Terms of Service
Privacy Policy
Trade Mark and Copyright Policy
TERMS OF SERVICE

Last Updated: 31 October 2016

These Terms apply to all organisations or individuals using SmartUp. Our Terms are a contract between you and Smartup.io Limited, governing your use of SmartUp services, apps, sites, content and products. These Terms, our Privacy Policy and Trade Mark and Copyright Policy will apply whenever you visit SmartUp, whether or not you have chosen to register with us. If you do not accept and agree to the Terms, then you must not use SmartUp!

By accessing, using, registering or receiving any content from SmartUp, you are agreeing and accepting to be bound by our Terms.

WHAT IS SMARTUP?

SmartUp is a micro-learning platform accessible by App and by Web, providing the opportunity to create and consume micro-learning content by way of a Software application and Content (such as data, reports, articles, text, images) made available by or on behalf of SmartUp, referred to as the “Services” or “Software”. Your Content, Our Content and User Content is defined below.

We refer to “Communities” – this is a SmartUp group of users identifying with a particular piece of learning or subject and creating a buzz around it (“Communities”). These Communities may be made publically accessible or restricted to a private group of users, depending on the licence plan chosen by you (“Licence Plan”).  Please contact us for more details: support@smartup.io.

SmartUp’s licence plans describe the Services on offer to SmartUp users.  If you sign up to SmartUp without entering into a partnership agreement with us you will automatically be placed onto the free licence plans. You acknowledge and agree that a free licence plan will restrict functionality of the Services (for example, a reduced number of days Content is stored, maximum number of users permitted within a Community and limited ability to create private Communities).

SmartUp offers Content Creation Services to help you kick start your Community engagement: please contact us at support@smartup.io

We’re working on a guide to some common Q&As - we will let you know once ready!

SmartUp.io Limited is a company registered in England & Wales (with company number 08855163) with registered office at 2 Temple Back East, Temple Quay, Bristol, BS1 6EG.

REGISTRATION FOR SERVICES AND ACCEPTANCE OF TERMS

There are various ways to sign up for SmartUp’s Services. These Terms apply to every type of SmartUp user. The types of SmartUp users are:

“Owner” - this is the primary individual who initially sets up the Service, grants privileges to other users, designates a Community Manager(s) (as defined below), and retains ultimate control over the team they set up within the Services.

“Community Manager” – this is the individual who manages, runs and controls a Community on SmartUp, with authority and privileges to grant access rights and invitations to other users, decide if a Community is publically accessible (or private), send Community notifications, publish User Content and more. This role will have been created and assigned by the Owner.

“Community User” – this is a user:
invited by the Owner and/or the Community Manager to join an existing Community already set up in the Service by the Community Manager;
joining a publically accessible Community.
All users have the right to create User Content, unless this is changed by the Community Manager in settings.

“Guest User” - this is a user invited into a specific Community by a Community Manager and has access only to that specific Community.

You may only use and become a registered user of SmartUp if you are of the relevant age of majority according to where you live. The Services are not directed at children under 13 who are not permitted to use the Services. If your organisation is a school or you are a teacher and wish to provide use of the Services to your students, we will rely on you to acquire the necessary consents and approvals from the relevant parents or guardian of any student and you may not use the Services unless such laws have been complied with.

In order to start the registration process, the process for all users is:

You as an Owner will identify a Community Manger and Community Users by way of an email address and password for your SmartUp Community.

The Owner and/or Community Manager may then invite a maximum amount of users (in accordance with Your Licence Plan) to join the Community. You may also designate authority to the Community Manager to run the Community. The Owner (or Community Manager should you so elect) has the sole right to set permissions for Community Users.

You acknowledge the Services are still in build phase and, as a result, may contain technical errors, or, may not work correctly.  Please notify us any faults at support@smartup.io

Unaffiliated User

To create a SmartUp Unaffiliated User personal profile (“Personal Account”), you can sign up via a one of our partner sites (such as LinkedIn or Facebook which have their own separate terms of use you should read carefully). If you have signed up via your own personal email account, your account activity remains private to you and Your Content (as defined below) belongs to you, in accordance with these Terms. On sign up, you consent to us processing your personal data in accordance with our Privacy Policy.

You have the ability to create your own Communities, designate Community Managers and invite Community Users to join the Services.

If you already have an SmartUp Profile through a Team Affiliated Network and wish to set up your own Unaffiliated User Personal Account, you can set up an independent Personal Account. We will not link the two accounts. You may only import Your Content to your Personal Account with the consent of your Team Affiliated Network Owner/Community Manager, in their sole discretion.  Please contact your Community Manager or Owner obtain the necessary permissions.  

Network Affiliated User

If you are entering into these Terms on behalf of a legal entity (“Network Leader”) such as an institution, company or organisation (referred to as a Team Affiliated Network), you as the Network Leader represent you have authority to bind such company, organisation, institution or entity (generically referred to as a “Network”), its Owners, Community Managers, Community Users and its affiliates to these Terms. In that case, the terms ‘you’ or ‘your’ shall also refer to its Owners, Community Manager, Community Users and its affiliates, as applicable.

If you are providing a work email address and invited to join by a Community Manager/Owner you accept that the owner of the domain email, such as the Owner, may obtain access to all of your current account activity on SmartUp via your work registration process. We provide Services to your Team Affiliated Network, who will control and provide your SmartUp account. If you have any questions, you must direct these to your Team Affiliated Network Owner or Community Manager.  

The Team Affiliated Owner is exclusively responsible for ensuring each user that joins a Team Affiliated Network has provided consent to receiving the invitation, using the Services, and complying with its Network’s relevant policies.

You warrant each time you use the Services, you will comply with your Team Affiliated Network’s policies, guidelines and processes in relation to the Content you provide to SmartUp and activities you carry out on SmartUp.  

If you have already set up a SmartUp Personal Account before you are invited to join a Team Affiliated Network on SmartUp, your Personal Account will be separate to your Team Affiliated Network account. We will not import Your Content from one to the other without the prior consent of the Team Affiliated Network Owner.

CONDITIONS FOR ACCESS AND USE OF THE SERVICES

SmartUp is all about Content - we want all users to contribute as much Content as possible! Here are the types of Content that you will be able to access and or provide:  
Content you provide ("Your Content");
Content we, SmartUp, provide ("Our Content"); and
Content other SmartUp users provide (“User Content”).

‘Content’ means any articles, information, documents, materials, photographs, text and data that you, us, or any other SmartUp user creates, publishes, links, customises, stores or sends in connection with the Services.

We have some terms we would like all our users to abide by so SmartUp can be the best platform for everyone. Any questions let us know support@smartup.io

Warranties:

As Network Leader you represent and warrant to SmartUp on behalf of your Network:

you have obtained all permissions, licences, rights and releases needed to interact, post and publish any of Content on SmartUp and no other consents or releases are required for you or your Network to engage.

If you are a Network Leader, an Affiliated User or an Unaffiliated User, you represent and warrant to SmartUp:

Your Content and interaction on SmartUp and in connection with the Service as well as SmartUp’s exercise of all rights and licenses granted by you in these Terms, do not and will not infringe any third party’s intellectual property, such as any third party’s copyright, trade mark, right of privacy;

Your Content and interaction on SmartUp and in connection with the Service does not and will not contain anything unlawful or illegal; and

You comply and will continually comply with our Content Rules and Trade Mark and Copyright Policy.

Content Rules:
Our Content is the only Content we are responsible for.  

You are responsible for Your Content, your use of any User Content or Our Content and any communications you post.

