Terms and conditions
What parts of these terms apply to me?
This agreement governs your use of this website www.equivent.co.uk (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Equivent Ltd (Company Number 06791977) being a company incorporated in England and Wales (Equivent, we or us).
The remainder of this agreement is divided into three parts:
Part A (All Users), which sets out terms that apply to all Users;
Part B (Riders), which sets out additional terms that apply to Riders, being users who wish to book equestrian events and other services at the Venues; and
Part C (Venues), which sets out additional terms that apply to Venues, being equestrian venues registered with Equivent to accept bookings by Riders.
If you intend to use the Platform as a Rider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Venue, only Part A and Part C of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
1. ELIGIBILITY
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
over the age of 18 years and accessing the Platform for personal use; or
accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. ACCOUNTS
In order to use most of the functionality of the Platform, Users may be required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred email, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Equivent from time to time.
You warrant that any information you give to Equivent in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Correspondence between Users must take place on the Platform.
Once you complete the Account registration process, Equivent may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Equivent reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Equivent may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you agree:
not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Equivent of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Equivent;
not to act in any way that may harm the reputation of Equivent or associated or interested parties or do anything at all contrary to the interests of Equivent or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Equivent;
that Equivent may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Equivent or another User including a Venue, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Equivent may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. POSTED MATERIALS
4.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.
4.2 LICENCE
You grant to Equivent a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Equivent to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Equivent from any and all claims that you could assert against Equivent by virtue of any such moral rights.
You indemnify Equivent against all damages, losses, costs and expenses incurred by Equivent arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
4.3 REMOVAL
Equivent acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Equivent may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.
5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Equivent will have no liability or obligation to you if:
a Rider or Venue cancels at any time after the time for performance of the Service Listing is agreed; or
for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
and you will not be entitled to any compensation from Equivent.
6. ONLINE PAYMENT PARTNER
We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
You agree to release Equivent and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
7. SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Equivent cannot and does not represent, warrant or guarantee that:
the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.
8. INTELLECTUAL PROPERTY
Equivent retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of receiving the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Equivent or as permitted by law.
In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
9. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Equivent accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10. THIRD PARTY TERMS
Any service that requires Equivent to acquire goods and services supplied by a third party on behalf of the Rider (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Equivent to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
11. DISPUTES BETWEEN USERS
You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Equivent via the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Equivent has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Equivent reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with Equivent, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 11, you or Equivent may at any time cancel your Account or discontinue your use of the Platform.
12. SECURITY
Equivent does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
13. DISCLAIMER
(Introduction service) Equivent is a medium that facilitates the introduction of Riders and Venues for the purposes of booking events at the Venue. Equivent simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Riders and Venues in relation to such services or otherwise resulting from the introduction.
(Limitation of liability) To the maximum extent permitted by applicable law, Equivent excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Venue. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You agree to indemnify Equivent and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
breach of any term of this agreement;
use of the Platform; or
your provision or receipt of Services from another User.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Equivent be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Venue (except to the extent this liability cannot be excluded under relevant consumer law).
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
14. CONFIDENTIALITY
You agree that:
no information owned by Equivent, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Venue are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
15. PRIVACY
You agree to be bound by the clauses outlined in Equivent’s Privacy Policy, which can be accessed on this page.
16. TERMINATION
Equivent reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
In the event that a User’s Account is terminated:
the User’s access to all posting tools on the Platform will be revoked;
the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
the User may be unable to view the details of other Venues (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Equivent will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
17. TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Equivent will not be held accountable in relation to any transactions between Riders and Venues where tax related misconduct has occurred.
18. RECORD / AUDIT
To the extent permitted by law, Equivent reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Equivent.
19. NOTICES
A notice or other communication to a party under this agreement must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,
whichever is earlier.
20. GENERAL
20.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
20.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
20.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
20.7 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
20.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
20.9 INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
1. SERVICE LISTINGS AND FEES
You acknowledge and agree that:
if you respond to a Service Listing by booking a service offered in that Service Listing via our Platform, that will constitute your offer and intention to enter into a contract with the Venue;
for each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Venue, the Quoted Amount will be debited from your Account and Equivent will keep a Service Fee which will be calculated as a percentage of the Quoted Amount; and
any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Venue and do not involve Equivent in any way, except that such terms and conditions must not be inconsistent with your or the Venue’s obligations under this agreement.
