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User Conditions

By using this Platform, you are taken to have read, understood, and agreed to be bound by the Terms and Conditions detailed below.

Acknowledgement:

Confirmation that you have read, understood, and agree below User Conditions.

  • User Conditions

    These conditions, set out the rules and guidelines for users to safely access and navigate this website, and it's contents.  By using this Platform we acknowledge your understanding and acceptance of terms outlined.

    Definitions and Interpretations
    In these User Terms and Conditions the following definitions shall apply:

    Downtime

    Means a period of time when the full use or access to the Platform may be restricted or prevented due to a requirement to update the Platform Content, a technical issue which requires improvement, maintenance or fixing, or a disruption to your Platform Access due to circumstances beyond our control.

    End-Users

    You, your officers and/or any employees who you authorise to use the Platform via the Platform Logins.

    End-User Conditions

    The conditions for use of the Platform which you must ensure apply to each of the End Users to whom you allocate a Platform Login, and which are described in clause 7.1.

    Platform

    The Global Electronic Compliance and Market Intelligence platform providing online access to geographical, regulation, compliance and other sector-specific information and reference contacts supplied by us.

    Platform Access

    Means your access to the Platform via the Platform Logins supplied by us.

    Platform Content

    The information made available by us to you on the Platform.

    Platform Logins

    Each individual login provided by us to you and any End User you authorise with its own individual access to the Platform (and including additional Platform Logins).

    Termination Event

    Any of the reasons and/or methods of terminating your use of the Platform in accordance with clause 16.1.

    User Terms and Conditions

    These Platform User Terms and Conditions, and any amendments, and/or substitutions.

    Working Days

    A day on which banks are open for business in the Isle of Man.

    1. Terms

    1. Your use of the Platform commences on the first day you login to the Platform and shall continue in full force and effect for the duration of the BETA Testing period.
    2. Upon the expiry of the BETA Testing period your access to the Platform shall be revoked.

    2. Access
    We shall set up your Platform Access within as soon as possible. If you have any problems with access, please contact us at your convenience.

    3. Logins

    1. As part of the standard Platform Access you will be provided with four (4) individual Platform Logins.
    2. Subject to clause 3.1, you may distribute the Platform Logins at your absolute discretion within your organisation.
    3. You may not under any circumstances supply a Platform Login or facilitate Platform Access, whether directly or indirectly, and whether or not as a sub-licence or sub-contract, to any person or entity not directly employed by you or who is not one of your officers, and any such distribution will be considered as a material breach of these .
    4. You may request a small number of additional Platform Logins (maximum of 5).

    4. Use of Platform and Platform Content

    1. Upon your receipt of the Platform Logins you may start to use the Platform.
    2. You shall have full non-fettered access to the Platform for the duration of the BETA Testing period referred to in clause 1.1 for the purposes of an information resource except for any periods of Downtime or any periods of suspension.
    3. You shall ensure that all persons (i.e. End Users) to whom you provide a Platform Login are aware and shall abide by the End-User Conditions.
    4. Access to the Platform Content shall be available through the Platform only.
    5. The Platform Content is subject to change and may be withdrawn or replaced at any time, and without notice.
    6. The Platform Content shall be generic in nature and may become out of date after it is posted and which we may not be able to immediately update.
    7. We shall use our reasonable endeavours to keep the Platform Content up to date, however, you accept that the Platform Content is provided "as is" and is prepared solely for information reference purposes only and is not a substitute for specific legal or any other relevant advice.

    5. Platform Fee and Payment Terms
    The Platform is provided to you free of charge for the purpose of provisionally reviewing and testing only.

    6. Right to Restrict Access
    We reserve the right to restrict your access to the Platform for any reason during the BETA Testing period referred.

