Politick Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “The Customer” or “Your”) AND ELECTED TECHNOLOGIES LTD (hereinafter “Elected Technologies ”) GOVERNING YOUR USE OF the Politick ONLINE CRM SYSTEM (hereinafter “Politick” or “The Service”).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age and have sufficient authority within your organisation to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Description of Service
We provide a stakeholder relationship management application. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipments necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Personal Information, Privacy and Your Data
You are responsible for maintaining confidentiality of your username, password and the security of your second factor authentication method. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to firstname.lastname@example.org or by calling us on any of the numbers listed on www.electedtechnologies.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.
ll data held in Politick is stored in London data centers and encrypted on disk and in transit between the service’s servers and your web browser. We use the same SSL encryption technology used by internet banking to secure the connection between you and the service. For more information on service specific security our response to the National Cyber Security Centre’s (NCSC) Cloud Security Principles is available on request.
Please see Appendix I for the Data Processing Agreement that covers your use of Politick.
Communications from Elected Technologies
The Service may include certain communications from Elected Technologies, such as service announcements, administrative messages and newsletters. You understand that failing to subscribe to these communications may mean missing out on service or other important announcements.
Fees and Payments
By using the Service, you agree to enter either a 12 month annual contract, or a monthly contract, which is renewed automatically from the date that your Service installation goes live unless you inform us of your intention not to renew before your renewal date. You may choose to cancel either their monthly or annual agreement before the end of its term, however Elected Technologies will not refund your payment if you do. Our invoice to you details our payment terms. In the event of persistent non-payment, we reserve the right to suspend your user account or temporarily disable access to the whole or part of any Service. Elected Technologies reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer or otherwise make available to any third party the Service;
- provide any service based on the Service without prior written permission;
- use the third party links to sites without agreeing to their website terms & conditions;
- post links to third party sites or use their logo, company name, etc. without their prior written permission; or
- use the Service for spamming and other illegal purposes.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorised activity.
Usage Limits for Politick
Elected Technologies may prescribe usage limits, which will be included on your invoice. You must make sure that Your usage is within the usage limits prescribed by Elected Technologies in order to avail uninterrupted service. You understand that Elected Technologies may restrict an activity if you reach the usage limit corresponding to such activity.
We respect your right to ownership of content and data created or stored by you and the privacy of that data. You own the content and information created or stored by you. Your use of the Service does not grant Elected Technologies the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your accounts for commercial, marketing or any similar purpose. But you grant Elected Technologies permission to access, copy, distribute, store, transmit, or reformat the content of your accounts solely as required for the purpose of providing the Service to you and for no other purpose.
User Generated Content
You may transmit or publish content created by you using the Service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and professional use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Service you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Elected Technologies will have the right to block access to or remove such content made available by you, if Elected Technologies receives complaints concerning any illegality or infringement of third party rights in such content.
By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Elected Technologies for this purpose.
Disclaimer of Warranties
You expressly understand and agree that use of the service is at your sole risk. To the fullest extent permissible by applicable law, Elected Technologies expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Elected Technologies makes no warranty that the service will be uninterrupted, or timely. Use of any material downloaded or obtained through the use of the service shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the service or the download of any such material. No advice or information, whether written or oral, obtained by you from Elected Technologies, its employees or representatives shall create any warranty not expressly stated in the terms.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Limitation of Liability
You agree that Elected Technologies shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Elected Technologies has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with Elected Technologies related to any of the service shall be termination of such service. In no event shall Elected Technologies entire liability to the customer in respect of any service, whether direct or indirect, exceed the fees paid by the customer towards such service.
You agree to indemnify and hold harmless Elected Technologies, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including solicitors fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorised by Elected Technologies.
Suspension and Termination
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of non payment, any suspected illegal activity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within 28 days of being notified about the suspension. We may terminate a suspended or disabled user account after 28 days. We will also terminate your user account on your request, at which point you will be provided with a full download of all of your data entered into the Service if requested. In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services.
