Atchai Terms & Privacy Policy

Thank you for your interest in Atchai Ltd (“Atchai”) and our service provided through the websites located at http://atchai.com (the “site”). By accepting these Terms of Use (which includes our Privacy Policy) or by accessing, using or downloading any materials from the Site, you acknowledge that you have read, understood, and agree to follow and be bound by these terms and agree that you are responsible for compliance with any applicable laws and regulations.

1. Acceptance of Terms

Atchai Ltd (“Atchai”) provides its Service to you through its web sites located at atchai.com (the “Site”), subject to these Terms and Conditions of Use (the “Terms of Use”). By accepting these Terms of Use or by accessing, using or downloading any materials from the Sites, you acknowledge that you have read, understood, and agree to follow and be bound by these Terms of Use and agree that you are responsible for compliance with any applicable laws and regulations. If you are entering into these Terms of Use on behalf of a 3rd party, company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity or its affiliates. If you do not have such authority, or if you do not agree with any of these terms, you are prohibited from using or accessing the Service. The materials made available through the Service are protected by applicable copyright and trade mark law.

Atchai reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. You can review the most current version of these Terms of Use at any time at http://atchai.com/docs/atchai-policy. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If any changes to these Terms of Use are unacceptable to you, your only remedy is to stop accessing and using the Service.

2. Service

The “Service” includes (a) the Site, (b) all data, reports, text, images, sounds, video and content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the these Terms of Use.

Atchai does not own and shall not be responsible for any data, information or material that you authorize us to retrieve or that you submit to the Service in the course of using the Service (“Customer Data”). You, not Atchai, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Atchai shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.

3. Use License

Subject to these Terms of Use and as long as you comply with the Terms of Use, Atchai grants you a personal, limited, non-exclusive, non-transferable, temporary right to use Atchai. This is a grant of a licence, not a transfer of title, and under this license you may not:

This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Atchai Ltd at any time.

4. Maintenance

Unscheduled Emergency Maintenance: Emergency upgrades, for example to apply critical security patches, will be notified immediately and may be required to be implemented immediately if the security of your data is deemed to be at risk. We will however always endeavour to minimise disruption to the Service.

Scheduled Maintenance: You agree that it may be necessary for Atchai to temporarily suspend the Service for technical reasons or to maintain our Services , the timing of which will be as determined by Atchai.

7. Disclaimer

The Service and content on the Sites are provided “as is”. Atchai makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Atchai does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service and the content on the Sites or otherwise relating to such content or on any sites linked to the Sites.

8. Limitations

In no event shall Atchai or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Atchai, even if Atchai or a Atchai authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Indemnity

You agree to indemnify and hold Atchai and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

10. Revisions and Errata

The materials appearing on the Sites could include technical, typographical, or photographic errors. Atchai does not warrant that any of the materials on its Sites are accurate, complete, or current. Atchai may make changes to the materials contained on its Sites at any time without notice. Atchai does not, however, make any commitment to update the materials.

11. Links

Atchai has not reviewed all of the sites linked to its Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Atchai of the site. Use of any such linked web site is at the user’s own risk.

12. No Waiver

No waiver of any of these Terms of Use shall be binding upon either party unless confirmed in writing by the parties. No waiver of any provisions of or default under these Terms of Use shall affect any party’s right thereafter to enforce such provision or to exercise any right or remedy hereunder in respect of a subsequent default.

13. Assignment

You may not assign these Terms of Use without the prior written consent of Atchai, but Atchai may assign or transfer these Terms of Use, in whole or in part, without restriction.

14. Governing Law

Any claim relating to Atchai shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.

Privacy Policy

The Information We Collect on the Service:

We collect the following information when you use the Atchai website (Service):

How We Use the Information We Collect

We use the information that we collect in a variety of ways in providing the Service and operating our business, including the following:

Operations

We use the information to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service.

Improvements

We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, feature, and functionality.

Communications

We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service or (ii) with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

Cookies and Tracking Technologies

We use automatically collected information and other information collected on the Service through cookies and similar technologies to: (i) personalize our Service, such as remembering a User’s or Visitor’s information so that the User or Visitor will not have to re-enter it during a visit or on subsequent visits; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service. You can obtain more information about cookies by visiting http://www.allaboutcookies.org.