Please publish anything you own the rights to; you assume all risks related to Your Content you post, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

If you find any offensive, inappropriate, or unlawful Content, we are not responsible for this (or any conduct, online or offline). You acknowledge that SmartUp has the right (but not the obligation) to pre-screen, refuse or remove any of Your Content or User Content made available on the Services for any reason. This may include us reviewing Your or User Content that is publically visible to ensure it complies with our policies and guidelines in response to a complaint or alleged breaches of the Terms.  We may, in our sole discretion, review Your or User Content transmitted through private communities in response to a complaint or alleged breaches of the Terms.

Please do not:
Post any Content that is illegal, defamatory, libelous, or infringes the rights of any use or other third party or SmartUp’s intellectual property rights or of any third party. This include trade secrets, copyrights, privacy rights, or other proprietary rights.

Do not share anything you do not have permission to share. This could include, for example, Content belonging to your employer, but you have not gained consent to re-post. Please check who you should credit as the author in the event you do gain permission to share someone else’s Content.

Send or post or transmit Content relating to unapproved commercial activities including without limitation sales, advertising, spam or junk email.

Post any Content which contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person, is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry, or is otherwise objectionable.

Encourage any illegal activity.

Use the Services to harm a minor in any way.

Disguise the origination of any data or Your Content.

Upload, post, transmit or otherwise make available any of your data or Your Content you do not have the right to make available under any law or contractual or fiduciary relationship, such as but not limited to confidential or proprietary information disclosed as part of employment relationships.

Contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, destroy or limit the functionality of or disrupt any Software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from SmartUp or otherwise.

Modify adapt or hack the Service or servers or network or otherwise attempt to gain unauthorized access to the Service or its systems or network.

Collect or store personal data about other users in connection with any of the activities set out above.

If someone is not obeying these Terms, you can report any abuse by contacting your Community Manager or support@smartup.io To help best assist you, please explain the reason for the complaint and provide any additional information that will assist. We will always try our best to help resolve any issue that you may encounter with our service. If your complaint or dispute remains unresolved, however, you may be eligible to use the European Commission’s Online dispute resolution platform here.

You may not disclose your login details or password to any third parties or share it with any third parties. If you lose your password or give it out, please immediately change your password in settings. We are not responsible for any failure to keep your login details confidential.  We recommend you use anti-virus software, firewalls, and other precautions to protect yourself from security threats. SmartUp will have no liability for any unauthorised access or use of your data or Your Content, or any deletion, corruption, loss of your data or Your Content. You further acknowledge and agree that Your Content or data may be transmitted in an unencrypted method if you elect to use gateways without encryption to access the Services.

You authorise us the right to use your name (if you are a Team Affiliated Network), and your first name only (if you are an Unaffiliated User) a reference in marketing or promotional purposes in relation to SmartUp. If you don’t want to be referenced, please contact us: support@smartup.io

Links: A Community User in a SmartUp Community may post Content containing links to other sites, resources and purchase opportunities provided by third parties. If you access these links you may be directed to third party sites, which will have their own terms and conditions of use. Links being displayed does not mean SmartUp endorses any of the third party Content information or resources provided. Please check third party site terms of use carefully as SmartUp has no control and no responsibility over them.

Support Services:  We will provide you technical support for the Services, currently only available via email: support@smartup.io. We have a bespoke support Service for users who take out our Enterprise Licence Plan (please contact us for more details).  Do contact us to help answer your questions on how the communities work, identifying and verifying the causes of suspected errors in the Software and helping you find workarounds.

Advertising: In consideration for SmartUp granting you access to and use of the Services, you agree that SmartUp may enable advertising on the Services including in connection with the display of Your Content or other information on solely and exclusively open Communities.  

CONTENT OWNERSHIP AND DISTRIBUTION OPTIONS

Content distribution

SmartUp allows you to share Content with other users. All Communities are open unless you are an Affiliated User and choose to make the communities open – if you do not want open communities please enter into a partnership license agreement with us. What does this mean?

An open Community means your Content can be visible to everyone on the SmartUp Services

A private Community is accessible to a select number of SmartUp users – and Your Content is restricted to that Community.

Community access can be limited to a Network and again within that Network (for example, a bank can set up a community, and each department within that bank can set up a further private community, and so on).

Check you have the right Licence Plan in place and you understand the rules with your Community Manager/Owner

In all cases, any Content you publish to your Community will be visible to all the other users of that Community (as well as the Owner). You agree that in such cases, the Community Manager/Owner may use, distribute, adapt, and send Your Content as they deem fit in relation to the Services.

Content Ownership

SmartUp’s licence to you: We grant you, subject to compliance with these Terms and for as long as you use your account and/or have a valid Licence Plan in place, a non-exclusive, personal, non-transferable, limited, revocable licence to use: (i) the Services; and (ii) any publically accessible User Content.

To the extent we deliver anything to you during the course of performing Services (“Deliverables”), we grant you a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use those Deliverables during the term of this Agreement, solely in conjunction with your use of SmartUp.

You acknowledge and agree that we own all intellectual property rights in the Services. All title, rights, and interest in and to the Services and including all intellectual property rights remain exclusively with SmartUp.

So we can provide the Services to you, we need to be able to store, transit and copy Your Content and associated data to display it to you and any SmartUp users in your Community (including backups) and you grant us the right and permission to do so and provide the Services to you. Data here means any data, including Your Content or comments or activity which you post, upload, transmit, transfer, your profile information, profile activity, log details, or any other activity or interaction with the Services. These rights described in this section 4.6 include us using third party providers such as cloud services to support administration of the Service. SmartUp will use commercially reasonable efforts to ensure your data is stored and processed to a high standard of security – please see our Privacy Policy.

Unaffiliated User

Your Licence to SmartUp: You own Your Content you post to the Services. So we can make SmartUp a great learning place for all users, in consideration for use of the Services, you grant us a non-exclusive license, royalty free, perpetual and worldwide licence to use your Content on SmartUp, including anything reasonably related to using it (like editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, distributing, advertising and otherwise making available to the general public such Content in whole or in part in any form or medium currently knowN or developed in the future).

We may assign and or sub licence the above licence to our affiliate or successors without any further approval by you.

If you wish to delete Your Content or Personal Account, providing it does not use Our Content and has not been posted to the SmartUp public Community, you may do so at any time here by contacting us at: support@smartup.io

Team Affiliated User

We act in accordance with your Network’s instructions to store and process Your Content on the Services. You Content ownership rights are (i) governed by your Network’s policies and procedures and (ii) owned by your Network, including any communication with other users of the Services and anything you post or share on the Services.

Your Limited Licence to SmartUp:

If you are the Owner/Community Manager of a Team Affiliated User, you agree and to procure the granting to SmartUp of a non-exclusive, limited-term, royalty free, worldwide licence in order for SmartUp to provide the Services to the Network only.

Only if Your Team Affiliated Network elects to publish any of Your or User Content and make it available for viewing by all SmartUp users (whether these are Networks or Unaffiliated Users) your Network (and procures that you) automatically grant us a worldwide, irrevocable, royalty free, transferable, worldwide perpetual licence to use Your or User Content in any way, including without limitation editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, distributing, advertising and otherwise making available to the general public such Content in whole or in part in any form or medium currently know or developed in the future.  

In the event You use, merge or combine any of Our Content in combination with Your Content, in order for you to do so, we automatically grant you a revocable, non-exclusive, non-transferable, worldwide, licence in relation solely to Our Content in conjunction with use of SmartUp.

We may assign and or sub licence the above licence to our affiliate or successors without any further approval by you.

If you wish to delete Your Content, please contact your Community Manager or Owner, as such deletion is in their sole discretion (subject to any applicable laws).

PAID FOR SERVICES

SmartUp’s Licence Plans offer various benefits and user rights for managing Communities.  To the extent you use the Services under a Licence Plan for a fee, You agree to: (i) pay SmartUp as per these Terms; (ii) authorise SmartUp or its third party payment processors to bill your payment method in accordance with the relevant Licence Plan; (iii) provide accurate information on your credit card or other payment instrument and update SmartUp with your account information with any changes to your payment information. Please see each Licence Plan’s details, or contact us: support@smartup.io. Prices may vary due to a number of factors.

