TeamKinetic Terms And Conditions

Please view the following terms and conditions for using this site, making contact with other users of this site ("Users") and hosting, volunteering at and attending Salford VIP opportunities ("Opportunities") powered by TeamKinetic.

Last updated: December 2017

We, TeamKinetic Limited, registered in England and Wales under company number 8181594 with our registered office at Office 14, Parkway 2, Parkway Business Centre, Princess Rd, Manchester M14 7HR ("TeamKinetic"), provide you with access to our website at TeamKinetic.com and any other domains, microsites or web pages maintained by or on behalf of us (collectively the "Site") subject to the following terms and conditions ("Terms and Conditions"). These Terms and Conditions also apply in relation to any opportunities referred to on the Site that you host, volunteer at and/or attend ("Opportunities").

References in these Terms and Conditions to "we", "us" or "our" mean TeamKinetic. References to "you" or "your" are to you, the individual accessing the Site. If you access the Site on behalf of an organisation such as a potential host of a TeamKinetic event, references to "you" or "your" shall be deemed to include references to that organisation and you represent to us that you, the individual accessing the Site, are authorised to do so, and to make the commitments required by these Terms and Conditions, on behalf of that organisation.

1. Agreement to these Terms and Conditions and related documents

By: (i) using the Site; (ii) (where applicable) ticking the box confirming you accept these Terms and Conditions; or (iii) (where applicable) agreeing to these Terms and Conditions by virtue of providing certain information as notified to you, you indicate your agreement to be legally bound by: (i) these Terms and Conditions; (ii) any documents incorporated into these Terms and Conditions by reference, being our Data Protection and Privacy Policy, our Guidelines on the use of the TeamKinetic logo and any other notices, guidelines and rules published by us on the Site from time to time ("Website Documents"); and (iii) all applicable laws and regulations governing the Site and/or relating to the protection of the TeamKinetic brand and preventing the creation of any unauthorised association with them. You further agree to the use of any information that we may gather relating to you as a result of your use of the Site, in accordance with and as further described in our Data Protection and Privacy Policy.

2. Updates to these Terms and Conditions

We reserve the right to update or otherwise change these Terms and Conditions at any time without notice. If we do so, we shall post the changes on the appropriate page on the Site and indicate at the top of this page when the Terms and Conditions were last updated. Please review these Terms and Conditions regularly to ensure that you are aware of such changes. Your continued use of the Site after such changes are posted indicates your agreement to be legally bound by the updated Terms and Conditions.

3. Use of the Site

a. We grant you permission to use the Site as set out in these Terms and Conditions on condition that you shall access and use the Site solely for lawful and non-profit-making purposes and shall otherwise comply with these Terms and Conditions. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

b. You may not use the Site for any of the following purposes: (i) infringing the rights of, restricting or inhibiting anyone else's use or enjoyment of the Site; (ii) disseminating any unlawful, fraudulent or otherwise objectionable material; (iii) gaining unauthorised access to our computer systems or otherwise breaching applicable laws or regulations; or (iv) transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

c. You may not use the Site if you are under 12. If you are under 16 – please get your parent's or guardian's permission before using any interactive features of the Site (e.g. uploading any content to the site) or providing your name or email address. When you use any interactive features of the Site, do not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address or email address).

4. Contact made through the Site and TeamKinetic Opportunities

Amongst other things, the Site facilitates contact between Users with a view to the hosting of Opportunities. TeamKinetic does not vet Users or take any responsibility for Users. You should make appropriate enquires before making arrangements with other Users or hosting, attending or volunteering at Opportunities.

