Last updated: 04 February 2019
This document is provided to ensure you are informed about your rights and obligations when using a website owned or operated by Solviq Ltd.
Unless the context clearly indicates otherwise, throughout this document, terms in the singular form shall include the plural (and vice versa) and any gender form shall include all others. General words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
The terms “we”, “us” and “our” refer to Solviq Ltd, a limited company registered in England and Wales under company number 08040908 and having our registered office at Suite 4, 9-11 Castle Street, Cardiff, CF10 1BS, United Kingdom.
Our VAT registration number is GB 135 3924 15.
To contact us, please write to us at our registered address, telephone us on +44 29 2014 0800, fax us on +44 29 2014 0801, or e-mail firstname.lastname@example.org.
The terms “you” and “your” refer to the user or viewer of our websites.
1. By using our websites you accept these terms
1.2. If you do not agree to these terms, you must not use our websites.
1.3. We recommend that you retain a copy of these terms for future reference.
2. We may make changes to these terms
3. Availability of our websites
3.1. Although we go to considerable effort to ensure the reliability of our websites, we do not guarantee that our websites, or any content therein, will always be available or be uninterrupted. Our websites are provided on an “as is” and “as available” basis.
3.2. Although we go to considerable effort to secure our websites, we do not guarantee that our websites will always be secure or free from bugs or viruses.
3.3. We may suspend or withdraw or restrict the availability of all or any part of our websites for business and operational reasons. We are not obliged to give you advance warning of maintenance.
3. Accessing our websites
3.1. You are responsible for providing and configuring your information technology to access our websites, including any Internet or network connectivity required.
3.2. You are responsible for securing your information technology. You should satisfy yourself that you have taken adequate precautions to protect yourself against against the risks associated with using the Internet, including risks associated with malicious use of our websites by a third party.
3.3. You may be able to access parts of our websites without having to register any details with us. However, from time to time certain parts of our websites may be accessible only if you are a registered user.
4. Registering on our websites
4.1. At our discretion, you may be offered the opportunity to register an account on our website.
4.2. By registering you undertake that all the details you provide to us are true, accurate, current and complete; and you agree to notify us immediately of any changes to such information.
4.3. You must not impersonate another person or organisation when registering for, accessing or using our websites.
4.4. If you are under 18, you may only access our websites in conjunction with and under the supervision of a parent or guardian.
5. You must keep your account details safe
5.1. You are responsible for all actions taken under your account, including any charges incurred as a result of such actions.
5.2. We may provide you with, or ask you to supply, access credentials for your account. “Access credentials” means the username, password, API key, user identification code or other access token required to gain access to our websites. You must treat your access credentials as confidential. You must not disclose them to any third party.
5.3. If you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You should also change your own credentials if you are able to do so.
5.4. We cannot accept responsibility for any actions taken as a result of lost credentials, including where an attacker has correctly guessed a simple password.
6. How you may use material
6.1. We are the owner or the licensee of all intellectual property rights in our websites, and in the content made available via them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2. The fact that material has been made available to you via our websites does not imply that the material has been published, nor that the material was intended for delivery to you by the owner.
6.3. You may print or download a copy of any material from our websites for your personal use, or to draw to the attention of others within your organisation, provided you do not modify the copies in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4. You must not use any material obtained via our websites for commercial purposes,or in any way that would affect the market for the original work, or in any way that might cause the copyright owner to lose revenue, without first obtaining a licence to do so from us or our licensors.
6.5. Where a separate agreement exists between you and the owner or licensee of material that has been made available to you via our websites, these terms are not intended to restrict your use of that material.
7. How you may link to our websites
7.1. You may link to our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.3. The resource within which you are linking must comply in all respects with the content standards set out in these terms and conditions.
7.4. Our websites must not be framed or incorporated within any other website or service without our express written permission.
7.5. We reserve the right to withdraw linking permission without notice.
7.6. If you wish to link to or make any use of content within our websites other than that set out above, please contact us.
8. Third-party content is not approved by us
8.1. Our websites may distribute information and materials supplied by other users of the websites or by third parties. This information and these materials may not have been verified or approved by us, and may not represent our views or values.
8.2. Where our websites contain links to resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked resources or information you may obtain from them.
8.3. If you wish to complain about contributed or linked materials, please contact us.
9. Do not rely on content we provide
9.1. The content we make available via our websites is for information only, and is not intended to amount to professional advice.
9.2. Although we make reasonable efforts to update the information we provide within our websites, we make no representations, warranties or guarantees, whether express or implied, that this content is accurate, complete or up to date.