2. PAYMENT
(Payment obligations) Unless otherwise agreed in writing with the Venue, you must pay for all services specified in an accepted Service Listing prior to the Venue performing those services.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Venue, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
3. CANCELLATIONS
Equivent will have no liability or obligation to you if a Venue cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from Equivent in relation to any such cancellation, including any portion of the Service Fee.
If you wish to cancel services specified in an agreed Service Listing, before the Venue has performed them, you must contact the Venue. If Equivent decides to investigate your cancellation, you must provide assistance and information to Equivent as reasonably requested.
If you cancel a service specified in an agreed Service Listing, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Venue.
4. LINKED BUSINESSES
You acknowledge and agree that:
the Platform provides links and introductions to Venues owned and operated by third parties that are not under the control of Equivent;
the provision by Equivent of introductions to Venues does not imply any endorsement or recommendation by Equivent of any Venue;
Equivent does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Venue who uses or is listed on the Platform; and
any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Venue once agreed in accordance with clause 1 and do not involve Equivent in any way.
5. COMMUNICATION OUTSIDE THE PLATFORM
You must not communicate with a Venue, or request or entice a Venue to communicate with you, outside the Platform (except in the course of accepting Venue services that were agreed in a Service Listing or Service Request).
Equivent, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.
1. ELIGIBILITY AND QUALIFICATIONS
You must verify that any Rider is over 18 years old or has their parent or guardian’s consent to use the Platform.
If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Equivent that you do hold such Qualifications and if requested, will promptly provide Equivent with evidence of the Qualifications.
2. SERVICE LISTINGS
You acknowledge and agree that:
you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
Equivent may choose not to accept any Service Listing you submit to the Platform, and Equivent may limit the number of Service Listings you can submit to the Platform;
any information you supply in a Service Listings must be true, timely and accurate;
you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Rider, including by not cancelling any part of such a Service Listing;
you must deal with any dispute with a Rider in accordance with clause of Part A;
any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Rider and do not involve Equivent in any way, except that they must not be inconsistent with your or the Rider’s obligations under this agreement; and
Equivent will have no responsibility for the accuracy, reliability or timeliness of any Rider’s response to a Service Listing.
3. PROVISION OF SERVICES
You must ensure that all services specified in a Service Listing that is accepted by a Rider are provided:
in accordance with all applicable laws, regulations, tax obligations and industry standards;
with due care and skill and in a professional, punctual and diligent manner;
so that the services are fit for their intended purpose; and
on the date and at the times set out in the Service Listing.
If a Rider requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.
4. FEES
Viewing the Platform and posting a Service Listing is free.
You will be required to quote the cost of providing the services specified in each Service Listing to a Rider (Quoted Amount). We will charge a Service Fee, being a percentage of the Quoted Amount as specified on the Platform (Service Fee) for each Service Listing that is accepted by a Rider.
When a Rider accepts a Service Listing, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Service Listing Fee’).
The balance of the Service Listing Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
You:
appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Rider;
agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: [insert link – e.g. https://stripe.com/docs/payouts]
Equivent reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
5. REFUNDS & CANCELLATIONS
Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Equivent decides to investigate your request, you must provide assistance and information to Equivent as reasonably requested.
You must ensure that your cancellation policy and refund policy in relation to you or Riders cancelling an accepted Service Listing is in compliance with all applicable laws.
Venues are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to give Riders a 14-day cooling off period and:
It is the Venue’s responsibility to meet its statutory obligations under any applicable consumer laws or regulations; and
You indemnify Equivent for any loss suffered by or claim made against Equivent by a Rider for a breach of consumer law.
If we accept your request to cancel a service set out in an accepted Service Listing, we may take one or more of the following actions:
cancel your Account and/or any membership you hold in connection with the Platform;
refund the Quoted Amount to the relevant Rider; and
if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
The Service Fee is by default non-refundable for change of mind. However, Equivent may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Service Listing.
6. BYPASSING
You agree that while you are a Venue on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Rider whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Rider or their representative is still active on the Platform.
Equivent may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
7. BINDING CONTRACT
You agree that when a Rider submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Rider with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Rider) when you respond to an email or message on the Platform confirming that you accept the Rider’s offer.