In relation to Opportunities:
a. Whilst we permit Opportunities to be listed on the Site and may, in some cases, provide marketing, advertising or promotional collateral to be used at the Opportunities ("Collateral"), you acknowledge and accept that we otherwise have no responsibility for any aspect of the Opportunities. In particular, we provide no warranty or assurances in relation to the quality, safety, content, organisation or operation of any Opportunity and disclaim any liability in respect of the Opportunities as further set out in paragraph 11 below.
b. If you are hosting an Opportunity, you agree to do so: (i) in accordance with all applicable laws and regulations (including in relation to health and safety and data protection); (ii) with all due skill, care and professionalism; (iii) using the Collateral in the manner and to the extent prescribed by TeamKinetic; and (iv) in accordance with any agreements made with the owner/operator of the venue where the Opportunity is to be staged (the "Venue Owner"). You further agree not to transfer any personal data that you receive in relation to Users (or other Opportunity attendees) outside of the European Economic Area unless you have notified TeamKinetic and obtained consent from the relevant individual(s).

c. If you are hosting an Opportunity, you agree to consult with TeamKinetic before granting any third party sponsorship, endorsement or promotional rights in relation to that Opportunity, in order to ensure that the rights which TeamKinetic has provided to its official partners are protected. You further agree to liaise with the relevant Venue Owner to ensure that they do everything within their power to prevent ambush marketing from taking place at the Opportunity.

d. If you are attending an Opportunity (including as a volunteer), you agree to: (i) comply at all times with the instructions of the host/organiser of the Opportunity and the Venue Owner; and (ii) assess for yourself the suitability of the Opportunity for your particular purpose.

5. Copyright and intellectual property

a. Subject to paragraph 7 below, all information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or other content, services or materials (and any part of them) accessible on the Site ("Materials") are protected by copyright, trademarks and other intellectual property rights and are the proprietary materials of TeamKinetic and/or our licensors. As between you and TeamKinetic, all rights in the compilation, arrangement and any adaptations of Materials on the Site are owned by TeamKinetic. We reserve all rights that are not specifically granted under these Terms and Conditions

b. Except to the extent otherwise specifically indicated on the Site, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of TeamKinetic and/or our licensors or (as applicable) the owner of the relevant intellectual property rights.

c. The Site is provided for your personal, non-profit-making use only. Any Materials that are specifically permitted for your use are made available solely for your personal, non-profit making use and solely for the purposes stated on the relevant part of the Site. You also agree to comply with any restrictions on downloading or other use of Materials stated on the relevant part of the Site and agree not to modify, adapt or create a derivative work from any Materials except to the extent specifically permitted and except solely for your personal, non-profit-making use. Each reference in these Terms and Conditions to "personal, non-profit-making use" specifically excludes (without limitation): (i) publishing, publicly displaying or otherwise communicating to the public the relevant Material(s) (e.g. via the internet) for any purposes whatsoever; and (ii) use of the relevant Material(s) in promotional or marketing materials for any business or other enterprise (whether in hard-copy form, electronically or otherwise). For the avoidance of doubt, you shall use any Collateral that may be supplied to you by TeamKinetic or the license holder strictly for the purposes, and in accordance with the instructions, notified to you by TeamKinetic or the license holder.

d. The Site is maintained, controlled and operated on our behalf by TeamKinetic from our facilities in the United Kingdom, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.

6. Linking policy

You may not use any link to the Site as a method of creating an unauthorised association between TeamKinetic and any organisation, business, goods or services and you agree that no such link shall portray us or our partners (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner.

We restrict links from the Site to links to the websites or web pages of certain associated and supporting organisations. We are not responsible for the contents or reliability of any website or web page to which the Site (or a linked website) is linked, and do not necessarily endorse the views expressed within them. Linking to or from the Site does not constitute or imply any endorsement, authorisation or association of any kind. We cannot guarantee that links will always work and we have no control over the availability or content of linked pages.

7. User-generated Content

Please read this section carefully before uploading any content to the Site. It gives us, our Successors (as defined below) and Users of the Site permission to use such content. Subject to such permission, you retain ownership of such content.
a. We may now or in the future permit users of the Site to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site ("upload", related words to be construed accordingly) Materials provided by such Users ("User-generated Content" or "UGC" for short). For example, such UGC may take the form of:

  • photographs or other images
  • videos
  • content from social media platforms
  • club registration information
  • provision of Opportunity information; or
  • participant profiles

You acknowledge that, whether or not such UGC is uploaded to any facility on the Site, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.

b. By uploading any UGC, and in consideration of our making available to you the opportunity to upload UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:

