- Who we are
We are Tadpole Cottage Ltd, trading as analogue.DIGITAL. We are registered in England and Wales under company register number 7463715. Our registered office address is Tadpole Cottage, Tadpole Lane SN25 2DZ. For the purposes of the General Data Protection Regulations (GDPR) (Regulation (EU) 2016/679), the data controller is Tadpole Cottage Ltd and our Data Protection Officer is Dr George Hibbert.
Our services include the OnRecord mobile app, our OnRecord website, our platform, which is accessed via our website, and our emails. We are committed to safeguarding the privacy of those using our services.
- What personal information is and what this policy is about
Personal information is information that can be used to identify you, such as your name, address, phone number or email address.
This policy describes what information we collect, why we collect it, what we do with it, what we don’t do with it and what rights you have.
- We collect information that is either personal information (which can identify you, as outlined above) or non-personal information (such as IP addresses and pages accessed, which cannot identify you);
- We collect personal information about the people that use the OnRecord mobile app and those who use our platform;
- We collect your personal information so that we can provide you with the services or goods you want and to provide you with information;
- We only collect the personal information that we need;
- We do our very best to keep personal information secure;
- You can have your personal information deleted by asking us to do so;
- We never sell your information and we will never share it with another company or charity for marketing purposes;
- We will only share personal information if we are required to by law;
- The personal information we collect and why
We collect two kinds of information:
- Non-personal information such as IP addresses (the location of the computer on the internet), pages accessed or searched for. This helps us to know how many people use our website, how many people visit on a regular basis, and how popular specific pages are on our website. It doesn’t tell us anything about who you are or where you live. It simply allows us to monitor and improve our service.
- Personal information such as your name, your address, phone number, email address, date of birth, information about your subscription and any information about the services you use either via our OnRecord mobile app or via our platform.
- We only collect personal information if you open an account to use our mobile app or if you wish to login to our platform.
- We collect this information in order to:
- Log you in securely and connect you to services you want;
- Ensure that you are the correct person to have access to those records, either yours or those of others, that you are entitled to access;
- Respond to your enquiries or requests for advice or assistance;
- Manage subscriptions
- Manage your links to organisations from whom you can receive help;
- You don’t disclose any personal information by browsing the website.
- What we do with your personal information
We will use the information you provide to:
- Fulfil your requests – such as your subscription requirements, if applicable;
- Process payments and verify financial transactions where relevant;
- Record any contact we have with you;
- Prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf;
- If you have agreed, provide you with information that we think may be of interest to you.
We will remove any information which can identify you from data used to:
- Carry out research on the demographics, interests and behaviour of people who use our services. This research is to help us gain a better understanding of the problems and difficulties people are having and how they can best be helped. It may allow us to improve and extend our services so that we can help people more. Research of this kind may be carried out internally by our employees or we may ask others to do it;
- Communicate with our investors and other supporters.
- Using information about you for marketing
- We may send you marketing information but only if you have specifically indicated you agree to us doing so and in the way(s) you have agreed to. Our marketing information covers;
- information about our company and our services,
- opportunities we can offer of ways you can get help or provide help to others;
We will attempt to notify you of ways to change your communication preferences with any letter/email we send you.
- How we manage our marketing
- We may use third party marketing partners who may set cookies before you reach our site. If you wish to prevent this type of cookie (sometimes known as a ‘third party’ or ‘analytical’ cookie), you may do so through your device’s browser security settings.
- You may sometimes see our services advertised on other websites. Cookies provided by the other websites or advertising networks can tell us how effective this is. For example, if you click on one of our advertisements, the website owner might use a cookie to tell us that you came from their site. You can choose to disable third party cookies by updating your device settings.
- Sharing your personal information
- We will only share your information if we are legally required to do so by a law enforcement agency legitimately exercising a power, or if compelled by an order of the Court.
- We may work with carefully-selected partners who may carry out work on our behalf. These partners may include mailing houses, marketing agencies and IT specialists. The kind of work we may ask them to do includes answering questions about products or services, sending postal mail, emails and text messages, carrying out research, analysis and processing card payments. We only choose partners we can trust. We will only pass personal data to them if they have signed a contract that requires them to:
- abide by the requirements of the GDPR;
- treat your information as carefully as we would;
- only use the information for the purposes it was supplied (and not for their own purposes or the purposes of any other organisation);
- allow us to carry out checks to ensure they are doing all these things.