    7. End-User Condition

    1. You, and each End-User shall be bound by the following End User Conditions:
      1. You shall not be permitted to copy, document or service any of the Platform Content except as part of the normal use of the Platform contemplated by these User Terms and Conditions.
      2. You shall not translate, merge, adapt, vary, alter, or modify any part of the Platform Content.
    2. You shall not disassemble, de-compile, reverse engineer or create derivative works based on any part of the Platform or the Platform Content.
    3. You shall not publish or distribute any part of the Platform Content save and except as part of your normal use of the Platform.
    4. End-Users are responsible for the security of their own Platform Logins and any passwords connected thereto which provide Platform Access.
    5. We accept no liability for any misuse of the Platform by any End User who accesses the Platform using the correct Platform Login details, and we shall be entitled to assume that any person accessing with those Platform Login details is authorised to do so.
    6. End-Users are not permitted to remove, modify, alter or use any of our registered or unregistered trademarks, logos, or designs, or do anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of our intellectual property rights.
    7. Save where expressly permitted by these User Terms and Conditions, the Platform Content or any part or copy thereof may not be:
      1. Extracted, downloaded, printed, or otherwise copied or reproduced;
      2. Distributed, broadcast, forwarded or made available in any manner to any third party; or
      3. Stored or included in any public or private electronic retrieval system.
    8. The End-User is permitted to download and/or print extracts from the Platform Content for personal offline review provided that such extracts:
      1. Are stored securely and not (in whole or in part) distributed, broadcast, or otherwise made available in any manner to any third party;
      2. Are destroyed or deleted within 1 year of the download or print;
      3. Are not used for any commercial purpose; and
      4. Are not modified, copied, or incorporated into any other document or online content.

    8. Hosting and Maintenance

    1. We shall host and maintain the Platform for the period referred to in clause 1.1.
    2. You recognise that we may make use of third-party hosting and maintenance service providers on a sub-contracting basis to comply with our obligations under these User Terms and Conditions.
    3. We cannot control the actions of third-party providers who we rely upon to make your Platform Access possible and accept no liability for any loss or damage resulting from any inability to access the Platform at any time or for any period due to such a third-party provider’s default beyond our liability to refund fees in accordance with these User Terms and Conditions.
    4. We will endeavour to ensure that the Platform is normally available 24 hours a day, 7 days a week. However, Platform Access may be suspended temporarily during periods of Downtime and without notice where urgent maintenance is required or for any other reason.
    5. We will, where reasonably possible, endeavour to give you notice of planned Downtime to ensure minimum disruption to you.
    6. Where you inform us of a fault, we will endeavour to review the fault and attempt to remedy the same.

    9. Failure of Service
    We shall not be liable to you for any failure in service or access to the Platform due to a technical failing of the Platform.

    10. Liability and Reliance on Platform

    1. You accept and agree that the Platform is designed as a refence tool only and is under no circumstances to be deemed professional advice or guidance of any nature.
    2. We accept no responsibility or liability for any damage or injury (whether financial, reputational, or otherwise) that is caused because of your reliance on the Platform Content.
    3. You accept that the conduct of all End-Users is your sole responsibility and you will indemnify us for any loss or damage caused to us resulting from a breach of the End User Conditions by any End-User. Furthermore, you accept that you are liable for the conduct of End-Users and where any End-User breaches any of the End-User Conditions this will be deemed a breach of these User Terms and Conditions committed by you.
    4. The Platform Content may contain links or references to independent parties, websites, government bodies, or regulators. Such parties, websites, government bodies, or regulators are not under our control, and we are not responsible for any outcomes because of you contacting, using, engaging, or otherwise referencing them. You agree that you will be deemed to have exercised your own independent judgement in any contact, contract, or otherwise involvement with them.
    5. Both parties’ liability for any matter other than a breach of an express term of these User Terms and Conditions is fully hereby excluded permissible in law. For the avoidance of doubt this clause will not exclude our liability for death or personal injury resulting from negligence, nor for any loss resulting from fraud.
    6. You agree to indemnify us in full against all costs and expenses reasonably incurred to compel your performance of these User Terms and Conditions (including legal fees).
    7. We accept no liability to any person other than you. You shall ensure that all End-Users and any other persons having access to the Platform shall be made aware that we give no representation or warranty to them and exclude all liability for any loss sustained by them to the fullest extent permissible in law. Where we sustain any loss by virtue of your failure to comply with this clause you will indemnify us against such loss in full.

    11. Owners of the Platform

    1. You accept and agree that the Platform is designed as a refence tool only and is under no circumstances to be deemed professional advice or guidance of any nature.
    2. We shall always retain all and any intellectual property in and rights to the Platform, including all copyright and design rights in the software, code, visual interface, and Platform Content.
    3. Under these User Terms and Conditions, you are only granted specific rights to access the Platform and at no time will you acquire any right title or interest in the Platform or any of the Platform Content.