8. WARRANTIES
By listing yourself as a Venue on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
you will provide services to each Rider:
using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
in compliance with all applicable laws; and
any individuals involved in your performance of services to any Rider have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
9. DATA PROCESSING
Unless otherwise expressly stated in this agreement, the Venue’s obligations and Equivent’s rights and remedies under this clause 9 of Part C are cumulative with, and additional to, any other provisions of this Agreement.
9.1 USE OF RIDER PERSONAL DATA
Equivent will be the controller of all Rider Personal Data that is submitted by a Rider through the Platform, including Rider Personal Data and any personal data in respect of the Venue.
The Venue will be the processor of this Rider Personal Data when it processes this personal data as per the instructions of Equivent under these terms. The Venue shall process the Rider Personal Data only in accordance with this clause 9 of Part C and applicable laws, including the Data Protection Legislation and only to perform the Venue’s obligations under this Agreement or as necessary for legal compliance. The Venue shall not:
transmit Rider Personal Data to any third-party except for the strict purposes of performing its obligations under this agreemnt and the contract for purchase of Services with the Rider;
permit disclosures of the Rider Personal Data to any third party SAVE for staff, sub-contractors and sub-processors in order to perform the contract with the Rider who are bound by obligations of confidentiality and data protection similar to those contained herein (for the avoidance of doubt, Venue shall remain fully responsible and liable for the acts and omissions of all its discloses as if they were its own acts and omissions);
use Rider Personal Data to send marketing materials to or contact any person except for purposes of performing under this agreement; or
solicit additional information from a Rider or related individual.
9.2 COMPLIANCE WITH DATA PROTECTION LAWS
The parties agree that Equivent is a Controller and that the Venue is a Processor for the purposes of processing Protected Data pursuant to this Agreement. The Venue shall, and shall ensure the Sub-Processors and each of the Venue Personnel shall, at all times, comply with all Data Protection Laws in connection with the processing of Protected Data and the provision of the services to Riders and shall not by any act or omission cause Equivent (or any other person) to be in breach of any of the Data Protection Laws. Nothing in this Agreement relieves the Venue of any responsibilities or liabilities under Data Protection Laws.
9.3 VENUE INDEMNITY
The Venue shall indemnify and keep indemnified Equivent against:
all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, sanctions, expenses, compensation paid to Data Subjects (including compensation to protect goodwill and ex gratia payments), demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a Data Protection Supervisory Authority) arising out of or in connection with any breach by the Venue of its obligations under this Schedule; and
all amounts paid or payable by Equivent to a third party which would not have been paid or payable if the Venue’s breach of this Schedule had not occurred.
9.4 INSTRUCTIONS
The Venue shall only process (and shall ensure Venue personnel only process) the Protected Data in accordance with Section 1 of Part B of this Schedule, this Agreement and Equivent’s written instructions from time to time (including with regard to any transfer to which paragraph 9 relates) except where otherwise required by applicable law (and in such a case shall inform Equivent of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest). The Venue shall immediately inform Equivent if any instruction relating to the Protected Data infringes or may infringe any Data Protection Law. The Venue shall retain records of all instructions relating to the Protected Data received from Equivent.
9.5 SECURITY
The Venue shall, at all times, implement and maintain appropriate technical and organisational measures to protect Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access. Such technical and organisational measures shall be at least equivalent to the technical and organisational measures set out in Section 2 of Part B of this Schedule and shall reflect the nature of the Protected Data.
Except as agreed by the parties by way of a binding variation of this Agreement, the Venue may not make any change to the security measures it applies to the Protected Data from time to time to the extent any such change would conflict with the provisions of this Agreement.
9.5 SUB-PROCESSINGS AND PERSONNEL
The Venue shall not permit any processing of Protected Data by any agent, sub-contractor or other third party (except its own employees that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the prior specific written authorisation of that Sub-Processor by Equivent that takes effect by way of a binding variation to this Agreement and only then subject to such conditions as Equivent may require.
The Venue shall ensure that access to Protected Data is limited to the authorised persons who need access to it to supply the Services.
The Venue shall, prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a binding written contract containing the same obligations as under this Schedule in respect of Protected Data that (without prejudice to, or limitation of, the above):
includes providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing of the Protected Data will meet the requirements of all Data Protection Laws; and
is enforceable by the Venue,
and ensure each such Sub-Processor complies with all such obligations.
The Venue shall remain fully liable to Equivent under this Agreement for all the acts and omissions of each Sub-Processor and each of the Venue Personnel as if they were its own.
