We are Touchstone Review Limited, C/O FLB Accountants LLP, 250 Wharfedale Road, Winnersh Triangle, Wokingham, RG41 5TP, United Kingdom.
By registering for and using MetricsLed PROJECT (the Web Platform at www.metricsled.com and its subdomains), you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Web Platform.
We may update these Term of Use from time-to-time by posting a new version on the Web Platform. We will endeavour to notify you of changes by email or via the Web Platform. Your continued use of the Web Platform will be deemed acceptance of any amended Terms of Use. It is your obligation to ensure that you have read, understood and agree to the most recent terms notified to you or made available on the Web Platform.
1. Definitions
Customer: means our customer, or the customer of any reseller who has been appointed by us, who has paid for the use of the Web Platform and authorised you as an individual user to use the Web Platform.
Data Controller: has the meaning defined in the Data Protection Legislation.
Data Protection Legislation: means a) the General Data Protection Regulation (EU) 2016/679 (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and b) any successor legislation to the GDPR or the Data Protection Act 1998.
Input: means all materials that you contribute to the Web Platform.
Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and software marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
We, our, us: refer to Touchstone Review Limited.
Web Platform: means www.metricsled.com and its subdomains.
2. Access and use
If you choose, or you are provided with, usernames, passwords or any other information as part of our security procedures, you must treat such information as confidential, keep it secure and not disclose it to any other party.
You must immediately notify us of any unauthorised use of your user names or passwords or any other breach of security. We may advise you to reset your password and you must take all other actions that we reasonably deem necessary to maintain or enhance the security of your access to the Web Platform.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at techsupport@metricsled.com.
There may be certain tools or functionalities, such as two-factor authentication, that you will be required to use in order to access the Web Platform. If you choose not to utilise such tools or functionalities, you may not be able to use the Web Platform.
3. Changes to the Web Platform
We may update and change the Web Platform from time to time. We will try to give you reasonable notice of any major changes, unless it is not practicable to do so.
4. Suspension and withdrawal
We do not guarantee that the Web Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Web Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. Use of material on the Web Platform
All intellectual property rights in the Web Platform and the material published on it are owned by or under licence to Touchstone Review Limited Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Users of the Web Platform have no Intellectual Property Rights in the Web Platform.
You must not copy or make use of our logos or trademarks or the logos or trademarks of others displayed on the Web Platform without prior written consent.
You may only download copies of documents relevant to you from the Web Platform. These include documents you have uploaded to the web platform, documents uploaded to the Web Platform at your request, and documents and materials created as a result of your use of the Web Platform.
You must not use any screenshots, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our explicit written approval.
You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Web Platform.
You must not attempt to gain unauthorised access to any materials other than those to which you have been granted permission to access. You must not attempt to gain unauthorised access to the computer system on which the Web Platform is hosted or backed-up.
You must not use, or misuse, the Web Platform in any way that may impair the functionality of the Web Platform or other systems used to deliver the Web Platform or impair the ability of any other user to use the Web Platform or other systems associated with it.
You must not use any part of the content on the Web Platform for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of the Web Platform in breach of these terms of use, your right to use the Web Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our status (and that of any identified contributors) as the authors of content on the Web Platform must always be acknowledged.
6. Information on the Web Platform
We make reasonable efforts to update the information on the Web Platform, but we make no representations, warranties or guarantees, whether express or implied, that the content on the Web Platform is accurate, complete or up to date.
The content on the Web Platform, including any financial information, is provided for general information and guidance only. It is not intended to amount to advice on which you should rely. We recommend that you obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Web Platform.
7.Our responsibility for loss or damage suffered by you
The Web Platform is provided to you on an “as is” basis. We do not warrant that your use of the Web Platform will be uninterrupted or error-free. Among other things, the operation and availability of the website used for accessing the Web Platform is reliant on communication facilities, including public telephone services, computer networks and the Internet, which can be unpredictable and from time to time may interfere with or prevent access to the Web Platform or cause delays or delivery failures. We are not in any way responsible for any such interference or prevention of your access to or use of the Web Platform.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Web Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Web Platform or any content on it in so far as is permitted by law, including (without limitation) warranties of merchantability and fitness for purpose.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
We will not be liable for:
8. Uploading content to the Web Platform
Whenever you make use of the Web Platform, upload content to the Web Platform, contact other users of the Web Platform or interact with the Web Platform in any other way, you must comply with the standards set out in 8.1 and 8.2 below.
