Xreach Ltd Privacy Notice

V2.0 2018-05-24

Contents

  • 1. Introduction
  • 2. Who we are
  • 3. Companies and websites within scope
  • 4. Collection of personal data
  • 5. Lawful basis for the processing of personal data
  • 6. Storage of personal data
  • 7. Security measures
  • 8. Your rights as a data subject
  • 9. Contact us
  • 10. Complaints
  1. Introduction

We appreciate the trust you place in us when sharing your personal data. The security of that data is very important to us. In this document, we will explain how we collect, use and protect your personal data.

We will also explain what rights you have with regards to your personal data and how you can exercise those rights.

  1. Who we are

Xreach Ltd is the data controller for all the organisations within the group. This means that Xreach Ltd determines what data is collected by each organisation within the group, how this data is going to be used and how this data is protected.

Our registered office address is:

Xreach Ltd
Unit C1 Skylon Court
Coldnose Road
Hereford
HR2 6JS
United Kingdom

If you have questions about how we process personal data, or would like to exercise your data subject rights, please email us at [email protected].

  1. Companies and websites within scope

The following companies and websites are within scope for this privacy policy:

Xreach Ltdhttps://xreach.co.uk

 

Unless specifically stated, we consider these websites to be UK based websites; see section 6 below for more information on non-EU data processing.

It includes personal data that is collected through our websites, by telephone, through email and through any related social media applications.

  1. Collection of personal data

We collect personal data from you for one or more of the following purposes:

  • 1. To provide you with information that you have requested or which we think may be relevant to a subject in which you have demonstrated an interest;
  • 2. To initiate and complete commercial transactions with you, or the entity that you represent, for the purchase of products and/or services;
  • 3. To fulfil a contract that we have entered into with you or with the entity that you represent;
  • 4. To ensure the security and safe operation of our websites and underlying business infrastructure, and
  • 5. To manage any communication between you and us.

The table in Section 5 below provides more detail about the data that we collect for each of these purposes, the lawful basis for doing so, and the period for which we will retain each type of data.

Technical information

In addition, and in order to ensure that each visitor to any of our websites can use and navigate the site effectively, we collect the following:

  • Technical information, including the Internet Protocol (IP) address used to connect your device to the Internet;
  • Your login information, browser type and version, time zone setting, browser plug-in types and versions;
  • Operating system and platform;
  • Information about your visit, including the Uniform Resource Locators (URL) clickstream to, through, and from our site.

Our cookies policy, which can be viewed from the home page of each of our web sites, describes in detail how we use cookies.

In Section 8 below, we identify your rights in respect of the personal data that we collect and describe how you can exercise those rights.

  1. Lawful basis for the processing of personal data

The table below describes the various forms of personal data we collect and the lawful basis for processing this data. Our business architecture, accounting and systems infrastructure and compliance organisation means that all personal data is processed on common, Group-wide platforms. We have processes in place to make sure that only those people in our organisation who need to access your data can do so. A number of data elements are collected for multiple purposes, as the table below shows. Some data may be shared with third parties and, where this happens, this is also identified below.

When we process on the lawful basis of legitimate interest, we apply the following test to determine whether it is appropriate:

The purpose test – is there a legitimate interest behind the processing?

Necessity test – is the processing necessary for that purpose?

Balancing test – is the legitimate interest overridden, or not, by the individual’s interests, rights or freedoms?

 

Purpose of collectionInformation categoryData collectedPurpose for collectionLawful basis for processingData shared with?Retention period
1. To provide you with informationSubject matter informationName, company name, geographic location, email address, business sector.To provide appropriate online or email information about products and services that you have requestedContractual fulfilmentInternally onlyMaximum 8 years from the data the information is collected.

6 months if a marketing email is left unopened

To provide further, related, online or email information and ongoing news updates in relation to the identified area of interest.Legitimate interestInternally only
Telephone numberFollow-up to ensure requested information meets needs and identify further requirementsLegitimate interestInternally only
Personal contact information as provided through website forms or at trade shows or any other means.General mailing list subscriptionConsentInternally only
2. Transactional informationTransaction detailsName, physical address, email address, telephone number, bank account details (for credit accounts), other medium of content deliveryTo process purchase transactions for products and services with customers, and to ensure any transaction issues can be dealt with.Contractual performanceInternally onlyMaximum 8 years from the date of the performance of the contract.