The Venue shall ensure that all persons authorised by the Venue or any Sub-Processor to process Protected Data are reliable and:
adequately trained on compliance with this Schedule as applicable to the processing;
informed of the confidential nature of the Protected Data and that they must not disclose Protected Data;
subject to a binding and enforceable written contractual obligation to keep the Protected Data confidential; and
provide relevant details and a copy of each agreement with a Sub-Processor to Equivent on request.
9.7 ASSISTANCE
The Venue shall (at its own cost and expense) promptly provide such information and assistance (including by taking all appropriate technical and organisational measures) as Equivent may require in relation to the fulfilment of Equivent’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws).
The Venue shall (at its own cost and expense) promptly provide such information, co-operation and other assistance to Equivent as Equivent requires (taking into account the nature of processing and the information available to the Venue) to ensure compliance with Equivent’s obligations under Data Protection Laws, including with respect to:
security of processing (including with any review of security measures);
data protection impact assessments (as such term is defined in Data Protection Laws);
prior consultation with a Data Protection Supervisory Authority regarding high risk processing; and
any remedial action and/or notifications in response to any Personal Data Breach and/or any complaint or request relating to either party’s obligations under Data Protection Laws relevant to this Agreement, including (subject in each case to Equivent’s prior written authorisation) regarding any notification of the Personal Data Breach to Data Protection Supervisory Authorities and/or communication to any affected Data Subjects.
9.8 DATA SUBJECT REQUESTS
The Venue shall (at no cost to Equivent) record and refer all requests and communications received from Data Subjects or any Data Protection Supervisory Authority to Equivent which relate (or which may relate) to any Protected Data promptly (and in any event within three days of receipt) and shall not respond to any without Equivent’s express written approval and strictly in accordance with Equivent’s instructions unless and to the extent required by applicable law.
9.9 INTERNATIONAL TRANSFERS
The Venue shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to any country or territory outside the United Kingdom or EEA or to any International Organisation without the prior written authorisation of Equivent (which may be refused or granted subject to such conditions as Equivent deems necessary).
9.10 RECORDS
The Venue shall maintain complete, accurate and up to date written records of all categories of processing activities carried out on behalf of Equivent. Such records shall include all information necessary to demonstrate its and Equivent’s compliance with this Schedule, the information referred to in Articles 30(1) and 30(2) of the GDPR and such other information as Equivent may reasonably require from time to time. The Venue shall make copies of such records available to Equivent promptly (and in any event within [insert period]) on request from time to time.
9.11 AUDIT
The Venue shall (and shall ensure all Sub-Processors shall) promptly make available to Equivent (at the Venue’s cost) such information as is reasonably required to demonstrate the Venue’s and Equivent’s compliance with their respective obligations under this Schedule and the Data Protection Laws, and allow for, permit and contribute to audits, including inspections, by Equivent (or another auditor mandated by Equivent) for this purpose at Equivent’s request from time to time. The Venue shall provide (or procure) access to all relevant premises, systems, personnel and records during normal business hours for the purposes of each such audit or inspection upon reasonable prior notice (not being more than [two] Days) and provide and procure all further reasonable co-operation, access and assistance in relation to any such audit or inspection.
9.12 BREACH
The Venue shall promptly (and in any event within 24 hours) notify Equivent if it (or any of the Sub-Processors or the Venue Personnel) suspects or becomes aware of any suspected, actual or threatened occurrence of any Personal Data Breach in respect of any Protected Data.
The Venue shall promptly (and in any event within 24 hours) provide all information as Equivent requires to report the circumstances referred to in paragraph (a) (above) to a Data Protection Supervisory Authority and to notify affected Data Subjects under Data Protection Laws.
9.13 DELETTION/RETURN
Subject to paragraph (b), the Venue shall (and shall ensure that each of the Sub-Processors and Venue Personnel shall) within not less than two days and not more than four days of the relevant Processing End Date securely delete the Protected Data (and all copies) except to the extent that storage of any such data is required by applicable law (and, if so, the Venue shall inform Equivent of any such requirement and shall securely delete such data as soon as it is permitted to do so under applicable law).
The Venue shall (and shall ensure that each of the Sub-Processors and Venue Personnel shall) promptly comply with any requests from time to time from Equivent for the secure return or transfer to Equivent of any Protected Data in such form and by such manner as Equivent reasonably requests, provided such request is received within two days of the relevant Processing End Date.
