We, SEAK Global Limited (Co. No. 09679310), with our registered office address at 11 Axis Court, Mallard Way, Riverside Business Park, Swansea Vale, Swansea, Wales, SA7 0AJ (“We”, “Us” or “SEAK Global”), subject to the appropriate payment having been made, from the Effective Date license You to use:
· The SAFE BUSINESS online platform (Platform), mobile application software (App) and any updates or supplements to it.
· The related online or electronic documentation, describing the functionality of the Platform or App.
DEFINITIONS
In these Terms and Conditions:
“Alert” means an alert via the App from an App User to the Platform and/or Operations Manager.
“ARC Service” means an alarm receiving service operated by Southern Monitoring Services Limited.
“Check-in” means the ability of an App User to check in with the Operations Manager to confirm their location, safety, etc.
“Confidential Information” means information relating to our business, plans, products, the App, the Platform, the Service, pricing or other policies which are not in the public domain.
“Devices” mean mobile telephones, tablets and other devices to be used by Subscribers for the Service.
“App Users” mean employees and officers (all individuals) of the User authorised to use the App.
“Message” & ”Messaging” means a mass message via the Platform and App allowing the Operations Managers to give urgent information to the App Users.
“Operations Manager” means the person(s) authorised to operate the Platform.
“Platform” means SEAK Global’s server-side infrastructure and runtime environment, as described in the Documentation.
“Service” means the provision, receipt and processing of Alerts, Check-ins and Messaging.
“SMS” means Southern Monitoring Services Limited.
“Subscription Fees and Subscription Term”: the subscription fees payable by the User to Us and the applicable subscription term (one, three or 12 months), as set out in the website https://safe-business.Seakglobal.com/. An additional fee is payable if the ARC Services are required.
“Subscribers” mean such of the User’s Operations Managers, User Managers and App Users as are subscribed for the Service.
“Subscriber Subscription” means the package of Subscribers selected by the User.
“User Manager” means a designated person authorised by the User to control access to the Platform and to decide on the App Users.
“You” or “User” means the company, partnership, body, organisation, or person who is subscribing and paying for access to the Platform and authorising its Subscribers to use the Platform and / or the App, as applicable.
YOUR PRIVACY
We only use any personal data We collect through the User’s and Subscribers’ use of the App and the Service in the ways set out in our privacy policy. Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
CHARGES AND PAYMENT
The User shall pay the Subscription Fees to Us for the Subscriber Subscription.
The User shall on the Effective Date provide Us (which for these purposes includes our payment collection provider) with valid, up-to-date and complete credit card details or approved purchase order information acceptable to Us and any other relevant valid, up-to-date and complete contact and billing details and, if the User provides:
· its credit card details to Us, the User hereby authorises Us to bill such credit card: on the Effective Date for the Subscription Fees payable in respect of the Subscription Term; and
· on the expiry of the chosen Subscription Term for the Subscription Fees payable in respect of the next Subscription Term;
· its approved purchase order information to Us,
We shall invoice the User:
· on the Effective Date for the Subscription Fees payable in respect of the first Subscription Term; and
· at least seven days before the expiry of the Subscription Term for the Subscription Fees payable in respect of the next Subscription Term; and
· the User shall pay each invoice within seven days after the date of such invoice.
If We have not received payment within seven days after the due date, and without prejudice to our other rights and remedies:
· We may, without liability to the User, disable the User’s account and password and the User’s access, and all Subscribers’ accounts and passwords and Subscribers’ access, to all or part of the Service and We shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid; and
· interest shall accrue on a daily basis on such due amounts at an annual rate equal to 5% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
All amounts and fees stated or referred to in this agreement shall be payable in either £ sterling, € or US$, are non-cancellable or refundable (unless expressly stated in these terms and are exclusive of VAT for which the User shall be liable in addition.
We shall be entitled to increase the Subscription Fees at the start of each Subscription Term on giving seven days’ prior notice to the User.
ADDITIONAL USER SUBSCRIPTIONS
The User may, from time to time during their chosen Subscription Term, purchase additional App User, Operations Manager and User Manager Subscriptions in excess of the initial number. Subject to payment of our fees, We shall grant access to the Service and the Documentation to such additional Subscribers in accordance with these terms.
You are not permitted to reduce the number or mix of Subscribers during a Subscription Term.
