Terms of Use last amended at 24th April 2019

Terms of Use of our websites http:// www.spire.today and http://demo.oba.today These are the terms and conditions of use for the websites at http://www.spire.today and http://demo.oba.today collectively referred to as ‘our websites’ in this document). Please read them carefully because they form a legal agreement between you and us in relation to access and use of our website.

1. Who we are

We are Online Business Applications Limited, a limited company registered in England and Wales under company registration number 08504449 with our registered office address at Unit 20, The IO Centre, 59-72 River Road, Barking Essex IG11 0DR. We have other trading addresses. If you would like details of our trading addresses, please contact us. Please see our Contact Us section for more information.

2. What these terms are about

These terms apply to your use of our websites. By accessing our websites you agree to these terms. If you do not agree to them you should not access our websites. The most current version of these terms is dated above but we may change them from time to time without giving you notice, so please try to read these terms every time you visit our websites. By accessing our websites after changes are made to these terms you agree to the revised terms.

3. Using our websites

We are a UK based company. If you are visiting our websites with a view to using it for a demonstration site to assess the suitability of the @spire for Line 50 product for use in your business, please refer to the terms and conditions below which detail the limitations of liability arising from such use. You should be aware that if you are accessing our websites form outside the United Kingdom, @spire for Line 50 is a software product designed for use in the United Kingdom. We are pleased to provide our website to you for use but you must use our websites in an acceptable way. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of our websites. In general, we will not tolerate any use of our websites which damages or is likely to damage our reputation, the availability or integrity of our websites or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. We want to make our websites a safe and rewarding experience, so we have set out more detail on acceptable and unacceptable use below. As you might expect, you may only use our website for lawful purposes. For example, you must not use our website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or
• to transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:

• reproduce, duplicate, copy or re-sell any part of our website; or
• access without authority, interfere with, damage or disrupt our website, or any related equipment, network or software.

Interactive services

We may from time to time provide interactive services on our website. If we do provide any interactive service, we will provide clear information to you about the kind of service offered. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website. If we do decide to monitor or moderate an interactive service, we will normally provide you with a means of contacting the moderator, should you need to do so. Our interactive services are not intended for use by children. Parents and guardians should not permit their children to use our interactive services, as these are only intended for use by businesses. If you use our interactive services, you will also need to understand and comply with our content standards.

Content standards

If you contribute material to our website, you agree that any material you contribute will:

• comply with all applicable laws and regulations;
• be factually accurate and/or will represent your genuinely held belief or opinion;
• not be defamatory, offensive, hateful or inflammatory; and
• not infringe confidentiality, or any copyright or intellectual property rights of another person.

You also agree that we can use any content you contribute to our website whenever and wherever we think appropriate.

Our suspension and termination rights

The terms set out in this section 3 are intended to protect us, our websites and its users, so a failure to comply with this section constitutes a serious breach of these terms. If we believe you have breached this section 3, we may do any or all of the following (as well as any other action we feel is appropriate):

• issue a warning to you and ask you to take certain steps to rectify your behaviour.
• suspend your right to access our website, either temporarily or permanently.
• take legal action against you, including to recover any loss we have suffered due to your actions.
• disclose information to law enforcement authorities.

4. Other things you need to know about our websites

We take steps to ensure that all information we provide on our websites about our products and services is correct and complete at the time of the last update to the relevant page but we do not promise that it will be correct and complete. We aim to update our websites regularly, and may change the content at any time. If the need arises, we may suspend access to our websites, or close it indefinitely. Use of our websites is free and we take steps to ensure it is available to all permitted users. From time to time we may restrict access to some or all parts of our websites. We will try to ensure that our websites is always available to you but we have to be realistic and so we do not promise that our websites will be continuously available. We also do not promise that your use of our websites will be uninterrupted or error-free, or that our websites and server will be free from attack (e.g. from viruses). We recommend that you use your own appropriate virus checking software.

