Terms - ipushpull

Privacy & Terms

ipushpull Terms of Service

Updated: 30th June 2020

Thank you for using ipushpull. By signing up to use our service, you agree to be bound by these terms together with our Privacy and Acceptable Use Policies which you will find on our website. If you sign up on behalf of a company, you are agreeing on the company’s behalf that it will be bound by these terms and our policies.

1. Introduction
- 1.1. We are PushPull Technology Limited, a company incorporated in England (no. 08400980). We may be contacted at 43-45 Dorset St, London W1U 7NA.
- 1.2. Details of the service we offer, including our current prices, are available on our website.
2. Your data
- 2.1 Our service will result in you uploading data to our servers, which may include keeping routine backups and sharing that data with others when you ask us to do so. In order to make this possible for us, you:
  - (a) give us permission to store, backup and share the data – and that permission extends to anyone we contract to supply our services (such as Amazon Web Services); and
  - (b) guarantee that you have a right to upload and use the data in connection with our service and give us the permission in (a) above.
- 2.2. You must comply with our Acceptable Use Policy.
- 2.3. We have no obligation to check that any data we store is accurate, up to date or suitable for any of your purposes. It is your responsibility for ensuring that any data you use is satisfactory for you.
- 2.4. We do not guarantee that changes you make to data will be saved to our servers or that it will be backed up by us. Data loss is possible. If the data is important to you, you must make sure that you have backed it up. We do not accept any liability for data loss however it was caused.
- 2.5. We may process personal data about you in accordance with our Privacy Policy.
3. Our software
- 3.1. In order to use our service you may want to download software plug-ins that we may make available to you from time to time. We give you permission to do this and grant you a non-exclusive, revocable, licence to use such software plug-ins but only if you comply with the terms of this agreement. You may use the software only as part of using our services.
- 3.2. We may make changes to the software you have downloaded from time to time including in order to correct bugs or apply upgrades. When we do so, we will make reasonable efforts to avoid a material impact on the way the service operates for you.
4. Our Service
- 4.1. Although we aim to provide a reliable service, we cannot provide a firm commitment that our services, or any part of them, will be available:
  - (a) at any particular time; or
  - (b) in an uninterrupted manner.
- 4.2. In particular, we will not be responsible for a failure in the operation of the services, or data loss due to circumstances beyond our control.
- 4.3. If you require specific commitments for service availability or response times for support requests, please contact at support@ipushpull.com us to discuss your requirements further.
- 4.4. We may, from time to time, make changes to the way our service operates. If such changes would have a significant impact on you, we will do our best to give you advance notice of any change.
5. Price and payment
- 5.1. Payment is to be made monthly in advance via the payment mechanism selected by you at the time of signing-up for the services at the prices available on our website.
- 5.2. Where you choose to upgrade your account with us to a higher service level you will pay a pro-rated charge for the new service level from the date you upgrade until your next subscription period begins. You will then be automatically billed the full amount for the new service level from such date onwards.
- 5.3. If you fail to make payment on time we may (at our option) suspend providing the services until you make payment or cancel your account.
6. Intellectual Property Rights
- 6.1. Nothing in this agreement is intended to transfer intellectual property rights, nor do we intend to give you any implied licence.
- 6.2. We reserve the right to delete or disable access to content alleged to infringe any third party rights and terminate accounts of those who we reasonably believe to be infringe third party rights.
7. Warranties
- 7.1. We do not give any warranties about the quality or functioning of our services or software. You should ensure that the software and services work for you as soon as possible after signing up to our services. If they do not work to your satisfaction, you have a right (see below) to cancel this agreement.
- 7.2. Nevertheless, nothing in this agreement is intended to affect your statutory rights as a consumer.
8. Exclusion and limitation of liability
- 8.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence), we are not legally responsible for any:
  - (a) losses:
    - (i) that were not foreseeable to you and us when the contract was formed;
    - (ii) that were not caused by any breach on our part
  - (b) business losses; and
  - (c) losses to non-consumers
9. Indemnities
- 9.1. You will indemnify us against any damages (including reasonable legal costs) that may be awarded against us by a court or tribunal of competent jurisdiction in respect of any claim arising out of data that you have uploaded to our systems, including for any claim that the data infringes the intellectual property rights of a third party and/or that you did not have the necessary rights to permit such use of the data.
10. Termination
- 10.1. You may terminate this agreement without a reason within 14 days of your signing up to our services by emailing us at support@ipushpull.com.
- 10.2. Once this 14 day period has expired, you may terminate this agreement by sending notice of termination to support@ipushpull.com at least one (1) full calendar month prior to the month in which you intend to terminate this Agreement (the "Termination Month"). The termination will become effective on the last day of the Termination Month. For instance, if you would like to terminate this agreement at the end of June, a notice of termination must be sent to us no later than 31 May.
- 10.3. We also reserve the right to terminate this agreement and stop providing services to you if you are have been using the services in a manner that disrupts our ability to provide the services or other users’ enjoyment of them.
11. Resolving disputes
- 11.1. Nothing in these terms affects your rights under the Consumer Rights Act 2015 or other applicable law. If you have a problem with the services, please contact us at support@ipushpull.com and we will do what we can to resolve the issue.
- 11.2. We will try to resolve any disputes with you quickly and efficiently. In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
12. Meaning of Consumer
- 12.1. "Consumer" means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
13. Communication
- 13.1. We will correspond with you using the email address you have associated with your account. You may communicate with us at support@ipushpull.com.
14. Amendments to the contract terms and conditions
- 14.1. We may amend these terms from time to time. The most current version of these terms will be on our website. If a revision meaningfully reduces your rights, we will give you thirty days’ advance notice of any changes (except where we need to make changes in order to comply with the law in which case, such changes may be effective immediately on notice to you). Following any notification that these terms and conditions have changed, you will have the right to terminate this agreement by sending notice to us at support@ipushpull.com within 30 days from the date of the notification.
15. Contracts (Rights of Third Parties) Act 1999
- 15.1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to give any person who is not a party to it any right to enforce any of its provisions.
16. Law and jurisdiction
- 16.1. English law is the law applicable to this agreement.
- 16.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise in connection with this agreement, but if you are a consumer you may also have a right to sue in your place of domicile and we may have an obligation to use the courts of the country in which you are domiciled and nothing in this clause is intended to interfere with any such right.