6 months from the data the data subject has input personal information but has not proceeded with a transaction.

8 years for VAT records from the performance of the contract

For accounting and taxation purposesStatutory obligationInternally and professional advisers
Documentation should any contractual legal claim ariseLegitimate InterestInternally and professional advisers
Payment card dataPrimary account number (PAN), cardholder name, service code, expiration dateTo fulfil purchase requests using payment cardsContractual performancePayment card companies, all in line with PCI DSSOnly retained whist authorisation is pending.
3. Fulfilment informationFulfilment dataName, dietary requirementsAppropriate catering arrangements for training coursesContractual performanceInternally and training venuesMaximum 6 years from the date of the performance of the contract.
Name, contact and identification detailsAccess to training courses, attendance registersContractual performanceInternally and training venues
Name, contact and identification detailsExam attendance, exam results and certificationsContractual performanceInternally and external examiners, proctors and certification bodies
Name, contact detailsLicensing details necessary for allocation and maintenance of a licence purchased for use of software and related products, distance and e-learning.Contractual performanceInternally and any third parties whose products or services you may have purchased from us.
Name, address(es), email address, contact detailsActual delivery of products or services, in physical or digital form, that you may have purchased from us.Contractual performanceInternally and any third party logistics or supplier companies with whom we contract in order to fulfil these requirements.
4. SecuritySecurity informationTechnical information, as described above, plus any other information that may be required for this purposeTo protect our websites and infrastructure from cyber attach or other threats and to report and deal with any illegal acts.Legitimate interestInternally, forensic and other organisations with whom we might contract for this purpose.Relevant statutes of limitation
5. CommunicationsContact informationNames, contact details, identification detailsTo communicate with you about any issue that you raise with us or which follows from an interaction between us.Legitimate interestInternally and, as necessary, with professional advisers.Relevant statutes of limitation.

 

  1. Storage of personal data

Xreach Ltd is a UK-domiciled organisation whose primary offices are in the UK.

  • Our websites and web applications are hosted in the EU and are accessed only by our EU-based staff.
  • Our customer relationship management, marketing and accounting systems for our business is either EU-based or hosted by companies participating in the EU – U.S. Privacy Shield Framework.
  • We use a wide range of Cloud Service Providers (CSPs) as part of our processing environment. Unless we specifically state otherwise, we are, in respect of all these CSPs, the data controller.
  • Unless we specifically state otherwise all of the CSPs that we use utilise EU-located processing facilities.
  • Our payment processors and banking arrangements are based in the EU
  • We ship and deliver physical products around the world; we therefore use logistics companies that are based outside the EU and operate in other countries. We have appropriate legal and security relationships with those partners.
  • We resell products supplied by organisations outside the EU. This may mean that our resale partner will have access to information about data subjects who purchase their products.
  • We operate a data retention policy in respect of all data, whether paper-based or digital and those aspects of it which relate to personal data are contained in the table at 5, above.
  1. Security measures

Our information security management system (ISMS) is certified to ISO/IEC 27001. Our UK business is also Cyber Essentials Plus certified and all our payment card processing is in compliance with PCI DSS.

We have what we believe are appropriate security controls in place to protect personal data. Risk assessment, including assessing risks to the rights and freedoms of data subjects, is at the heart of our ISMS. We do not, however, have any control over what happens between your device and the boundary of our information infrastructure. You should be aware of the many information security risks that exist and take appropriate steps to safeguard your own information. We accept no liability in respect of breaches that occur beyond our sphere of control.

