1. About These Terms Of Service
Last Updated: November 26, 2020
Customuse Ltd (“Customuse,” “Company,” “us,” or “we”), is a company incorporated and registered in England and Wales with company number 13102363. Our registered office is at 130 Old Street, London, England, EC1V 9BD provides www.customuse.com and the other websites under the customuse.com domain (collectively, the “Sites”), and our SaaS product, 3D design software, tools, and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
If you have questions regarding this Agreement or about Customuse, please contact us by email at firstname.lastname@example.org.
2. Acknowledgement and acceptance of terms
Our Service may integrate with other services on a number of platforms provided by third parties, including Ecommerce Payment Processors (as defined below). Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time; your use of such Service is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Customuse Site or the Service itself. Customuse shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
The Service is available only for individuals aged 13 years, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, or older and possess the legal authority, right and freedom to enter into the Customuse Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Customuse Terms. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a company or other legal entity.
4. Account information
Your responsibility for your account. You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
5. What we own
Except for User Content (defined below), all materials on the Service including the mini-applications that integrate other applications and services (“Recipes”) and the Service itself and all Intellectual Property Rights contained therein or related thereto, including 3D Models, text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
Other than as provided herein, Customuse does not grant to user any license, express or implied, to the intellectual property of Customuse or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Subject to the terms and conditions of this Agreement, Customuse provides you with a non-exclusive, revocable license to use the Service, including the Recipes, as expressly permitted by the features and functionality of the Service and the Terms of Service. Customusee may terminate this license at any time for any reason or no reason.
6. User Content
We may now or in the future allow you to post or publish content on or upload content to the Service, including but not limited to website templates created and contributed by you, blog or forum posts, images, and photos. Any content a user submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content. We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your User Content regularly and frequently.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Customuse under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Customuse does not waive any rights to use similar or related Feedback previously known to Customuse, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You own all of the User Content you post or publish (“post”) on the Service. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you and other users (“User Content License”). You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
(a) You agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights, or rights of privacy. If you think any User Content infringes your rights, or if you want to challenge User Content that has been taken down from the site, please refer to Customuse’s Copyright Policy in Section 13 below. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement.
(b) You agree not to post User Content that:
may create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
may constitute or contribute to a crime or tort
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable
contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party
includes any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets)
contains any information or content that you know is not correct and current, or
is adult in nature, such as any nudity in a sexual context, exposed genitalia, or any content with adult themes.
Use of the Service
(a)Your use of the Service is subject to all applicable laws and regulations.
(b)You may not:
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service
attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password “mining”, or any other illegitimate means
probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service
reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor
transmit spam, chain letters, or other unsolicited email
take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
upload invalid data, viruses, worms, or other software agents through the Service
impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity
disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information)
use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person’s use of the Service
conduct, engage in or otherwise process End User information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes
use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or
store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and credit card information
Any unauthorized use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Use of software
Any software that is accessed via the Service shall be governed by the terms of the license agreement that accompanies the software or is posted with the software on the Sites where the software can be accessed; however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive license to use the software for your personal, noncommercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the software.
You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. You do not have the right to sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms of Service, we reserve the right to terminate your license to the Service without notice.
The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.
8. Third-party content
We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of Customuse. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, Customuse is not undertaking any obligation or liability relating to the content. Customuse and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Customuse reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.
Customuse takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Customuse assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Customuse shall not be liable for any damages you allege to incur as a result of User Content. Customuse reserves the right, but has no obligation, to monitor disputes between you and other users.
We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third-party website.
9. Billing and payment
Users of the Service may be required to provide their credit card details to Company or the payment service provider retained by Company (the “PSP”). Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes (“Taxes”) required to be paid on the Service provided under the Agreement (other than Taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
For annual payment plans, the Service is billed up front for a one (1)-year period and is non-refundable. Your annual plan will automatically renew for successive one (1)-year periods, and you will be charged the applicable fees on each annual anniversary of your purchase, unless you cancel prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.