8.1 Prohibited uses
You may use the Web Platform only for lawful purposes. You may not use the Web Platform:
You also agree:
If you breach any of these terms, we may take any or all the following actions, at our sole discretion:
8.2 Content standards
These content standards apply to each part of any Input and to any Input as a whole.
We will determine, in our sole discretion, whether any Input breaches these content standards.
An Input must:
An Input must not:
You warrant that any Input complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of the content standards set out above.
You retain your ownership rights in any content you upload to the Web Platform, but you agree we may use, store and copy that content and distribute that content to third parties in so far as this is required for the operation of the Web Platform.
We have the right to remove any Input you make on the Web Platform if, in our opinion, your Input does not comply with these content standards.
You are solely responsible for securing and backing up your content and for ensuring that you have copies of your content for the purposes of complying with any regulatory or other requirements.
9. Viruses
We use reasonable endeavours to protect against viruses and malware on our systems and on the Web Platform, but we do not guarantee that our systems or the Web Platform will be completely secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Web Platform. You should use your own virus protection software and ensure you run frequent scans to protect your data and systems.
You must not misuse the Web Platform by knowingly introducing viruses, trojans, malware, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Platform, the server on which the Web Platform is stored, or any server, computer or database connected to the Web Platform. You must not attack the Web Platform via a denial-of-service attack or a distributed denial-of service attack.
Breaching these provisions constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Platform will cease immediately.
10. Data Protection
We maintain a Privacy Policy that sets out our obligations in respect of your personal information. You should read that policy at project.metricsled.com. You are taken to have accepted that policy when you accept these terms of use.
The Customer is responsible for obtaining any consents required from you in order to comply with the Data Protection Legislation and we will not be liable for any failure by the Customer to obtain any such consents. If you choose to withdraw any such consents given to the Customer for whatever reason, you must contact the Customer and us immediately in order to confirm your wish. We will cease using any personal data that is the subject of such consents unless we can rely on another lawful basis for continuing to process such data, such as in order to comply with a legal obligation. We will inform you of any alternative basis on which we seek to rely in order to continue processing such data.
11. Jurisdiction
The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use and their subject matter or formation (including non-contractual disputes or claims) and you use of the Web Platform.
Touchstone Review Limited is committed to safeguarding the privacy and security of your Personal Data.
This Policy sets out how we will treat your Personal Data when you use our Web Platform.
Please read this Policy carefully before using the Web Platform.
By using the Web Platform, you consent to and agree to be bound by the terms of this Policy.
We may update this Privacy Policy from time-to-time by posting a new version on the Web Platform. We will endeavour to notify you of changes by email or via the Web Platform.
Your continued use of the Web Platform will be deemed acceptance of any amended terms of this Policy.
It is your obligation to ensure that you have read, understood and agree to the most recent Privacy Policy notified to you or made available on the Web Platform.
1. Definitions
In this Policy:
Customer: means our customer, or the customer of any reseller who has been appointed by us, who has paid for the use of the Web Platform and authorised you as an individual user to use the Web Platform.
Data Controller: has the meaning defined in the Data Protection Legislation.
Data Processor: has the meaning defined in the Data Protection Legislation.
Data Protection Legislation: means a) unless and until the General Data Protection Regulation (EU) 2016/679 (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then b) any successor legislation to the GDPR or the Data Protection Act 1998.
Personal Data: means information about an individual who can be directly or indirectly identified by reference to the information.
We, our, us: refer to Touchstone Review Limited.
Web Platform: means www.metricsled.com and its subdomains including the software, services and documentation made available through these sites.
2. The Data Controller and Data Processor of your personal data
Under the Data Protection Legislation, the Customer is the Data Controller and we are the Data Processor for your Personal Data.
The Data Controller determines the purposes and means of processing of your Personal Data.
We process your Personal Data on behalf of the Data Controller, on the lawful basis of performing the contract with the Customer for the use of the Web Platform.
3. Information we process
The delivery of our Web Platform involves the collection, storage and use of data about individuals and organisations on behalf of the Customer. Individuals’ data includes Personal Data. Such Personal Data may include, but is not limited to:
We do not knowingly collect or process Personal Data from children under the age of 18.
