Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

IMPORTANT: THIS WEBSITE IS FOR THE USE OF BUSINESSES ONLY. WE SUPPLY GOODS AND SERVICES TO BUSINESSES ONLY. IF YOU ARE A CONSUMER YOU SHOULD NOT BE USING THIS WEBSITE. IF YOU ARE A CONSUMER YOU SHOULD STOP USING THIS SITE IMMEDIATELY.

IF YOU ARE USING THIS SITE ON BEHALF OF A BUSINESS, COMPANY, ORGANISATION OR OTHER LEGAL ENTITY:

1. YOU WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH BUSINESS, COMPANY, ORGANISATION OR ENTITY TO THESE WEBSITE TERMS AND CONDITIONS, AND
2. THE PHRASES “YOU” AND “YOUR” SHALL REFER TO SUCH BUSINESS, COMPANY, AND ORGANISATION OR ENTITY, AS WELL AS YOURSELF.

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• WHAT’S IN THESE TERMS?
  These terms tell you the rules for using our website https://www.exclaimer.com (“our Site“).
• WHO WE ARE AND HOW TO CONTACT US
  https://www.exclaimer.com/ is a Site operated by EXCLAIMER LIMITED (“We“). We are registered in England and Wales under company number 04938619 and have our registered office at 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP. Our main trading address is 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP. Our VAT number is GB 258283380.To contact us, please email sales@exclaimer.com or telephone our customer service line on 01252531422 or send a letter to 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP, United Kingdom.
• TRADING HOURS AND RESPONSE TIMES
  Exclaimer’s office hours are 09:00 – 17:30 UK time and the office is open every day other than a Saturday, Sunday, bank or public holiday in England.All orders and quotations received are acknowledged by email. We will aim to respond to all customer emails within one (1) working day but this is an estimate only and time shall not be of the essence for responding to requests.
• CUSTOMER SATISFACTION
  Customer satisfaction is our number one priority. If you have a suggestion as to how we can improve our service to you or if you are dissatisfied about our service or any goods or services that you bought from Exclaimer Limited then please contact us immediately on 01252531422 or by email help@exclaimer.com
• BY USING OUR SITE YOU ACCEPT THESE TERMS
  By using our Site, you confirm that you accept these terms of use, that you are a business and that you agree to comply with these terms.If you do not agree to these terms and you are not a business you must not use our Site.We recommend that you print a copy of these terms for future reference.
• THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
  These terms of use refer to the following additional terms which may apply to you:
  • Our Licence Terms and Conditions which will apply when you purchase any goods or services. We will provide you with a copy of such terms prior to finalising any agreement to supply goods or services to you.
  • Our Privacy Policy https://www.exclaimer.com/company/privacy-policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our GDPR compliance statement https://www.exclaimer.com/company/gdpr which sets out what Exclaimer Limited have done to ensure we are compliant with the new GDPR legislation.
  • Our Cookie Policy https://www.exclaimer.com/company/cookie-policy which sets out information about the cookies on our Site.
• WE MAY MAKE CHANGES TO THESE TERMS
  We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
• WE MAY MAKE CHANGES TO OUR SITE
  We may update and change our Site from time to time to reflect changes to our products and services, our users’ needs and our business priorities.
• WE MAY SUSPEND OR WITHDRAW OUR SITE
  Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
• YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
  If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@exclaimer.com.
• HOW TO MAKE AN ORDER
  You can purchase an Exclaimer product/ service by using one of the following methods:
  • ordering online through Exclaimer payment portal;
  • providing a signed Purchase Order (PO);
  • signing and returning a quote sent to you from a dedicated Exclaimer sales representative; or
  • sending an email confirmation to Exclaimer sales.If you place an order with Exclaimer, these terms and conditions will apply.
• CHECKING AND CORRECTING
  It is up to you to check that your order is correct. There are facilities to enable you to correct any inputting errors prior to submission of your order. If however you realise that you have made a mistake then do call us on 01252 531422 and we will see whether it is possible to intercept the order before it is accepted by us. Once an order has been accepted by us we are under no obligation to accept any amendments to or cancellation of the order other than in accordance with any separate terms applicable to the relevant order.
• ORDERING ONLINE
  The Exclaimer online order system encrypts all your personal information including your name, address and credit or debit card details using industry standard secure socket technology (SSL). This is intended to ensure that information passed between your computer and this Site cannot be read in the unlikely event that it is intercepted by someone else but we cannot guarantee and give no assurances that such information will not be intercepted or accessed by any third party.
• VAT
  Our prices (including delivery charges where applicable) do not include VAT which is chargeable at 20% in the UK. VAT is also chargeable (at 20%) on all goods shipped to EC countries unless customers provide their VAT / tax number on headed paper or an official document. When a user in an EC country, other than the UK, provides a valid VAT number than the ‘Total Exc. VAT’ applies.
• HOW YOU MAY USE MATERIAL ON OUR SITE
  We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.Unless we otherwise agree in writing you may not use or exploit the content of our Site for any commercial purpose other than for considering and purchasing any goods or services.You must not copy, adapt, modify, or amend in any way any of the content of our Site and you must not copy any illustrations, photography, video or audio sequences or any graphics from our Site.Where we consent to the use of our Site for additional purposes our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.If you print off, copy, use, download, adapt, or modify any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• DO NOT RELY ON INFORMATION ON THIS SITE
  All and any information about the products on this Site is provided by Exclaimer Limited in good faith. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
• WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
  Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Sites or resources.
• EMAILS
  When you use this Site we may have cause to communicate with you by email.Our emails (including any attachments to them) may contain information that is confidential or legally privileged and intended only to be seen by a particular person or persons.If you know that you are not the intended recipient of an email or it is reasonably obvious that you are not the intended recipient, please note that any onward disclosure, copying, distribution or any use made of it (and any attachments) is prohibited and may be unlawful.If you are not the intended recipient of an email or attachment please notify the sender immediately and then delete the original email received and any attachment without making any copies or using the same in any other way.
• EMAIL LIABILITY
  Email transmission cannot be guaranteed to be secure or error free for many reasons, for example information can be intercepted, corrupted, lost, destroyed, delayed or be incomplete or contain viruses.
• YOU SHOULD ALWAYS CARRY OUT YOUR OWN VIRUS CHECK BEFORE OPENING ANY ATTACHMENT
  Emails and any files attached to them have been checked with virus detection software before transmission. However, Exclaimer Limited accepts no liability for any loss or damage which may be caused by viruses or other pernicious code or third party action.
• PROVISION OF INFORMATION ABOUT PRODUCTS
  All and any information about the products on this Site is provided by Exclaimer Limited in good faith. The information on this Site is not warranted to be complete or up to date and may be altered without notice at the discretion of Exclaimer Limited.
• OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
  General
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you which are set out in our Licence Terms and ConditionsExclusions and limitations:
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Site; or
    • use of or reliance on any content displayed on our Site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  • This Site is for business uses only and not for private or individual use and we will have no liability (including under tort and for negligence) to any users of our Site who are using it for private or personal use.
• HOW WE MAY USE YOUR PERSONAL INFORMATION
  We will only use your personal information as set out in our https://www.exclaimer.com/company/privacy-policy
• RULES ABOUT LINKING TO OUR SITE
  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.You must not establish a link to our Site in any website that is not owned by you.Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.We reserve the right to withdraw linking permission without notice.If you wish to link to or make any use of content on our Site other than that set out above, please contact help@exclaimer.com
• WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
  These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
• OUR TRADE MARKS ARE REGISTERED
  Exclaimer is the trademark of EXCLAIMER LTD. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under.

