NOVAZURE LTD – WEBSITE TERMS AND CONDITIONS

This document (and the other documents it refers to) contains the terms and conditions on which you may use www.novazure.com (the “Website”), whether as a guest or a registered user (the “Terms”). The Terms are a legally binding contract between you and NovAzure Ltd. The contract sets out your rights and responsibilities when you use the services provided by NovAzure Ltd, which may include, but is not limited to, our web application, website and any other services (collectively, the “Services”) so please read it carefully.

You will be deemed to have accepted these Terms when you visit the Website and/ or whenever you use any of our Services.

ABOUT US

www.novazure.com is a website operated by NovAzure Ltd (“NovAzure”, “we”, “our” or “us”). We are registered in England and Wales under company number 10527685. Our registered office address is International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN, United Kingdom and our email address is info@novazure.com.

YOUR PRIVACY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here . By visiting the Website and/or using the Services, you consent to our processing of your personal information as described in our Privacy Policy, and you warrant that all data provided by you is accurate.

YOUR USE OF THE WEBSITE/ OUR SERVICES

We allow access to our Website and/or our Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to the Website/ the Services. If, in our opinion, you aren’t complying with the Terms, we have the right to disable any such code, password or feature at any time.
It is your responsibility that anyone who accesses the Website/ the Services through your internet connection is aware of these Terms and complies with them.

We grant you a limited, non-exclusive, non-transferable and revocable licence to visit the Website/ use the Services—subject to the Terms and the following restrictions:

  1. You agree that you will not violate any laws in connection with your visiting the Website/ use of the Services. This includes any local, national and international laws that may apply to you.
  2. You are responsible for paying any fees or subscription payments that you owe to NovAzure Ltd. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Website/ our Services.
  3. You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website/ the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website/ the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website/ the Services, the server on which the Website is/ any of the Services are stored or any server, computer or database connected to the Website/ Services. You must not attack the Website/ Services via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the Website/ use the Services will cease immediately and we will report your actions to the relevant authorities.
  4. You agree not to interfere with or try to disrupt the Website/ Services, for example by distributing a virus or other harmful computer code.
  5. The name NovAzure Ltd and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of NovAzure Ltd in the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
  6. We will provide you with certain legal information in writing. By using our Services, you’re agreeing that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.

INTELLECTUAL PROPERTY RIGHTS

Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the Website / the Services and are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the Website/ the Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile app) any aspect of the Website/ the Services (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use the Website/ the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

YOUR CONTENT

Content that you post to the Website is your content, and includes (but is not limited to) anything you post using the Website such as usernames, CVs, profile pictures, photos, descriptions, reviews, comments, videos, etc (“Your Content”). NovAzure Ltd does not make any claim to Your Content.

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or uploading it to the Website.
  2. Permission to Use Your Content. By posting Your Content to the Website/ through our Services, you grant NovAzure Ltd a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help NovAzure Ltd function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content.
  3. Rights You Grant to us. By posting Your Content, you grant NovAzure Ltd a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Website/ the Services and to promote NovAzure Ltd or the Website/ the Services in general, in any formats and through any channels, including across any NovAzure Ltd websites or other Services or third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.
  4. Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from the Website / the Services. If content that you own or have rights to has been posted to the Website/ Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Website/ the Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
  5. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Website/ the Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Website/ the Services.

ACCESSING THE SERVICES

Certain functions of the Website/ the Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but NovAzure Ltd cannot take responsibility for the Website/ the Services not working at full functionality if you do not have access to an active internet connection. In using the Website/ the Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Website/ the Services, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing the Website / the Services, please be aware that we assume that you have received permission from the bill payer for using the Website/ the Services.

LIMITATION OF LIABILITY

The Website is / Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.

RELIANCE ON INFORMATION AND LINKS

Any content made available on the Website/ the Services (including links to other sites, apps and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.

TERMINATION

You may terminate your account with NovAzure Ltd by emailing info@novazure.com. Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.

We may terminate or suspend your account (and any related accounts) and your access to the Website/ the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use the Website/ our Services. We may refuse access to anyone at any time for any reason.

If you or we terminate your account, you may lose any information associated with your account, including any content created by you.

We reserve the right to change, suspend or discontinue any of the Website/ the Services at anytime, for any reason. We will not be liable to you for the effect that any changes to the Website/ the Services may have on you, including your income or your ability to generate revenue through the Website/ the Services.

The Terms will remain in effect even after your access to the Services is terminated or your use of the Website/ the Services ends.

