ACCEPTANCE
OF TERMS
The
services that Smart-Survey may provide to you are subject to the
following terms of use. Smart-Survey reserves the right to update
the terms of use at any time without notice to you. The most current
version of these terms of use can be reviewed by clicking on the
"Terms of Use" hypertext link located at the bottom
of our web pages.
BILLING
We
request information from the user on our order form. A user must
provide contact information (such as name, email, and shipping
address) and financial information (such as credit card number,
expiration date). This information is used for billing purposes
and to fill customer's orders. If we have trouble processing an
order, the information is used to contact the user. Smartline
reserves the right to decline or rescind any order. Non-acceptance
of orders may result from our inability to obtain authorisation
for your payment, the identification of a pricing or product description
error, or your failure to comply with the Terms and Conditions.
COOKIES
We
store information that we collect through cookies and log files,
to create a profile of our users and to enhance and better the
service that we provide to all of our users. A cookie is a piece
of data stored on the user's computer tied to information about
the user. Usage of a cookie is in no way linked to any personally
identifiable information while on our site. We use both session
ID cookies and persistent cookies. For the session ID cookie,
once users close the browser, the cookie simply terminates. A
persistent cookie is a small text file stored on the user's hard
drive for an extended period of time. Persistent cookies can be
removed by following Internet browser help file directions. With
session cookies we are able to ensure that only people who have
entered in correct login details are able to use password-protected
areas, and only areas that they are authorized to use. Persistent
cookies enable us to track and target the interests of our users
to enhance the experience on our site. We never share any of your
information with other third parties. This privacy statement covers
the use of cookies by Smart-Survey only and does not cover the
use of cookies by any advertisers.
LOG FILES
Like
most standard Web site servers we keep and analyse log files.
This includes internet protocol (IP) addresses, browser type,
internet service provider (ISP), referring/exit pages, platform
type, date/time stamp, and number of clicks to analyze trends,
administer the site, track user's movement in the aggregate, and
gather broad demographic information for aggregate use. IP addresses,
etc. are not linked to personally identifiable information.
COMMUNICATION FROM THE SITE
We
send all new members a welcoming email to verify password and
username. Established members may occasionally receive information
on improvements to our service, general service announcements,
and a newsletter. Out of respect for the privacy of our users
we present the option to not receive these types of communications.
Please see the Choice and Opt-out sections. On rare occasions
it is necessary to send out a strictly service related announcement.
For instance, if our service is temporarily suspended for maintenance
we might send users an email. Generally, users may not opt-out
of these communications; however, these communications are not
promotional in nature. We communicate with users on a regular
basis to provide requested services and in regards to issues relating
to their account we reply via email or phone, in accordance with
the user’s wishes.
LEGAL
DISCLAIMER
Though
we make every effort to preserve user privacy, we may need to
disclose personal information when required by law wherein we
have a good-faith belief that such action is necessary to comply
with a current judicial proceeding, a court order or legal process
served on our Web site.
THIRD PARTY INTERMEDIARIES
We
use an outside credit card processing company to bill users for
services. These companies do not retain, share, store or use personally
identifiable information for any secondary purposes.
BUSINESS TRANSACTIONS
In
the event that Smartline goes through a business transition, such
as a merger, being acquired by another company, or selling a portion
of its assets, users' personal information may be part of the
assets transferred. Users will be notified via email and a prominent
notice on our website for 30 days prior to a change of ownership
or control of their personal information. If as a result of the
business transition, the users' personally identifiable information
will be used in a manner different from that stated at the time
of collection they will be given choice consistent with our notification
of changes section.
LINKS
This
website contains links to other sites. Please be aware that we,
Smartline are not responsible for the privacy practices of such
other sites. We encourage our users to be aware when they leave
our site and to read the privacy statements of each and every
Web site that collects personally identifiable information. This
privacy statement applies solely to information collected by this
website.
SECURITY
This
website takes every precaution to protect our users' information.
When users submit sensitive information via the website, their
information is protected both online and off-line. When our registration/order
forms ask users to enter sensitive information (such as credit
card number and/or social security number), that information is
encrypted and is protected with the best encryption software in
the industry - SSL. While on a secure page, such as our order
form, the lock icon on the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes locked, as opposed
to un-locked, or open, when users are just 'surfing'. While we
use SSL encryption to protect sensitive information online, we
also do everything in our power to protect user-information off-line.
All of our users' information, not just the sensitive information
mentioned above, is restricted in our offices. Only employees
who need the information to perform a specific job are granted
access to personally identifiable information. Furthermore, ALL
employees are kept up-to-date on our security and privacy practices.