To protect against fraud, unauthorised transactions, claims or other liabilities, we do not collect credit card information, but allow our payment vendors to collect information for the purposes of collecting payments from users purchasing licence services. Please see our privacy policy.

Once you download SmartUp, you consent to waive the 14 day cooling off period under the Consumer Rights Act 201.

Team Affiliated Network

Once you have paid for a Licence Plan the Services are non-refundable and SmartUp reserves the right to change our Licence Plans and prices at any time in the future.

If you want to alter the Licence Plan you are under, and you have already paid up for the year or month ahead, you may not change. If you wish to change or cancel your payment method you should contact us: support@smartup.io . Your subscription will automatically renew until you decide to cancel. Please see the details on payment page for more information (coming shortly….)

If you wish to dispute any charges, please contact us within 14 days after the date of making a payment. We reserve all rights.

Unaffiliated Users

To complete a payment you will be taken to a payment window (coming soon…) to authorise SmartUp.io Limited to charge your chosen account with the agreed amount at the agreed timeframes. You can cancel or change you payment method at any time by contacting us here: support@smartup.io

By making a payment you acknowledge that your purchase is non-refundable. By completing the payment you are expressly consenting to immediate performance of the agreement between SmartUp and you acknowledge that your cancellation rights will be lost once you have received the Services from SmartUp.

Customisable Content packs

Our additional services can help you get the most out of SmartUp. If you are interested in SmartUp helping to generate customisable content packs to kick-start your SmartUp programme, let us know, and we’ll work with you to prepare a statement of work that describes the Services, as well as the price: support@smartup.io


TERM AND TERMINATION

Term: These Terms will continue in full effect unless and until you stop using the or these Terms are terminated. Please check the details of your Licence Plan. Monthly licences will renew automatically for additional months, and Licence Plans paid annually will automatically renew for additional years. Please contact us support@smartup.io for more details.

Termination: SmartUp or You may terminate this Agreement at any time subject to the terms of your Licence Plan.  Where we elect to terminate your account as a result of breach of these Terms, we reserve the right to revoke access rights to any Community Users of any Communities you have established without incurring any liability and without any obligation to provide a refund. Prolonged inactivity may also mean we delete an account.

If you are Team Affiliated User, and wish to stop using the Services, please contact you Community Manager/Owner.  You acknowledge and agree that your Team Affiliated Network may remove, adjust, alter or terminate your access to the Services or Your Content in its sole discretion. In such a case, your right to access and use the Services and Your Content is immediately ended, and any licences granted to you or by you are terminated.  If you wish to continue using SmartUp, you can do so by creating your own Personal Account. On termination, if you wish to keep Your Content, you should contact your Community Manager or Owner and request permission to download Your Content, at your Team Affiliated Network’s discretion.

If you are a Team Affiliated Community Manager and wish to stop using the Services, you should contact your Owner.

If you are a Team Affiliated Owner and wish to stop using the Services, please contact us and we will revert promptly: support@smartup.io

If you are an Unaffiliated User, you can terminate your registration at any time by contacting us  support@smartup.io. Content you have submitted/uploaded to SmartUp may still appear on SmartUp following termination of your registration (such as comments or articles). Once your accounts is terminated, we have the right to delete any related Content you have submitted /uploaded to SmartUp.

On termination you lose the right to access or use the Services (and we are under no obligation to back-up your data or Your Content). The following shall survive termination:

Rights to SmartUp and SmartUp users to further re-share Content and information you shared through the Service on public Communities in accordance with these Terms – none of Your Content posted in open communities will be deleted (per the licence granted to SmartUp);

Our rights to use and disclose your feedback;

Sections 3, 4, 6, 7 and 8 of these Terms; and

Any amounts owed by either party prior to termination remain owed after termination.

LIMITATIONS OF LIABILITY, DISCLAIMERS AND INDEMNITIES – PLEASE READ CAREFULLY

The parties have relied on these limitations in deciding whether to enter into these Terms and the parties expressly agree to the following risk allocation between the parties.

DISCLAIMERS: We will use all commercially reasonable efforts to ensure the best SmartUp experience. However, please read carefully each of the below disclaimers.

YOU ACKNOWLEDGE THAT SMARTUP DOES NOT WARRANT THAT THE SERVICE WILL BE UN-INTERRUPTED, TIMELY, ERROR OR VIRUS FREE, OR SECURE.  SMARTUP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SOFTWARE OR HARDWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTUP DOES NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION, CONDITIONS AND ANY OTHER TERMS OF ANY KIND WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR LAW OF EQUITY AND FOR ANY LIABILITY INCURRED BY YOU ARISING FROM USE OF SMARTUP’S SERVICES FROM THESE TERMS, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, (HOWSOEVER ARISING INCLUDING NEGLIGENCE) LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, WASTED MANAGEMENT OR OFFICE TIME, BREACH OF CONTRACT, OR CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND, EVEN IF SMARTUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF SMARTUP.

IF YOU BECOME DISSATISFIED IN ANY WAY WITH SMARTUP SERVICES OR SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF SMARTUP APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF SMARTUP.

IN THE EVENT SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY TO YOU (WHETHER YOU ARE AN UNAFFILIATED USER OR A TEAM AFFILIATED NETWORK) SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). THIS FINANCIAL APPLIES TO THESE TERMS ONLY.

SMARTUP EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE ACTIONS, YOUR CONTENT, ANOTHER USERS’ CONTENT, INACCURATE CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENT FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

WE RESERVE THE RIGHT TO SUSPEND, WITHDRAW, AMEND, MODIFY, OR VARY THE SERVICE PROVIDED BY SMARTUP WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY TO YOU.

NOTHING IN THESE TERMS LIMIT OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY, OR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
OUR INDEMNIFICATION TO YOU: We'll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it's based on an allegation that your use or possession of the Software as permitted under these Terms infringes a copyright or misappropriates a trade secret of any third party (each, a "IP Claim"), and, subject to no exclusions applying (as detailed under section 7.3 below), we'll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such an IP Claim, provided that you notify us in writing of any such IP Claim as soon as reasonably practicable and allow us to control and reasonably cooperate with us in the defence of any such Claim and related settlement negotiations.

Indemnity Exclusions: You understand we'll have no obligation to indemnify you for any IP Claim based on:

(i) the modification of the Software, unless we were the ones who made the modifications;

(ii) your use of the Software other than as authorised by these Terms;

(iii) your failure to use updated or modified Software that we make available to you that would have helped, avoid or mitigate the IP Claim;

(iv) your failure to stop using the Software after receiving written notice to do so from us in order to avoid further infringement or misappropriation; or

(v) the combination, operation or use of the Software with equipment, devices, Software, systems, or data that we didn't supply.

Right to Ameliorate Damages: If your use of the Services, or in our reasonable opinion is likely to be, subject to an IP Claim we may, at our sole option and at no charge to you (and in addition to our indemnity obligation to you in Section 7.2 above): (i) procure for you the right to continue using the Software; (ii) replace or modify the Software so that it is non-infringing and substantially equivalent in function to the original Software; or, (iii) if options (i) and (ii) above are not commercially practicable, in our reasonable estimation, we can terminate our agreement with you and all licenses granted hereunder (in which event, you will immediately stop using the Software) and refund any applicable fees that you paid us for the then-current license term.

YOUR INDEMNIFICATION TO US: If we are sued as a result of your use of SmartUp then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim. You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

your access to and use of SmartUp;

the uploading or submission of Your Content to SmartUp by you;

any breach of these Terms by you; or

your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”).

SmartUp retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

FINAL POINTS!