On termination of an account at Your request or at the discretion of Elected Technologies we will provide You with a full copy of all of your data entered into the service if requested. This data will be provided as an encrypted compressed archive available for download for a time limited period. In line with our Data Retention Policy your data will be deleted from the Service within 28 days.
Account Termination, either at Your request or at the discretion of Elected Technologies will not under any circumstances result in a refund for unused service.
The Intellectual Property Rights in the architecture and operation of the Politick software shall remain the exclusive property of Elected Technologies.
No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
This Agreement will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.
Appendix I: Personal Data Processing Agreement
By agreeing to the Terms of Service as above, Customer agrees to the terms in this Data Processing Agreement and supersedes any Data Processing or Data Protection terms previously entered into.
The effective date of this agreement is the date Customer accepts these terms by clicking to accept them within the Service.
This agreement reflects the terms governing the processing of Customer Personal Data under the Service Terms of Service.
“Data Controller”, “Data Processor”, “processing”, and “data subject” shall have the meanings given to the terms “controller”, “processor”, “processing”, and “data subject” respectively in Article 4 of the General Data Protection Regulations (GDPR) Directive 95/46/EC of the European Parliament and Council on the Protection of Individuals with regard to the processing of Personal Data and on the Free Movement of Such Data;
“ICO” means the UK’s supervisory authority, the Information Commissioner's Office
“Personal Data” means the personal data as defined in Article 4 of the GDPR, as is, or is to be, processed by Elected Technologies contained within Customer data within The Service, on behalf of Customer
“Service” means the Service as described by the “Terms of Service”
“Sub Processor” means a sub-processor appointed by Elected Technologies to process the Personal Data
“Sub-Processing agreement” means an agreement between Elected Technologies and a Sub-Processor governing the personal Data processing carried out by the Sub-Processor as described in clause 10
Unless the context otherwise requires, each reference in this Agreement to:
- “writing”, and any cognate expression, includes a reference to any communication affected by electronic or facsimile transmission or similar means, including instructions submitted via the Service and its web based interface;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
- a Schedule is a schedule to this Agreement; and
- a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule
- a "Party" or the "Parties" refer to the parties to this Agreement.
- The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
- Words imparting the singular number shall include the plural and vice versa.
- References to any gender shall include all other genders.
- References to persons shall include corporations.
3. Scope and Application of this Agreement
3.1 The provisions of this Agreement shall apply to the processing of the Personal Data, carried out for Customer by Elected Technologies, and to all Personal Data held by the Elected Technologies in relation to all such processing whether such Personal Data is held at the date of this Agreement or received afterwards.
3.2 The provisions of this Agreement supersede any other arrangement, understanding, or agreement made between the Parties at any time relating to the Personal Data.
3.3 This Agreement shall continue in full force and effect for so long as Elected Technologies is processing Personal Data on behalf of Customer, and thereafter as provided for by this agreement
4. Data Protection Compliance
4.1 All instructions given by Customer to Elected Technologies shall be made in writing, and shall at all times be in compliance with the GDPR and other applicable laws. Elected Technologies shall act only on such written instructions from Customer unless Elected Technologies is required by law to do otherwise (as per Article 29 of the GDPR).
4.2 Elected Technologies shall within 28 days comply with any request from Customer to amend, transfer, delete, or otherwise dispose of the Personal Data.
4.3 On request, Elected Technologies shall transfer all Personal Data to Customer via an encrypted archive and download link.
4.4 Elected Technologies and Customer shall comply at all times with the GDPR and other applicable laws and shall not perform their obligations under this Agreement or any other agreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the GDPR.
4.5 Customer hereby warrants, represents, and undertakes that the Personal Data shall comply with the GDPR in all respects including, but not limited to, its collection, holding, and processing.
4.6 Elected Technologies agrees to comply with any reasonable measures required by Customer to ensure that its obligations under this Agreement are satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the GDPR) and any best practice guidance issued by the ICO.