5. Links to/from our website and conditions of grant of a dedicated login

As the website http://demo.oba.today is designed to allow you to test the suitability of the @spire for Line 50 product for use in your business, you are allowed to establish links to our website and may use that website to process test transactions for the process of evaluationof the @spire for Line 50 product. Use of the websites for that purpose is however not exclusive as other users may also wish to log in to the websites for the same purpose. All data entered into the websites will purged every 24 hours, at midnight in order to keep it available for continued use for all users. If after the initial demonstration you wish for an individual copy of the @spire for Line 50 product, please use the contact sheet to request your individual copy and dedicated login. You may also set up a link to our websites but if you do they may only be made to the home page of our websites and you are not allowed (and you shall not assist others) to set up links from your own website to our websites by deep-linking, framing or otherwise, without our prior written consent. We may withhold our consent if we wish. If we do so, we will try to explain our reasons to you. Our websites may at some future time include links that allow you to leave our website and visit third party websites. We have no control over those websites, so we are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those websites or for the treatment of any personal information you provide to the third party.

6. Intellectual property rights

Subject to any third party rights which are acknowledged below, the design and content of our website, and the material published on it, is protected by copyright and is owned by us. All rights are reserved. We retain the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of our website by any means and in any form, in whole or in part, and to make our website available to the public, and to distribute any copyright protected material in our website (including without limit, any online software or courses). You agree not to copy, adapt, alter or create any derivative work from any material on our website, or to restrict or inhibit the use or enjoyment of our website by anyone else. We have applied for registration of the trademark ‘@spire’. You may not use that mark, and/or any third party trademarks that appear on our websites, other than as permitted by express written licence from the appropriate owner or by law. In particular, but without limit, you may not use the marks as meta-tags and you may not sponsor them in search engines. All goodwill in your legitimate use of the mark shall accrue to Online Business Applications Limited. Please notify us immediately if you become aware of any infringement of the marks. Subject to any third party rights which are acknowledged below, we own all other intellectual property rights in our websites We may grant you express permissions relating to use of material on our websites from time to time but except where we do so, nothing in these terms or on our websites confers any licence or right to use any material on our websites without the prior written approval of us. Other than the trademark ‘@spire’ or derivations thereof, we acknowledge the rights of the legal owners of all other trademarks referred to in our websites

7. What happens if things don’t go as planned?

We will always try to ensure our websites and the material on it meets the standards we have promised and that you can use our websites as intended in relation to your business. However, because by the nature of our websites, being intended for use as a demonstration of suitability of the @spire for Line 50 product things may go wrong. If we are at fault, we will always try to resolve any problems we have caused, but unfortunately we will not compensate you for any loss or damage you might suffer (of any nature and however caused) in connection with:

• our websites; or
• your use, inability to use, or results of the use of our websites, any websites linked to it and any materials posted on it; or
• the use of (or any inability to use) any interactive service on our websites, whether the service is moderated or not.

This does not affect our liability for death or personal injury arising from our negligence or our liability for fraud (including fraudulent misrepresentation) in the unlikely event that this should happen, or any other liability which we are not allowed to limit or exclude by law.

8. Cookies

We use cookies on our website (which are small text files which allows our website to “remember” who you are). Further information about cookies, how we use them to store and access information about you and how you can choose to reject cookies can be found in our Privacy Policy.

9. Your personal information

Our website includes areas where you are requested to provide information about yourself. Any personal data you provide to us through our website shall be subject to the terms of our Privacy Policy which also forms part of these terms.

10. General

If a court or other competent authority rules that any of these terms are void or unenforceable in whole or part, the other terms and the remainder of the void or unenforceable term will still be valid. Nothing in these terms excludes or limits our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation. If you are a consumer, your statutory legal rights are not affected by these terms. If we fail to exercise or delay in exercising a right or remedy provided by these terms or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future. These terms and the use of our website and its content shall be governed by and construed in all respects in accordance with English law. We and you agree that the English courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.

11. Need to get in touch?

If you would like to contact us about our website or any of the material on it, please email us at peter@oba.today Thank you for visiting our websites.

This is the privacy notice of Online Business Applications Limited. In this document, “we”, “our”, or “us” refer to Online Business Applications Limited.

We are company number 08504449 registered in England and Wales.

Our registered office is at Unit 20, the IO Centre, 69, River Road, Barking, Essex, IG11 0DR.

2. Introduction

2.1.This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

2.2.We take seriously the protection of your privacy and confidentiality. We understand that all individuals dealing with us are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.

2.3. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

3. Our privacy policy has been compiled so as to comply with the law of England and Wales, including that required by the EU General Data Protection Regulation

3.1.The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org

3.2.We do not share, or sell, or disclose to a third party, any information that we hold on you, except as explained under Clause 5.