OPERATING SYSTEM REQUIREMENTS
For iPhone users, the App requires an iPhone, with an iOS operating system of at least version 12. For Android users, the App requires an Android operating system of at least version 5.0 (Lollipop).
User acknowledges and accepts that these minimum requirements may change from time to time. While we will use reasonable endeavours to maintain compatibility with major operating systems, this will not be possible if the User does not use Devices that are compatible with our Service as it applies from time to time.
SUPPORT FOR THE APP
If You want to learn more about the App or the Service or have any problems using them, please take a look at our support resources on our website.
Contacting Us (including with complaints). If You think the App or the Service are faulty or wish to contact Us for any other reason, please visit our support page online.
How We will communicate with You. If We have to contact You, We will do so by email, by text or by pre-paid post, using the contact details You have provided to Us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms (and procuring that your Subscribers do so) You and your Subscribers may:
· download or stream a copy of the App onto the Devices (that meet the Device and operating system requirements) up to the maximum number of authorised Subscribers and view, use and display the App and the Service on such Devices for the purposes of your business only;
· use any of the Documentation to support your permitted use of the App and the Service;
· have access to the Platform in order to receive the Service; and
· receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as We may provide to You.
YOU MAY NOT TRANSFER THE APP
We are giving only You and your Subscribers the right to use the App and the Service as set out above. You may not sell, transfer or otherwise dispose of the App or the Service to someone else, whether for money, for anything else or for free. If You sell, transfer or otherwise dispose of any device on which the App is installed, You must remove the App from it.
CHANGES TO THESE TERMS / FURTHER ASSURANCE
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which We introduce.
We will use reasonable endeavours to give You notice of any change via the Platform.
If You do not accept the notified changes You may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to You.
You undertake to accept (and procure that your Subscribers accept) other licences and terms which it may be necessary for us to impose from time to time in order to be able to provide the Service.
UPDATE TO THE APP & CHANGES TO THE SERVICE
From time to time We may automatically update the App and the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, We may ask You to update the App for these reasons.
If You choose not to install such updates or if You opt out of automatic updates You and your Subscribers may not be able to continue using the App and the Service.
We will use all reasonable endeavours to make the App will work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to You when You bought it, but we are not able to guarantee this.
IF SOMEONE ELSE OWNS THE DEVICE WITH THE APP
You will be responsible for complying with these terms, whether or not You own the phone or other device on which You or the App User have downloaded or streamed the App.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICES
By using the App or any of the Service, You agree to Us collecting and using technical information about the Devices on which You and Subscribers use the App and related Platform, software, hardware and peripherals to improve our products and to provide any Service to You.
When an App User leaves the Service, their data is deleted from the live Service and archived securely but only for audit purposes.
WE MAY COLLECT DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Service and the ARC Service will make use of location data sent from App Users’ Devices. The App User can turn off this functionality at any time by turning off the location service settings for the App on their Device, but this will have a serious adverse effect on the Service we can provide to Operations Managers and the ARC Service that SMS will be able to provide. If App Users use our Service (and the ARC Service, if applicable) You warrant that you have their consent for our and our affiliates’ and licensees’ and SMS’s transmission, collection, retention, maintenance, processing and use of their location data and queries to provide and improve the location-based services.
App Users may stop Us collecting such data at any time by turning off the location service settings on their Device.
SCOPE OF SERVICE
We will provide the Service with all reasonable care.
You must ensure that the App is active on your Devices and those of App Users. Operations Managers and User Managers will require an active Internet connection. If any upgrade is made to your App Users’ Devices, You are responsible for ensuring that the App functions correctly following such upgrade.
You acknowledge that the Service may be subject to limitations, delays or other problems.
We are not responsible for delays, delivery failures or loss or damage resulting from communication networks/facilities, including the Internet.
We are not responsible for communication links provided by independent organisations not under our control.
We do not accept responsibility for signal interruptions or transmissions failing to reach Us, You or Subscribers.
You shall ensure that use of the App and the Service is in accordance with all applicable laws.
We do not accept responsibility or any liability for the performance or reliability of equipment not approved or supplied by Us.
Use of the Service or an App feature which requires the use of mobile software installed on the Device may use a significant amount of the Device’s battery power.
Neither We nor any licensors warrant that the Service, the App or any results will be accurate, reliable, error-free, correct, will meet your requirements, will be available at any time or location, will be uninterrupted or secure, will be virus free or that any defects or errors will be corrected.