Governing law: These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by English law. You agree to resolve any claim exclusively in the courts of England and Wales.  You agree that you will not file or participate in a class action against us.

Any Feedback: We welcome any feedback on our Services. You assign to us all rights, titles and interests in and to any feedback or suggestions that you may give us in relation to SmartUp, without any right to compensation. You represent and warrant authority to bind your Network, if applicable, to this provision.

Process for changes to Terms: We reserve the right to modify, amend or change the Terms at any time. If we do this, any such changes will be posted on this page and the “Last Updated” date amended. At times, we may send you an email notifying you of the change.  If you do not accept any change to the Terms, you must stop using SmartUp. If you continue to use SmartUp, your actions shall be deemed acceptance of the revised Terms and you will be legally bound by the updated Terms. If you are an Unaffiliated User you agree to accept any legal notices via your email inputted for registration on sign up. If you are a Team Affiliated User, you agree to accept any legal notices via your work domain email inputted for registration on sign up.

Assignment: You may not assign or transfer any obligations or rights without our prior written consent. We have the right to assign this agreement and any rights or obligations without providing notice to you.

Waiver and Enforceability:  If we fail to enforce any term of these Terms, or fail to respond to a breach by you, it will not be considered a waiver of any provision under these Terms.  If any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms. The remainder of the Terms shall remain in full force and effect.

Outside Events: We are not liable for any delay or failure to perform our obligations where the failure is as a result of anything outside of our reasonable control.

Entire Agreement: The Terms set out the entire agreement and understanding between us and you in relation to your use of SmartUp, and this super-cedes all previous agreements, representations and arrangements between us (either oral or written). Any changes to these Terms must be in writing signed by both parties. No agency partnership, employment or joint venture is created by these Terms. Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.

Terms of Service
Privacy Policy
Trade Mark and Copyright Policy
PRIVACY POLICY
 
SmartUp.io is a micro learning knowledge service and platform that allows users to create different types of communities to connect, share and collaborate knowledge and skills.  It is owned and operated by SmartUp.io Limited a company registered in England with address 2 Temple Back East, Temple Quay, Bristol, BS1 6EG.  We are committed to looking after your data and demonstrating our commitment to privacy – and will only collect and process personal data in accordance with applicable laws and regulations. Our Privacy Policy tells you how your personal data is being looked after by us. A fundamental privacy principle of ours is that your private communities are private.
 
When you access or use SmartUp, (whether through our app, website or any white labelled product) you agree to our Privacy Policy and you consent to our collection, storage, use and disclosure of your personal information as we have set out in this Policy.   Alert! We are still in testing phase!
 
SIGN UP PROCESSES FOR COLLECTION OF INFORMATION
 
Organisation Affiliated User
 
If your organisation makes SmartUp available to you (such as using it in a workplace or you have been issued an account by your employer or organisation) then you are part of a Team Affiliated Network: we provide the Services to your Team Affiliated Network and your Team Affiliated Network will provide and control your SmartUp user account. This means:
 
Your Team Affiliated Network has its own policies about storage, access, deletion, modification and retention of data (such as your content and communications through SmartUp) which may apply to your use of SmartUp.  
 
Content that you may consider private may be accessible by the Owner or Community Manager of your Team Affiliated Network. Please check with your employer, Owner or Community Manager about the policies in place on data protection and how that would apply to your content on SmartUp.  
 
Your Team Affiliated Network owns all information you submit to SmartUp or which is provided by your Team Affiliated on SmartUp.
Your Network is responsible for obtaining your consent to data processing on SmartUp.
 
We process your data on behalf of your Team Affiliated Network and in accordance with your Network’s instructions - and this means that on sign up to SmartUp, SmartUp creates an account for you on behalf of your Team Affiliated Network; and your Network may collect your personal information and share it with SmartUp (in accordance with applicable laws) in order to complete the SmartUp on-boarding process. You hereby consent to such data sharing.
 
PLEASE NOTE: We are not responsible for any policies set by your Network or any actions taken by your Network in relation to your data on the SmartUp Platform.
 
Unaffiliated User
 
If you are an Unaffiliated User, SmartUp provides the Services directly to you, you control your account including all information and personal data shared through your SmartUp account.
 
When you post information about yourself on your SmartUp profile and communicate with other users, the amount of personal information you share is at your own risk.  If you are part of a Team Affiliated Network, please ensure you comply with their policies. If you post anything that is inconsistent with our Terms or Privacy Policy, we reserve the right to suspend or terminate your account.
 
SmartUp is not directed to children under 13. If it comes to your attention that a minor child has provided any personal data without a parental or guardian consent, please email us and we will remove the account immediately.
 
COLLECTION OF INFORMATION
 
Within each SmartUp community there are different roles and privileges – it works like this: Owner > Community Manager> Community user.
 
Owners establish the SmartUp Community for the particular learning purpose and have the ability to control their Community’s settings. Community Managers are provided the rights by the Owners to manage the teams, and Community Users are invited to join these teams. All Owners, Community Managers and Community users can view all content posted in the particular Community they are invited to join.
 
When you download the app or use the desktop application and create an account, by providing us with your personal data, we collect certain information about you and your Team Affiliated Network.
 
Data we collect on sign up to SmartUp includes:
 
Your email and IP address
 
Contact information including your full name
 
Username and password
 
Any work information provided to SmartUp during the on-boarding process, such as work title, department information, e.t.c.
 
Friends lists for social media accounts that may connect to your SmartUp account (this could include for example Google, Facebook LinkedIn and Twitter).  Remember that when you register through a social media account you are also giving them personal information, so we recommend that you read their privacy policies as SmartUp does not control how they use their information.
 
Data we collect during the course of using our SmartUp includes:
 
All content that you create, upload or share in any files which are permitted and you provide through SmartUp
 
Communications with other users of SmartUp
 
If you purchase a license plan from SmartUp, our third party payment processors will collect and store your billing address and credit card information.
 
information from our third party partners for some of the purposes described in Section 3.1 below.
 
We may use cookies and similar technologies to automatically collect the information described in section 2.4 above
 
If you are not signed up to SmartUp and just visit our site, we will place session ID cookies on your computer – please see section 4 on Cookies below.
 
HOW SMARTUP USES THE INFORMATION
 
We collect, process and use your information to develop and improve the SmartUp services on your and your Team Affiliated Network’s behalf. This includes using the information to:
 
Provide the SmartUp service and allow content to be created, uploaded posted and shared;
 
Research on how to improve our product – we use data about usage to improve our product. We will, to the extent possible, use aggregated and anonymized data for such purposes;
 
Communicate with users regarding their use of SmartUp;
 
Enhance the security and safety of SmartUp for you, your Team Affiliated Network and other users;
 
Develop a personalized SmartUp user experience as part of our services including content for various public channels;
 
Solving any problems and using your information to try and resolve it;
 
In product communications as and when these become available;
 
Email notifications such as changes to our services, any security or fraud information – or notifications regarding new product features or news (you can opt out of these latter sorts of emails); and
 
We may also use material that you post on the open access areas of SmartUp for native advertising.
 
SmartUp may introduce a feature to allow you to upload your address book into SmartUp either by sending an email invitation from SmartUp in your name or maybe via an SMS to your contacts to get them to sign up.  This will mean we store this confirmation and use it to help you grow and use SmartUp best by growing your Communities – we would identify your contacts who are already SmartUp users, and provide you with a template to send invitations on your behalf to your contact who are not yet SmartUp users and possibly suggest people you may know but are not yet connected with you on our services.  When you send an invitation to another individual already a SmartUp user or in order to invite them to join our service, that person may have access to your email address. We may after sending such invitations remind your invitees of your invitation on your behalf. You are responsible for ensuring that your friend has agreed to receiving a SmartUp invite.
 