4. The bases on which we process information about you

4.1.The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. The appropriate base will be determined by the nature of the information we hold on you.

4.2. There are two principal bases which are appropriate in this Notice:-

4.2.1. Where we process personal data because we have a contractual relationship with you, or alternatively

4.2.2. Where we have a legitimate personal commercial interest in doing so, having given careful consideration to whether another permitted base may be more appropriate and the utilisation of this base does not in any way derogate from your legal right to privacy over such personal data

4.3.If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

4.4. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

5. Information we process because there is a contractual obligation between us

5.1. Definition of the contractual relationship between you and us.

5.1.1. If you have requested a free trial of the @spire software application by accessing our website at http://spire.today and pursuant to that request have created a dedicated server on which you can host the @spire application, even if you have not subsequently downloaded the SpireAPI utility, you have entered into a contractual relationship with us. Accordingly having recorded certain personal data on our Customer Management panel – ‘known as Cpanel’ – under the terms of this Privacy Notice you are entitled to have privacy over that data under this legal basis.

5.2. Sharing of your personal data from the above process

5.2.1. Information that you personally provide to us:

5.2.1.1. Account Registration

5.2.1.1.1. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

5.2.1.2. Payment Information

5.2.1.2.1. When you add your financial account information to your Account, that information is directed to our third-party payment processor. Currently we use the Stripe payment processor service. You can access their Global Privacy Policy – Worldwide at https://stripe.com/us/privacy in order to understand how your privacy rights are protected by them. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.

5.2.1.3. Communications.

5.2.1.3.1. If you contact us directly, we may receive information about you such as your name, email address, phone number, and the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

5.2.1.3.2. As the personal data we receive from you is stored on third party servers, we have ensured that the providers of those hosting services have also complied with the requirements of the Regulation. Currently we use the Digital Ocean hosting service. You can access their Privacy Policy at https://www.digitalocean.com/legalprivacy to understand how your privacy rights are protected by them. The following points are relevant for your protection:

5.2.1.4. Retention of Data

5.2.1.4.1. In the event that you choose to bring your contractual relationship with us to an end, we shall retain your data for a period of 12 months from the date of notification so that the data can be restored to our system should you wish to re-commence using our system.

5.2.2. Personal data that is collected from your use of the @spire system

5.2.2.1. This can be done in a number of ways as follows:-

5.2.2.1.1. Cookies and other data collection technologies

5.2.2.1.1.1. We gather certain information automatically and store it in log files, both in the CPanel where your information is stored, and in your @spire instance. In addition, when you use the @spire system, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL.

5.2.2.1.1.2. To collect this information, a cookie may be set on your computer or device when you visit our system. Cookies contain a small amount of information that allows the dedicated server on which your application is hosted to recognize you.

5.2.2.1.1.3. We also automatically collect information about your use of features of our system, about its functionality, your frequency of visits, and other information related to your interactions with the system.

5.2.2.2. Internal utilisation of the @spire system

5.2.2.2.1. When you use the @spire system, we also use cookies to collect information about your engagement with and utilisation of our system using the Matomo (formerly “Piwik”) software utility which is incorporated in the @spire system. Data such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics is used to monitor the utilisation of the system, maintain and improve its performance and utilisation, develop new features, protect the security and safety of our system and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.

5.2.3. Information we may receive from Third Parties.

5.2.3.1. Third party links to other systems

5.2.3.1.1. If you choose to link our system to a third-party service – which may become available in the future – we may receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third- party accounts to learn about your options.

5.2.3.2. Third-Party Partners.

5.2.3.2.1. We may also receive publicly available information about you from future third-party partners and combine it with data that we have about you.

5.3. We use the information we collect in various ways, including to:

5.3.1. Provide, operate, and maintain our system,

5.3.2. Improve, personalize, and expand our system,

5.3.3. Understand and analyse how you use our system,

5.3.4. Develop new products, services, features, and functionality,

5.3.5. Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the system, and for marketing and promotional purposes,

5.3.6. Process your transactions,

5.3.7. Send you text messages and push notifications,

5.3.8. Find and prevent fraud and

5.3.9. For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

6. Information we process with your consent

6.1. At present we do not hold any of your ‘personal data’ under this defined base.

7. Information we process for the purposes of legitimate commercial interest

7.1. Where you have not entered into a contractual relationship with us, then the GDPR regulation requires us to identify an alternative basis which defines the legal basis under which we hold personal data on you.