INDEMNIFICATION (OR WHAT HAPPENS IF YOU GET US SUED)

You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Website/ Services, your breach of the Terms or your account’s infringement of someone else’s rights.

ENTIRE AGREEMENT

These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and NovAzure Ltd regarding the Website/ the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

CHANGES TO THE TERMS

We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via the Website/ the Services, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website/ the Services following the changes constitutes your acceptance of the updated Terms.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at info@novazure.com.

Last updated: 10/28/2017

NOVAZURE PRIVACY POLICY

NovAzure Ltd (we/us/our/the Company) is committed to protecting and respecting your privacy.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, stored and disclosed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.novazure.com(the Site) or using any services offered through or associated with our Site (the Services), you are deemed to have accepted and consented to the practices described in this policy.

The Site is owned and operated by NovAzure Limited a limited company registered in England and Wales, company number 10527685, International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN (our Company Address).

NovAzure Ltd  processes personal data as a Data Controller, as defined in the Directive and the General Data Protection Regulation (GDPR).NovAzure Ltd has a Data Protection Officer (“DPO”) who is responsible for matters relating to privacy and data protection. This Data Protection Officer is Christopher Gruen and theycan be reached at the following address: info@novazure.com.

The Site contains links to and from the websites of our partner networks, advertisers and affiliates or to websites shared by other users. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

1. Data We Collect About You

We collect and process personal information so we can provide our Services to you. It’s important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

The data we collect and process about you is explained in the sections below.

1.1 Data You Give Us

You give us information about you by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the Site, subscribe to our marketing database or to subscribe to our services.

The information you give us includes names, address, email address, phone number, your CV (including all information contained in that), business information, personal description and characteristics (including photographs and handwriting), spatial data (location data), education history, gender, and employment information.

This data is necessary for our legitimate interests and for us to fulfill our contractual obligations to you, and we rely on this as a lawful basisto use and process the data described above.

1.2 Data We Automatically Collect

Each time you visit or use our Site, we automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, location, network data, browser plug-in types and versions, languages, operating system and platform;
  • information about your visit, includingthe full Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

This data is necessary for us to fulfill our contractual obligations to you, and we rely on this as a lawful basisto use and process the data described above.

2. How We Use Your Data

We use your data to carry out our Site and Services in the following ways:

  • To administer and manage your account, to provide you with information you request from us, and to carry out any other obligations arising from any contracts entered into between you and us.
  • To ensure that content from our Site is presented in the most effective manner for you and for your device.
  • To respond to communications from you and to provide you with information about our Services, including notifying you about changes to our Site or Services.

We also use your data to make our Site and Services better in the following ways:

  • To administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • As part of our efforts to keep the Site safe and secure, e.g. by conducting analysis required to detect malicious data and understand how this may affect your IT system.

We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under applicable data protection laws. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous enquiry by you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have expressly consented to this.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us in writing or by email at c.gruen@novazure.com.

3. How We Secure Your Data

All of your personal information is protected and we have put in place appropriate physical, electronic, and management procedures to safeguard and secure the data we collect. Your information is stored on secure cloud databases, internal servers, and on third party softwares. Your information is only accessible by employees who have authorised access rights to such information. All of your payment information is encrypted using SSL technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we use strict procedures and the security features described above to try to prevent unauthorised access.

4. How Long We Store Your Data

We only keep your personal information for as long as it’s necessary for our original legitimate purpose for collecting the information and for as long as we have your permission to keep it. We will delete your personal information when you delete your account and remove your personal information from any third party servers we use.

5. Disclosure to Third Parties

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We use third parties such as Google, Zoho, Hubspot. These third parties have access to data we share with their platforms.

The onlyother circumstances under which we would share your personal data are:

  • If the third party is a member of our group (which means any subsidiaries or ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If the Company or substantially all of its assets are acquired by a third party, in which case personal data will be one of the transferred assets and the purchaser will be permitted to use the data for the purposes for which it was originally collected by us.
  • If we’re under a duty to disclose or share your personal data in order to comply with any legal obligation, enforce or apply our Terms & Conditions and other agreements, or to protect the rights, property, or safety of the Company, our customers, or others (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
  1. Your Rights

6.1 Lawful Bases

We will ensure that your personal data is processed lawfully, fairly, and transparently and that it will only be processed if at least one of the following bases applies:

  • You have given your clear consent to the processing of your personal data for a specific purpose.
  • Processing is necessary for the performance of a contract to which you are a party (or for us to take steps at your request prior to entering into a contract with you).
  • Processing is necessary for our compliance with the law.
  • Processing is necessary to protect someone’s life.
  • Processing is necessary for us to perform a task in the public interest or in the exercise of official authority and the task/function has a clear basis in law.
  • Processing is necessary for our legitimate interests or the legitimate interests of a third party, except where there is a good reason to protect your personal data which overrides those legitimate interests, such as allowing us to effectively and efficiently manage and administer the operation of our business, maintaining compliance with internal policies and procedures, monitoring the use of our copyrighted materials, offering optimal, up-to-date security and obtaining further knowledge of current threats to network security in order to update our security.