(i) you grant to us and to each of our successors in title, assignees and licensees in respect of such UGC ("Successors") a non-exclusive, worldwide, sub-licensable and royalty-free licence of the entire right, title and interest in and to such UGC in order that we and each Successor may use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise communicate to the public (together,"Utilise") such UGC (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website operated by, and in any promotional materials produced by, us or any of our Successors) for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity;

(ii) you grant to us and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by us or our Successors throughout the world to Utilise such UGC in accordance with the above licence and grant of rights;

(iii) you grant to each User a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your UGC through the Site and to Utilise such UGC as permitted through the functionality of the Site and under these Terms and Conditions; and

(iv) in connection with the permitted use of such UGC in accordance with the above licences and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, in favour of us, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such UGC; and (B) you grant to us, each Successor and each User the non-exclusive, royalty-free right to utilise any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.

c. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your UGC (and in any reproductions of the same) as vest in you. If you do not want to grant the rights set out above, do not upload your UGC to the Site.

d. You shall be solely responsible for your own UGC and the consequences of uploading it. By uploading any UGC, you warrant and represent for the benefit of us and our Successors that you own the entire right, title and interest in and to such UGC or have all necessary licences, rights, consents and permissions to use, and to authorise us and each Successor to use, any and all intellectual property rights or other third-party rights in and to such UGC to enable utilisation of such UGC in the manner contemplated by these Terms and Conditions.

e. In connection with UGC, you shall not impersonate another person and shall not upload any UGC that:
(i) is copyrighted, protected under the law of confidence or otherwise subject to third-party rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the relevant third party to upload the UGC and to grant all of the rights granted by you under these Terms and Conditions;
(ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable;
(iii) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, us, any of our Successors or any third party (or such persons' activities, products and/or services);
(iv) is directly or indirectly profit-making or contains any advertisement, promotion or solicitation of business;
(v) contains viruses or any other computer code, corrupt files or programmes designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or
(vi) includes any information about any identifiable individual other than you, unless that individual has agreed to the uploading of that information.
f. You shall, and shall procure that any necessary third party shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the grants of licences and rights under these Terms and Conditions.
g. You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.
h. While we look forward to receiving UGC when we specifically ask for it, it is our policy not to accept or consider ideas, concepts, suggestions or other communications or materials other than those that we have specifically requested and then subject to any specific terms, conditions and requirements that may apply to them. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.

8. Removal of Materials

a. We are entitled at our option, but not obliged, to pre-screen and/or pre-moderate any UGC uploaded by you or other Users, along with any other Materials. We reserve the right in our sole discretion: (i) not to post UGC on the Site; and (ii) to remove, or to suspend or disable access to, Materials at any time without liability and with or without prior notice. In particular, we do not permit infringement of third-party rights on the Site, and we shall remove, suspend or disable access to, any Materials if properly notified that such Materials infringe third-party rights.
b. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send us a notice by email to info@TeamKinetic.co.uk with the subject line "Removal request" and provide us with the following information:
(i) an electronic or physical signature of the rights-owner or a person duly authorised to act on behalf of the rights-owner;
(ii) details of the rights and proprietary material that are claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list, and detailed description of the extent, of such materials);
(iii) details of the Material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit us to locate the Material (including a URL and/or screen shot);
(iv) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address; and
(v) a statement by you that: (A) you believe in good faith that use of the Material in the manner complained of is not authorised by the rights-owner or the rights-owner's agent or by law; (B) the information in the notification is true and accurate; and (C) you are the rights-owner or are duly authorised to act on the rights-owner's behalf.

9. Information on the Site

While we endeavour to provide accurate and up-to-date information on the Site, it is provided for information purposes only, without any guarantee, warranty, representation or endorsement of any kind as to its accuracy or completeness or otherwise (whether express or implied), and it does not constitute professional or legal advice. If it comes to attention that any information on the Site is inaccurate, please let us know by contacting info@TeamKinetic.com.

10. Advertising and sponsorship

Part of the Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that Materials submitted for inclusion on the Site comply with relevant laws, regulations and codes. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship Materials or that they comply with relevant laws, regulations or codes.