LICENCE RESTRICTIONS
You agree that You will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from Us;
· not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on Devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are required to achieve interoperability. If You wish to achieve interoperability, please contact Us in the first instance.
LOCATION INFORMATION FEATURES
A number of features on the App rely on or display location information (including Alerts) and the current location address displayed on the home page.
As with all Service provided by the App and Platform, the accuracy, speed and functionality of these features are affected by factors such as network signal, Internet connection and telephone operating system. These features have been designed to be as accurate as reasonably possible, but factors beyond our control, such as weather, geographic coverage and interruptions to line of sight, will determine the reliability of location information.
For iOS Devices, permission for the App to use the Device’s Location Settings should be set to “Always”, in order to maintain accurate location information, even while the Device is not being actively used. Mobile Data and Background App Refresh should also be enabled and Low Power Mode disabled.
For Android Devices, “Allow background data usage” and “Allow App while data saver on” should be enabled, as should “Location” under App permissions as well as Notifications.
ACCEPTABLE USE RESTRICTIONS
You must:
· not use the App, the Platform or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Platform, any Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App, the Platform or any Service, (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, the Platform or any Service;
· not use the App, the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from any Service or our systems.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Platform, the Documentation and the Service throughout the world belong to Us (or our licensors) and the rights in the App and the Service are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, the Platform the Documentation or the Service other than the right to use them in accordance with these terms.
All trademarks, logos, content, layout and devices on our website and App, whether registered or unregistered, are owned by us and or our licensors, with all rights reserved.
We (or our licensors) are and remain the proprietor of the content of the website, the Platform, the Documentation and App. You are permitted to download and print content from the website and App solely for the internal use of your business. The website and App content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the website, the Platform, the Documentation and App for commercial exploitation in any circumstances.
CONFIDENTIALITY
During every Subscription Term and for a period of five years thereafter, You undertake to keep (and procure that all Subscribers keep) our Confidential Information strictly confidential and do not use or copy it other than in the lawful and proper use of the App, the Platform or Service. This restriction will not apply to information which comes into the public domain (other than by your breach of these terms or by any of the Subscribers) or if You are required to disclose it by law.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If We fail to comply with these terms, We are responsible for direct loss or damage You suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, up to an aggregate limit for all and any claims of £500 (but We are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these terms, both We and You knew it might happen.
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 or for fraud or fraudulent misrepresentation.
If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation, subject to the limit stated above. However, We will not be liable for damage that You could have avoided by following our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
We will have no liability to You (or any Subscriber) for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.
LIMITATIONS TO THE APP, THE PLATFORM AND THE SERVICE.
Although We make reasonable efforts to update the information provided by the App and the Service, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Service is operated and controlled from facilities in the UK and We make no representations and give no warranties that the Service, the Platform or App are appropriate or available for use in other locations.
Please back-up content and data used with the App. We recommend that You back up any content and data used in connection with the App or Service, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for You. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described in the Documentation) meet your requirements.
We are not responsible for events outside our reasonable control. If our provision of the Service or Platform or support for the App, the Platform or the Service is delayed or prevented or adversely affected by an event outside our reasonable control (including but not limited to Acts of God, fire, lightening, explosion, war, disorder, flood, industrial dispute (whether or not involving our employees), failure of or interruption to utility supplies, exceptionally severe weather, epidemic or pandemic, ash cloud or acts of local or central government or other authorities) then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays, prevention or adverse effects caused by the event but if there is a risk of substantial delay We may contact You to end your contract with Us and receive a refund for any Service You have paid for but not received.
YOUR BREACH OF THESE TERMS
We may end your rights to use the App, Platform and Service at any time by contacting You if You (or any Subscriber) has broken these terms or those of SMS or another service provider in a serious way. If what You have done can be put right, We will give You a reasonable opportunity to do so (not exceeding seven days from when We notify You).
If We end your rights to use the App, Platform and Service:
· You and your Subscribers must stop all activities authorised by these terms, including your use of the App, Platform and any Service, whether by yourself or any Subscriber.
· You must (and must procure that all Subscribers) delete or remove the App from all Devices in your (or their) possession or control and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
· We may remotely access your Devices and remove the App from them and cease providing You with access to the Service and the Platform.
TRANSFER OF THIS AGREEMENT
We may transfer our rights and obligations under these terms to another organisation. We will always tell You in writing (which may be by text or email) if this happens and We will ensure that the transfer will not affect your rights under these terms.