COOKIE USAGE
 
We use cookies and similar technologies such as access tokens so we recognize you when you return to our Services. We use them in different ways such as to authenticate your registration process, ensure site functionality and enable us to provide the services to our SmartUp users.
 
When you visit the publicly available sections of SmartUp, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (known as a local storage devices) on SmartUp community members’ computers, so that SmartUp remembers them and makes their login experience easier. We may use persistent tracking cookies on your mobile device, mainly for security protection purposes, such as to prevent phishers, scammers, unauthorised log in attempts, and to help you access your hacked account. We do not use any information whilst you are logged off.
 
You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that SmartUp offers.
 
The type of cookie usage includes:
 
those that are strictly necessary to deliver the services and products you have requested, such as, for example purchasing a certain type of licence;
cookies related to the performance of SmartUp’s site, such as analytics that help us determine how our site is performing and ensuring a smooth and trouble free experience for our members and visitors;
cookies related to the functionality of SmartUp’s site, such as remembering your log in, and third party cookies that also relate to functionality and that you request via social plugins, links to other social networks or viewing of videos
SmartUp’s cookie functions and explanations below:
 
Analytics and research: SmartUp uses Flurry Analytics to collect information about how visitors use SmartUp. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. For more information about Google’s privacy policy, please visit http://www.google.com/intl/en/policies/
 
Authentication: These cookies help us to identify our members so that when you’re logged in, you can enjoy SmartUp’s products and services.
 
Security and site integrity: We may use persistent cookies, which will help us to ensure we have identified the same device is logging into the correct account. These types of cookies also help with our anti-spam measures and may help us to prevent phishers, scammers, unauthorised log -in attempts to your account and accessing any hacked accounts.
 
Site features and services: In some cases, the site feature you choose may allow a third party to place cookies or local storage devices on your computer. The third party who places cookies on your device is responsible for how they process their data and SmartUp recommends that you read their privacy policies. Third parties who place cookies on your device when you use SmartUp include (but is not limited to) Branch.io, Flurry Analytics, Facebook, LinkedIn and Google platforms.
Performance: We need to use certain cookies and local storage devices to assist with your navigation of our site, ensuring pages load up quickly and respond faster to requests for services.
 
Our use of cookies and local share devices may change from time to time. Please see this page and our homepage to be aware of the changes.
 
Please look at your browser and mobile device for settings on controlling cookies. We do not control these choices offered by your browser/mobile device makers.
 
YOUR INFORMATION CHOICES
 
SmartUp is a team and community centred platform allowing each community to enjoy the best content most relevant to each member. Each owner has the maximum control over their communities’ options and has the ability to control who can view content as well as the privacy options for the Community. Some SmartUp Community Users will not have the same rights as the Community Manager or Owners.
 
PLEASE NOTE – SMARTUP HAS NO CONTROL OVER THE COMMUNITY PRIVACY OPTIONS SO PLEASE CHECK THESE CAREFULLY BEFORE ACCEPTING AN INVITATION TO JOIN A COMMUNITY.
 
Unaffiliated User
 
You may deactivate your account and leave your SmartUp Community at any time. The options to delete data depends on the options selected by your Community Owner and Community Manager and in all cases you will have the right to delete your personal data.
 
When you produce content, you can decide if you want to post it to your SmartUp Community or not. Whether your content is posted to all SmartUp members or just your SmartUp Community depends on the settings and product chosen by your SmartUp Community Owner.
 
You can share your content externally by creating a publically accessible link to your Content. Content can be deleted by your Community Owner.
 
If you are a Community Manager or Community Owner: You have the keys to managing your SmartUp community settings. This means you can decide who to designate a Community Manager, and who can be invited to join your SmartUp Community. You can also remove SmartUp users and decide what content can and cannot be posted to the Community. You can also permit what Content can be exported and downloaded.
 
Team Affiliated Network
 
We maintain your SmartUp work account on behalf of your Team Affiliated Network. If you would like to stop using SmartUp you should contact your Team Affiliated Owner. If you stop working for a Team Affiliated Network (e.g. your workplace), your Network may suspend or terminate your SmartUp account as well as delete or retain any associated data.
 
Content you provide on SmartUp is akin to content you would provide in your normal course of work – and so that content is owned and controlled by your Team Affiliated Network meaning even if you leave your Team Affiliated that content may still be accessible and available on SmartUp.
 
DISCLOSURE OF DATA
 
Save as described in this section and policy, SmartUp will never sell, share or transfer any SmartUp users’ personal information without their consent.
 
SmartUp may share your information and communications in accordance with this privacy policy. Team Affiliated Networks that use SmartUp will have their own policies for sharing of data on platforms such as SmartUp so please consult those.
 
SmartUp may share and disclose information that we collect through our agreement with you and/or your Team Affiliated Network’s instructions, in the following circumstances:
 
To your Team Affiliated Owners and Community Managers authorised by your Network to access the requested information when you have a Team Affiliated account.
 
To third-party service providers (for example payment processors, hosting providers, or other consultants to provide content) or service providers that are in the United States and in other countries where such service providers assist in providing the Services or part of the Services;
 
To third-party apps, websites, or other services that you can connect to through SmartUp – please note these will have their own privacy policies unrelated to SmartUp’s so please read those carefully.
 
Any third party links posted on SmartUp will be subject to their own privacy policies which SmartUp is not responsible for.
 
In the event that SmartUp undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal information.
 
To comply with legal process or to protect SmartUp users or SmartUp: SmartUp will cooperate with all law enforcement enquiries and with all third parties to enforce their intellectual property or other rights. We may also disclose your personal information to government or law enforcement agencies or private parties as required by law or where such disclosure is necessary to protect our legal rights, those of third parties and or to comply with a judicial proceeding, court order, or legal process served on us.
 
If you are a Team Affiliated Network, we will make reasonable attempts to direct the requesting party to seek the data directly from your Network (and will provide your contact information to the requesting party) to the extent legally permissible. We will also direct any request for information under data protection laws to your Team Affiliated Network unless prohibited by law.
 
If you are an Unaffiliated User we may access, preserve and disclose your information in respect of a legal request or to address fraud, security or technical issues or to protect SmartUp’s rights or property.
 
We may share aggregated information with parties that includes your personal information (but which does not identify you directly) together with other information including log data with third parties for industry analysis to deliver targeted advertising about other products and services. Third party advertisers may use information about your visit to SmartUp and other websites to provide advertisement about goods and service of interest of you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this page (http://www.networkadvertising.org/choices/).
 
If you choose to, we may share your information with vendors, service providers, and other carefully selected third parties to improve our services to you, such as by facilitating payments. We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Privacy Policy.
 
MODIFYING TYPE OF ACCOUNT
 
In the event you wish to alter your information provided to SmartUp during the registration process, in due course, you will be able to manually change this yourself in your account. Whilst we work hard on this, please contact us support@smartup.io describing what you wish to change and we will swiftly alter this for you.
 
If you sign up as a Team Affiliated User and create an account, you cannot modify this account to be an Unaffiliated User account. You may however create a new Unaffiliated User account at any time.  You may only remove any Content on your Team Affiliated account with the consent of your Community Owner.
 
If you sign up as an Unaffiliated User and create an account, you cannot modify this account to be a Team Affiliated Network account.  Any transfer of Content is in your Network Community Owner’s sole discretion.
 
Any SmartUp user has the right to obtain a copy of the personal data that SmartUp holds in relation to your account for a flat fee of £10. Please email us support@smartup.io to request.
 
SECURITY
 
We work hard to protect your information and take reasonable steps to protect information you provide as part of your use of SmartUp from misuse, loss and unauthorised disclosure or access.  We use industry standard and up to date technology to safeguard the confidentiality of your personal information such as secured servers using firewalls.
 
Unfortunately, no website or Internet transmission is ever completely 100% secure and we cannot guarantee that unauthorised access, hacking, data loss or other breaches will never occur.  We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk.
 