  1. Your rights as a data subject

As a data subject whose personal information we hold, you have certain rights. If you wish to exercise any of these rights, please email [email protected] or use the information supplied in the Contact us section below. In order to process your request, we will ask you to provide two valid forms of identification for verification purposes. Your rights are as follows:

  • The right to be informed
    As a data controller, we are obliged to provide clear and transparent information about our data processing activities. This is provided by this privacy policy and any related communications we may send you.
  • The right of access
    You may request a copy of the personal data we hold about you free of charge. Once we have verified your identity and, if relevant, the authority of any third-party requestor, we will provide access to the personal data we hold about you as well as the following information:
  • a) The purposes of the processing
    b) The categories of personal data concerned
    c) The recipients to whom the personal data has been disclosed
    d) The retention period or envisioned retention period for that personal data
    e) When personal data has been collected from a third party, the source of the personal data
  • If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. If requests are frivolous or vexatious, we reserve the right to refuse them. If answering requests is likely to require additional time or occasions unreasonable expense (which you may have to meet), we will inform you.
  • The right to rectification
    When you believe we hold inaccurate or incomplete personal information about you, you may exercise your right to correct or complete this data. This may be used with the right to restrict processing to make sure that incorrect/incomplete information is not processed until it is corrected.
  • The right to erasure (the ‘right to be forgotten’)
    Where no overriding legal basis or legitimate reason continues to exist for processing personal data, you may request that we delete the personal data. This includes personal data that may have been unlawfully processed. We will take all reasonable steps to ensure erasure.
  • The right to restrict processing
    You may ask us to stop processing your personal data. We will still hold the data, but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies you may exercise the right to restrict processing:
  1. a) The accuracy of the personal data is contested
    b) Processing of the personal data is unlawful
    c) We no longer need the personal data for processing but the personal data is required for part of a legal process
    d) The right to object has been exercised and processing is restricted pending a decision on the status of the processing
  • The right to data portability
    You may request your set of personal data be transferred to another controller or processor, provided in a commonly used and machine-readable format. This right is only available if the original processing was on the basis of consent, the processing is by automated means and if the processing is based on the fulfilment of a contractual obligation.
  • The right to object
    You have the right to object to our processing of your data where

    • Processing is based on legitimate interest;
    • Processing is for the purpose of direct marketing;
    • Processing is for the purposes of scientific or historic research;
    • Processing involves automated decision-making and profiling.
  1. Contact us

Any comments, questions or suggestions about this privacy policy or our handling of your personal data should be emailed to [email protected]

Alternatively, you can contact us at our global HQ using the following postal address or telephone numbers:

GDPR Compliance Manager
Xreach Ltd
Unit C1 Skylon Court
Coldnose Road
Hereford
HR2 6JS
United Kingdom

Telephone: +44 (0)3332 022 685

Our telephone switchboard is open 09:00 – 17:00 GMT, Monday to Friday. Our switchboard team will take a message and ensure the appropriate person responds as soon as possible.

  1. Complaints

Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

Should you feel unsatisfied with our handling of your data, or about any complaint that you have made to us about our handling of your data, you are entitled to escalate your complaint to a supervisory authority within the European Union. For the United Kingdom, this is the Information Commissioner’s Office (ICO), who is also our lead supervisory authority. Its contact information can be found at https://ico.org.uk/global/contact-us/.

 

Additional Info:

PRIVACY POLICY

We, the Operators of this Website, provide it as a public service to our users. Your privacy is important to the us. Our goal is to provide you with a personalized online experience that provides you with the information, resources, and services that are most relevant and helpful to you. This Privacy Policy has been written to describe the conditions under which this web site is being made available to you. The Privacy Policy discusses, among other things, how data obtained during your visit to this web site may be collected and used. We strongly recommend that you read the Privacy Policy carefully. By using this web site, you agree to be bound by the terms of this Privacy Policy. If you do not accept the terms of the Privacy Policy, you are directed to discontinue accessing or otherwise using the web site or any materials obtained from it. If you are dissatisfied with the web site, by all means contact us via email at [email protected] or use our Contact Page; otherwise, your only recourse is to disconnect from this site and refrain from visiting the site in the future.

The process of maintaining a web site is an evolving one, and the Operators may decide at some point in the future, without advance notice, to modify the terms of this Privacy Policy. Your use of the web site, or materials obtained from the web site, indicates your assent to the Privacy Policy at the time of such use. The effective Privacy Policy will be posted on the web site, and you should check upon every visit for any changes.

Sites Covered by this Privacy Policy

This Privacy Policy applies to all the Operators-maintained web sites, domains, information portals, and registries.

Children’s Privacy

The Operators are committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Operators do not intentionally collect information from minors, and the Operators do not target its web site to children.