10. Our responsibility for loss or damage suffered by you
10.1. Notwithstanding any other provision in these terms and conditions, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2. Different limitations and exclusions of liability may apply as a result of the supply of any products or services to you, which will be set out in our terms and conditions of supply.
10.3. If you are a business user:
10.3.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our websites or any content therein.
10.3.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.3.3. In particular, we will not be liable for:
10.4. If you are a consumer user:
10.4.1. Please note that we only provide services to consumer users for domestic and private use. If you use our websites for any commercial or business purposes, you are a business user.
10.4.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or instructions or for damage that was caused by you failing to have in place the minimum system requirements advised by us.
11. Contributing material to our websites
11.1. Whenever you make use of a feature within our websites that allows you to submit or upload material or to make contact with other users of our websites (to “contribute” material), you must comply with the content standards set out within these terms and conditions.
11.2. You warrant that your contributions do comply with our content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our services constitutes a violation of their intellectual property rights, or of their right to privacy.
11.4. We are under no obligation to accept your contribution, and we have the right to refuse or to remove from display any contribution you make on our websites for any reason.
11.5. You are solely responsible for securing and backing up your material.
12. Rights you are giving us to use material you contribute
12.1. When you contribute material, you are granting us a non-exclusive, transferable, royalty-free, worldwide, irrevocable, lifetime licence to store, distribute and process the material in connection with operating our websites.
12.2. The original owner of the material retains all of their ownership rights in the material that you contribute.
12.3. You consent that the material you contribute may be distributed to other users in the course of operating our websites. When you contribute material, the licence you grant us includes the right to sublicense the material to these users as laid out elsewhere in this document.
12.4. You consent that our processing of contributed material may include reformatting, translating or excerpting from its original form.
12.5. You consent that we may retain copies of the material you contribute, even after it appears to be inaccessible via our websites.
12.6. We are under no obligation to retain any copy of your material. In the event of a dispute regarding the intellectual property in your contribution to our websites, the burden of proof lies with you.
13. Content standards
13.1. These content standards apply to any and all material which you contribute (“contributions”).
13.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
13.3. Contributions must:
13.3.1. Be accurate (where they state facts);
13.3.2. Be genuinely held (where they state opinions);
13.3.3. Comply with applicable law in the UK and in any country from which they are posted.
13.4. Contributions must not:
13.4.1. Contain any material which is defamatory of any person;
13.4.2. Contain any material which is obscene, offensive, hateful or inflammatory;
13.4.3. Contain or promote sexually explicit material;
13.4.4. Promote violence;
13.4.5. Promote discrimination based on any grounds, including race, sex, religion, nationality, disability, sexual orientation or age;
13.4.6. Infringe any copyright, database right or trade mark of any other person;
13.4.7. Be likely to deceive any person;
13.4.8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
13.4.9. Promote any illegal activity;
13.4.10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
13.4.11. Be likely to harass, upset, embarrass, alarm or annoy any other person;
13.4.12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
13.4.13. Give the impression that they emanate from us, if this is not the case;
13.4.14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13.5. You must be capable of licensing the material to us as described above, even if you are not the original owner of the material.
13.7. We are under no obligation to oversee, monitor or moderate the contributions to our websites, and we expressly exclude our liability for any loss or damage arising from the use of our websites by a user in contravention of our content standards, whether moderated or not.
14. Acceptable use
14.1. You may use our websites only for lawful purposes.
14.2. You may not use our websites:
14.2.1. In any way that breaches any applicable local, national or international law or regulation.
14.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
14.2.3. For the purpose of harming or attempting to harm or harrass any person in any way.
14.2.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out herein.
14.2.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising, marketing or promotional material or any other form of similar solicitation (spamming).
14.2.6. In connection with social engineering (e.g. phishing).
14.2.7. To knowingly transmit any data, contribute any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.2.8. To such extent that detrimentally affects other users’ access to our websites.
14.3. You must not attempt to interact with our websites in a way that would constitute an offence under the Computer Misuse Act, including for example by attempting to gain unauthorised access or by delivering a denial-of-service attack.
14.4. Unless conducted and reported within the scope of our responsible disclosure policy, we will report any security breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing any details we hold about you to them.
15. Suspension and termination
15.1.1. Temporarily or permanently suspend your right to use our websites;
15.1.2. Temporarily or permanently remove any material contributed by you;
15.1.3. Take legal action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
15.1.4. Disclose such information to law enforcement authorities as we reasonably believe is necessary.
15.2. We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
15.3. Our failure to take timely action in response to a breach of these terms does not constitute condonation or acceptance of the breach, and does not establish a precedent that future breaches will be acceptable.