Every quarter, as well as any time new policies are added, our
employees are notified and/or reminded about the importance we
place on privacy, and what they can do to ensure our users information
is protected. Finally, the servers that store personally identifiable
information are in a secure environment, in a locked facility.
If users have any questions about the security at our Web site,
users can send an email to security@smart-survey.co.uk
SUSPENSION AND TERMINATION
We may suspend or close the Smart-Survey Tool or your access to the
Smart-Survey Account at any time in our absolute discretion if:
(a) your use of the Smart-Survey Tool is considered abusive, excessive,
or against the interests of other subscribers;
(b) your use of the Smart-Survey Tool is considered in breach of these Terms and/or the General Terms; or
(c) a competent regulatory authority requires the Smart-Survey Tool to be closed.
CANCELLATION AND REFUNDS
You
may cancel your subscription at any time using the 'My Account' site
function. If you cancel your subscription within 7 (seven) days of the
date of subscribing for the Basic Edition or Professional Edition, you
will be entitled to a full refund of the Fee. In order to receive the
refund you must
contact us
after cancellation. Any notice given by you after this period shall not
be effective to entitle you to receive a refund. We will refund such
sums by crediting your credit/debit card or sending you a cheque (as
applicable).
CORRECTING / UPDATING / DELETING / DEACTIVATING PERSONAL INFORMATION
If
a user's personally identifiable information changes (such as
postcode, phone, email or postal address), or if a user no longer
desires our service, we provide a way to correct, update or delete/deactivate
users' personally identifiable information. This can usually be
done at the administration section behind the password-protected
area of the website or by emailing our Customer Support at support@smart-survey.co.uk .
CONDUCT AND RESPONSIBILITIES
We
expect our users to exercise good manners and consideration when
using Smart-Survey. You are solely responsible for all content
you publish on the site. Smart-Survey accepts no responsibility
for any consequences incurred by the use of the site, or for any
of the content added by its users.
While
we are not responsible for the content published by users of Smart-Survey,
we reserve the right to delete, move, or edit content that we
determine violates the following guidelines:
You
are not allowed to distribute, upload or publish anything that
is defamatory, libellous, pornographic, obscene or abusive, promotes
hatred, violence or illegal conduct or that otherwise violates
any law or the rights of another in any jurisdiction.
We
do not accept any responsibility for arrangements made between
the parties concerned and cannot act as an intermediary. While
we take precautions over those registering with us, these are
very limited and we cannot vouch for the veracity or integrity
of users on this Site. We reserve the right to terminate the account
and access to Smart-Survey of any user who has broken any of the
terms of this agreement.
NOTIFICATION OF CHANGES
If
we decide to change our privacy policy, we will post those changes
to this privacy statement, the homepage, and other places we deem
appropriate so our users are always aware of what information
we collect, how we use it, and under what circumstances, if any,
we disclose it. We will use information in accordance with the
privacy policy under which the information was collected. If,
however, we are going to use users' personally identifiable information
in a manner different from that stated at the time of collection
we will notify users via email. Users will have a choice as to
whether or not we use their information in this different manner.
However, if users have opted out of all communication with the
site, or deleted/deactivated their account, then they will not
be contacted, nor will their personal information be used in this
new manner. In addition, if we make any material changes in our
privacy practices that do not affect user information already
stored in our database, we will post a prominent notice on our
Web site notifying users of the change. In some cases where we
post a notice we will also email users, who have opted to receive
communications from us, notifying them of the changes in our privacy
practices.
LIMITATION OF LIABILITY
The
information on this website is provided in good faith but is provided
“as is” and to the maximum extent permitted by law
is provided without warranty of any kind. The user expressly agrees
that Smartline shall not be liable for any consequences arising
as a result of any act, event, omission or accident beyond the
reasonable control of Smartline (including without limitation,
strikes, lock-outs or other industrial disputes, act of God, war,
riot, civil commotion, failure of any telecommunications, failure
of the internet, compliance with any law or governmental order,
rule, regulation or direction, accident, breakdown of plant machinery
or equipment, fire, flood or storm) and shall not be liable for
any consequential losses (including but not limited to loss of
savings, loss of profit, loss of use whether complete or partial,
loss of contract, loss of production, loss of revenue, business
interruption or increased cost of working however caused arising
out of or in connection with the performance of the services whether
or not foreseeable at the date of such performance).
TO
THE MAXIMUM EXTENT PERMITTED BY LAW SMARTLINE’S ENITRE LIABILITY
TO THE USER SHALL BE LIMITED TO A MAXIMUM OF 110% OF THE CHARGES
PAID TO SMARTLINE FOR ITS PERFORMANCE OF THE SERVICES IN QUESTION.
Contact
Information
If
users have any questions or suggestions regarding our privacy
policy, please contact us at support@smart-survey.co.uk