ipushpull Privacy Notice

Updated: 30th June 2020

We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation, which applies across the European Union (as well as in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Key terms

It would be helpful to start by explaining some key terms used in this document:

We, us, our	Pushpull Technology Ltd
Our data protection officer	David Jones, Director
Personal information	Name, email address and phone number used to access our service

Personal information we collect about you

We may collect and use the following personal information about you:

your name and contact information, notably email address, and (where relevant) your phone number and company details

This personal information is required to provide the ipushpull service (including associated applications and platforms) to you or your employer. If you do not provide this information, we have no way to identify you and provide access to the service.

How your personal information is collected

We collect most of this personal information directly from you via online registration through our website, trade events or industry programmes. However, we may also obtain the same personal information from your employer, for example from colleagues who have been authorised by your employer to provide it.

How and why we use your personal information

Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.

to comply with our legal and regulatory obligations;
for the performance of our contract with you or to take steps at your request before entering into a contract;
for our legitimate interests or those of a third party; or
where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for	Our reasons
To provide ipushpull products and services	For our legitimate interest in performance of the services in accordance with our contract with you or your employer
To prevent and detect fraud	For our legitimate interest in minimising fraud
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Preventing unauthorised access and modifications to systems	For our legitimate interests in preventing and detecting criminal activity To comply with our legal and regulatory obligations
Updating customer records	For our legitimate interest in performance of the services in accordance with our contract with you or your employer To comply with our legal and regulatory obligations For our legitimate interests in making sure that we can keep in touch with our customers about existing orders and new products
Marketing our services and those of selected third parties to: —existing and former customers;	For our legitimate interests in promoting our business to existing and former customers
External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts	For our legitimate interests in maintaining our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

Promotional communications

We may use your personal information to send you updates (by email, text message, telephone or post) about our products and services, including exclusive offers, promotions or new products and services.

We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell OR share it with other organisations outside the Pushpull Technology Ltd. group for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

contacting us at info@ipushpull.com
using the ‘unsubscribe’ link in emails

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal information with

We routinely share personal information with:

companies within the Pushpull Technology Ltd. group
third parties we use to help deliver our products and services to you, e.g. payment service providers;
other third parties we use to help us run our business, e.g. website hosts;

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal information with any other third party.