You may only transfer, lease, share or otherwise dispose of your rights or your obligations under these terms to another person if We agree in writing. You may share the Service and App with your Subscribers.
THIRD PARTY RIGHTS
This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
IF A COURT FINDS ANY OF THESE TERMS UNLAWFUL
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will, at our entire discretion, remain in full force and effect.
DELAY IN ENFORCING THESE TERMS
Even if We delay in enforcing these terms, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breach of these terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
DATA PROTECTION
For the purposes of the Data Protection Act 2018, We are the processor and You are the controller. You are therefore responsible for obtaining the consent of all Subscribers for Us to process their personal data (including name, contact details, location and Device information).
LAW & DISPUTES
These terms and the Service are governed by English law and any dispute must be referred to the exclusive jurisdiction of the English courts.
PRIVACY POLICY
“We”, “us” or “our” refers to SEAK Global Limited (Co. No. 09679310), with our registered office address at 11 Axis Court, Mallard Way, Riverside Business Park, Swansea Vale, Swansea, Wales, SA7 0AJ.
We are committed to protecting your privacy in line with the General Data Protection Regulation (GDPR) and privacy laws.
This Privacy Policy applies to the processing of Personal Data collected or submitted by you in connection with the use of the products and services, (the “Service”), offered by us and our affiliates, partners and suppliers. Please read this Privacy Policy carefully to understand how we collect, use, transfer, and store your data as you use the Service.
We recognise our responsibility to protect your Personal Data and other information you provide through, or as part of, the Service. Wherever reasonably possible we take appropriate technical and organisational information security measures to safeguard your Personal Data against loss, misuse, and unauthorised access.
Please note that if you use the Service as a service provided by your organisation in the capacity as a member of personnel, the organisation is the responsible controller of your Personal Data within the scope of our provision of the Service. We only process data on behalf of your organisation.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICES
By using the App or any of the Service, You agree to Us collecting and using technical information about the Devices on which You and Subscribers use the App and related Platform, software, hardware and peripherals to improve our products and to provide any Service to You.
When an App User leaves the Service, their data is deleted from the live Service and archived securely but only for audit purposes.
WE MAY COLLECT DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The Service and the ARC Service will make use of location data sent from App Users’ Devices. The App User can turn off this functionality at any time by turning off the location service settings for the App on their Device, but this will have a serious adverse effect on the Service we can provide to Operations Managers and the ARC Service that SMS will be able to provide. If App Users use our Service (and the ARC Service, if applicable) You warrant that you have their consent for our and our affiliates’ and licensees’ and SMS’s transmission, collection, retention, maintenance, processing and use of their location data and queries to provide and improve the location-based services.
App Users may stop Us collecting such data at any time by turning off the location service settings on their Device.
DATA WE COLLECT
We may collect the following Personal Data during or in advance of the use of the Service:
· Name
· Email
· Mobile number
· Location
STORAGE OF PERSONAL DATA
We store your Personal Data as long as necessary for us to fulfil the purposes of the Service. This means that we will process your Personal Data as long as you are an active user with our Services.
We may disclose your Personal Data to our data processors or affiliates for the purpose of delivering the Service, for example companies providing the Service or hosting and cloud services companies. In such cases, a data processing agreement will be entered into which ascertains that your Personal Data is processed in accordance with appropriate privacy measures and laws.
YOUR RIGHTS
You have the right to receive confirmation on whether or not we process Personal Data concerning you, and in such cases get access to such Personal Data and also information regarding the Personal Data and how we process it.
You have the right to have incomplete Personal Data about you completed.
You have, under certain circumstances, the right to have Personal Data concerning you erased, for example if the Personal Data are no longer necessary in relation to the purposes for which they were collected or if the Personal Data have been unlawfully processed.
In some circumstances you have the right to obtain restriction of the processing of your Personal Data. For example if you contest the accuracy of the Personal Data, you can also require that we restrict the processing of your Personal Data for such a period that enables us to verify the accuracy of the Personal Data.
CONTROLLER OF YOUR PERSONAL DATA INFORMATION
If you have any additional questions or concerns about this Privacy Policy or our information practices, please feel free to contact us at any time.
SEAK Global Limited
11 Axis Court
Mallard Way
Swansea Vale
Swansea
SA7 0AJ
dpo@seakglobal.com
UPDATE TO THE PRIVACY POLICY & CHANGES TO THE SERVICE
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.seakglobal.com.