    12. Minimum Technical Requirements

    1. It is your responsibility to ensure that your technology enables Platform Access and the ability to review the Platform Content. We are not liable or responsible for any technical issues which may arise because of your failure to ensure compatibility.
    2. Technical information regarding the minimum specifications required for your equipment will be provided to you on request.

    13. Non-exclusive Service
    Nothing in these User Terms and Conditions prevents us from offering or providing access like those provided to you to any other person, whether that person is in competition with you.

    14. Waiver
    No delay or omission in exercising any right, power, privilege, or remedy in respect of these User Terms and Conditions is to impair such right, power, privilege, or remedy, or be construed as a waiver of it.

    15. Data Protection and Confidentiality
    Please refer to the Schedule for further information.

    16. Termination

    1. Your access to the Platform may be terminated under any of the following circumstances, each of which being referred to as a ‘Termination Event’.
      1. After the expiry of the BETA Testing period detailed in clause 1.1;
      2. Your access will automatically terminate if either we or you are:
        1. Wound-up, dissolved or have a liquidator appointed;
        2. Subject to a court petition or resolution presented seeking winding-up, dissolution or a liquidator appointment; or
        3. Subject to an analogous event to a) and b) above in any jurisdiction;
    2. Your access may terminate with immediate effect upon giving written notice to the other if the other party:
      1. Is in material breach of these User Terms and Conditions;
      2. Is insolvent, enters an arrangement with its creditors, is subject to a court judgment which is not satisfied within 30 days of payment being ordered, or has a receiver appointed over some or all its assets; or
      3. Where it is necessary to do so to protect our interests (acting reasonably) following you becoming subject to any criminal or regulatory investigation, finding or sanction or being subject to material adverse press.

    17. Post Termination Obligations

    1. Termination of your access (however occurring) shall not affect your liability to make any payment under these User Terms and Conditions arising before the date of termination.
    2. Each party shall remain liable for any breach which occurred prior to termination notwithstanding the termination.

    18. Assignment
    Neither party may assign, novate or transfer any rights or obligations under these User Terms and Conditions without the prior written consent of the other party which, in the case of an assignment of all rights and obligations in the pursuance of a genuine corporate restructuring, shall not be unreasonably withheld or delayed.

    19. Severance

    1. In case any provision in these User Terms and Conditions should be invalid, illegal, or un-enforceable in any respect under any law applicable in any relevant jurisdiction:
      1. the validity, legality, and enforceability of the remaining provisions of these User Terms and Conditions shall not in any way be affected or impaired; and
      2. the Parties agree that they will in good faith seek to negotiate and agree an alternative provision in substitution therefore which would achieve the commercial aims of such provision and be valid legal and enforceable, and they will take such steps as are required to amend these User Terms and Conditions so as to incorporate such substitute provision.

    20. Notice

    1. A notice required or authorised by these User Terms and Conditions must be in writing, which shall include a notice sent by email.
    2. Either party may amend their address for service from time-to-time by notice.
    3. In the absence of proof as to the actual time a notice is served, or as to the fact that it has not been served, it will be deemed served:
      1. If sent by ordinary pre-paid post, at 12.00 noon on the second working day after posting; or
      2. If sent by email, at 9.00am on the next working day after sending, provided that an automated response indicating that the intended recipient is out of the office is to be treated as proof that the notice was not received.

    21. Amendment

    1. We reserve the right to amend these User Terms and Conditions from time-to-time.
    2. Where that amendment is minor in nature and shall have no detrimental impact on you, we shall be entitled to amend these User Terms and Conditions without notice to you.
  • The Schedule

    Data Protection and the General Data Protection Regulation

    Background
    As a Company incorporated on the Isle of Man, we are required by law to keep all personal information safe. As a result of you engaging our services under these User Terms and Conditions, there is a chance that we may need to process small amounts of your (or your staff’s) personal information.

    Please therefore review the following carefully and it provides important legal information about how and why we process this personal data.

    Definitions and Interpretations

    Client

    Means you

    Data Controller

    Means us
    Data Subject Means an individual who is the subject of Personal Data.
    GDPR Means the EU General Data Protection Regulation 2016/679 and for the purposes of these User Terms and Conditions, includes the Isle of Man Applied GDPR and the Isle of Man Data Protection Act 2018.
    Personal Data Has the meaning set out in Article 4 of the GDPR and relates only to personal data, or any part of such personal data, (of which the Client is the Data Controller) required for the purposes of these User Terms and Conditions.
    Processing and Process Have the meaning set out in Article 4 of the GDPR.
    Processor Has the meaning set out in Article 4 of the GDPR.
    Recipient Has the meaning set out in Article 4 of the GDPR.

