JETBUILT TERMS OF SERVICE AGREEMENT

These Terms of Service set out the basis on which you may use the Jetbuilt.com web application and any associated mobile or desktop applications (“Service”). You should not use this website and/or service if you do not agree to these Terms of Service. Our Terms of Service may be modified at any time. We may also at any time modify the Privacy Policies or introduce new policies regarding the use of this Website and Service. Any reference to our Terms of Service includes all such policies. This Agreement applies to all visitors, registered users, and subscribers who access our website or service.

  1. The Service
    1. Our services allow users to create project estimates for proposal purposes, perform project management, inventory control and other related functions for companies. 
  2. Definitions
    1. In these Terms of Service
      1. “Authorized User” has the meaning given to it in clause 3.2;
      2. “Confidential Information” means all information of a proprietary or confidential nature;
      3. “Jetbuilt”, “We”, “we”, “our” means  Jetbuilt LLC, 120 Newport Center Drive Newport Beach, CA 92626 USA;
      4. “Subscription Charges” means [the charges and fees referred to in clause 6, and set out at jetbuilt.com/pricing;
      5. “Subscription Period” means [a period of X months following payment of the Subscription Charges];
      6. “You”, “you”, “your” means [the individual subscribing to the Service on its own behalf or on behalf of a legal entity and/or each authorized User as the context requires].
  3. User Subscriptions
    1. If you would like to use the features of the Service, you will need to register, create an account, and become a subscriber. 
    2. You will need to enter the main email address of the person with authority over your account in your company, and the email address of each user requesting access to the Service (“authorized User”). You will also be asked to create a login. 
    3. All information provided by you in your registration must be truthful. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. Access to our services is on a per user basis. 
    4. Subject to payment of the Subscription Charges, and subject to you complying with the restrictions on use set out in these Terms of Service, you will be granted a subscription or subscriptions that will allow you and authorized Users use of the Jetbuilt web application during the Subscription Period, for your internal business operations.
    5. You are responsible for adding and subtracting authorized Users from your account as well as cancelling their subscriptions. Jetbuilt does not perform these actions via email, phone or chat support request. Jetbuilt is a self-service product, and these processes are made simple within your online account for your convenience.
  4. Jetbuilt obligations
    1. We make all efforts to maintain our website free from any technical problems. If you encounter any problems, please let us know what your issues are as soon as possible. We make all reasonable efforts to ensure that our website and services are protected from viruses and other destructive software, but we cannot guarantee that either will be at all times free from viruses. We urge you to use reasonable care in downloading information. 
    2. Jetbuilt will provide the Service substantially in accordance with any accompanying documentation and with reasonable skill and care, but this shall not apply to the extent of any non-conformance which is caused by use of the Service contrary to Jetbuilt’s instructions, or modification or alteration of the Service by any party other than Jetbuilt or Jetbuilt’s duly authorized contractors or agents. If the Service does not conform with the foregoing, Jetbuilt will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Jetbuilt’s sole and exclusive remedy for any breach of this clause 4.2.
    3. Jetbuilt:
      1. does not warrant that your use of the Service will be uninterrupted or error-free;
      2. does not warrant that the Service, and/or the information obtained by you through the Service will meet your requirements; 
      3. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service and any accompanying documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  5. Acceptable use
    1. Only adults who are at least eighteen (18) years of age are eligible to register and use our website and service. You must be competent enough to abide by these terms and conditions. 
    2. You are only allowed to use our website and services for lawful purposes. We specifically prohibit any other use of the website and service, including but not limited to the impersonation, claims to represent our company, or falsely represent any relationship with the owners, or employees. 
    3. You are prohibited from allowing any access to any other person or company through your personal username and password. 
    4. You are also prohibited from using any objectionable photos or text, and any of the same that is unlawful. 
    5. You must not tamper with any content on the website or any of the services that are offered. We reserve the right to suspend or cancel the account of any user who does not appropriately use the website or service. If you become aware of any inappropriate use, please notify us at our email address at support@jetbuilt.com.
    6. You must ensure that the authorized Users use the Service in accordance with these Terms of Service and you shall be responsible for any authorized User’s breach of these Terms of Service.
  6. Charges and Payment
    1. All payments must be prepaid for each monthly or yearly period (depending on the selected plan). Any cancellation or downgrading of your account will take place at the end of that pre-paid period. No refunds will be given for the partial month or year, however you will have use of the software until this prepaid period expires.
    2. Should your credit card become unavailable for payment due to limits, expiration dates, etc. you will be emailed a notice that it requires update prior to the next payment due date. You may cancel your subscription at any time.
  7. Proprietary Rights
    1. You acknowledge that all of our services and software contain trade secrets and that Jetbuilt and/or its licensors own all intellectual property rights in the Service, and in order to protect those trade secrets and such intellectual property rights, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy, or create derivative works of the software in whole or in part, nor to permit any third party to do so. You must not share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display our services, except as may be permitted by law.
    2. We retain all rights to any and all of the content on our site. Misuse of any content may be punishable by law.