Privacy Policy

This is an important notice regarding your privacy and the way in which Exclaimer Ltd (referred to as “we”, “our” or “us” in this policy) collects and makes use of your personal data. We want to be open and transparent with you, and therefore encourage you to contact us if you have any questions about this policy or the ways in which we use your personal data.

This policy applies to our applicants, business contacts and customers generally. We take our privacy responsibilities seriously and are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of applicable privacy legislation, the data controller is Exclaimer Ltd of 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP, United Kingdom. Our company registration number is 04938619.

All data processed by us is securely managed according to the standards of our ISO/IEC 27001:2013 Certification.

Questions regarding this policy should be directed to our Data Protection Officer. The Data Protection Officer is responsible for ensuring compliance with all relevant data protection legislation and with this policy. That post is held by our Chief Technical Officer, who can be contacted at GDPRinfo@exclaimer.com. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.

1. What information do we hold about you?

We may collect, store and use personal data about you (referred to throughout this privacy policy as personal information):

Applicants

• Personal contact details such as your name, title, address, telephone number, date of birth and e-mail address;
• Recruitment information (including personal information such as your passport or visa information, CV or cover letter which is sent to us as part of the application process);
• Information provided to us by our recruitment agencies in relation to your application for employment with us;

Employees of our clients and suppliers

• Contact details such as your name, business address, business telephone number and e-mail address.
• Information you provide or we collect during our interactions with you or your employer.
• If you use a personal card to pay for our services, payment information such as credit/debit card number, expiration date, security code and name as it appears on the card and address the card is registered to.