Within two days of the date for performance of any obligation under paragraph (a), the Venue shall notify Equivent in writing:
with confirmation of the extent to which it has complied with all obligations under paragraph (a) to delete Protected Data;
if applicable, of the full details of any failure to comply with any obligation under paragraph (a) (in which case the Venue shall notify Equivent immediately once this has been corrected); and
if applicable, of the full details of any Protected Data that continues to be stored as required by applicable law (together with confirmation of the relevant law(s)).
9.14 SURVIVAL
This clause 9 of Part C shall survive termination or expiry of this Agreement for any reason.
9.15 COST
The Venue shall perform all its obligations under this clause 9 of Part C at no cost to Equivent.
9.16 RIGHTS OF DATA SUBJECTS
Nothing in these terms greement affects the rights of Data Subjects under Data Protection Laws (including those in Articles 79 and 82 of the GDPR or in any similar Data Protection Laws) against Equivent, the Venue or any Sub-Processor.
DEFINITIONS
In this clause:
Controller | has the meaning given in applicable Data Protection Laws from time to time; |
Data Protection Laws | means all applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including: the UK GDPR; the Data Protection Act 2018; any laws which implement or supplement any such laws; any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and all guidance, guidelines and codes of practice issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (in each case whether or not legally binding); |
Data Protection Supervisory Authority | means any regulator, authority or body responsible for administering Data Protection Laws; |
Data Subject | has the meaning given in applicable Data Protection Laws from time to time; |
International Organisation | has the meaning given in applicable Data Protection Laws from time to time; |
Personal Data | has the meaning given in applicable Data Protection Laws from time to time; |
Personal Data Breach | has the meaning given in applicable Data Protection Laws from time to time; |
processing | has the meaning given in applicable Data Protection Laws from time to time (and related expressions, including process, processed, and processes shall be construed accordingly); |
Processing End Date | means in respect of any Protected Data, the earlier of: the end of the provision of the relevant Services related to the processing of such Protected Data; or once processing by the Venue of such Protected Data is no longer required for the purpose of the Venue’s performance of its relevant obligations under this Agreement; |
Processor | has the meaning given in applicable Data Protection Laws from time to time; |
Protected Data | means Personal Data received from or on behalf of Equivent, or otherwise obtained in connection with the performance of the Venue’s obligations under this Agreement; and |
Rider Personal Data | means any personal data or information related to identified or identifiable Riders or related third-parties. Categories of personal data likely to fall under the definition of Rider Personal Data that is processed by Venue includes, but is not limited to, name, address and contact details which shall be made available to the Venue by Equivent during the Booking process. For the avoidance of doubt, “personal data” shall be accorded the definition given under Article 4 of the GDPR.
|
Sub-Processor | means any Processor engaged by the Venue (or by any other Sub-Processor) for carrying out any processing activities in respect of the Protected Data. |
UK GDPR | means the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time). |
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Equivent Software Ltd's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term 'Equivent Software Ltd' or 'us' or 'we' refers to the owner of the website whose registered office is Crown House, 27 Old Gloucester Street, London, England, WC1N 3AX. Our company registration number is 14010953. The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: Google Analytics.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
This privacy notice for Equivent Software Ltd ('we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you: Visit our website at http://www.equivent.co.uk, or any website of ours that links to this privacy notice Engage with us in other related ways, including any sales, marketing, or events Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at support@equivent.co.uk.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by visiting http://www.equivent.co.uk/account, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.
TABLE OF CONTENTS
WHAT INFORMATION DO WE COLLECT?
HOW DO WE PROCESS YOUR INFORMATION?
WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE KEEP YOUR INFORMATION SAFE?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
names
phone numbers
email addresses
emails
passwords
contact preferences
debit/credit card numbers
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/gb/privacy.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes: Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information: Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent. Performance of a Contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved. Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ('third parties') who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organisation apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows: Data Analytics Services
We also may need to share your personal information in the following situations: Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions. Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organisational and technical security measures.
We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@equivent.co.uk.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Switzerland, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA, UK, and Switzerland), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (vi) if applicable, to data portability; and (vii) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority. preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can: Log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services.
If you have questions or comments about your privacy rights, you may email us at support@equivent.co.uk.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at support@equivent.co.uk or contact us by post at:
Equivent Software Ltd Crown House 27 Old Gloucester Street London WC1N 3AX England
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: http://www.equivent.co.uk/account.