  8. Confidentiality
    1. You will keep the Jetbuilt’s Confidential Information secret and confidential and shall not:
      1. use such Confidential Information except for the purpose of receiving the Service in accordance with these Terms of Service; or
      2. disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by these Terms of Service, or as may be required by law.
    2. The provisions of clause 8.1 do not apply to information which 
      1. is or becomes generally available to the public (other than as a result of its disclosure by a party in breach of these Terms of Service); 
      2. was available to you on a non-confidential basis before disclosure by the disclosing party; 
      3. was, is or becomes available to you on a non-confidential basis from a person who, to your knowledge, is not bound by a confidentiality agreement with Jetbuilt or otherwise prohibited from disclosing the information to you.
    3. Jetbuilt understands that many of our users are in competition with each other. Jetbuilt’s business model is based on this understanding, and all of our user data is segregated by technical and organisational privacy measures. Accordingly, we agree not to make use of or disclose any proprietary information provided to us except for the provision of our services to you in accordance with these Terms of Service.
    4. Notwithstanding clause 8.3, when you (as a manufacturer or distributor) disclose pricing information to Jetbuilt, it is viewable only by our subscribers who you have authorized to see it, and at the pricing tier that you indicate is appropriate for that particular subscriber. We also compile aggregated data on your products such as pipeline and recently sold information which we can share with you as part of our Vendor Intelligence offering. Except as set out in these Terms of Service, we do not share aggregated data about your products with other third parties. Such third party manufacturers, distributors and users only see aggregated data in relation to their own products. 
    5. Notwithstanding clause 8.3, we may also collect, use and share aggregated data including statistical or demographic data (“Aggregated Data”) for any purpose. Such Aggregated Data could be derived from your business proprietary information but will not directly or indirectly reveal your identity, business, or location. You agree that we may use such Aggregated Data for such purposes.
    6. You may upload your content to our website, and you will maintain the right to retain all rights to that content. You acknowledge and agree that any content that you upload to your account will be visible to us when we log into your account for any reason, including to provide support to you. 
    7.  
    8.  
  9. Liability
    1. When you use our website and services, you are assuming all risks of doing so. You agree that Jetbuilt will not be liable to you for any 
      1. indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this website or the Service;
      2. damages in respect of loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
    2. Subject to clause 9.1, 9.3, and 9.4, our liability will never exceed the total amount of fees that you paid to us in the year immediately preceding any claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you. We reserve the right to cancel our website and service at any time at our discretion.
    3. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the website or the Service or as a result of downloading from the website and service. 
    4. Nothing in these Terms of Service is intended to nor shall it be construed as limiting or excluding our liability in circumstances where it would be unlawful to do so.
  10. Data protection and security
    1. If you are based in the United Kingdom or the European Union, UK or EU data protection legislation applies to your processing of personal data. You are responsible as controller for any personal data of your customers you enter into the Jetbuilt.com web application and you warrant that you have collected any such personal data in accordance with UK and EU law, including where required any requirement to issue transparency notices.
    2. We also draw your attention to our Privacy Policies, and to the security standards with which we comply as set out in the main Privacy Policy.
  11. Third Party Providers
    1. You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. Jetbuilt makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not Jetbuilt. Jetbuilt recommends that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. Jetbuilt does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Service.
  12. Force Majeure
    1. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. 
    2. If the period of delay or non-performance continues for six months, the party not affected may terminate this agreement by giving 30 days’ written notice to the affected party.
  13. Termination
    1. If any of the terms in this agreement are breached, we have the right to cancel your service. 
    2. Without prejudice to clause 13.1, we may also terminate this Agreement and/or your subscriptions if:
      1. You fail to make any payment by its due date;
      2. You are in material breach of these Terms of Service;
      3. You become insolvent.
  14. Law and Jurisdiction
    1. Except where the laws of other jurisdictions are referred to expressly elsewhere in these Terms of Service and the Privacy Policies (such as UK GDPR), any dispute or claim arising out of or in connection with these Terms of Service and Privacy Policies or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of California.
    2. Except where the laws of other jurisdictions are referred to expressly elsewhere in these Terms of Service and the Privacy Policies (such as UK GDPR), each party irrevocably agrees that the courts of Orange County California, U.S.A. shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
  15. Severance
    1. If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Service.
    2. If any provision or part-provision of these Terms of Service is deemed deleted under clause 15.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
  16. Entire agreement
    1. These Terms of Service constitute the entire agreement between the parties and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to their subject matter.
    2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Service.
  17. Assignment
    1. You are not entitled to assign the subscription granted under these Terms of Service without Jetbuilt’s consent, but Jetbuilt may do so without your consent. 
    2. You must not, without our prior written consent, assign, novate, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service.
    3. Jetbuilt may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service.

