1. About this policy
1.1 This is the privacy policy of Adaptive, Inc. and
Adaptive Limited (the ‘Group’). It applies only to personal
data as defined in s.1 of the UK 1998 Data Protection Act (‘personal
information’ or ‘information’) and not other types
of business or general information. The policy tells you who we are,
how we collect personal information about you through this website,
what we intend to use that information for, with whom we intend to
share it, how we keep it secure, and how we transfer your information
outside the European Economic Area ('EEA'). Please read the
policy carefully. By accessing or using this web site you are deemed
to agree to the terms of this privacy policy, and if you do not agree
with it, then you must not send us any personal information.
1.2 Note that if you follow a link from this site to
another site, this policy will no longer apply. We are not responsible
for other sites' information handling practices. Use of your information
by the owner of the linked site will normally be governed by that
site's privacy policy, which we encourage you to read.
1.3 Further information about privacy and data protection
issues including the online Register of Data Controllers can be found
on the Information Commissioner's website at http://www.ico.gov.uk/.
2. Who we are
2.1 We are the Adaptive Group. In the US, Adaptive,
Inc, a company registered in Nevada - our mailing address is P.O.
Box 305, Chesterfield, VA 23832 and in the UK, Adaptive Limited a
company registered in England & Wales, company number 04508352
with its registered office 135 Somerford Road, Christchurch, Dorset
BH23 3PY. Please see our contact section for more information. If
you have any queries about the information we hold on you, please
contact Data Protection Compliance Officer the Company Secretary and
Group Legal Director for Adaptive, who you may write to at the address
above. Alternatively, e-mail at legal@adaptive.com
or telephone on +44.1202.491.240
2.2 We are not entered in the Register of Data Controllers.
3. How we collect information from you
3.1 We may collect anonymous information through the
use of various technologies including the use of ‘cookies’
and ‘web beacons’.
Cookies
3.2 A cookie is a small text file which is transferred
from a website and stored on your computer's hard drive. It enables
a website to ‘remember’ who you are.
3.3 Most browsers are automatically set to accept cookies
but if you are using Microsoft's Internet Explorer or Netscape Navigator,
you should be able to configure your browser to restrict cookies or
block all cookies if you wish although this may affect the quality
of your visit to our site. Browser-specific instructions on how to
restrict or block cookies may be found on the Interactive Advertising
Bureau's website at http://www.allaboutcookies.org/.
3.4 We do not use persistent cookies i.e. cookies remain
on your hard disk until you delete them.
3.5 No cookies on our site are served or used by third
parties.
Web beacons
3.6 Some of our web pages contain electronic images
known as web beacons (sometimes known as web bugs, clear gifs, or
trackers) that allow us to count users who have visited these pages
after clicking through from an advertisement for our products or services
from a third party site. Web beacons collect only limited information
which includes a cookie number, time and date of a page view, and
a description of the page on which the web beacon resides. We do not
carry web beacons placed by third party advertisers but we do use
a third party to aggregate this data for us.
3.7 Because web beacons are the same as any other content
request included in the recipe for a web page, it is not possible
for you to opt out or refuse them. However, as we use web beacons
in conjunction with cookies they can be rendered ineffective by either
opting out of cookies or by changing the cookie settings in your browser.
Further information
3.8 More information on cookies and web beacons can
be found at http://www.allaboutcookies.org/.
3.9 Through completion of online forms
3.9.1 We collect information about you if you complete
any of the various forms on our site to contact us, make enquiries,
apply to us and give us feedback.
3.10 Through traffic data and site statistics
3.10.1 We do keep a record of traffic data which is
logged automatically by our server, such as your IP address, the URL
you visited before ours, the URL you visit after leaving our site
and which pages you visit.
3.10.2 We also collect some site statistics such as
page hits and page views.
3.10.3 We are not readily able to identify any individual
from traffic data or site statistics.
By you contacting us by other methods other than the
website
3.11.1 The website provides various telephone and fax
numbers and e-mail addresses for you to contact us. We will collect
information from you that you provide through any of these methods.
3.11.2 We may also collect other information you supply
to us after your initial contact with us.