11. Disclaimer

To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the Site, any Opportunity and your use of the Site and hosting of or attendance or volunteering at any Opportunity (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). Your use of the Site and/or the Materials and/or your hosting of or attendance or volunteering at a Opportunity is entirely at your own risk. Without limiting the foregoing, we do not warrant or represent that the operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses, nor do we warrant or represent the full functionality, accuracy and reliability of the Materials.

12. Limitation of liability

a. The Site and the Materials are provided "as is" and on an "as available" basis. In no event shall we or any of our Successors be liable to you for any loss of business profits, data or goodwill or for any indirect, special or consequential loss whatsoever, arising out of or in connection with, the use of the Site and/or Materials and/or any Opportunity.
b. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
c. Nothing in these Terms and Conditions excludes or limits our liability for any liability which cannot be excluded or limited under applicable law.

13. Indemnity

You agree to indemnify us on demand against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, any claim or allegation made against us that UGC uploaded to the Site by you infringes anyone else's rights.

14. Miscellaneous

a. These Terms and Conditions and the Website Documents (as the same may be updated from time to time) constitute the entire agreement between you and us regarding your use of the Site. If there is any conflict between this web page and specific terms appearing elsewhere on the Site, such specific terms shall prevail.
b. These Terms and Conditions and the Website Documents have been (or will be) drawn up in the English language. These Terms and Conditions and each of the Website Documents shall be interpreted in the English language. Where these Terms and Conditions or any of the Website Documents (or any part of these Terms and Conditions or a Website Document) is translated into any language in addition to English and there is any conflict in meaning between the English-language version and such translated version, the English-language version shall prevail in all respects.
c. The section headings in these Terms and Conditions and all Website Documents are inserted for convenience only and have no legal or contractual effect.
d. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

15. Governing law and jurisdiction

These Terms and Conditions shall be governed by, and interpreted in accordance with, the law of England, whose courts shall have exclusive jurisdiction over any dispute, claim or matter (including any non-contractual claims) arising under or in connection with these Terms and Conditions.
If you have any queries, comments or feedback about these Terms and Conditions or about the Site, please contact us by email.

TeamKinetic Data Protection and Privacy Policy

Policy Information

Created by – Chris Martin

Reviewed By – Steven Hall / Rolf Herbert

Created on – 1st April 2017

Next review due – April 2018

Introduction

TeamKinetic Ltd. (“TeamKinetic,” “we,” “us,” “our,” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”), individuals who register to use the Services as defined below (“Customers”), and individuals who register to attend the Company’s events (“Attendees”). This Data Protection and Privacy Policy describes TeamKinetic’s data protection and privacy practices in relation to the use of the Company’s Web sites and the related applications and services offered by TeamKinetic (collectively, the “Services”), as well as individuals’ choices regarding use, access and correction of personal information.

If you have questions or complaints regarding TeamKinetic’s Data Protection and Privacy Policy or associated practices, please contact us here.

Why this policy exists

This Data Protection and Privacy Policy ensures TeamKinetic:

  • Complies with data protection law and follow good practice
  • Protects the rights of staff, customers and partners
  • Is open about how it stores and processes individuals’ data
  • Protects itself from the risks of a data breach

Data protection law

TeamKinetic collects, handles and stores personal information in accordance with Data Protection Laws. For the purpose of this Data Protection and Privacy Policy, “Data Protection Laws” shall mean any applicable law which relates to the protection of individuals with regards to the processing of personal data to which TeamKinetic is subject, including the Data Protection Act 1998 and Regulation (EU) 2016/679.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

Policy scope

This policy applies the information practices, including how the Company collects, uses, shares and secures the personal information you provide, in relation to the Services. It applies to the following

  • The head office of TeamKinetic
  • All branches of TeamKinetic
  • All staff and volunteers TeamKinetic
  • All contractors, suppliers and other people working on behalf of TeamKinetic

When expressing an interest in obtaining additional information about the Services, or registering to use the Web sites or other Services, or registering for an event, TeamKinetic requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”).

When using the Services or registering for an event, TeamKinetic may also require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

TeamKinetic may also ask you to provide additional information, that is relevant to your volunteer experience or specific requirements for a particular opportunity or other types of information that we capture as “Customer” defined fields (“Optional Information”).