4.7 Elected Technologies shall provide all reasonable assistance at Customer’s cost to Customer in complying with its obligations under the GDPR with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.
4.8 When processing the Personal Data on behalf of Customer, Elected Technologies shall:
4.8.1 not transfer any of the Personal Data to any third party without the written consent of Customer and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement and where necessary with adequate levels of protection as defined by the GDPR;
4.8.2 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to Customer or as may be required by law (in which case, Elected Technologies shall inform Customer of the legal requirement in question before processing the Personal Data for that purpose unless prohibited from doing so by law);
4.8.3 implement appropriate technical and organisational measures and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure. For more details on the technical and organisational steps taken to protect Personal Data within the Service please see Elected Technologies response to the NCSC Cloud Security Principles, available on request;
4.8.4 make available to Customer any and all such information as is reasonably required and necessary to demonstrate Elected Technologies compliance with the GDPR;
4.8.5 on reasonable prior notice, submit to audits and inspections and provide Customer with any information reasonably required in order to assess and verify compliance with the provisions of this Agreement and Customer and Elected Technologies’ compliance with the requirements of the GDPR.
4.8.6 inform Customer immediately if it is asked to do anything that infringes the GDPR or any other applicable data protection legislation.
5. Data Subject Access, Complaints, and Breaches
5.1 Elected Technologies shall at Customer’s cost, assist Customer in complying with its obligations under the GDPR. In particular, the following shall apply to data subject access requests, complaints, and data breaches.
5.2 Elected Technologies shall notify Customer without undue delay if it receives:
5.2.1 a subject access request from a data subject; or
5.2.2 any other complaint or request relating to the processing of the Personal Data.
5.3 Elected Technologies shall at Customer’s cost cooperate fully with Customer and assist as required in relation to any subject access request, complaint, or other request, including by:
5.3.1 providing Customer with full details of the complaint or request;
5.3.2 providing the necessary information and assistance in order to comply with a subject access request;
5.3.3 providing Customer with any Personal Data it holds in relation to a data subject (within the timescales required by Customer); and
5.3.4 providing Customer with any other information requested by them.
5.4 Elected Technologies shall notify the Customer within 48 hours if it becomes aware of any form of Personal Data breach, including any unauthorised or unlawful processing, loss of, damage to, or destruction of any of the Personal Data.
6. Appointment of a Data Protection Officer
6.1 Elected Technologies has appointed a Data Protection Officer in accordance with Article 37 of the GDPR, whose details are available on request from Elected Technologies
7. Liability and Indemnity
7.1 The Customer shall be liable for, and shall indemnify (and keep indemnified) Elected Technologies in respect of any and all action, proceeding, liability, cost, claim, loss, expense (including reasonable legal fees and payments on a solicitor and client basis), or demand suffered or incurred by, awarded against, or agreed to be paid by, Elected Technologies and any Sub-Processor arising directly or in connection with:
7.1.1 any non-compliance by Customer with the GDPR or other applicable legislation;
7.1.2 any Personal Data processing carried out by Elected Technologies or any Sub-Processor in accordance with instructions given by Customer that infringe the GDPR or other applicable legislation; or
7.1.3 any breach by Customer of its obligations under this Agreement, except to the extent that Elected Technologies or any Sub-Processor is liable under sub-Clause 7.2.
7.2 Elected Technologies shall be liable for, and shall indemnify (and keep indemnified) the Customer in respect of any and all action, proceeding, liability, cost, claim, loss, expense (including reasonable legal fees and payments on a solicitor and client basis), or demand suffered or incurred by, awarded against, or agreed to be paid by, Customer arising directly or in connection with Customer’s Personal Data processing activities that are subject to this Agreement:
7.2.1 only to the extent that the same results from Elected Technologies’ or any Sub-Processor’s breach of this Agreement; and
7.2.2 not to the extent that the same is or are contributed to by any breach of this Agreement by Customer.