4. Security and storage of information
4.1 We will keep your information secure by taking
appropriate technical and organizational measures against its unauthorized
or unlawful processing and against its accidental loss, destruction
or damage.
4.2 Please remember that normal Internet e-mail is
insecure.
5. What your information is used for
5.1 If you agree when you register with us, we will
also use your information for marketing purpose. If you do not want
the information we hold on you to be used in this manner, you must
contact us either by writing to our Data Protection Compliance Officer,
or by e-mailing us at: webmaster@adaptive.com
and establish your preferences.
5.2 If you do not object, we will use the information
we hold on you to contact you for feedback.
5.3 We may use aggregated data about users of our site,
and other statistical data to improve our site, but it will not be
possible to identify individuals from that aggregated data.
6. With whom we may share your information
6.1 We will not share your information with any other
organization except in the following circumstances.
6.1.1 We will share your information with another organization
to which we transfer, or are in discussions to transfer, our rights
and obligations under our agreement with you.
6.1.2 We may share your information with another organization
that buys our company or our assets, or with another organization
from which we acquire a company or business, and in the course of
any preceding negotiations with that organization, which may or may
not lead to a sale.
6.1.3 We may share your information with our funders
or potential funders, such as our bank and with our professional advisers
who have a reasonable need to see it.
6.1.4 We may share your information with any group
companies of ours which may mean your information is transferred outside
of the EEA (see clause 8 for further details) so that they can provide
any products and services to you that you request.
6.1.5 We may, on occasion share your information with
carefully selected businesses so that they can send you details of
other software-related products and services. If you do not want the
information we hold on you to be used in this manner, you must contact
us either by writing to our Data Protection Compliance Officer, or
by e-mailing us at webmaster@adaptive.com.
6.1.6 We may provide anonymous aggregated data to reputable
third parties on a commercial basis.
6.1.7 We will give third party providers who supply
services to us, or who process information on our behalf, incidental
access to your information but will always take steps to ensure their
security measures are adequate to protect your information.
6.1.8 We will disclose your information to enforcement
authorities if asked to do so, or to a third party in the context
of actual or threatened legal proceedings or if otherwise required
to do so by law.
7. Your rights
7.1 You have a right to rectify any errors in information
we hold about you, and to change or correct any details you have already
given us. Please inform us about changes to your details so that we
can keep our records accurate and up to date.
7.2 You also have a right to be removed from any mailing
list we hold at any time, but you must contact us either by writing
to our Data Protection Compliance Officer, or by e-mailing us at webmaster@adaptive.com.
7.3 You have a right to see a copy of the information
we hold about you on payment of a statutory fee, which is currently
£10. Before we agree to this, you must provide with sufficient evidence
of your identity and sufficient details of the information you wish
to see to enable us to locate it.
8. Transfers outside Europe
8.1 Personal data within the European Union is protected
under data protection legislation. It may not be afforded the same
level of protection in other countries. We are obliged to satisfy
ourselves before transferring your information to a country outside
the EEA that it provides adequate protection for your data protection
rights. The EEA comprises the EU countries and Norway, Iceland and
Liechtenstein. Countries outside the EEA may not give the same level
of protection to your information as those within the EEA.
8.2 Our website is hosted in the US and therefore we
do transfer any information submitted by you through the site outside
the EEA which is stored in the US, therefore any personal information
you provide to us will be routed to the US server and then sent to
the relevant Adaptive department so that the information you are requesting
can be produced, we will not use your personal information for any
other reason. We have taken steps to ensure that our host provides
the necessary level of protection for your information.
8.3 If you do not wish your personal data to be used
in any country outside the European Union, do not supply it through
this website. By supplying your personal data through this website
you are consenting to such use.
9. Intellectual Property Rights
9.1 The design and content of this website is protected
by copyright and is owned by the Group and its licensors. All rights
are reserved. The exclusive right to authorise or prohibit the direct
or indirect, temporary or permanent reproduction of this website by
any means and in any form, in whole or in part, and to make this website
available to the public, and to distribute any copyright protected
material in the site shall remain with the Group or its licensors.