17. Which country’s laws apply to any disputes?
17.3. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
This document should be read in conjunction with:
We are committed to protecting and respecting your privacy.
This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, in connection with using our websites. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1. By supplying personal data to us, you accept this policy
1.1. If you choose to supply your personal data to us, you are accepting the practices described in this policy.
1.2. If you do not agree to this policy, you should not supply personal data to us.
1.3. If you agree to this policy, but subsequently change your mind and disagree, your courses of action are covered in the section on “Your rights” below.
1.4. We recommend that you retain a copy of this policy for future reference.
2. We may make changes to this policy
3. Data controller
3.1. For legal purposes, we are a data controller.
3.2. Any handling of personal data in connection with operating our websites is solely for the purposes of advertising, marketing and PR.
3.3. As a small business, we have chosen not to appoint a nominated Data Protection Officer.
4. Basis under which we process personal data
4.1. There are certain circumstances under which you will reveal personal details to us, and it is obvious from the context that you would like us to use these details in a particular way. These are set out in the section on “Implied uses of your personal details” below.
4.2. There are other circumstances when we will ask you to supply personal details to us, and when we do so, we will provide you with the opportunity to specify how we are permitted to use these details. These are set out in the section on “Explicit uses of your personal details” below.
4.3. There is some data that you may expose to us in the natural course of accessing and using our websites, which does not directly identify you, but which could be indirectly connected to you with some effort. This is described in the section on “Data that could be indirectly linked to you” below.
4.4. There are some occasions on which we may like to share your personal data with other individuals or organisations. These circumstances are described in the section on “Sharing your personal data” below.
5. Implied uses of your personal details
5.1. When you contribute material, it is clear that this material is generally intended to be stored and distributed to other users of our websites, and that it would be revealed that you contributed the material. If you include any personal details within the material you contribute, these details might be stored and shared.
5.2. If you contact us, you will usually reveal some personal details to us, and to various communications service providers, such as your e-mail address or telephone number. We may use these details to contact you in response to your enquiry.
5.3. In the natural course of operating our business responsibly, we take data backups. This means that, even after your personal data has been deleted from our production systems, copies may persist for a short period, until the retention period of the backup expires.
6. Explicit uses of your personal details
7. Data that could be indirectly linked to you
7.1. There is some technical data that you expose to us in the natural course of accessing our websites, and which you would reasonably expect us to log and process as part of day-to-day operation, maintenance and security. This technical data includes:
7.2.1. Any identifiers that the device you used to access our websites sends to us;
7.2.2. The IP address that was used to connect your device to the Internet, from which it is often possible to deduce your approximate geographic location;
7.2.3. The calling line identity of a telephone you have used to call us, from which it is sometimes possible to deduce your geographic location;
7.2.4. Localization settings of your device, such as time zone or language.
7.2. Once you have personally identified yourself by signing up for an account, it may be possible to indirectly associate some or all of this technical data with you. However it may also be possible for you to adjust your device settings to obfuscate this data or to prevent this data from being exposed to us.
7.3. We may record anonymized analytics about your visit to enable us to improve the performance and user experience of our websites, including:
7.3.1. Your clickstream to, through and from our websites;
7.3.2. Your patterns of navigation and search for information;
7.3.3. Interaction statistics such as page load time, dwell time, scrolling, clicks/taps and mouse-overs.
8. Sharing your personal data
8.1. In general, we will never share your personal details with a third party without your permission. However we do work with some trusted third- party providers, including for example cloud service providers, whom we have engaged to enable us to provide our websites to you. This means they may process some of your personal data on our behalf. We have taken appropriate steps to ensure that this processing is conducted in accordance with this policy.
8.2. In order to supply our websites to you, we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. Naturally, these companies would adhere to this policy.
8.3. In the event that we sell or buy any business or assets, your personal data may be one of the transferred assets of the sale or purchase.
8.4. We may disclose your information to third parties if we fall under a legal duty or obligation to do so, including (by way of example) for the purpose of law enforcement.
9. Data we do not collect
9.1. We do not collect any personal data that falls into the “special categories” of the General Data Protection Regulation, or which would typically be described as “sensitive personal data”, such as data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health, sex life or sexual orientation.
9.2. We do not store financial or payment details.
9.3. We do not make automated decisions or conduct profiling that will produce legal or similarly significant effects on you.