7.3 Customer shall not be entitled to claim back from Elected Technologies or any Sub-Processor any sums paid in compensation by Customer in respect of any damage to the extent that Customer is liable to indemnify Elected Technologies or any Sub-Processor under sub-Clause 7.1.
7.4 up to the maximum monetary or payment based liability amount set out in the Terms of Service;
7.4 Nothing in this Agreement (and in particular, this Clause 7) shall relieve Elected Technologies or Customer of, or otherwise affect, the liability of either Party to any data subject, or for any other breach of Elected Technologies’ or Customer’s direct obligations under the GDPR. Furthermore, Elected Technologies hereby acknowledges that it shall remain subject to the authority of the ICO and shall cooperate fully therewith, as required, and that failure to comply with its obligations as a data processor under the GDPR may render it subject to the fines, penalties, and compensation requirements set out in the GDPR.
8. Intellectual Property Rights
All copyright, and other intellectual property rights subsisting in the Personal Data (including but not limited to any updates, amendments, or adaptations to the Personal Data made by either Customer or Elected Technologies) shall belong to Customer. Elected Technologies is licensed to use such Personal Data under such rights only, for the purposes of the Service, and in accordance with this Agreement.
9.1 Elected Technologies shall maintain the Personal Data in confidence, and in particular, unless Customer has given written consent for Elected Technologies to do so, Elected Technologies shall not disclose any Personal Data supplied to the Data Processor by, for, or on behalf of Customer to any third party. Elected Technologies shall not process or make any use of any Personal Data supplied to it by Customer otherwise than in connection with the provision of the Service to Customer.
9.2 Elected Technologies shall ensure that all staff who are to access and/or process any of the Personal Data are contractually obliged to keep the Personal Data confidential.
9.3 Nothing in this Agreement shall prevent either Elected Technologies or Customer from complying with any requirement to disclose Personal Data where such disclosure is required by law. In such cases, the Party required to disclose shall notify the other Party of the disclosure requirements prior to disclosure, unless such notification is prohibited by law.
10. Appointment of Sub-Processors
10.1 Elected Technologies may engage Subprocessors to provide limited parts of the Service, and by accepting these terms, Customer acknowledges that this constitutes the prior written consent of Customer subject to the following:
10.1.1 enter into a Data Processing Agreement with the Sub-Processor which shall impose upon the Sub-Processor the same obligations as are imposed upon Elected Technologies by this Agreement and which shall permit both Elected Technologies and Customer to enforce those obligations; and
10.1.2 ensure that the Sub-Processor complies fully with its obligations under the Data-Processing Agreement and the GDPR.
10.2 In the event that a Sub-Processor fails to meet its obligations under any Sub-Processing Agreement, Elected Technologies shall remain fully liable to Customer for failing to meet its obligations under this Agreement.
10.3 A list of current sub-processors is included in Schedule 1
10.4 Updates to the list of sub-processors will be notified via email to your office’s registered administrative contact.
11. Deletion and/or Disposal of Personal Data
11.1 Elected Technologies shall, at the written request of Customer, delete (or otherwise dispose of) the Personal Data or return it to Customer as an encrypted compressed archive available for download for a time limited period within 28 days after the earlier of the following:
11.1.1 the end of the provision of the Services; or
11.1.2 the processing of that Personal Data by Customer is no longer required for the performance of Elected Technologies obligations under this Agreement and / or the Terms of Service.
11.2 Following the deletion, disposal, or return of the Personal Data under Sub-Clause 11.1, Elected Technologies shall delete (or otherwise dispose of) all further copies of the Personal Data that it holds in line with its data retention policy, unless retention of such copies is required by law, in which case Elected Technologies shall inform Customer of such requirement(s) in writing.
12. Law and Jurisdiction
12.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
12.2 Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
SCHEDULE 1 - Current Sub Processors
|Cloud hosting, compute, networking, storage|
|SendGrid||Transactional email services|
|Twilio||Optional SMS and telephony services|