London, England, N1 7GU

Introduction

This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.

In the context of the law and this notice, 'personal data' is information that identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as 'processing'’'.

This notice applies to personal data collected through our website and social media platforms, including LinkedIn, Instagram, and Twitter.

Except as set out below, we do not share, sell, or disclose any information collected through our website to a third party.

Data Protection Officer

We have appointed a data protection officer ('DPO') responsible for ensuring that our privacy policy is followed.

If you have any questions about how we process your data, including any requests to exercise your legal rights, please contact our DPO, ——————-, at email@appyquote.com

Personal data we process

How we obtain personal data

The information we process about you includes information:

You have directly provided to us
That we gather from third party databases and service providers
As a result of monitoring how you use our website or our services

Types of personal data we collect directly

When you use our website, our services or buy from us, for example, when you create an account on our website, we ask you to provide personal data. This can be categorised into the following groups:

Personal identifiers, such as your first and last names, your title and your date of birth
Contact information, such as your email address, your telephone number and your postal addresses for billing, delivery and communication
Account information, including your username and password
Records of communication between us including messages sent through our website, email messages and telephone conversations
Marketing preferences that tell us what types of marketing you would like to receive

Types of personal data we collect from third parties

3.1

We confirm some of the information you provide to us directly using data from other sources. We also add to the information we hold about you, sometimes to remove the need for you to provide it to us and sometimes in order to be able to assess the quality of the services you offer.

3.2

The additional information we collect can be categorised as follows:

Information that confirms your identity
Business information, including your business trading name and address, your company number (if incorporated), and your VAT number (if registered)
Information that confirms your contact information

Types of personal data we collect from your use of our services

Your username and password and other information used to access our website and our services
Technical information about the hardware and the software you use to access our website and use our services, including your Internet Protocol (IP) address, your browser type and version and your device’s operating system
Usage information, including the frequency you use our services, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages.
Transaction information that includes the details of the products services you have bought from us and payments made to us for those services.
Your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.

Our use of aggregated information

We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.

For example, we may aggregate usage information to assess whether a feature of our website is useful.

However, if we combine or connect aggregated information with your personal data to identify you in any way, we treat the combined information as personal data, and it will be used according to this privacy notice.

If you do not provide personal data we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.

If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.

We may use it in order to:

Verify your identity for security purposes when you use our services
Sell products to you
Provide you with our services
Provide you with suggestions and advice on products, services and how to obtain the most from using our website.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal data.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, we ask you to agree to our use of non-essential cookies when you access our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at support@phundex.com. However, if you do so, you may not be able to use our website or our services further.

We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.

10.

Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

Whether the same objective could be achieved through other means
Whether processing (or not processing) might cause you harm
Whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so For example, we may process your data on this basis for the purposes of:
Improving our services
Record-keeping for the proper and necessary administration of our business
Responding to unsolicited communication from you to which we believe you would expect a response
Preventing fraudulent use of our services
Exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property
Insuring against or obtaining professional advice that is required to manage business risk
Protecting your interests where we believe we have a duty to do so

11.

Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal data.

12.

Information we process to protect vital interests

In situations where processing personal information is necessary to protect someone’s life, where consent is unable to be given and where other lawful bases are not appropriate, we may process personal information on the basis of vital interests.

For example, we may inform relevant organisations if we have a safeguarding concern about a vulnerable person.

13.

How and when we process your personal data

Your personal data is not shared

We do not share or disclose to a third party, any information collected through our website.

Information you provide

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

For example, when you leave a review or post a message on our website, we reasonably assume that you consent for the message to be seen by others. We may include your username with your message, and your message may contain information that is personal data.

Other examples include:

Tagging an image
Clicking on an icon next to another visitor's message to convey your agreement, disagreement or thanks

In posting personal data, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal data that you have posted. You can make a request by contacting us at support@phundex.com

14.

Payment information

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of Stripe or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

15.

Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

16.

Information obtained from third parties

Although we do not disclose your personal data to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal data from third parties whose services we use.

No such information is personally identifiable to you.

17.

Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

18.

Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

19.

Disputes between users

In the event of a dispute between you and another user, provided that you consent, we may share your basic personal data, business information and contact information with the other user.

At our discretion, we may share other information to enable the dispute to be resolved through litigation or alternative dispute resolution methods.

20.

Service providers and business partners

We may share your personal data with businesses that provide services to us, or with business partners.

As examples:

We may pass your payment information to our payment service provider to take payments from you
We may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website
We may pass your contact information to advertising agencies to use to promote our services to you

21.

Referral partners

This is information given to us by you in your capacity as an affiliate of us or as a referral partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.

Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.

We use cookies in the following ways:

To track how you use our website
To record whether you have seen specific messages we display on our website
To keep you signed in to our website
To record your answers to surveys and questionnaires on our site while you complete them
To record the conversation thread during a live chat with our support team

21.

Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

22.

Re-marketing

Re-marketing involves placing a 'tracking technology' such as a cookie, a 'web beacon' (also known as an 'action tag' or a 'single-pixel GIF') to track which pages you visit and to serve you relevant adverts for our services when you visit some other website.

The benefit of re-marketing technology is that we can provide you with more useful and relevant adverts, and not show you ones repeatedly that you may have already seen.

We may use a third-party advertising service to provide us with re-marketing services from time to time. If you have consented to our use of such tracking technologies, you may see advertisements for our products and services on other websites.

We do not provide your personal data to advertisers or to third-party re-marketing service providers. However, if you are already a member of a website whose affiliated business provides such services, that affiliated business may learn of your preferences in relation to your use of our website.

Other matters

Your rights

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

Use of our services by children

We do not sell products or provide services for purchase by children, nor do we market to children.

Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

Delivery of services using third party communication software

With your consent, we may communicate using software provided by a third party such as Facebook (WhatsApp), Apple (Facetime), Microsoft (Skype and Teams) or Zoom Video Communications (Zoom).

Such methods of communication should secure your personal data using encryption and other technologies. The providers of such software should comply with all applicable privacy laws, rules, and regulations, including the GDPR.

If you have any concerns about using a particular software for communication, please tell us.

Data may be processed outside the UK

Our websites are hosted in the UK.

We may also use outsourced services in countries outside the UK in other aspects of our business from time to time. For those outsourced services, we stipulate they be hosted in the EU if not in the UK.

Accordingly, data obtained within the UK or any other country could be processed outside the UK.

We use the following safeguards for data transferred outside the UK:

The processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
The data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority.
We comply with a code of conduct approved by a supervisory authority.
We are certified under an approved certification mechanism as provided for in the Act.
Both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority relating to protection of your information.

Control over your own information

It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.

At any time, you may contact us to request that we provide you with the personal data we hold about you.

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.

This may limit the service we can provide to you.

We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.

Communicating with us

When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

Complaining

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.

We aim to investigate all complaints relating to user-generated content. However, we may not be able to do so as soon as a complaint is made. If we feel that it is justified or believe that the law requires us to do so, we shall remove the content.

Making a complaint may not result in the removal of the content. Ultimately, we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the UK Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

Retention period

Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:

To provide you with the services you have requested
To comply with other law, including for the period demanded by our tax authorities
To support a claim or defence in court

Compliance with the law

Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).

10.

Review of this privacy policy

We shall update this privacy notice from time to time as necessary.