Individual customers

• Personal contact details such as your name, address, telephone number and e-mail address.
• If you use a personal card to pay for our services, payment information such as credit/debit card number, expiration date, security code and name as it appears on the card and address the card is registered to.

Generally

• If you visit our offices, images and videos are recorded by the CCTV system in operation.
• Information gathered when you visit our offices via our visitor sign-in system, including name, car registration number and who you work for.
• Any personal information you provide to us during your interactions with us.
• Any personal information about you provided to us during our interactions with you or your employer or a third party.
• Where you or someone else provides us with access to an e-mail, any personal data contained in that e-mail. We want to assure you that unless you provide us with access to your e-mail, we cannot see the content.
• Information provided to us by third party service providers we work with, for example, payment service or analytics providers.
• Any personal information you provide to us via our website, for example, by using the “Contact us” page on our website.
• Information gathered by cookies used on our website. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse and also allows us to improve the way our website works. For detailed information on the cookies we use and the purposes for which we use them, please refer to our Cookie Policy.

2. How will we use your personal information and what is the legal ground we rely on for doing so?

We will only use your personal information when the law allows us to. When we use your personal information, we must have a legal ground for doing so. The following are (amongst others) the legal grounds by which we can use your personal information:

• Where you have provided us with your consent for us to do so;
• Where we need to perform the contract we have entered into with you or to take steps to enter into a contract with you;
• Where we need to comply with a legal obligation to which we are subject;
• Where it is in pursuit of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

More specifically, we will use your personal information in the following circumstances:

Applicants

• To evaluate and progress your application for employment with us – to perform the contract with you or to take steps to enter into a contract with you, and in pursuit of our legitimate interests to verify your suitability for our vacancies.
• To keep a record of your application for employment with us – in pursuit of our legitimate interests in the event we wish to offer to place you in another role within our organisation.
• To carry out right to work checks – to comply with a legal obligation to which we are subject.

Employees of our clients and suppliers

• Your contact details – in pursuit of our legitimate interests (to facilitate business between your organisation and ours).
• Your contact details to provide you with further information on our products and services. This may include technical information and/or marketing information – in pursuit of our legitimate interests (keeping you informed about our products, services and business updates).
• Dealing with your enquiry made via our website – in pursuit of our legitimate interests to ensure your enquiry is dealt with promptly and efficiently.
• To manage your customer account – in pursuit of our legitimate interests (to facilitate business between your organisation and ours).
• To provide your organisation with our services – in pursuit of our legitimate interests (to facilitate business between your organisation and ours).

Individual customers

• Your contact details – to perform our contract with you or to take steps to enter into a contract with you or in pursuit of our legitimate interests (to facilitate business between you, your organisation or a third party and us).
• Dealing with your enquiry made via our website – in pursuit of our legitimate interests to ensure your enquiry is dealt with promptly and efficiently.
• Your contact details to provide you with further information on our products and services. This may include technical information – to perform the contract with you or to take steps to enter into a contract with you. This may also include marketing information – where you have provided us with your consent for us to do so.
• To provide you with our services – to perform our contract with you or to take steps to enter into a contract with you or in pursuit of our legitimate interests (to facilitate business between you, your organisation or a third party and us).
• As an Exclaimer prospect, customer or partner (including free trials), you agree to allow Exclaimer to use your data by virtue of agreeing to our Terms & Conditions. This allows Exclaimer to process your data and to contact you in relation to the services we offer and with additional marketing material.

Generally

• To ensure our premises are kept secure – in pursuit of our legitimate interests (site security and evidence).
• Health and safety purposes – to comply with a legal obligation.
• To provide our e-mail signature services to you, your organisation or a third party – to perform our contract with you or to take steps to enter into a contract with you or in pursuit of our legitimate interests (to facilitate business between you, your organisation or a third party and us).
• To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes – in pursuit of our legitimate interests (to better understand how people interact with our website and solve any issues it may have).
• To improve our website to ensure that content is presented in the most effective manner for you and your computer – in pursuit of our legitimate interests (to improve our content and your or other third parties’ experience of our services).
• To improve our services or solve technical issues – in pursuit of our legitimate interests (to improve our content and your or other third parties’ experience of our services).
• To transfer to third party service providers – in pursuit of our legitimate interests (in outsourcing for effectiveness and efficiency).
• To contact you if we wish to use your information for a purpose not set out in this policy – to comply with a legal obligation.