When volunteers apply for an opportunity with the Company, TeamKinetic may also require you to submit additional personal information as well as a resume or curriculum vitae (“Volunteer Information”).

Required Contact Information, Billing Information, Volunteer Information, Optional Information, and any other information you submit to TeamKinetic to or through the Services are referred to collectively as “Data.”

As you navigate the Services, TeamKinetic may also collect information through the use of commonly-used information-gathering tools, such as cookies (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take in relation to the Services (such as the Web pages viewed and the links clicked).

This policy applies to all Data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Laws.

The Services may contain links to other Web sites. The information practices or the content of such other Web sites is governed by the privacy statements and data protection policies of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.

Use of Information Collected

TeamKinetic will retain your personal data on TeamKinetic’s systems only for as long as is strictly necessary for the purposes for which such data was originally collected (or for such longer period as may be required by law).The Company uses Data about Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company may also use Data about Customers and their authorised users for the purposes of brokering volunteer experiences. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the opportunities.

TeamKinetic’s role in respect of volunteer management and brokerage requires the sharing of relevant personal data between volunteers and providers under the following conditions.

1. Volunteers offer to undertake an opportunity on behalf of a provider.

2. Volunteers are linked to a provider through signing up via a provider’s page or by asking an Admin user to link them to a provider.

Some Required Contact Information, Optional Information and Volunteer Information is shared between users to ensure the opportunity can be undertaken safely.

TeamKinetic uses Billing Information solely to check the financial qualifications and collect payment from prospective Customers and Attendees.

TeamKinetic uses the information collected in the five paragraphs above in order to properly fulfil a contract between you, the data subject, and TeamKinetic.

TeamKinetic may also receive information about Customers and Attendees from other sources, including third parties from whom we have purchased data, and combine this information with Data we already have about you. This helps us to update, expand and analyse our records, identify new customers, and create more tailored brokering to provide products and services that may be of interest to you. TeamKinetic uses Web Site Navigational Information to operate and improve the Services. The Company may also use Web Site Navigational Information alone or in combination with Data about Customers to provide personalised information about the Company.

Team Kinetic uses the information collected in the two paragraphs above in order to achieve the legitimate interest that TeamKinetic has ensuring the Services run as well as possible.

Mobile Applications

Without limiting the generality of this Data Protection and Privacy Policy, in addition to information gathered through the Services, TeamKinetic may obtain information through applications (“Mobile Applications”) that Customers or their authorized individuals (“Users”) download to, and run on, their mobile devices (“Devices”).

Mobile Applications provided by TeamKinetic may obtain information from, or access data stored on, Users’ Devices to provide services related to the relevant Mobile Application. For example, a Mobile Application may: access a camera on a User’s Device to enable the User to upload photographs to the Services; access the call history on a User’s Device to enable the User to upload that information to the Services; access calendar information on a User’s Device to enable the User to match meeting attendees with contacts submitted by the User to the Services; access the geographic location of a User’s Device to enable the User to identify contacts submitted by the User the Services who are nearby; or access contact information on a User’s Device to enable the User to sync contact information between the information that is stored on the User’s Device and the information that is submitted to the Services. Information obtained to provide Mobile Application services may include information obtained in preparation for anticipated updates to those services. Mobile Applications may transmit information to and from Devices to provide the Mobile Application services.

Mobile Applications may provide TeamKinetic with information related to Users’ use of the Mobile Application services, information regarding Users’ computer systems, and information regarding Users’ interaction with Mobile Applications, which TeamKinetic may use to provide and improve the Mobile Application services. For example, all actions taken in a Mobile Application may be logged, along with associated information (such as the time of day when each action was taken). TeamKinetic may also share anonymous data about these actions with third party providers of analytics services. In addition, if a User downloads a TeamKinetic Mobile Application after clicking on a third-party mobile advertisement for the Mobile Application or for TeamKinetic, the third-party advertiser may provide TeamKinetic with certain information, such as the User’s Device identification information, which TeamKinetic may use to track the performance of its advertising campaigns.