- Storing your personal information
- Information is stored by us on computers and servers located in the UK. The information that we collect from you will not be transferred to a destination outside the European Economic Area (“EEA”). We will take all steps reasonably necessary to ensure adequate security for your personal information.
- We place great importance on the security of all personally identifiable information associated with people who use our services. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal personal information under our control. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur while it is under our control, we use our best efforts to try to prevent it.
- Unfortunately, the transmission of information across the internet is not completely secure and whilst we do our best to try to protect the security of your information, by encrypting it, we cannot ensure or guarantee that loss, misuse or alteration of data will not occur whilst data is being transferred.
- We will keep your information only for as long as we need it to provide you with the services or information you have required, to administer your relationship with us, to comply with the law, or to ensure we do not communicate with people that have asked us not to.
- Security statement
- DIGITAL will store your personal information as securely as we can.
- We use the Secure Sockets Layer (SSL) protocol to protect information being transmitted over the internet. SSL provides communications privacy which allows your computer to communicate with our server in a way that is designed to prevent tampering or message forgery.
- We will take all reasonable care to keep the details of your personal information secure but unless we have been negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information transmitted by you when using any of our services.
- What we don’t do with your personal information
We never sell or share your information to other organisations, to use for their own purposes.
- Your rights
The GDPR (General Data Protection Regulations (Regulation (EU) 2016/679)) gives you rights over your personal information and how we use it. These include:
- the right in certain circumstances to have inaccurate personal information rectified, blocked, erased or destroyed;
- the right to prevent your information being used for direct marketing;
- the right of access to a copy of the personal information we hold about you (known as a subject access request);
- If you wish to exercise any of these rights please contact our Data Protection Officer Dr George Hibbert in writing at our office address.
- For more information about your rights under the Data Protection Act and GDPR go to the website of the Information Commissioner’s Office at org.uk
- Changes to this policy
- You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
- If you have a complaint
If you have a complaint regarding our use of your personal information please contact our Data Protection officer Dr George Hibbert firstname.lastname@example.org or you can go to the website of the Information Commissioner’s Office at ico.org.uk or write to them at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone them on 0303 123 1113.
Last Modified 11th May 2018
Conditions of Use for the OnRecord Mobile App, the OnRecord Platform and the OnRecord Website
These Conditions of Use Apply to all Users of the Services provided by analogue.DIGITAL (a trading name of Tadpole Cottage Ltd, a company incorporated in England and Wales with company number 7463715), which consist, at present, of the OnRecord mobile App, the OnRecord Platform (or Platform) and the OnRecord website. It is the responsibility of any organisation using our Services to ensure that all those working under their direction, whether employed or not, are aware of and are compliant with these conditions.
Some words and expressions used in these General Conditions of Use have particular meanings, as follows:
- “App” means the OnRecord mobile App;
- “User” or “You” and “Your”: Means any individual, organisation or member of an organisation, authorised by analogue.DIGITAL to access the OnRecord mobile App or the OnRecord Platform via the OnRecord Platform;
- “Charges”: has the meaning given to it in the ‘Platform License Fee’ section below;
- “OnRecord App User”, “Mobile User” or “App User”: mean an individual using the OnRecord mobile App;
- “Changes”: means changes to the Services provided by analogue.DIGITAL via the mobile App, the Platform and Website;
- “Communication” and “Communicate”: means electronic communication via the Platform between Users;
- “Confidential Information”: means all information, such as User records, which should be considered confidential due to its nature which is disclosed by one party to the other in connection with these General Conditions of Use whether before or after the date of signature of these General Conditions of Use in respect of the disclosing party;
- “Data Protection Regulations”: means the General Data Protection Regulations (GDPR) (Regulation (EU) 2016/679), the Regulation of Investigatory Powers Act 2000 and all other Applicable laws, regulations and codes of practice relating to the processing of personal data or sensitive personal data or relating to privacy under any jurisdiction Applicable to these terms and conditions as the same may be amended, modified or replaced from time to time;
- “Database”: means the database provided by analogue.DIGITAL on which User records are stored;
- “Good Industry Practice”: means those practices which, according to a suitably qualified person with reasonable experience of the relevant industry (which, for the avoidance of doubt, shall mean the software associated services industry), comprise generally accepted good practices in the relevant industry;
- “Identification Details”: means the unique User name, password and other information required for a User to access the mobile App and to access records via the Platform;
- “OnRecord Website” or “Website”: means the Website located at https://onrecord.tech/;
- “Records”: means the Records uploaded to the OnRecord Database by Users;
- “Platform”: mean the Application accessed by the login facility on the OnRecord Website enabling Users to access the records of OnRecord Users;
- “Services”: means all the services provided by analogue.DIGITAL;
- “User Guide”: means such User guide to the Platform and Services as may be provided by analogue.DIGITAL from time to time;
- “Web Page(s)”: means the pages of the OnRecord Website or such other URLs as may be notified to Users by analogue.DIGITAL from time to time, for the location of the Platform which gives web access to the OnRecord User Records;
- “We”, “Us” and “Our”: means analogue.DIGITAL;
- “Your System”: means the mobile equipment and computer system (including hardware and software) used by a User.