To help keep your data secure please follow these tips:
 
Please make sure you log out of your Account after use
 
Please don't share your password
 
Change your password periodically
 
If you ever think someone has had access to your password, please report it to either us or the relevant social media platform and change your password immediately. Please email us immediately at support@smartup.io
 
We have stringent procedures in place to monitor our employees’ access to any community on SmartUp and ensure that such access is only for those that need to in order to, for example, resolve any troubleshooting problems, or assist with content creation. Access by any employees to any private communities is logged.
 
All of our employees and contractors must comply to our data protection policies in relation to any user data which are strictly adhered to.
 
In the event of a security breach, SmartUp will promptly notify the Team Affiliated Network Owner of any unauthorised access to the Team Affiliated SmartUp account. SmartUp has incident management policies set up to manage such an event.
 
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR (INCLUDING ANY NETWORK’S) DEVICE, OR ANY LOSS OR UNAUTHORIZED USE OF YOUR (INCLUDING ANY NETWORK’S) REGISTRATION INFORMATION OR OTHER DATA.
 
DATA STORAGE
 
SmartUp is a global website operating through services located in a number of countries around the world including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. In using SmartUp Services you expressly consent to the transfer of your personal information and storage and processing of your personal information in any such countries and destinations. Any transfer of data will be for the purposes described in this privacy policy only. SmartUp applies with all applicable laws and has taken all adequate safeguard measures to protect your personal data.
 
YOUR CALIFORNIA PRIVACY RIGHTS
 
We comply with California laws regarding privacy.  California's "Shine the Light" law (Civil Code section 1798.83) requires businesses to respond to requests from California customers asking about practices of disclosing personal information to third parties for the third parties' direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at support@smartup.io. We may disclose your contact information to third parties to allow for marketing of their products or services to you or for other marketing purposes. If you want us to stop further sharing your email contact information with third parties, notify us at support@smartup.io.  Please follow the instructions provided to you by third parties to unsubscribe from their messages. If you have opted-out as described above, and thereafter you chose to use a service or promotion that requires us to contact you or share your information with a third party, then your previous opt-out preferences will not apply to such service.
 
Operators of online services are required to disclose how they respond to "do not track" signals that provide Unaffiliated Users the ability to exercise choice over the collection of personal information of Unaffiliated Users over time and across third party online services.  We do not currently track our users' personal information over time and across third-party online services. We also do not knowingly permit third parties to collect personal information about an individual User's online activities over time and across different online services when using SmartUp.
 
CHANGES  
 
SmartUp is a young, fresh and new platform, meaning we are always looking to improve our services we offer. If we introduce new features, we will modify this privacy policy and if we collect substantially new personal information, and materially change how we handle your data we will modify this privacy policy and notify you through the contact details you provide to us, and also on this page.
 
CONTACT US
 
Your access to SmartUp as well as this privacy policy are governed and interpreted by the laws of England and Wales other than, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than England and Wales.
By using SmartUp you are consenting to the exclusive jurisdiction of the courts of England & Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum.
 
You agree that you will not file or participate in a class action against us.
 
SmartUp.io Limited is registered with the Information Commissioners’ Office in the UK with registration number ZA202708.
 
If you have a Team Affiliated SmartUp account and have questions on this privacy policy, please contact your Team Affiliated Owner first of all, and they can subsequently contact us.
 
If you have a Unaffiliated User account and have any questions please email us with any questions at support@smartup.io
 
Trademark and Copyright Policy
 
SmartUp is committed to helping others protect their intellectual property rights. We take these rights seriously and ask that our users also respect this. Our Terms do not allow our users to infringe someone else’s intellectual property rights when using our Services.  If we identify any infringements, we may, in our sole discretion, terminate or suspend such accounts. To report copyright or trade mark infringement please email a completed claim to support@smartup.io including all of the following information for SmartUp.
 
Before you contact SmartUp, you may want to contact the relevant SmartUp user you believe may be infringing your copyright or trade mark to try and resolve the issue.
Claim information:
 
Your complete contact information: full name, mailing address and phone number. Please considers if a professional or business email address is the best contact method as we would need to provide your contact information to the person or Smart Up community whose content you are reporting.
 
A description of the copyrighted work or trademark that you claim has been infringed.
 
A description of the content hosted on our Services that you claim infringes your copyright or trademark.
 
Information reasonably sufficient to permit us to locate the material on our Services. The best way is to let us know the name of the Community in which the content in question features.  
 
A declaration that: You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorised by the copyright or trademark owner, its agent, or the law.
 
The information in your claim is accurate.
 
You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
 
Your electronic signature or physical signature
 
Any IP Takedown Notices should be sent to: support@smartup.io
 
Last Updated: 31 October 2016


Terms of Service
Privacy Policy
Trade Mark and Copyright Policy
PRIVACY POLICY 
 
SmartUp.io is a micro learning knowledge service and platform that allows users to create different types of communities to connect, share and collaborate knowledge and skills.  It is owned and operated by SmartUp.io Limited a company registered in England with address 2 Temple Back East, Temple Quay, Bristol, BS1 6EG.  We are committed to looking after your data and demonstrating our commitment to privacy – and will only collect and process personal data in accordance with applicable laws and regulations. Our Privacy Policy tells you how your personal data is being looked after by us. A fundamental privacy principle of ours is that your private communities are private.
 
When you access or use SmartUp, (whether through our app, website or any white labelled product) you agree to our Privacy Policy and you consent to our collection, storage, use and disclosure of your personal information as we have set out in this Policy.   Alert! We are still in testing phase!
 
SIGN UP PROCESSES FOR COLLECTION OF INFORMATION
 
Organisation Affiliated User
 
If your organisation makes SmartUp available to you (such as using it in a workplace or you have been issued an account by your employer or organisation) then you are part of a Team Affiliated Network: we provide the Services to your Team Affiliated Network and your Team Affiliated Network will provide and control your SmartUp user account. This means:
 
Your Team Affiliated Network has its own policies about storage, access, deletion, modification and retention of data (such as your content and communications through SmartUp) which may apply to your use of SmartUp.  
 
Content that you may consider private may be accessible by the Owner or Community Manager of your Team Affiliated Network. Please check with your employer, Owner or Community Manager about the policies in place on data protection and how that would apply to your content on SmartUp.  
 
Your Team Affiliated Network owns all information you submit to SmartUp or which is provided by your Team Affiliated on SmartUp.
Your Network is responsible for obtaining your consent to data processing on SmartUp.
 
We process your data on behalf of your Team Affiliated Network and in accordance with your Network’s instructions - and this means that on sign up to SmartUp, SmartUp creates an account for you on behalf of your Team Affiliated Network; and your Network may collect your personal information and share it with SmartUp (in accordance with applicable laws) in order to complete the SmartUp on-boarding process. You hereby consent to such data sharing.
 
PLEASE NOTE: We are not responsible for any policies set by your Network or any actions taken by your Network in relation to your data on the SmartUp Platform.
 
Unaffiliated User
 
If you are an Unaffiliated User, SmartUp provides the Services directly to you, you control your account including all information and personal data shared through your SmartUp account.
 
When you post information about yourself on your SmartUp profile and communicate with other users, the amount of personal information you share is at your own risk.  If you are part of a Team Affiliated Network, please ensure you comply with their policies. If you post anything that is inconsistent with our Terms or Privacy Policy, we reserve the right to suspend or terminate your account.
 
SmartUp is not directed to children under 13. If it comes to your attention that a minor child has provided any personal data without a parental or guardian consent, please email us and we will remove the account immediately.
 
COLLECTION OF INFORMATION
 
Within each SmartUp community there are different roles and privileges – it works like this: Owner > Community Manager> Community user.
 