Customers may configure TeamKinetic Mobile Application services, and the information accessed or obtained by the Mobile Application on a User’s Device may be affected by the Customer’s configuration. In addition, if a Customer purchases more than one Service from TeamKinetic and its affiliates, a Mobile Application may be designed to interoperate with those Services; for instance, to provide a User with access to information from any or all of those Services or to provide information from a User’s Device to any or all of those Services. Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application.

TeamKinetic may provide updated versions of its Mobile Applications. If your mobile device’s settings permit, those updates will be downloaded and installed automatically on your mobile device. By installing a TeamKinetic Mobile Application on your mobile device, you consent to the downloading and updating of that Mobile Application.

Data Sharing

Customers-

TeamKinetic shares Data with our end customers and opportunity providers regarding any Visitor, Customer or Attendee who signs up via that end customer’s or opportunity provider’s application as outlined in our EULA and customer contract.

Where we rely on your consent for processing any data under this Data Protection and Privacy Policy you may withdraw such consent at any time on written notice to the address listed at the start of this policy. Your withdrawal of such consent may impact Your ability to use some of the Services and to access opportunities.

Opportunity data is shared by TeamKinetic on an opportunity by opportunity basis. All applications that have sharing switched on receive all opportunity Data and cannot filter the opportunities they receive.

Service Providers
TeamKinetic may share Data about TeamKinetic Visitors, Customers and Attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. These service providers are authorized to use your personal information only as necessary to provide the requested services to us. Without limiting the foregoing, TeamKinetic may also share Data about TeamKinetic Visitors, Customers and Attendees with the Company’s service providers to ensure the quality of information provided, and with your consent with third–party social networking and media Web sites, such as Facebook, for marketing and advertising on those Web sites. Unless described in this Privacy Statement, TeamKinetic does not share, sell, rent, or trade any information with third parties for their promotional purposes.

Business Partners
TeamKinetic is free to partner with other companies to jointly offer products or services, such as our API links to other partners. If you specifically consent to receive information about a jointly–offered product or service from or through TeamKinetic, the Company may share Data about TeamKinetic Visitors, Customers and Attendees collected in connection with your expression of interest with our partner(s).

TeamKinetic does not control our business partners’ use of the Data, and their use of the information will be in accordance with their own privacy policies. TeamKinetic will only share your information in this manner if you have provided your consent.

Third Parties

This section of this Data Protection and Privacy Policy, specifically addresses the information we or third parties collect through cookies, and how you can control cookies through your Web browsers.

Log Files, IP Addresses, URLs and Other Data
As is true of most Web sites, we gather certain information automatically to analyse trends in the aggregate and administer our Services. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage and some of this information may be considered personal data under the Data Protection Laws. Due to Internet communications standards, when you visit or use the Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our Website. This information is used to analyse overall trends, to help us improve our Services, to track and aggregate non-personal information, and to provide the Services. For example, TeamKinetic uses IP addresses to monitor the regions from which Customers and Visitors navigate the Services. TeamKinetic also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.

Nielsen/Netratings, Google Analytics and cookies

TeamKinetic uses both Nielsen/Netratings and Google Analytics to gather non-personal information on our visitors. This is done through cookies and code which is embedded on our websites. If you wish to reject the cookies on our website, you will need to turn off cookies in your browser. You can find instructions on how to reject cookies in different browsers http://aboutcookies.org. Please note that, rejecting cookies may mean that some functional will be lost. It is also possible to completely opt out of the Nielsen/Netratings process through the link on their http://netratings.com/privacy.jsp.


Nielsen/Netratings is an independent measurement and research company. The following is Neilsen/Netratings description of what they collect:


"The types of statistical information we may gather on behalf of our clients include the number of visitors to their Web sites, which pages are visited, duration of page views, advertising click-through metrics, the location of visitors prior to accessing their Web site, and details on browsers (including Internet Protocol 'IP' addresses or browser configurations). We use this information to provide our clients with detailed reports and analyses of the traffic to their Web sites. All of this information is provided to clients on a completely anonymous basis."


Google Analytics, owned by Google, Inc. is another way for us to monitor how our visitors are using our service so that we can improve their experience. The following is what Google has to say about their service:


This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.