4. Processing Personal Data provided by you about others
In using the Web Platform, you may be asked to provide details of other users. If you provide information about someone else, you must ensure that you are authorised to disclose that information to us.
This means that you must take reasonable steps to ensure the individuals concerned are aware of and consent to this Policy, including the fact that their Personal Data is being processed, the purposes for which that information is being processed, the intended recipients of that information, the individual’s right to obtain access to that information, our identity and how to contact us.
5. Cookies
A cookie consists of certain information sent by a web server to your web browser and stored by the browser on your device. This information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser and by so doing provide a more tailored service.
We only use “session” cookies on the Web Platform. Such cookies do not track a user but are used during the session to control access and permissions. These session cookies will be deleted from your device when you close your browser or connection. The Web Platform and mobile application will not work without these cookies.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. If you block all cookies this will negatively impact the functionality and usability of the Web Platform. We do not change our practices in response to a “do not track” signal in the HTTP header from your browser.
By using and continuing to use the Web Platform you consent to the use of cookies in accordance with this section 5.
6. How we process Personal Data
Your Personal Data submitted on the Web Platform will be used for the purposes specified in this Policy or in relevant parts of the Web Platform.
6.1 Use of information to provide the services
We may use your Personal Data to:
6.2 Create and maintain a trusted and safer environment
We may use your Personal Data to:
By using and continuing to use the Web Platform you consent to us processing your Personal Data in accordance with this section 6.
7. Disclosures
The Personal Data you provide to us will be shared with the Customer to facilitate the purpose for which your Personal Data was collected and processed, including the provision of the Web Platform.
We may disclose Personal Data about you to any of our employees insofar as reasonably necessary for the purposes set out in this Policy. We will ensure that any such employees to whom your Personal Data is disclosed are obliged to keep such data confidential.
In addition, we may disclose information about you:
Except as provided in this Policy, we will not provide your Personal Data to third parties for marketing or related purposes.
By using and continuing to use the Web Platform you consent to us disclosing your Personal Data in accordance with this section 7.
8. International data transfers and service providers
Information that we collect may be stored and processed in and transferred between any of the countries in which we or the Customer operate to enable us to use the information in accordance with this Policy. We have strict controls over how and why Personal Data can be accessed.
We use third party service providers to help us provide the Web Platform. Service providers may be located inside or outside the United Kingdom or the European Economic Area. Service providers may help to verify or authenticate your identity, check information against public databases, assist with background checks, fraud prevention and risk assessment, and provide you with services. These providers have limited access to your information to perform these tasks and are contractually bound to adhere to strict data protection requirements.
By using and continuing to use the Web Platform you consent to us transferring your Personal Data in accordance with this section 8.
9. Security of your personal data
We take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your Personal Data and to protect your personal data from unauthorised access, modification or disclosure. We store all the Personal Data you provide on secure, password and firewall-protected servers. Electronic connections you make to or receive from the Web Platform will be encrypted using industry standard SSL technology.
However, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet or on your devices. You should only input Personal Data to our web platform within a secure environment.
You are responsible for keeping your password and user details confidential. We will not ask you for your password and you should not disclose your password to anyone.
10. Data retention
The length of time we retain your personal data depends on the purposes for which we use it. We will retain your data for as long as you are using the Web Platform, or as needed to provide data to the Customer, unless we are required by law to dispose of it earlier or to keep it longer.
11. Third-party web applications
The Web Platform may contain links to other websites and applications. We are not responsible for the privacy policies or practices of third-party websites and applications.
12. Updating information
It is your responsibility to ensure that the Personal Data you provide to us is accurate, complete and up-to-date. We will assume that your Personal Data is correct.
You must contact the Customer if you wish to request access to, changes to or deletion of your personal data, unless you are able to do this yourself on-line.
You can request contact details by emailing techsupport@metricsled.com if you do not know who to contact.
13. Contact
If you have a question or a compliant about this Policy or our treatment of your Personal Data, email us at techsupport@metricsled.com or write to Touchstone Review Limited, C/O FLB Accountants LLP, 250 Wharfedale Road, Winnersh Triangle, Wokingham, Berkshire, RG41 5TP, United Kingdom.