Owners establish the SmartUp Community for the particular learning purpose and have the ability to control their Community’s settings. Community Managers are provided the rights by the Owners to manage the teams, and Community Users are invited to join these teams. All Owners, Community Managers and Community users can view all content posted in the particular Community they are invited to join.
 
When you download the app or use the desktop application and create an account, by providing us with your personal data, we collect certain information about you and your Team Affiliated Network.
 
Data we collect on sign up to SmartUp includes:
 
Your email and IP address
 
Contact information including your full name
 
Username and password
 
Any work information provided to SmartUp during the on-boarding process, such as work title, department information, e.t.c.
 
Friends lists for social media accounts that may connect to your SmartUp account (this could include for example Google, Facebook LinkedIn and Twitter).  Remember that when you register through a social media account you are also giving them personal information, so we recommend that you read their privacy policies as SmartUp does not control how they use their information.
 
Data we collect during the course of using our SmartUp includes:
 
All content that you create, upload or share in any files which are permitted and you provide through SmartUp
 
Communications with other users of SmartUp
 
If you purchase a license plan from SmartUp, our third party payment processors will collect and store your billing address and credit card information.
 
information from our third party partners for some of the purposes described in Section 3.1 below.
 
We may use cookies and similar technologies to automatically collect the information described in section 2.4 above
 
If you are not signed up to SmartUp and just visit our site, we will place session ID cookies on your computer – please see section 4 on Cookies below.
 
HOW SMARTUP USES THE INFORMATION
 
We collect, process and use your information to develop and improve the SmartUp services on your and your Team Affiliated Network’s behalf. This includes using the information to:
 
Provide the SmartUp service and allow content to be created, uploaded posted and shared;
 
Research on how to improve our product – we use data about usage to improve our product. We will, to the extent possible, use aggregated and anonymized data for such purposes;
 
Communicate with users regarding their use of SmartUp;
 
Enhance the security and safety of SmartUp for you, your Team Affiliated Network and other users;
 
Develop a personalized SmartUp user experience as part of our services including content for various public channels;
 
Solving any problems and using your information to try and resolve it;
 
In product communications as and when these become available;
 
Email notifications such as changes to our services, any security or fraud information – or notifications regarding new product features or news (you can opt out of these latter sorts of emails); and
 
We may also use material that you post on the open access areas of SmartUp for native advertising.
 
SmartUp may introduce a feature to allow you to upload your address book into SmartUp either by sending an email invitation from SmartUp in your name or maybe via an SMS to your contacts to get them to sign up.  This will mean we store this confirmation and use it to help you grow and use SmartUp best by growing your Communities – we would identify your contacts who are already SmartUp users, and provide you with a template to send invitations on your behalf to your contact who are not yet SmartUp users and possibly suggest people you may know but are not yet connected with you on our services.  When you send an invitation to another individual already a SmartUp user or in order to invite them to join our service, that person may have access to your email address. We may after sending such invitations remind your invitees of your invitation on your behalf. You are responsible for ensuring that your friend has agreed to receiving a SmartUp invite.
 
COOKIE USAGE
 
We use cookies and similar technologies such as access tokens so we recognize you when you return to our Services. We use them in different ways such as to authenticate your registration process, ensure site functionality and enable us to provide the services to our SmartUp users.
 
When you visit the publicly available sections of SmartUp, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (known as a local storage devices) on SmartUp community members’ computers, so that SmartUp remembers them and makes their login experience easier. We may use persistent tracking cookies on your mobile device, mainly for security protection purposes, such as to prevent phishers, scammers, unauthorised log in attempts, and to help you access your hacked account. We do not use any information whilst you are logged off.
 
You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that SmartUp offers.
 
The type of cookie usage includes:
 
those that are strictly necessary to deliver the services and products you have requested, such as, for example purchasing a certain type of licence;
cookies related to the performance of SmartUp’s site, such as analytics that help us determine how our site is performing and ensuring a smooth and trouble free experience for our members and visitors;
cookies related to the functionality of SmartUp’s site, such as remembering your log in, and third party cookies that also relate to functionality and that you request via social plugins, links to other social networks or viewing of videos
SmartUp’s cookie functions and explanations below:
 
Analytics and research: SmartUp uses Flurry Analytics to collect information about how visitors use SmartUp. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. For more information about Google’s privacy policy, please visit http://www.google.com/intl/en/policies/
 
Authentication: These cookies help us to identify our members so that when you’re logged in, you can enjoy SmartUp’s products and services.
 
Security and site integrity: We may use persistent cookies, which will help us to ensure we have identified the same device is logging into the correct account. These types of cookies also help with our anti-spam measures and may help us to prevent phishers, scammers, unauthorised log -in attempts to your account and accessing any hacked accounts.
 
Site features and services: In some cases, the site feature you choose may allow a third party to place cookies or local storage devices on your computer. The third party who places cookies on your device is responsible for how they process their data and SmartUp recommends that you read their privacy policies. Third parties who place cookies on your device when you use SmartUp include (but is not limited to) Branch.io, Flurry Analytics, Facebook, LinkedIn and Google platforms.
Performance: We need to use certain cookies and local storage devices to assist with your navigation of our site, ensuring pages load up quickly and respond faster to requests for services.
 
Our use of cookies and local share devices may change from time to time. Please see this page and our homepage to be aware of the changes.
 
Please look at your browser and mobile device for settings on controlling cookies. We do not control these choices offered by your browser/mobile device makers.
 
YOUR INFORMATION CHOICES
 
SmartUp is a team and community centred platform allowing each community to enjoy the best content most relevant to each member. Each owner has the maximum control over their communities’ options and has the ability to control who can view content as well as the privacy options for the Community. Some SmartUp Community Users will not have the same rights as the Community Manager or Owners.
 
PLEASE NOTE – SMARTUP HAS NO CONTROL OVER THE COMMUNITY PRIVACY OPTIONS SO PLEASE CHECK THESE CAREFULLY BEFORE ACCEPTING AN INVITATION TO JOIN A COMMUNITY.
 
Unaffiliated User
 
You may deactivate your account and leave your SmartUp Community at any time. The options to delete data depends on the options selected by your Community Owner and Community Manager and in all cases you will have the right to delete your personal data.
 
When you produce content, you can decide if you want to post it to your SmartUp Community or not. Whether your content is posted to all SmartUp members or just your SmartUp Community depends on the settings and product chosen by your SmartUp Community Owner.
 
You can share your content externally by creating a publically accessible link to your Content. Content can be deleted by your Community Owner.
 
If you are a Community Manager or Community Owner: You have the keys to managing your SmartUp community settings. This means you can decide who to designate a Community Manager, and who can be invited to join your SmartUp Community. You can also remove SmartUp users and decide what content can and cannot be posted to the Community. You can also permit what Content can be exported and downloaded.
 
Team Affiliated Network
 
We maintain your SmartUp work account on behalf of your Team Affiliated Network. If you would like to stop using SmartUp you should contact your Team Affiliated Owner. If you stop working for a Team Affiliated Network (e.g. your workplace), your Network may suspend or terminate your SmartUp account as well as delete or retain any associated data.
 
Content you provide on SmartUp is akin to content you would provide in your normal course of work – and so that content is owned and controlled by your Team Affiliated Network meaning even if you leave your Team Affiliated that content may still be accessible and available on SmartUp.
 
DISCLOSURE OF DATA
 
Save as described in this section and policy, SmartUp will never sell, share or transfer any SmartUp users’ personal information without their consent.
 
SmartUp may share your information and communications in accordance with this privacy policy. Team Affiliated Networks that use SmartUp will have their own policies for sharing of data on platforms such as SmartUp so please consult those.
 
SmartUp may share and disclose information that we collect through our agreement with you and/or your Team Affiliated Network’s instructions, in the following circumstances:
 
To your Team Affiliated Owners and Community Managers authorised by your Network to access the requested information when you have a Team Affiliated account.
 