Analytics

We use Google Analytics to measure and evaluate access to and traffic on the Public Area of the Site, and create user navigation reports for our Site administrators. Google operates independently from us and has its own privacy policy, which we strongly suggest you review. Google may use the information collected through Google Analytics to evaluate Users’ and Visitors’ activity on our Site. For more information, see Google Analytics Privacy and Data Sharing.

We take measures to protect the technical information collected by our use of Google Analytics. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences; but in this case, the data will be in non-identifiable form. We do not use any of this information to identify Visitors or Users.

To Whom We Disclose Information

Except as described in this Policy, we will not intentionally disclose the Personal Data that we collect or store on the Service to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

Unrestricted Information

Any information that you voluntarily choose to include in a Public Area of the Service will be available to any Visitor or User who has access to that content.

Service Providers

We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information. The following third parties are currently storing or processing data:

Non Personally Identifiable Information

We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Clients’, Users’ and Visitors’ interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Service.

We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

Change of Ownership

Information about Users and Visitors, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Your Choices

Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you that we have obtained from an Integrated Service, you may contact us as set forth in the “How to Contact Us” section. At your request, we will have any reference to you deleted or blocked in our database.

You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact Atchai’s Data Protection Officer at dpo@atchai.com. You also have a right to lodge a complaint with data protection authorities.

This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own Privacy Policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

You may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature.

Opting out from Commercial Communications

If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to the address provided in the “How to Contact Us” section.

Users are able to view and modify settings relating to the nature and frequency of promotional communications that they receive from us by accessing the “Account functionality” tab on the Service.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Atchai has no direct relationship with the Client’s customers or third party whose Personal Data it may process on behalf of a Client. An individual who seeks access, or who seeks to correct, amend, delete inaccurate data or withdraw consent for further contact should direct his or her query to the Client or User they deal with directly. If the Client requests Atchai to remove the data, we will respond to its request within thirty (30) days. We will delete, amend or block access to any Personal Data that we are storing only if we receive a written request to do so from the Client who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, or to defend our rights in litigation. Any such request regarding Client Data should be addressed as indicated in the “How to Contact Us” section, and include sufficient information for Atchai to identify the Client or its customer or third party and the information to delete or amend.

Third-Party Services

The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Your Privacy Rights

We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by UK law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

Do Not Track Policy

EU law requires that operators of websites and online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

Third Party Cookies

EU law requires that operators of websites and online services disclose whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service. We allow third parties with which we have a separate agreement to use cookies and other technologies to collect information about your use of the Site. These third parties include analytics services.

The information gathered by these third parties is used only for the purposes of analytics.

We do not share with these third parties any information that would readily identify you (such as email address); however, these third parties may have access to information about your device (such as IP or MAC address). We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Notice. Other than as discussed in this document, we have no control over these third parties.

The Following Types of Cookies Are Used in the Site:

strictly necessary/essential cookies - These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for cannot be provided. These cookies don’t collect information that identifies a visitor.

Minors and Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at privacy@atchai.com and request that we delete that child’s Personal Data from our systems.

The Service is not intended to be used by minors, and is not intended to be used to post content to share publicly or with friends. To the extent that a minor has posted such content on the Service, the minor has the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in the “How to Contact Us” section. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.

Data Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “How to Contact Us” section.

If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

Data Retention

We will retain the Personal Data collected from a User for as long as the user has not explicitly opted out or requested that we remove their data, and we will only use the data for the purposes for which we have initially collected it. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

Data Transfer

We may transfer, process and store Personal Data we collect through the Services in centralized databases and with service providers located in the U.S. The U.S. may not have the same data protection framework as the country from which you may be using the Services. When we transfer Personal Data to the U.S., we will protect it as described in this Privacy Policy.

The Service is hosted in the the EU and the US. Regardless of the database being hosted in the EU, if you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you may be transferring your Client Data and Personal Data outside of those regions to the United States for storage and processing by our service providers listed in the Atchai Terms of Service. We will comply with GDPR requirements providing adequate protection for the transfer of personal information from Europe to the U.S. Also, we may transfer your data to the U.S., the EEA, or other countries or regions deemed by the European Commission to provide adequate protection of personal data in connection with storage and processing of data, fulfilling your requests, and operating the Service.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

How to Contact Us

Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by email at privacy@atchai.com.

Last updated 21 May 2018