Links to Non-Operators Web Sites

The Operators’s web sites may provide links to third-party web sites for the convenience of our users. If you access those links, you will leave the Operators’s web site. the Operators do not control these third-party websites and cannot represent that their policies and practices will be consistent with this Privacy Policy. For example, other web sites may collect or use personal information about you in a manner different from that described in this document. Therefore, you should use other web sites with caution, and you do so at your own risk. We encourage you to review the privacy policy of any web site before submitting personal information.

Types of Information We Collect

Non-Personal Information

Non-personal information is data about usage and service operation that is not directly associated with a specific personal identity. The Operators may collect and analyze non-personal information to evaluate how visitors use the Operators’s web sites.

Aggregate Information

The Operators may gather aggregate information, which refers to information your computer automatically provides to us and that cannot be tied back to you as a specific individual. Examples include referral data (the web sites you visited just before and just after our site), the pages viewed, time spent at our Web site, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.

Log Files

Every time you request or download a file from the web site, the Operators may store data about these events and your IP address in a log file. The Operators may use this information to analyze trends, administer the web site, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.

Cookies

Our site may use a feature of your browser to set a “cookie” on your computer. Cookies are small packets of information that a web site’s computer stores on your computer. The Operators’s web sites can then read the cookies whenever you visit our site. We may use cookies in a number of ways, such as to save your password so you don’t have to re-enter it each time you visit our site, to deliver content specific to your interests and to track the pages you’ve visited. These cookies allow us to use the information we collect to customize your experience so that your visit to our site is as relevant and as valuable to you as possible.

Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our web site may not work properly, and you may be unable to use those of the Operators’s services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. We do not link non-personal information from cookies to personally identifiable information without your permission.

Web Beacons

The Operators’s web site also may use web beacons to collect non-personal information about your use of our web site and the web sites of selected sponsors or members, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our web site and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our web site or those of our sponsors. The Operators do not link non-personal information from web beacons to personally identifiable information without your permission.

Personal Information

Personal information is information that is associated with your name or personal identity. The Operators use personal information to better understand your needs and interests and to provide you with better service. On some of the Operators web pages, you may be able to request information, subscribe to mailing lists, participate in online discussions, collaborate on documents, provide feedback, submit information into registries, register for events, apply for membership, or join technical committees or working groups. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs, passwords, billing information, or credit card information.

Members-Only Web Sites

Information you provide on Operators’s membership applications is used to create a member profile, and some information may be shared with other of the Operators’s individual member representatives and organizations. Member contact information may be provided to other members on a secure web site to encourage and facilitate collaboration, research, and the free exchange of information among the Operators’s members, but we expressly prohibit members from using member contact information to send unsolicited commercial correspondence. The Operators’s members may be automatically added to the Operators’s mailing lists. From time to time, member information may be shared with event organizers and/or other organizations that provide additional benefits to the Operators’s members. By providing us with your personal information on the membership application, you expressly consent to our storing, processing, and distributing your information for these purposes.

How We Use Your Information

The Operators may use non-personal data that is aggregated for reporting about the Operators’s web site usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.

The Operators may use personal information to provide services that support the activities of the Operators’s members and their collaboration on the Operators’s standards and projects. When accessing the Operators’s members-only web pages, your personal user information may be tracked by the Operators in order to support collaboration, ensure authorized access, and enable communication between members.

Credit card information may be collected to facilitate membership applications; or if you purchase a product or service from our website, such information will not be kept longer than necessary for providing the services requested. Credit card numbers are used only for processing payment and are not used for other purposes. Payment processing services may be provided by a third-party payment service, and a management company external to the Operators may provide support for the financial activities of the Operators. the Operators may share your personal information with its partners to facilitate these transactions.

Information Sharing

The Operators does not sell, rent, or lease any individual’s personal information or lists of email addresses to anyone for marketing purposes, and we take commercially reasonable steps to maintain the security of this information. However, the Operators reserve the right to supply any such information to any organization into which the Operators may merge in the future or to which it may make any transfer in order to enable a third party to continue part or all of its mission. We also reserve the right to release personal information to protect our systems or business, when we reasonably believe you to be in violation of our Terms of Use or if we reasonably believe you to have initiated or participated in any illegal activity. In addition, please be aware that in certain circumstances, the Operators may be obligated to release your personal information pursuant to judicial or other government subpoenas, warrants, or other orders.