Jetbuilt, LLC
120 Newport Center Drive Newport Beach, CA 92626 USA
USA Phone: +1 949-220-3848

 


JETBUILT PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

If you are visiting from the United Kingdom or the European Union

If you are visiting from the United Kingdom or the European Union please read our supplementary Privacy Policy.

What personal information do we collect from the people that visit our website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information? 

We collect information in a number of ways including: When you register on our site, enter information about you or your place of business, place an order, subscribe to a newsletter and/or sign up for a subscription.

How do we use your information? 

We may use the information we collect from you when you register, make a purchase, create and manage projects within our application, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

  • To improve our web application in order to better serve you.

  • To allow us to better service you in responding to your customer service requests.

  • To send periodic emails regarding your subscription or other products and services.

How do we protect visitor information? 

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We use cookies to:

  • Understand and save user’s preferences for future visits.

  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you disable cookies, some features will be disabled. It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders .

Third Party Disclosure

We do not sell or trade your Personally Identifiable Information with third parties, and except as set out in this paragraph, we do not transfer your Personally Identifiable Information to third parties. We will share your Personally Identifiable Information with website hosting partners and other third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We will also disclose your information when we believe such disclosure is permitted by law, required by a regulator, or required to comply with law or a valid court order, to enforce our site policies, and to protect our own, or others’ rights, property, or safety, but in each case only to the extent required. We would share your Personally Identifiable Information with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets, and will also share non-personally identifiable visitor information for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act 

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#st. According to CalOPPA we agree to the following: Users can visit our site anonymously. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above. Users will be notified of any privacy policy changes. On our Privacy Policy Page Users are able to change their personal information by logging in to their account.

How long will we hold your data for?

  • Marketing: We will hold your data for a period of 6 years with a review every 3 years. You will have the opportunity to opt out or update or delete data at any point should you need to do so and details are set out in this policy as to how to do that.

  • Subscribed Services: We will hold your data for 7 years unless

  • you ask us to permanently delete your personal information.

Access to your information, correction, portability and deletion

It is your right to request a copy of the information that we hold about you.  If you would like a copy of some or all your personal information, please email or write to us at the following address: Jetbuilt, LLC 120 Newport Center Drive, Newport Beach, CA 92660 USA.  We will respond to your request within one month of receipt of the request.

