Definitions and intepretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
|Account||a unique account created for You to access our Service or parts of our Service.|
|Data||collectively all information that you submit to ScaleXP Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;|
|Cookies||a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);|
|Data Protection Laws||any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;|
|GDPR||the UK General Data Protection Regulation;|
|ScaleXP Ltd, we or us||ScaleXP Ltd, a company incorporated in England and Wales with registered number 11447363 whose registered office is at 39 Pangbourne Ave, London, W10 6DJ;|
|Service||refers to the website www.scalexp.com|
|Service Provider||means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or assist the Company in analysing how the Service is used.|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;|
|User or you||any third party that accesses the Website and is not either (i) employed by ScaleXP Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ScaleXP Ltd and accessing the Website in connection with the provision of such services; and|
|Website||the website that you are currently using, www.scalexp.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules, or appendices are to sub-clauses, clauses, schedules, or appendices of this
c. a reference to a person includes firms, companies, government entities, trusts, and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, ScaleXP Ltd is the “data controller”. This means that ScaleXP Ltd determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
b. job title;
d. contact Information such as email addresses and telephone numbers;
e. web browser type and version (automatically collected);
f. operating system (automatically collected);
g. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically
How we collect data
6.We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7. ScaleXP Ltd will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
d. when you enter a competition or promotion through a social media channel;
e. when you elect to receive marketing communications from us;
f. when you use our services;
g. referring websites including third party app stores ;
Our use of data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
d. For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
e. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
f. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
g. To manage Your requests: To attend and manage Your requests to Us.
h. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
11. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Data that is given to us by you
12. We may share your personal information in the following situations:
a. With our employees, agents and/or professional advisors – to provide and maintain our Service, including to monitor the usage of our Service;
b. With any of our group companies or affiliates – to manage your account;
c. With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You.
d. For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
f. With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
g. With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
Keeping Data Secure
13. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a username that is unique to you.
b. we store your Data on secure servers.
14. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: email@example.com.
15. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses, and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
17. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
18. You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
19. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
20. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
21. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
27. We may also disclose Data to a prospective purchaser of our business or any part of it.
28. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
experience of using the Website and to improve our range of services. ScaleXP Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
30. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
31. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your
consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling ScaleXP Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
32. This Website may place the following Cookies:
|Type of Cookie||Purpose|
|Necessary / Essential Cookies||These Cookies are essential to provide services available through the Website and to enable some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and we only use these Cookies to provide You with those services.|
|Analytical/performance cookies||They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.|
|Functionality cookies||These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookies.|
33. You can find a list of Cookies that we use in the Cookies Schedule.
34. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please see the help menu in your internet browser. You can switch off Cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.
35. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently, including, but not limited to, personalisation settings.
36. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
37. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org, where you will also find details on how to delete cookies from your computer.
40. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
41. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.