1.1 By using the mobile App and the Platform You agree, as a User, that You will have gained access by receiving analogue.DIGITAL registration services and that:
- You have read and have agreed to be bound by these General Conditions of Use;
- You represent and warrant that you have the authority and capacity to enter into this agreement;
- You represent and warrant on a continuing basis that You are authorised and regulated by the relevant regulator (if Applicable) and have all the necessary permissions to provide Your services to Users as Appropriate;
1.2 The licenses herein are defined by the terms of these General Conditions of Use;
1.3 You will be responsible for compliance with all anti-money laundering regulations in respect of Users with whom You Communicate;
1.4 You will not permit any person who is not a User to access or use the Platform through Your System;
1.5 You will not access the Platform from another country if it is not permissible to do so in that country, and acknowledge that it is Your responsibility to check the legal position in other countries;
1.6 You agree that all information given as part of the registration process to gain such access and use such rights as are granted in these General Conditions of Use is true and complete in all material aspects;
1.7 Electronic mail is not encrypted. As a User, You acknowledge that the use of electronic communications generally (for example, for administrative purposes to contact analogue.DIGITAL) is not a completely reliable or secure method of communication;
1.8 You are responsible for employing reasonable information technology related competency, skill and knowledge in using the mobile App and the Platform. Analogue.DIGITAL shall not be liable for such losses as may arise from a failure by a User in this respect;
1.9 We do not provide legal advice in any of our Services and nothing in our Services shall be construed as legal advice. All content of our Services is provided for general information only without any guarantees, conditions or warranties as to its accuracy. It is not intended to amount to advice (of any nature) upon which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our Services. We do not represent that any User is qualified to provide legal advice and you therefore rely on any contribution or materials provided by such User entirely at your own risk.
We make no representation or warranty as to the accuracy, completeness or correctness of the information on the website, the mobile App and the Platform provided by us or by Users. Subject to the provisions of the section entitled ‘Limitation of Liability and Indemnity’ below, Analogue.DIGITAL will not accept liability for any claims by Users for damages or loss arising from inaccurate, incomplete or incorrect information of any kind. You are at all times responsible for informing analogue.DIGITAL of any errors or omissions in, or caused by, Your use of the Services immediately after You become aware of them;
1.10 We shall use reasonable skill and care and Good Industry Practice in delivering the mobile App, the Platform and the Services. By using the Services You are deemed to have satisfied Yourself as to their suitability and compliance with any relevant legislation or regulation;
1.11 You have or will obtain any necessary consent from Users before accessing their records in accordance with the General Data Protection Regulations (GDPR) (Regulation (EU) 2016/679) to enable You to Communicate relating to their records via the Platform. Analogue.DIGITAL will comply with its own obligations in respect of data protection pursuant to the section entitled ‘Data Retention and Use of any Data Collected about App Users and Organisation Users’ below. However, You acknowledge that You are the data controller in relation to any data you submit or receive via the Platform and that You will comply with Your own obligations under the GDPR;
1.12 If you are using the Platform as a legal representative, that you have all requisite authority to act on behalf of such Users in relation to their Records;
You will use the Platform only:
- To access Users’ records and use our Services; and
- In accordance with all Applicable laws, these General Conditions of Use and the User Guide;
1.13 You are responsible for checking the Website for announcements made by Us relating to changes to the Services and or to these General Conditions of Use (including the User Guide) and for ensuring Your own compliance and that of Your System, at Your cost, with such Changes. We will provide You with reasonable guidance on the implementation of Changes;
1.14 Queries relating to the standard functionality of, and access to, the mobile App and the Platform may be directed to email@example.com. Analogue.DIGITAL will not advise You on any such issues relating to compliance with legal processes;
1.15 If You require additional IT support, then We reserve the right to charge You for such support. For these purposes, additional IT support shall mean technical support additional to or outside the scope of that in the User Guide, for example responding to ad hoc queries relating to functionality that is not part of the then current functionality of the mobile App and the Platform.