You agree not to copy, adapt, alter or create any derivative work
from any material on this site, or to restrict or inhibit the use
or enjoyment of this site by anyone else.
9.2 The Group owns various trade marks and registered
trade marks ("the marks") a list of which can be obtained
from us. You may not use those marks, and any third party trade marks
that appear on this website, other than as permitted by express written
licence from the Group or by law. In particular, but without limitation,
you may not use the marks as meta-tags nor may you sponsor them in
search engines. All goodwill in your legitimate use of the marks shall
accrue to the Group. Please notify us immediately if you become aware
of any infringement of the marks.
9.3 All other intellectual property rights in the website
are the property of the Group or its licensors.
9.4 Except as set out in the paragraph entitled ‘Permitted
uses’, nothing in these terms or on this website should be taken
as conferring any license or right to use any material on this website
without the prior written approval of the owner, whether that is the
Group or its licensors.
10. Registration
10.1 We may require you to register before we supply
any non-chargeable services via this website. When you register, you
agree to provide, true, accurate, up to date and complete information
as required by the relevant registration form made available to you
via this website.
11. Acceptable Use
11.1 It is impossible to provide an exhaustive list
of exactly what constitutes acceptable and unacceptable use of this
website. In general, we will not tolerate any use of our website which
damages or is likely to damage our reputation, the availability or
integrity of the website or which causes us or threatens to cause
us to incur any legal, tax or regulatory liability.
11.2 We therefore ask you to treat our website with
respect, and not to use the site or our products or services for any
illegal purpose, or in such a way as to infringe or breach other's
rights or to cause or threaten to cause us damage. We also ask you
to comply with any relevant notices, policies and terms imposed by
third parties whose website, products or services you access through
our site.
11.3 We reserve the right to suspend the use of our
site generally or block your access to any part of the site and/or
to suspend or terminate your rights to use the site or any part of
it if we suspect misuse. We shall then report any misuse of our site
to the relevant enforcement or other authorities and to our advisers.
We further reserve the right to disclose any evidence we have which
relates directly or indirectly to misuse.
12. Links
12.1 Links to this website are permitted, however we
reserve the right to withdraw such consent at any time. Links must
only be made to the home page of this website and you are not entitled
(nor shall you assist others) to set up links from your own website
to this website by deep-linking, framing or otherwise, without our
prior written consent. Such consent may be withheld at our absolute
discretion, and without the need to provide a reason.
12.2 This website includes links that allow you to
leave this website and visit third party sites. We have no control
over and are not responsible for the content, use by you or availability
of those third party websites, for any products or services you buy
through those sites or for the treatment of any personal information
you provide to the third party.
12.3 The products, services and websites of third party
providers made available via this website are owned and operated by
independent suppliers. While we may co-brand these products or services
with our own, we do not endorse those products or services or warrant
the accuracy or reliability of any information provided to you by
such third parties. In particular, we do not warrant or guarantee
that you will be satisfied with the products and/or services supplied
by third parties and you should make whatever enquiries you feel are
necessary before proceeding with any such transactions.
13. Disclaimer of representations and warranties
13.1 Content. We take steps to ensure that all information
we provide on this website about our software and services is correct
and complete at the time of the last update to the relevant page but
we do not warrant it will be correct and complete.
13.2 Availability. Use of this website is free and
we take steps to ensure it is available to all permitted users, including
disabled users. We do not warrant that the site will be continuously
available, or that your use of the site will be uninterrupted or error-free,
or that the site and server will be free from attack.
14. General
14.1 If a court or other competent authority holds
any of these terms to be void or unenforceable in whole or part, the
other terms and the remainder of the affected term shall continue
to be valid.
14.2 Nothing in these terms shall exclude or limit
our liability for death or personal injury due to our negligence or
our liability for fraudulent misrepresentation.
14.3 If you are a consumer, your legal rights are not
affected by these terms.
14.4 Our failure to exercise or delay in exercising
a right or remedy provided by these terms of use or by law does not
constitute a waiver of those or any other rights or remedies.
14.5 These terms and the use of this website and its
content shall be governed by and construed in all respects in accordance
with English law, and you agree to submit to the non-exclusive jurisdiction
of the English courts. |