10. Where we store and process your personal data
10.1. We are based in the United Kingdom (UK), and store and process all information on secure servers within the UK or European Economic Area (EEA).
10.2. Some of our suppliers and partners have operations outside the UK and EEA. Therefore, the data that we collect from you may be transferred to, and stored and processed at, a location outside the UK and EEA.
10.3. Some of our suppliers and partners are headquartered outside the UK and EEA. We only work with suppliers or partners in territories that ensure an adequate level of protection for the rights and freedoms of individuals in relation to the processing of personal data.
10.4. The nature of the Internet means your data may pass through a number of countries before it reaches our servers or those of our suppliers or partners. While we go to considerable effort to protect your data within the boundaries of our infrastructure, please remember that we cannot control security beyond these boundaries. In particular, this means that any communications you send unencrypted, including (by way of example) e-mails and phone calls, are not secure and may be intercepted, seen or modified by a third party.
11. How we protect your privacy
11.1. We process data in a manner that ensures its security, by implementing appropriate technical and process controls to protect against unauthorized access or disclosure; malicious interception or interference; accidental loss, destruction or damage; loss of availability under partial failure conditions; and containment and recovery in the event of a breach.
11.2. Where a security breach leading to the destruction, loss, alteration or unauthorized disclosure of personal data is likely to result in a risk to your rights and freedoms, such as (by way of example) a breach that leaves you open to identity theft, we will report this to you and to the authorities.
11.3. We have gone to great lengths to ensure that your personal details are never directly included within the “Data that could be indirectly linked to you” described above, and to ensure that our employees and third- party providers do not routinely have access to the information that would enable them to identify you in connection with this data.
11.4. We aim that data is not retained beyond the period for which it is useful. In particular, the aforementioned technical data and backups ar not retained for significant periods of time.
12. Cookies and similar technologies
12.1. A “cookie” is a small piece of information that is stored within your web browser or device, which can be used to identify your device or to remember preferences. For the purposes of this subsection, we will use the term “cookie” to encompass all technical mechanisms that provide equivalent functionality, including browser cookies, HTML5 local storage and local storage on mobile devices.
12.4. It is widely accepted, and acknowledged by the United Kingdom Information Commissioner’s Office and the European Union advisory body on data protection, that the above uses of cookies do not require your explicit consent. Your consent is implied by using or logging into our websites.
12.6. It may be possible for you to configure your web browser or device to refuse some or all cookies, or to force cookies to be deleted when you exit the browser. Please be aware that some combinations of settings may degrade performance, functionality or experience.
13. Your rights
13.1. You have the right to be informed about how and why we process your personal data. This document lays out this information.
13.2. You have the right to ask us to confirm whether your personal data is being processed, to request a copy of the personal data we hold about you, and to reuse that copy for your own purposes.
13.3. Because we collect and hold your data electronically, we may respond to an access request in a machine-readable, electronic format. You are responsible for providing and configuring your information technology to access and interpret our response. We are under no obligation to adopt or maintain technical compatibility with others’ data formats.
13.4. The purpose of your right of access to your personal data is so that you may verify the lawfulness of data processing. If your request is manifestly unfounded, excessive or repetitive, or if you request further copies of data we have already provided, we are entitled to charge a reasonable fee to cover our administrative costs, or to refuse to respond.
13.5. When you request access to your personal data, we have a duty to verify your identity. To protect your privacy, we will refuse to respond to any requester who cannot satisfy us in this regard.
13.6. You have the right to ask us to erase personal data we hold about you when there is no longer a compelling reason for us to continue to hold it. Typically this means you would need to demonstrate that our use of your data is unfounded or unlawful.
13.7. Please bear in mind that, even after your personal data has been deleted from our production systems, copies may persist for a short period in our disaster recovery backups, until the retention period of the backup expires. In the unlikely event we need to invoke disaster recovery procedures, data that had previously been deleted may be restored, and may need to be deleted again.
13.8. You have the right to object to the way in which we process your personal data, for example if you think we have used your data in a way that you didn’t reasonably expect when the data was supplied to us.
13.9. You have the right to ask us not to process your personal data for direct marketing purposes. You can exercise this right by using the self- service opt-out feature within the marketing communication.
13.10. You have the right to request human intervention in a decision that will have a legal or similarly significant effect upon you, unless the automated decision making process is authorized by law, such as (by way of example only) for fraud prevention. We don’t believe this applies to our websites, but if you think it does, you may exercise your right by contacting us using the details in this document.