6.2 Data Subject Rights

Under the GDPR, you have the right to:

  • Withdraw your consent to the processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason for doing so (such as to comply with a legal obligation).
  • Be informed of what data we hold and the purpose for processing the data, as a whole or in parts.
  • Be forgotten and, in some circumstances, have your data erased by ourselves and our affiliates (although this is not an absolute right and there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it).
  • Correct or supplement any information we hold about you that is incorrect or incomplete.
  • Restrict processing of the information we hold about you (for example, so that inaccuracies may be corrected—but again, there may be circumstances where you ask us to restrict processing of your personal data but we are legally entitled to refuse that request).
  • Object to the processing of your data.
  • Obtain your data in a portable manner and reuse the information we hold about you.
  • Challenge any data we use for the purposes of automated decision-making and profiling (in certain circumstances—as above, there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request).
  • Complain to a supervisory authority (e.g. the Information Commissioner’s Office (ICO) in the UK) if you think any of your rights have been infringed by us. (We would, however, appreciate the chance to address your concerns, so please contact us prior to taking this step).

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

You have the right to ask us not to process your personal data for marketing purposes. We will get your express opt-in consent before we use your data for such purposes or share your personal data with any third parties for such purposes, but you can exercise your right to prevent such processing by contacting us at the Company Address, via email at info@novazure.com, or by unsubscribing using the links contained in the marketing emails.

You may revoke your consent for us to use your personal data as described in this Privacy Policy at any time by emailing us at info@novazure.com, and we will delete your data from our systems. To enforce any of the above rights, please contact us at our Company Address or via email at  info@novazure.com.

We will notify you and any applicable regulator of a breach of your personal data when we are legally required to do so.

Cookies

A cookie is a small file of letters and numbers that we store on your browser. Cookies contain information that is transferred to your computer’s hard drive (or the hard drive of another relevant device). We use cookies to distinguish you from other users on the Site, to tailor your experience to your preferences, and to help us improve the Site.

Some of the cookies we use are essential for the Site to operate. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.

Before any non-essential cookies are placed on your device, you will be shown a pop-up message requesting your consent to setting those cookies. By default, most internet browsers accept cookies, but you can choose to enable or disable some or all cookies via the settings on your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. For further details, please consult the help menu in your internet browser.

We use the following cookies:

  • Strictly necessary cookies.These cookies are required to save your session and to carry out other activities that are strictly necessary for the operation of the Site. They include, by way of general example, cookies that enable you to log into secure areas of the Site, use a shopping cart, or make use of e-billing services. These cookies are session cookies, which means they’re temporary and will expire when you close your browser.
  • Analytical/performance cookies.These cookies allow us to recognise and count the number of visitors and to see how visitors move around the Site when they’re using it. These cookies help us improve the way the Site works by, for example, ensuring that users are finding what they’re looking for easily.
  • Functionality cookies.These cookies are used to recognise you when you return to the Site. They enable us to personalise our content for you, greet you by name and remember your preferences.
  • Targeting cookies.These cookies record your visit to the Site, the pages you visit, and the links you follow. We use this information to make the Site and the advertising displayed on it more relevant to your interests. We also share this information with third parties for the same purpose.
  • Third Party cookies. We use third party cookies on the Site from Google, Zoho and Hubspot. Please note that we do not control cookies placed by third parties and our Site does not block them. Please check the relevant third-party website for more information about these cookies.

Changes To Our Privacy & Cookie Policies

Any changes we may make to our Privacy & Cookie Policies in the future will be posted on this page and, where appropriate, notified to you by email. You will be deemed to have accepted the terms of the updated Privacy & Cookie Policies on your first use of the Site following the alterations. Please check back frequently to see any updates or changes to our Privacy & Cookie Policies.

Contact

Questions, comments and requests regarding this Privacy & Cookie Policy are welcomed and should be addressed to our Company Address or to our email at info@novazure.com.

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