7.2. Unlike those individuals who have entered into a contractual relationship with us, you do not have a personal login to our systems and so we are unable to verify that you have consented personally to the retention of your personal data by us. Accordingly, the basis on which we consider it the appropriate legal basis under which we hold your personal data is that there is a legitimate commercial interest in in our doing so.

7.3. The scope of your personal data we hold is as follows:-

7.3.1. Your designation

7.3.2. Your given name

7.3.3. Your family name

7.3.4. Your position within your organisation

7.3.5. Your office telephone number

7.3.6. Your mobile telephone number

7.3.7. Your contact email address within your organisation

7.3.8. Any other email addresses we hold for you that you that has been provided either by you or a third party.

7.3.9. All of the above data falls within the definition of ‘personal data’ over which you are entitled to privacy.

7.3.10. We may hold all or any of the above data under this defined base.

7.4. Where we process your information on this basis, we do so after having given careful consideration to:

7.4.1. the processing is not required by law but is of a clear benefit to you or others,

7.4.2. there’s a limited impact on your privacy,

7.4.3. you should reasonably expect us to use your data in that way and

7.4.4. we do not wish to bother you with disruptive consent requests when you are unlikely to object to the use of your data given the commercial purposes for which your personal data is held.

7.4.5. We may process your data on this basis for the purposes of:

7.4.5.1. advising and reporting new products and their process available from us,

7.4.5.2. responding to any communication from you relating to any subject matter that relates to the technical operation of the @spire software application to which we believe you would expect a response

7.4.5.3. protecting and asserting the legal rights of any party

7.4.5.4. protecting your interests where we believe we have a duty to do so

7.4.5.5. facilitating the commercial liaison between your employer and us more efficient and effective

7.4.6. Sharing of your personal data

7.4.6.1. We do not share your personal data with any third party outside our organisation.

7.4.6.2. Your personal data may be shared with other individuals within our organisation purely for the purpose of achieving the purposes set out above in 7.4

8. Information we process because we have a legal obligation

8.1. We are subject to the law. Accordingly we must process your information in order to comply with our statutory obligations. Accordingly, we must provide your personal data, limited to the definition contained in clause 7.4 above where we receive a request from an appropriate competent authority.

9. Information provided on the understanding that it will be shared with a third party

9.1. We do not share your personal data with any third party, apart from where required under clause 7.4.6 and 8 above.

10.Ancillary Provisions relevant to both bases

10.1. Control over your personal data

10.1.1. You are legally entitled to view, add to, reduce and delete any of the personal data we hold. If you wish to contact us in order to do any of the above please contact our Data Controller at gdpr@spire.today

11.Complaining

11.1. When we receive a complaint, we record the information you have given to us.

11.2. We use that information to resolve your complaint.

11.3. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

11.4. We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

12.Information we obtain from third parties

12.1. Although we do not disclose your personal information to any third party (except as set out in this notice) if we receive any data that may unintentionally and indirectly include your personal information from third parties whose services we use, we shall treat it as information that we hold in respect of our personal data in the same way as all your personal data in accordance with this Privacy Notice.

13.Access to your personal information

13.1. At any time you may review personally identifiable information that we hold about you by contacting us at gdpr@spire.today.

13.2. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you

14.Removal of your information

14.1. If you wish us to remove personally identifiable information from our website, you may contact us at gdpr@spire.today

14.2. This may limit the service we can provide to you.

15.Verification of your information

15.1. When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

16.How you can complain

16.1. If you are not happy with our Privacy Policy please contact our Data Controller at gdpr@spire.today, specifying your concerns and setting out how you wish us to respond to your concerns.

16.2. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/

17.Retention period for personal data

17.1. Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

17.1.1. to provide you with the services you have requested;

17.1.2. to comply with other law, including for the period demanded by our tax authorities;

17.1.3. to support a claim or defence in court.

18.Compliance with the law

18.1. Our privacy policy has been compiled so as to comply with the law of England and Wales.

19.Review of this privacy policy

19.1. We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

19.2. If you have any question regarding our privacy policy, please our Data Controller at gdpr@spire.today

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