3. What happens if there is a change of purpose?

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

4. Which type of third parties might we share your personal information with?

We require third parties to respect the security of your personal information and to treat it in accordance with the law. For example, where we instruct third party service providers, we carry out due diligence on those providers to ensure they treat your personal information as seriously as we do.

We may share your personal information with the following types of third parties:

• Recruitment partners assisting us with employment related matters, for example, recruitment agencies and job boards.
• Professional advisers such as lawyers, accountants and business analysts.
• Providers which assist us with marketing by, for example, helping us send our marketing mailshots or assisting us with marketing campaigns.
• Providers which assist us in solving your enquiries, for example, by facilitating a live chat with one of our team.
• Providers who assist us in our disaster recovery procedures, for example, back up data centres.
• Provides which help us collate and organise information effectively and securely.
• Providers which help us with delivery solutions.
• Third party software hosting companies which provide us with software solutions such as our customer relationship management system.
• Providers which host our servers in their data centres (these are all within the UK).
• Providers assisting us with payment and fraud prevention solutions.
• Accreditation and certificate boards such as auditors who check our systems for our International Organisation for Standardisation compliance.
• Our overseas subsidiaries or sister companies.

5. Data retention

How long will you use my personal information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.

We assess the appropriate retention period for different information based on the size, volume, nature, and sensitivity of that information, the potential risk of harm to you from unauthorised use or disclosure of that information, the purposes for which we are using that information, applicable legal requirements for holding that information, and whether we can achieve those purpose(s) through other means.

Applicants

• Where you are successful in your application for employment with us, we will provide further information during the course of your employment as to how we use your information.
• Where you are unsuccessful, we will keep your personal information for 6 months.

Employees of our clients and suppliers

• Where we have collected your personal information during the course of your and our organisations doing business, we will keep your personal information for as long as this business continues, or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
• Where you have provided us with your personal information in connection with requesting a report through our website, we will keep this information for 6 years.
• Where you have provided us with your bank account details in connection with paying us for our services to you, we will keep this information for 1 year.
• Where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy.

Individual customers

• Where we have collected your personal information during the course of you and us doing business, we will keep your personal information for as long as this business continues, or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
• If you have consented to receiving marketing information, we will keep your personal information for as long as we still have your consent.
• Where you have provided us with your bank account details in connection with paying us for our services to you, we will keep this information for 1 year.
• Where you have provided us with your personal information in connection with requesting a report through our website, we will keep this information for 6 years.
• Where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy.

Generally

• Any data collected through our visitor sign-in system is stored for 30 days.
• Where we have collected your personal information during the course of you and us doing business, we will keep your personal information for as long as this business continues, or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
• Any videos or images captured by our CCTV system is stored for 30 days only.

6. Where we store your personal information

Electronic versions of your personal information are stored on our servers within the UK.

The server which we use to provide our services to you depends on the location that you or your organisation chooses. For example, if you or your organisation elects for our services to be provided within Europe, then the server used to provide our service to you or your organisation will be based within Europe.

Where we use third party service providers to assist us, your personal information may also be stored in accordance with their practices and procedures. We require third parties to respect your personal information and to treat it in accordance with the law.

Exclaimer Cloud – Signatures for G Suite’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

7. Rights of access, correction, erasure and restriction

Your rights in connection with your personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of your personal information and to check we are lawfully processing it.
• Request correction of your personal information. This enables you to have any incomplete or inaccurate personal information corrected.
• Request the erasure of your personal information. This enables you to ask us to delete or suppress personal information where there is no good reason for us continuing to process it. In some cases, we will need to retain limited information to ensure the data subject’s request is respected in future. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information, for example, if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please send an email to DSAR@exclaimer.com. We will do our utmost to respond to your request without delay or within 30 days maximum as stipulated under the terms of Article 12. We will be obligated to confirm your identity before any Data Subject Access request is completed.

8. No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

9. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to another person who has no right to receive it.

10. Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collecting, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection officer in writing using the contact details set out at the beginning of this privacy policy.

Where we are providing you with marketing information, you can also change your marketing preferences by using the unsubscribe button at the bottom of our marketing e-mails to you.

Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.

11. What happens if you fail to provide personal information?

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with our products or services), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of visitors to our offices).

12. Right to complain

You have a right to make a complaint if you wish to do so. The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail (casework@ico.org.uk).

13. Changes to this privacy policy

We may change, modify, add or remove portions of this privacy policy at any time, and any changes will become effective immediately.

Any changes we make to our privacy policy will be posted on this page and, where appropriate, notified to you.