In keeping with our open process, the Operators may maintain publicly accessible archives for the majority of our activities. For example, posting an email to any of the Operators’s-hosted public mail lists or discussion forums, subscribing to one of our newsletters or registering for one of our public meetings may result in your email address becoming part of the publicly accessible archives.

On some sites, anonymous users are allowed to post content and/or participate in forum discussions. In such a case, since no user name can be associated with such a user, the IP address number of a user is used as an identifier. When posting content or messages to a Operators site anonymously, your IP address may be revealed to the public.

If you are a registered member of an Operators’s website or email list, you should be aware that some items of your personal information may be visible to other members and to the public. The Operators’s member databases may retain information about your name, e-mail address, company affiliation (if an organizational member), and such other personal address and identifying data as you choose to supply. That data may be visible to other of the Operators’s members and to the public. Your name, e-mail address, and other information you may supply also may be associated in the Operators’s publicly accessible records with the Operators’s various committees, working groups, and similar activities that you join, in various places, including: (i) the permanently-posted attendance and membership records of those activities; (ii) documents generated by the activity, which may be permanently archived; and, (iii) along with message content, in the permanent archives of the Operators’s e-mail lists, which also may be public.

Please remember that any information (including personal information) that you disclose in public areas of our web site, such as forums, message boards, and news groups, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.

Given the international scope of the Operators websites, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 (“EU Privacy Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America.

If you do not want your personal information collected and used by the Operators, please do not visit the Operators’s web site or apply for membership of any of the Operators’ websites or email lists.

Access to and Accuracy of Member Information

The Operators are committed to keeping the personal information of our members accurate. All the information you have submitted to us can be verified and changed. In order to do this, please email a request to [email protected] or use our Contact Page. We may provide members with online access to their own personal profiles, enabling them to update or delete information at any time. To protect our members’ privacy and security, we also may take reasonable steps to verify identity, such as a user ID and password, before granting access to modify personal profile data. Certain areas of the Operators’s web sites may limit access to specific individuals through the use of passwords or other personal identifiers; a password prompt is your indication that a members-only resource is being accessed.

Security

The Operators make every effort to protect personal information by users of the web site, including using firewalls and other security measures on its servers. No server, however, is 100% secure, and you should take this into account when submitting personal or confidential information about yourself on any web site, including this one. Much of the personal information is used in conjunction with member services such as collaboration and discussion, so some types of personal information such as your name, company affiliation, and email address will be visible to other the Operators’s members and to the public. The Operators assume no liability for the interception, alteration, or misuse of the information you provide. You alone are responsible for maintaining the secrecy of your personal information. Please use care when use access this web site and provide personal information.

Opting Out

From time to time the Operators may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements.

If you have questions regarding this privacy policy, please contact us via email – [email protected] or by using our Contact Page.

 

Terms and Conditions of Website

These policies (Terms and Conditions of Website and Privacy Policy) may be changed at any time. It is your responsibility to keep up to date with these policies and if you do not agree with them, you should refrain from visiting this site.

These policies were last updated on: 16/03/2017

If you have any questions on these policies please email: [email protected] or use our Contact Page

Legal Notices

We, the Operators of this Website, provide it as a public service to our users.

Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy (found below this policy), which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, United Kingdom securities laws, regulations promulgated by any branch of Government in the United Kingdom, any rules of any national or other securities exchange, and any United Kingdom laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.

User Submissions

The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.

All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators.

If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.

User Discussion Lists and Forums

The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website at their discretion at any time.

Use of Personally Identifiable Information

Information submitted to the Website is governed according to the Operators’s current Privacy Policy (found below this policy) and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please view our Privacy Policy (found on this page, below this policy).

Indemnification

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

General

The Website is hosted in the United Kingdom. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Links to Other Materials

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us via email – [email protected] or use our Contact Page.

 

We credit http://forum-template.wikidot.com/legal:terms-of-use and http://forum-template.wikidot.com/legal:privacypolicy for these policies. They have been adjusted to meet our requirements as a business. The creative commons Attribution-ShareAlike 3.0 Unported license can be found here: https://creativecommons.org/licenses/by-sa/3.0/

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