1.16 You will not use the mobile App and the Platform to engage in any conduct that could have or could reasonably be expected to have a detrimental effect on the reputation of the OnRecord App or Website or of analogue.DIGITAL;
1.17 To the extent that We use sub-contractors to manage the Services, You agree to co-operate with Us and with such third parties in good faith as necessary in order for You to gain access to the mobile App and the Platform, receive the Services and comply with your obligations under these General Conditions of Use;
1.18 You will not do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the mobile App and the Platform; and
1.19 You acknowledge that any breach of these General Conditions of Use could impact negatively on the operation of the mobile App and the Platform.
1.20 Further enhancements to the mobile App and the Platform may be introduced in the future which will also be governed by these General Conditions of Use.
1.21 If requested by reasonable notice in writing from analogue.DIGITAL, Users shall at their own cost provide analogue.DIGITAL with such assistance as is reasonable to allow analogue.DIGITAL to conduct User acceptance testing of changes to the Services.
1.22 Nothing contained on the website, mobile App or Platform constitutes or is intended as a recommendation or as advice or an advertisement, inducement or offer of any kind.
- Continuity of operation of the Platform
2.1 Analogue.DIGITAL wishes to make access to the Services to be continuously available. However, the Services may be temporarily unavailable for a number of reasons, including routine planned and emergency maintenance and change management, excess demand, failure of the Internet, misuse of the Services by Users and circumstances beyond the control of analogue.DIGITAL. We do not warrant that the Services will be available at all times but we will use reasonable endeavours to keep downtime to a minimum.
2.2 Analogue.DIGITAL may amend, extend, suspend or withdraw any online facility for whatever reason at any time (for example, in order to protect the website, the Platform, the mobile App or Users or for the reasons described in the section entitled ‘Suspension and Termination of Users’ below). However, we shall use reasonable endeavours without breaching any Applicable laws or regulations that govern the operation of the Services to notify the User of our intentions and the reasons for our intentions where practical to do so.
2.3 We shall not have any liability to a User for any non availability or interruption in the operation of the Services or for any failure or delay of a communication which is beyond our direct and reasonable control.
- General Grant of Right of Use
3.1 Subject to the Conditions laid out in this document, analogue.DIGITAL grants the User a revocable, non-exclusive and non-transferable right to use the mobile App and the web browser based access to the Platform in accordance with these General Conditions of Use until such time as this agreement is suspended or terminated by a party pursuant to the section below entitled ‘Suspension and Termination of Users’.
3.2 Your Responsibilities as a User for Security:
- To enable the User to access and use the mobile App and the Platform, the User must correctly identify him/herself using the Identification Details.
- A User will be offered a limited number of attempts to enter their Identification Details correctly. If this information is entered incorrectly on the limited number of attempts permitted, the User’s rights to use the Services may be temporarily suspended and their account temporarily disabled by analogue.DIGITAL.
- Users must keep the Identification Details secure and not disclose them to anyone who is not authorised to use them on Your behalf. If You believe that someone else has obtained possession of any of the Identification Details You should immediately contact firstname.lastname@example.org.
3.3 As a User You are responsible for all use made of the mobile App and the Platform through use of Your Identification Details. In addition, any client management system used as part of Your System to facilitate access to the Platform must maintain the Identification Details in a secure manner. As such You should take adequate precautions, ensuring that:
- Only You are able to access the mobile App and the Platform and You comply with all security procedures notified to You from time to time;
- All the Identification Details are kept in a secure place;
- You do not disclose any or all of the Identification Details to any other person except as may be necessary and on a need to know basis only to Your system administrator, where Appropriate, who may keep a secure record of the same;
- You do not save the Identification Details on to Your mobile device or PC or write them down;
- You do not leave Your mobile device or PC unsecured while You are connected to the Platform;
- You do not use the Platform from any computer connected to a local area network without first making sure that no-one else will be able to observe or copy any of the Identification Details or gain access to the Platform purporting to be You and that You do not access the Platform from an unsecured network; and
- You do not allow any third party, whether on your behalf or otherwise, to implement any hub that establishes links between Users or submits or retrieves Records via the Platform on behalf of more than one User simultaneously with the aim of replacing and/or mirroring all or part of the functionalities of the Platform and neither will You facilitate any third party in so doing.