    By accessing the Platform under these User Terms and Conditions, you are taken to have read and understood the following:

    Key Information

    1. We are the Data Controller for the purposes of these User Terms and Conditions and as defined by the GDPR.
    2. Our primary Legal Basis for processing your Personal Data is for the purpose of allowing you access to the Platform and maintaining our relationship with you thereafter.
    3. We shall process the Personal Data only to the extent, and in such a manner, as is necessary for the provision of such access and in accordance with your instructions from time to time.
    4. We shall not process the Personal Data for any other purpose without your express consent.

    What information will we Collect:

    1. To fulfil our obligations under these User Terms and Conditions we shall be exposed to certain pieces of information which are classified as Personal Data. For the purposes of these User Terms and Conditions this could be any or all the following:
      1. Full names
      2. Addresses and/or telephone numbers (whether personal or pertaining to employment)
      3. Ages and places of birth
      4. Gender
      5. Employment information such as job titles
      6. Publicly available information (generally available through internet research)
    2. For the avoidance of doubt, we do not collect any kind of Personal Data which would constitute ‘Sensitive’ or ‘Special Categories’ of Personal Data for the purposes of the GDPR.

    Who might we disclose it to:

    1. Our Platform product is maintained internally and therefore we do not share or disclosure your Personal Data with any other organisation other than:
      1. Other companies within our Group Structure where it is required for the purposes of shared internal resources.
      2. As required by law or regulation to enforcement bodies or regulatory authorities.
      3. Any IT companies or archiving companies we may engage for the purposes of general office administration.
      4. Any third parties we may contract with to supply services under a strict contract containing data protection and confidentiality provisions.
    2. We would however like to draw your attention to the fact that Incesight Limited is a joint venture company, this means that whilst we are an Isle of Man based company and the Platform operation takes place in and from the Isle of Man, the Board of Directors of Incesight Limited is split between the Isle of Man and Gibraltar. For this reason, there is a chance that small amounts of personal data shall be transferred to and from Gibraltar as would be contained within Board pack information and general internal e-mails amongst the business as part of its day-to-day administration.

    How Long will we keep your Personal Data?

    1. We shall retain your Personal Data for the duration of these User Terms and Conditions and for a maximum of 5 years thereafter.
    2. Once the retention period detailed within clause 7 of the User Conditions has expired, or in the event your Personal Data is no longer required if earlier, your Personal Data shall be destroyed in accordance with the GDPR.

    Data Subjects Rights:

    1. All Data Subjects have the following rights under the GDPR:
      1. The right to access the Personal Data we hold about that particular Data Subject
      2. The Right to rectify or correct any inaccurate Personal Data we hold
      3. The right to the erasure or destruction of Personal Data
      4. The right to restrict our processing of Personal Data
      5. Where relevant, a right of Data Portability.
      6. Right to object to certain types of processing; and
      7. The right to lodge a complaint with the local Data Protection Information Commissioner
    2. In the event a Data Subject wishes to lodge a complaint the details are as follows:

    Information Commissioner
    First Floor, Prospect House
    Prospect Hill
    Douglas
    Isle of Man
    IM1 1ET
    Tel:      +44(0) 1624 693260

    1. Some of the above rights are absolute rights, and some of them are subject to limitations and/or exceptions. Please contact us if you or a Data Subject within your organisation requires further information or wish to exercise any of these rights.
    2. For the avoidance of doubt, we confirm that we do not utilise Automated Decision-making technology nor do we employ Direct Marketing mechanisms.

    Benchmarking

    1. We may from time-to-time undertake Benchmarking for the purposes of improving the Platform and/or the Platform Content.
    2. Benchmarking is the process where we shall gather information to assess use of the Platform, its regularity of use.
    3. No Personal Data is utilised for the purposes of Benchmarking, or on the event that Personal Data is required for the purposes of Benchmarking, it shall be completely anonymised.

    Further Information
    If you would like any further information about how we process Personal Data under these User Terms and Conditions, please do not hesitate to contact us using the following details:

    InceSight Limited
    Clinch’s House, Lord Street
    Douglas
    Isle of Man
    IM1 1LN
    Tel:         +44 (0) 1624 683242
    E-mail:    dataprotection@incesight.com

     (End of Schedule)