Where your personal information is held

Information may be held at our offices and those of our group companies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: ‘Exporting your personal information’.

How long your personal information will be kept

We will keep your personal information while you have an account with us or we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

to respond to any questions, complaints or claims made by you or on your behalf;
to show that we treated you fairly;
to keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy.

Exporting your personal information

To deliver services to you, it is sometimes necessary for us to transfer your personal information to places which do not have the same data protection laws as the United Kingdom. At the moment this is anywhere outside the UK or European Economic Area (EEA). For example:

with your and our service providers located outside the EEA;
if you are based outside the EEA;
where there is an international dimension to the services we are providing to you

European and UK data protection law requires us to check whether the transfer is lawful despite the difference in data protection law. For example, a transfer to Argentina will almost always be lawful even though their data protection law is different.

Where this is not the case, we will ensure that we and the recipient of the data sign standard contractual clauses approved by the European Commission for the purpose, in order to ensure your personal information remains adequately protected.

If you would like further information please contact us (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access	The right to be provided with a copy of your personal information (the right of access)
Rectification	The right to require us to correct any mistakes in your personal information
To be forgotten	The right to require us to delete your personal information—in certain situations
Restriction of processing	The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Data portability	The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object	The right to object: —at any time to your personal information being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

email, call or write to us OR our Data Protection Officer —see below: ‘How to contact us’; and
let us have enough information to identify you (e.g. your full name, email details and service logon username);
let us have proof of your identity; and
let us know what right you want to exercise and the information to which your request relates.

Keeping your personal information secure

We have appropriate security measures to prevent personal information from being accidentally lost or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it (see above: ‘Who we share your personal information with’). Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

The security of your information is important to us. When you enter sensitive information on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can view our Security Overview Page or contact us at info@ipushpull.com.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information. Please feel free to contact us or our data protection officer using the details at the bottom of the notice.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.

Changes to this privacy policy

This Privacy Notice may change from time to time. If we make a change to this Privacy Notice that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Notice.

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Pushpull Technology Ltd

43-45 Dorset St
London W1U 7NA
United Kingdom

+44 (0) 20 3808 4085
gdpr@ipushpull.com

ipushpull Acceptable Use Policy

Updated: 30th June 2020

You agree not to misuse the ipushpull services. For example, you must not, and must not attempt to, use the services to do the following things.

access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or ipushpull (or our service providers’) computer systems;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
plant malware or otherwise use the Services to distribute malware;
access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
publish anything that is fraudulent, misleading, or infringes another's rights;
impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
violate the law in any way, or to violate the privacy of others, or to defame others.

ipushpull Security Overview

Updated: 30th June 2020

Encryption in transit

ipushpull uses SSL/TLS to protect your data while it is in transit between your device and our servers.

Server-side Encryption

The contents of your Pages are encrypted using 256-bit AES symmetric encryption while they are stored on our servers. We restrict access to the keys we use to encrypt and decrypt your data.

Client-side encryption

If you wish, you may configure ipushpull to encrypt the contents of your Pages before they are pushed to our servers and decrypt them after they have been pulled back to your (or your permissioned Users’) devices. This encryption/decryption is performed automatically by our client applications e.g. our desktop and mobile websites and our Microsoft Excel add-in. The passphrases you use for encryption are not passed to the ipushpull servers so we have no way of decrypting the data. Only you, and the people you choose to share your passphrases with, will be able to decrypt the data.

IMPORTANT: if you lose or forget your passphrases there is no way to recover your data.

Note that activating client-side encryption on a page will restrict some functionality (e.g. SMS access to your Pages) which does not currently support encryption.

Data that is not encrypted on our servers

We do not encrypt data that is vital to the operation of the ipushpull service e.g. the set of Users you have granted access to your Pages. We also collect statistics to allow you to monitor the usage of your Folder and for billing purposes.

Maintaining your security

Choose a strong password to protect your Folder and encourage your Users to do the same.

Monitor the activity on your Folder. Your FolderUsage Page is updated every day with details of which of your users have been accessing your Pages.