4. Your Systems
4.1 Before choosing to use the mobile App or the Platform a User should ensure that they have the Appropriate equipment and computer capabilities sufficient for the purpose. You are responsible for ensuring that Your Systems are compatible with the mobile App and the Platform.
4.2 You are responsible for Applying good industry practice to ensure that Your Systems are free of any computer virus or other harmful code and adequately maintained in every way.
4.3 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
4.4 You are responsible for any third party service (including but not limited to ‘internet service providers’) through which You access the mobile App and the Platform, including compliance with any terms and conditions Applicable to, and payment of any charges connected with, any such service.
4.5 If as a User You access the mobile App and the Platform from a country outside the United Kingdom, or any country which limits electronic communications of the kind contained in the mobile App or the Platform, You are responsible for complying with the local laws of that country and agree that You will indemnify analogue.DIGITAL against any loss which it may suffer as a result of Your failure to comply with this obligation.
- Relationship with Third Parties
5.1 Each User is responsible for the information and Services it makes available through the mobile App or the Platform. We make no representation or warranty, whether express or implied as to its accuracy or completeness, or fitness for any purpose.
5.2 Analogue.DIGITAL does not accept any responsibility and will not be liable for the performance of any third party with whom You engage in Communication regardless of whether any contract is made with such party via our Services.
5.3 Service quality: We may record calls and electronic messages from Users to Us
in order to provide the support and administration Services for the mobile App and the Platform and to ensure quality control and training, and to help resolve any disputes:
(a) Analogue.DIGITAL may record phone conversations with You and keep such recordings for a reasonable period of time;
(b) Analogue.DIGITAL will keep a record of all communications and messages sent by You to email@example.com;
(c) Analogue.DIGITAL may retain such records for the purpose of using the same in evidence in the event of a dispute in relation to Your instructions; and
(d) Analogue.DIGITAL may monitor calls or messages to it in order to assess and improve the quality of the Services.
- Data Retention and Use of any Data Collected about Users
6.1 Analogue.DIGITAL will not use any data about Users collected through the mobile App and the Platform for marketing or sales purposes or any other commercial purpose without their prior consent.
6.2 Use of the mobile App and the Platform may involve the collection of limited information about Users to the extent necessary in order:
- to deal with any enquiry relating to use of the Services;
- to administer and/or manage our relationship with You;
- to conduct quality assurance and compliance monitoring;
- to audit and analyse how parts of the Services are used;
- to conduct such investigations as may be required to protect the reputation of the mobile App, the Platform and analogue.DIGITAL; and
- to comply with an enquiry from any relevant regulatory body.
6.3 The General Data Protection Regulations (GDPR) provide protection to individuals by governing, amongst other things, the way in which personal data is held and used. Individuals are also afforded rights of access to such information held about them.
6.5 By using the Services You agree that analogue.DIGITAL may:
- Keep personal details which You or others give it and any information that it accesses from Your System on a database and use such information to provide the Platform services and for administrative and security purposes; and
- Disclose information concerning You as a User to any person with legal, administrative or regulatory power over analogue.DIGITAL.
6.6 We will not disclose any personal data to any entity that is located in a country that does not have similar protections to the Data Protection Regulations.
6.7 Analogue.DIGITAL acknowledges that records uploaded by a User are the property of the User and the User reserves all intellectual property rights which may, at any time, subsist in such data.
6.8 Records uploaded to the Database will be retained by analogue.DIGITAL for as long as the User who uploaded them continues to be granted the right to access the Services by analogue.DIGITAL. When such access right is withdrawn or terminated, records shall be deleted securely. Users will be notified of the planned date for deletion of their Records and will have the opportunity to download their Records.