To third-party service providers (for example payment processors, hosting providers, or other consultants to provide content) or service providers that are in the United States and in other countries where such service providers assist in providing the Services or part of the Services;
 
To third-party apps, websites, or other services that you can connect to through SmartUp – please note these will have their own privacy policies unrelated to SmartUp’s so please read those carefully.
 
Any third party links posted on SmartUp will be subject to their own privacy policies which SmartUp is not responsible for.
 
In the event that SmartUp undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal information.
 
To comply with legal process or to protect SmartUp users or SmartUp: SmartUp will cooperate with all law enforcement enquiries and with all third parties to enforce their intellectual property or other rights. We may also disclose your personal information to government or law enforcement agencies or private parties as required by law or where such disclosure is necessary to protect our legal rights, those of third parties and or to comply with a judicial proceeding, court order, or legal process served on us.
 
If you are a Team Affiliated Network, we will make reasonable attempts to direct the requesting party to seek the data directly from your Network (and will provide your contact information to the requesting party) to the extent legally permissible. We will also direct any request for information under data protection laws to your Team Affiliated Network unless prohibited by law.
 
If you are an Unaffiliated User we may access, preserve and disclose your information in respect of a legal request or to address fraud, security or technical issues or to protect SmartUp’s rights or property.
 
We may share aggregated information with parties that includes your personal information (but which does not identify you directly) together with other information including log data with third parties for industry analysis to deliver targeted advertising about other products and services. Third party advertisers may use information about your visit to SmartUp and other websites to provide advertisement about goods and service of interest of you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this page (http://www.networkadvertising.org/choices/).
 
If you choose to, we may share your information with vendors, service providers, and other carefully selected third parties to improve our services to you, such as by facilitating payments. We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Privacy Policy.
 
MODIFYING TYPE OF ACCOUNT
 
In the event you wish to alter your information provided to SmartUp during the registration process, in due course, you will be able to manually change this yourself in your account. Whilst we work hard on this, please contact us support@smartup.io describing what you wish to change and we will swiftly alter this for you.
 
If you sign up as a Team Affiliated User and create an account, you cannot modify this account to be an Unaffiliated User account. You may however create a new Unaffiliated User account at any time.  You may only remove any Content on your Team Affiliated account with the consent of your Community Owner.
 
If you sign up as an Unaffiliated User and create an account, you cannot modify this account to be a Team Affiliated Network account.  Any transfer of Content is in your Network Community Owner’s sole discretion.
 
Any SmartUp user has the right to obtain a copy of the personal data that SmartUp holds in relation to your account for a flat fee of £10. Please email us support@smartup.io to request.
 
SECURITY
 
We work hard to protect your information and take reasonable steps to protect information you provide as part of your use of SmartUp from misuse, loss and unauthorised disclosure or access.  We use industry standard and up to date technology to safeguard the confidentiality of your personal information such as secured servers using firewalls.
 
Unfortunately, no website or Internet transmission is ever completely 100% secure and we cannot guarantee that unauthorised access, hacking, data loss or other breaches will never occur.  We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk.
 
To help keep your data secure please follow these tips:
 
Please make sure you log out of your Account after use
 
Please don't share your password
 
Change your password periodically
 
If you ever think someone has had access to your password, please report it to either us or the relevant social media platform and change your password immediately. Please email us immediately at support@smartup.io
 
We have stringent procedures in place to monitor our employees’ access to any community on SmartUp and ensure that such access is only for those that need to in order to, for example, resolve any troubleshooting problems, or assist with content creation. Access by any employees to any private communities is logged.
 
All of our employees and contractors must comply to our data protection policies in relation to any user data which are strictly adhered to.
 
In the event of a security breach, SmartUp will promptly notify the Team Affiliated Network Owner of any unauthorised access to the Team Affiliated SmartUp account. SmartUp has incident management policies set up to manage such an event.
 
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR (INCLUDING ANY NETWORK’S) DEVICE, OR ANY LOSS OR UNAUTHORIZED USE OF YOUR (INCLUDING ANY NETWORK’S) REGISTRATION INFORMATION OR OTHER DATA.
 
DATA STORAGE
 
SmartUp is a global website operating through services located in a number of countries around the world including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. In using SmartUp Services you expressly consent to the transfer of your personal information and storage and processing of your personal information in any such countries and destinations. Any transfer of data will be for the purposes described in this privacy policy only. SmartUp applies with all applicable laws and has taken all adequate safeguard measures to protect your personal data.
 
YOUR CALIFORNIA PRIVACY RIGHTS
 
We comply with California laws regarding privacy.  California's "Shine the Light" law (Civil Code section 1798.83) requires businesses to respond to requests from California customers asking about practices of disclosing personal information to third parties for the third parties' direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at support@smartup.io. We may disclose your contact information to third parties to allow for marketing of their products or services to you or for other marketing purposes. If you want us to stop further sharing your email contact information with third parties, notify us at support@smartup.io.  Please follow the instructions provided to you by third parties to unsubscribe from their messages. If you have opted-out as described above, and thereafter you chose to use a service or promotion that requires us to contact you or share your information with a third party, then your previous opt-out preferences will not apply to such service.
 
Operators of online services are required to disclose how they respond to "do not track" signals that provide Unaffiliated Users the ability to exercise choice over the collection of personal information of Unaffiliated Users over time and across third party online services.  We do not currently track our users' personal information over time and across third-party online services. We also do not knowingly permit third parties to collect personal information about an individual User's online activities over time and across different online services when using SmartUp.
 
CHANGES  
 
SmartUp is a young, fresh and new platform, meaning we are always looking to improve our services we offer. If we introduce new features, we will modify this privacy policy and if we collect substantially new personal information, and materially change how we handle your data we will modify this privacy policy and notify you through the contact details you provide to us, and also on this page.
 
CONTACT US
 
Your access to SmartUp as well as this privacy policy are governed and interpreted by the laws of England and Wales other than, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than England and Wales.
By using SmartUp you are consenting to the exclusive jurisdiction of the courts of England & Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum.
 
You agree that you will not file or participate in a class action against us.
 
SmartUp.io Limited is registered with the Information Commissioners’ Office in the UK with registration number ZA202708.
 
If you have a Team Affiliated SmartUp account and have questions on this privacy policy, please contact your Team Affiliated Owner first of all, and they can subsequently contact us.
 
If you have a Unaffiliated User account and have any questions please email us with any questions at support@smartup.io
 
Trademark and Copyright Policy
 
SmartUp is committed to helping others protect their intellectual property rights. We take these rights seriously and ask that our users also respect this. Our Terms do not allow our users to infringe someone else’s intellectual property rights when using our Services.  If we identify any infringements, we may, in our sole discretion, terminate or suspend such accounts. To report copyright or trade mark infringement please email a completed claim to support@smartup.io including all of the following information for SmartUp.
 
Before you contact SmartUp, you may want to contact the relevant SmartUp user you believe may be infringing your copyright or trade mark to try and resolve the issue.
Claim information:
 
Your complete contact information: full name, mailing address and phone number. Please considers if a professional or business email address is the best contact method as we would need to provide your contact information to the person or Smart Up community whose content you are reporting.
 
A description of the copyrighted work or trademark that you claim has been infringed.
 
A description of the content hosted on our Services that you claim infringes your copyright or trademark.
 
Information reasonably sufficient to permit us to locate the material on our Services. The best way is to let us know the name of the Community in which the content in question features.  
 
A declaration that: You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorised by the copyright or trademark owner, its agent, or the law.
 
The information in your claim is accurate.
 
You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
 
Your electronic signature or physical signature
 
Any IP Takedown Notices should be sent to: support@smartup.io
 
Last Updated: 31 October 2016