Social Media Features and Single Sign-on
The Company’s Web sites may use social media features, such as the Facebook “like” button (“Social Media Features”). These features may collect your IP address and which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on the Services to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on the Company’s Web site. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features. TeamKinetic also allows you to log in to certain of our Services using sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form.

Billing
TeamKinetic uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.

International transfer of information collected

All Data is housed in the UK and will not be transferred outside of the European Economic Area unless TeamKinetic has your explicit consent to do so (or we have another legal justification for doing so) and have ensured that all adequate protections are in place in respect of the processing of such data outside of the EEA

Communications preferences

TeamKinetic offers Visitors, Customers and Attendees who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails.

Data protection risks

This policy helps to protect TeamKinetic from some very real data security risks, including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.
  • Failing to offer choice. For instance, all individuals should be free to choose how the Company uses data relating to them.
  • Reputational damage. For instance, the Company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

Everyone who works for or with TeamKinetic has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:

  • The board of directors is ultimately responsible for ensuring that TeamKinetic meets its legal obligations.
  • The Director of implementation, is responsible for:
    • Keeping the board updated about data protection responsibilities, risks and issues
    • Reviewing all data protection procedures and related policies, in line with an agreed schedule
    • Arranging data protection training and advice for the people covered by this policy
    • Handling data protection questions from staff and anyone else covered by this policy
    • Dealing with requests from individuals to see the data TeamKinetic holds about them (also called ‘subject access requests’)
    • Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
  • The Director of Engineering, is responsible for:
    • Ensuring all systems, services and equipment used for storing data meet acceptable security standards
    • Performing regular checks and scans to ensure security hardware and software is functioning properly
    • Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services
  • The Director of Sales and Marketing, is responsible for:
    • Approving any data protection statements attached to communications such as emails and letters
    • Addressing any data protection queries from journalists or media outlets like newspapers
    • Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles

General Staff Guidelines

  • The only people able to access data covered by this policy should be those who need it for their work.
  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
  • TeamKinetic will provide training to all employees to help them understand their responsibilities when handling data.
  • Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
  • In particular, strong passwords must be used and they should never be shared.
  • Personal data should not be disclosed to unauthorised people, either within the company or externally.
  • Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.

Data Storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the Director of Engineering or data controller.

When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

  • When not required, the paper or files should be kept in a locked drawer or filing cabinet.
  • Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
  • Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:

  • Data should be protected by strong passwords that are changed regularly and never shared between employees.
  • If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
  • Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
  • Servers containing personal data should be sited in a secure location, away from general office space.
  • Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
  • Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
  • All servers and computers containing data should be protected byapproved security software and a firewall.

How to use the data safely

  • When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
  • Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
  • Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
  • Personal data should never be transferred outside of the European Economic Area.
  • Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

Data Accuracy

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

  • Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
  • Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
  • TeamKinetic will make iteasy for data subjects to update the information TeamKinetic holds about them. For instance, via the company website.
  • Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
  • It is the Sales and Marketing directors’ responsibility to ensure marketing databases are checked against industry suppression files every six months.

Subject Access requests

All individuals who are the subject of personal data held by TeamKinetic are entitled to:

  • Ask what information the company holds about them and why.
  • Ask how to gain access to it.
  • Be informed how to keep it up to date.
  • Be informed how the company is meeting its data protection obligations.

If an individual contacts the company requesting this information, this is called a subject access request.

Subject access requests from individuals should be made by email, addressed to the data controller at chris@teamkinetic.co.uk . The data controller can supply a standard request form, although individuals do not have to use this.

Individuals will be charged £10 per subject access request. The data controller will aim to provide the relevant data within 14 days.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

Compelled Disclosure
TeamKinetic reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process. In accordance with the Data Protection Laws.

Under these circumstances, TeamKinetic will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.

Providing Information

TeamKinetic aims to ensure that individuals are aware that their data is being processed, and that they understand:

  • How the data is being used
  • How to exercise their rights

You have the right to complain to the Information Commissioner’s Office if You feel that this Data Protection and Privacy Policy or Your rights under it contravene Data Protection Laws.

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