- Platform License Fee
7.1 It is not analogue.DIGITAL’s current intention to charge Users for their use of the Services.
- Limitation of Liability and Indemnity
8.1 Except as expressly set out in these terms all conditions, warranties and representations whether express or implied by statute, common law or otherwise in relation to the use of the Services by a User in accordance with these General Conditions of Use, are excluded to the full extent permitted by law.
8.2 Subject to the provisions in Condition 8.4 below neither analogue.DIGITAL nor its directors, officers, employees, licensors and agents shall be liable to a User in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages whether direct or indirect arising out of or in connection with the use of the Services or otherwise in connection with these terms:
- loss of profit;
- loss of business;
- loss of data;
- loss of use of equipment or process;
- loss of anticipated savings;
- lost management time;
- lost investment opportunity or goodwill;
resulting from any use of the Services pursuant to these General Conditions of Use;
- loss arising due to a failure by You to upgrade and maintain Your Systems and keep them compliant with the requirements in these General Conditions of Use; or
- any indirect, special or consequential loss or damage howsoever caused even if We were advised of the possibility of such losses or damage in advance.
8.3 Analogue.DIGITAL shall not be liable for any defects in any network, direct or indirect failure of any power supplies, equipment, data processing and communication systems or transmission links outside their control (including any middleware implemented by a User or a third party on behalf of a User).
8.4 Analogue.DIGITAL does not exclude or restrict its liability for death or personal injury arising as a result of its negligence or fraud (including fraudulent misrepresentation) or to the extent such liability cannot be excluded or restricted by financial services legislation or any Applicable laws and regulations.
8.5 Save as required by law or as otherwise provided in these General Conditions of Use, analogue.DIGITAL will not be responsible for any errors, failures, delays or distortions in transmission of information or during Communications, save to the extent that any such liability is caused by Our negligence or breach of these terms.
8.6 As a User, You agree to indemnify analogue.DIGITAL and its directors, officers, employees, licensors, affiliates and agents against any losses, claims, liabilities in full and on demand against any and all reasonable costs, claims, demands, expenses, liabilities, fees (including those of Our legal and other professional advisers) or losses or damage suffered (including damage or loss suffered from viruses or harmful code) of whatever nature arising out of or in connection with:
- The misuse or loss by You of the Identification Details;
- abuse or misuse by You of the servoces in any form;
- any breach by You of these General Conditions of Use;
- Your failure to comply with the GDPR and/or any Applicable laws; and
- You processing data outside the UK, save to the extent that any such liability is caused by Our breach of these terms or Our negligence.
- Confidentiality and Intellectual Property
9.1 All Confidential Information disclosed by one party to the other party under these General Conditions of Use or passed or transmitted via the mobile App or the Platform shall be kept secret by the receiving party and shall be used by the receiving party only for purposes agreed by the disclosing party. The receiving party agrees that it will not reveal, publish or otherwise disclose the Confidential Information of the disclosing party to any third party without the prior written consent of the disclosing party, except that each party may disclose Confidential Information to its Affiliates, agents and professional advisers or as necessary in the performance of the Agreement or operation of the Services and to comply with any requirement of the courts, police or regulatory entity requiring such disclosure.
9.2 The foregoing obligations shall not Apply to Confidential Information to the extent that it can be shown:
- To be publicly available at the time of its disclosure or to have become publicly available thereafter other than as a result of a breach of this Agreement by the receiving party; or
- To have been in the possession of or to be known by the receiving party prior to its receipt from the disclosing party; or
- To have become available to the receiving party from a source other than the disclosing party, which source is not bound by any duty of confidentiality owed in relation to such Confidential Information.
9.3 The User shall not use the name, trademark or logo of analogue.DIGITAL in any publicly issued documents or information, without the prior written consent of analogue.DIGITAL.
9.4 All intellectual property rights (IPRs) in the App, the Website and the Platform are owned by analogue.DIGITAL and nothing herein shall constitute an assignment, transfer or vesting of such IPRs in any User. You shall not do anything that may be considered an infringement of the IPRs owned by and/or licensed to us as set out herein.