We want to make sure your personal information is accurate and up to date.  You may correct or remove information you think is inaccurate at any time within the Jetbuilt application.

Your Right to be Forgotten

Should you wish for us to completely delete all information that we hold about you, please email or write to us at the following address: Jetbuilt, LLC 120 Newport Center Drive, Newport Beach, CA 92660 USA

How does our site handle do not track signals? 

We honor,  “Do not track signals”, and do not track plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. Does our site allow third party behavioral tracking? 

It’s also important to note that we do not allow third party behavioral tracking COPPA (Children Online Privacy Protection Act) When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • We will notify the users via email within 1 business day

  • We will notify the users via in site notification within 1 business day

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act 

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to: To be in accordance with CAN-SPAM we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us and we will promptly remove you from ALL correspondence.

Changes to our Privacy Policy

We keep our privacy policy under regular review and we will place any updates on this web page.  This privacy policy was last updated on March 21, 2022 and the Version number is 1.4 in line with the new GDPR guidelines.

How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you:

  • By email: privacy@jetbuilt.com

  • Or write to us at Jetbuilt, LLC 120 Newport Center Drive, Newport Beach, CA 92660 USA.

United Kingdom & European Privacy Policy

Welcome to the Jetbuilt LLC’s additional privacy policy information for visitors from the United Kingdom and the European Union.

Jetbuilt respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law in the United Kingdom and the European Union protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

THESE ARE ALL LINKS TO THESE AREAS OF THE PAGE

1. IMPORTANT INFORMATION AND WHO WE ARE

2. THE DATA WE COLLECT ABOUT YOU

3. HOW IS YOUR PERSONAL DATA COLLECTED?

4. HOW WE USE YOUR PERSONAL DATA

5. DISCLOSURES OF YOUR PERSONAL DATA

6. DATA SECURITY

7. DATA RETENTION

8. YOUR LEGAL RIGHTS

9. GLOSSARY

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Jetbuilt collects and processes your personal data through your use of this website, including any data you may provide through this website when registering on our site, or sending you periodic emails regarding your subscription or other services.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with our main Privacy Policy, and any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Jetbuilt LLC is the controller and responsible for your personal data (collectively referred to as “Jetbuilt”, “we”, “us” or “our” in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager.

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Jetbuilt, LLC

Email address: privacy@jetbuilt.com

Postal address: Jetbuilt, LLC 120 Newport Center Drive, Newport Beach, CA 92660 USA

Telephone number: USA Phone: +1 949-220-3848

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 21 March 2022.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • “Identity Data” include first name, last name, job title.
  • “Contact Data” includes billing address, office address, email address and telephone numbers.
  • “Financial Data” includes payment card details.
  • “Transaction Data” includes details about payments to and from you and other details of products and services you have purchased from us.
  • “Technical Data” includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • “Profile Data” includes your email and password, purchases or orders made by you, preferences, feedback and survey responses.
  • “Usage Data” includes information about how you use our website, products and services.
  • “Marketing and Communications Data” includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any “Special Categories of Personal Data” about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data

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 the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies in the way described in our main Privacy Policy, server logs, and other similar technologies. Please see more information about how we use cookies in our main Privacy Policy.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below.

Technical Data from the following parties:

(a) analytics providers such as Google based outside the UK;

(b) advertising networks; and

(c) search information providers.

    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services Stripe, based outside the UK.
    • Identity and Contact Data from publicly available sources, such as Companies House and the Electoral Register based inside the UK.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity

(b) Contact

Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)]

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences inside your user settings.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our main Privacy Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a number of years after they cease being customers.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

8. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Glossary

LAWFUL BASIS

“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

“Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

“Comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors based in the USA and other countries who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers based in USA who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who may require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

“1 Request access” to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

“2 Request correction” of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

“3 Request erasure” of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

“4 Object to processing” of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

“5 Request restriction of processing” of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

“6 Request the transfer” of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

“7 Withdraw consent at any time” where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Last Edited on 2022-4-15