- Suspension and Termination of Users
10.1 Termination by analogue.DIGITAL:
10.1.1 In the event that analogue.DIGITAL knows or has reasonable grounds to suspect that a User has committed or is intending to commit a material breach of these General Conditions of Use (a “breach”) analogue.DIGITAL may, in their discretion, suspend or terminate the User’s use of the Services:
- Immediately without notification to the User where such suspension or termination is reasonably required in order to protect the Platform and the Services or where the breach is not capable of remedy or the breach is so serious or significant as to justify, acting reasonably, immediate suspension or termination provided that analogue.DIGITAL shall notify the User of such suspension or termination as soon as reasonably practicable thereafter; or
- DIGITAL notifies a User in writing that it knows or has reasonable grounds to suspect that a User has committed a breach or is intending to commit a breach and requiring the breach be remedied within a defined period and if such User does not remedy the breach within that period.
10.1.2 Following any suspension the parties shall in good faith attempt to resolve the breach save that if following such consultation analogue.DIGITAL is not satisfied, acting reasonably, that the User will use the Services in accordance with the General Conditions of Use then analogue.DIGITAL shall be entitled to terminate the User’s access to the Services.
10.1.3 At any point prior to notice of termination having been given in writing by analogue.DIGITAL to the User or within 7 working days of such notice being given the User may submit an Appeal in writing addressed to analogue.DIGITAL in respect of any likely or actual termination of this Agreement. The Appeal must contain adequate information for the matter to be properly assessed and must be submitted. Analogue.DIGITAL will give reasonable consideration to the facts of the Appeal and will notify the User of its final decision in writing within 7 working days of receipt of the Appeal. This Appeals process is without prejudice to the Governing Law and Jurisdiction.
10.1.4 Analogue.DIGITAL may terminate this Agreement, by giving three (3) calendar months’ prior written notice.
10.1.5 Analogue.DIGITAL may terminate this Agreement forthwith in the event of any change in Applicable law or court order or threatened court order or proceedings or threat of proceedings that materially impairs analogue.DIGITAL’s ability to provide the licenses, Services or access described in this Agreement.
10.2 Termination by Users
10.2.1 The User may terminate its use of the Platform with immediate effect by giving analogue.DIGITAL written notice to the email address on the Website.
10.2.2 In the event of such notice being served this will not affect any data that has been uploaded by Users.
10.2.3 On termination the User shall cease all further access to the Platform.
10.3 Consequences of Termination
10.3.1 Following termination or expiry of this agreement the parties shall co-operate in good faith to agree and comply with an exit plan detailing the practical arrangements which are necessary and reasonable in the circumstances to close the User’s account (including, for example, in respect of such limited access as may be required to download Communications and records in the Platform).
- Force Majeure
Analogue.DIGITAL represents and warrants that it has procured disaster recovery and business continuity plans in respect of the Platform and that analogue.DIGITAL will use reasonable endeavours to ensure that these plans are implemented and enforced if Applicable. However, no party to these General Conditions of Use will be liable to any other for a delay in performing obligations or for failure to perform any of its obligations under these General Conditions of Use to the extent to which this is caused by any event beyond its reasonable control including, without limitation, strikes, labour disputes, natural disasters, war, riot, vandalism, terrorism, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction or any overriding emergency procedures, fire, flood and storm.
- Assignment and Subcontracting
12.1 The User shall not assign, sub-contract or transfer any of its rights or obligations under this agreement without the prior written consent of analogueDIGITAL, such consent not to be unreasonably withheld.
12.2 Analogue.DIGITAL may assign or transfer all or part of its rights and obligations under this agreement to another company.
12.3 Analogue.DIGITAL may sub-contract certain aspects of the provision of the Services but shall retain primary liability, and remain the sole entity primarily liable to Users, for the Services. All claims by an Organisation User under these General Conditions of Use should be made directly to analogue.DIGITAL using the email address displayed on the Website.
13.1 Analogue.DIGITAL may change these General Conditions of Use from time to time. Such changes will be notified to You at Your next log-in in which case You will be required to click to accept the amended General Conditions of Use at the point of log-in in order to continue Your use of the Services.
13.2 Analogue.DIGITAL shall give Users such notice (via announcements on the Website) of any material changes to the General Conditions of Use of the mobile App, the Platform or Services as analogue.DIGITAL deems adequate to allow Users to implement such changes as may be necessary to ensure their compliance.
- General Provisions
14.1 No conduct or delay by analogue.DIGITAL in exercising a right or remedy shall be taken as a waiver or variation of any of its rights or remedies unless We waive or vary such right in writing. No waiver or variation on a particular occasion will operate as a waiver or variation of any rights or remedies in respect of any other matter.
14.2 If any of the provisions of these General Conditions of Use is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions in these General Conditions of use shall continue in full force and effect as if they had been executed with the invalid provision eliminated.
14.3 Nothing in these Terms and Conditions shall confer or is intended to confer on any third party any benefit or the right to enforce any terms contained herein for the purposes of the Contracts (Rights of Third Parties) Act 1999.
14.4 Nothing in these General Conditions of Use should be construed as indicating or giving rise to a joint venture or partnership.
14.5 Nothing in this agreement will require either party to be in breach of law.
14.6 These General Conditions of Use and any documents referred to in them constitute the entire agreement between the parties and supersede all previous drafts, agreements, arrangements and understandings between the parties, whether written or oral, relating to its subject matter. Each party acknowledges that, in agreeing to these General Conditions of Use, it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently), other than as expressly set out herein.
- Governing Law And Jurisdiction
15.1 These General Conditions of Use shall be subject to and construed in accordance with the law of England and Wales, and the English courts shall have exclusive jurisdiction to settle any dispute arising under these terms.
Last modified 15th May 2018
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access the OnRecord mobile app or the OnRecord online application or platform (our “services”).
It applies to all users of, and visitors to, our site.
Any definitions used in this Acceptable Use Policy shall have the same meanings as provided in our Conditions of Use.
- About us
The site is owned and operated by Tadpole Cottage Ltd, trading as analogue.DIGITAL (‘us’ or ‘we’). We are registered in England and Wales under registered number 7463715. Our registered office address is Tadpole Cottage, Tadpole Lane, Swindon SN25 2DZ.
- Prohibited uses
You may only use our site for lawful purposes.
- You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Conditions of Use;
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
- Interactive services
- We may from time to time provide interactive services on our site, including, without limitation:
- sharing of user generated records;
- chat rooms;
- message boards;
- private messaging;
- the ability to leave feedback for others;
- the ability to comment on various news items.
- We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. You acknowledge that our Interactive Services are not designed for or targeted at children.
- Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- Content standards
- These content standards apply to all User Content submitted for publication on our site by you and other users of the site, and to any Interactive Services associated with it.
- You acknowledge that the nature and intention of our services are to enable users to create records which can be shared with the user’s permission to access help, support and advice. We also aim to provide a forum to enable users to share and discuss their experiences. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any User Content as well as to its whole.
- We may at our entire discretion, and for any reason, refuse any User Content or refuse to allow any person to become a registered user if we do not consider that such content or user is in compliance with the terms of this Acceptable Use Policy.
- User Content must:
- be relevant to the nature and intention of the site as described above;
- be true, accurate in all respects and not misleading;
- be genuinely held, where it states opinions;
- comply with all applicable laws in the UK;
- comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code);
- User Content must not:
- contain the name or contact information of, or a web link to, any commercial website;
- offer credit;
- suggest or imply in any way that you have qualifications or accreditations that you do not genuinely hold;
- be a financial promotion within the meaning of the Financial Services and Markets Act 2000 (as amended);
- offer any promotion, game, prize or competition contrary to any applicable legislation;
- in any way damage or risk damaging our goodwill, brand or reputation;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trade mark or other Intellectual Property Right of any other person;
- be likely to deceive or mislead any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening or abusive;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as, by way of example only, copyright infringement or computer misuse.
- Consequences of breaching this policy
- We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any User Content submitted by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities and the courts as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
- You agree to indemnify us and keep us indemnified in respect of any liabilities, losses, expenses or other costs (including but not limited to all costs and expenses, including any VAT thereon, which we may incur in connection with the defence of such claims) howsoever incurred as a result of a breach of your obligations under this Acceptable Use Policy, including but not limited to any claims or proceedings made against us by any third party.
User Content is not generally moderated, although we reserve the right to moderate it. We will not be responsible as author, editor or publisher of any User Content and we expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of this Acceptable Use Policy. We reserve the right to promptly remove, or to disable access to, any User Content which we deem to be or which is notified to us as being potentially defamatory of any person, unlawful, in violation of any third party rights or in contravention of this Acceptable Use Policy.
- Changes to this policy
We may revise this Acceptable Use Policy at any time by amending this page. We will also update the ‘Last Modified’ date at the bottom of this Acceptable Use Policy. You are expected to check this page from time to time to take note of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
Last modified 14th May 2018