Certain credits may apply when you purchase an upgrade to the Service or switch from a monthly plan to an annual payment plan.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Customuse in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees. All fees are exclusive of all Taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such Taxes, levies, or duties, excluding only United States (federal or state) Taxes.
11. Disclaimer of Warranties and Limitation of Liability
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMUSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY CUSTOMUSE ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CUSTOMUSE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CUSTOMUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Changes to the Service, Termination, and Indemnity
Customuse is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your User Content; (b) use of the Service (including Your Ecommerce Activities); (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; (e) any claims from tax authorities in any country in relation to Your Ecommerce Activities operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Customuse may be held jointly and severally liable; and (f) violation of these Terms of Service, or violation of any rights of another.
13. Copyright policy
Customuse reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. Customuse may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if Customuse determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Customuse’s attention, you must provide Customuse with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
(b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work;
(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
(d) your name and contact information, including, without limitation, telephone number and email address; and
(e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for notice of claims of copyright infringement is email@example.com.
14. Amendments, Notification Procedures, and Changes to the Agreement
We reserve the right, in our sole discretion, to modify, update, or change the Terms of Service (“Updated Terms”) from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. Customuse is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. Customuse may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Customuse in our sole discretion. Customuse reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contacting us at firstname.lastname@example.org. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
Interpretation: In this Agreement:
(a) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
(b) Section headings such as (“GENERAL” at the start of this section) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
(c) No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
(d) No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law. (e) Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.
(f) Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
(g) No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
(h) Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
(i) Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
(j) Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of England.
As you access this Site, Customuse Ltd (“we”, “us” or “Customuse”) recognises your desire to safeguard your personal information and we are committed to protecting your personal information that you share with us
What information we gather
How we collect your information
How we protect your information
How we will use the information collected
When we might share your information
Storage of your information
Your rights in relation to your information
Third party websites
Opting “In” or “Out
1. What information do we gather?
We collect two types of information at various points in your user or customer journey:
1.1 “personally identifiable information” or “personal information”, meaning it can be used to specifically identify you; and
1.2 “non-personally identifiable information” or “non-personal information”, meaning it relates to you but can’t be used to specifically identify you: information about the device you may be using or what kind of browser you are using.
2. How we collect your information
2.1 Personal information
We may collect personal identification information from you in a variety of ways, including, but not limited to when you register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on or through our site. Users may be asked for a number of contact details, including but not limited to and as appropriate: name, address and email address. We may collect this information and store this for future use using “cookies” (see our Cookies Policy below). Users may however visit this website anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to provide personal identification information but this may mean that they are prevented from participating in Site and event related activities.
2.2 Non-personal identification information
We may collect non-personal identification information about users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about users means of connection to our Site, such as the operating system and the internet service providers utilised and other similar information.
2.3 Cookies and tracking technologies
3. How we protect your information
3.1 Security for all personal information is extremely important to us. To prevent unauthorised access, maintain data accuracy and ensure the correct usage of information, we monitor and adjust our physical, electronic and managerial procedures to safeguard and secure the information we collect online.
3.2 Unfortunately, we cannot guarantee that data transmitted over the Internet will always be secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us through our Site and you do so at your own risk.
3.3 We encourage you to review the privacy statements of other websites you choose to link to from our Site so that you understand how those sites collect, use and share your information. Customuse is not responsible for the privacy statements or other content of websites you may link to from this Site.
4. How we may use information collected
Customuse may collect and use users’ personal information for the following purposes:
4.1 To support functionality of the website
The information you provide us will allow us to register your account and maintain any preferences you have with us, as well as let you see any individual orders for our products or services that you have taken out.
4.2 To improve and personalise user experience
The information provided allows us to understand customer needs more efficiently and support improvement of Customuse. Information may also be used to understand how users use the services and resources provided on our site and will be used to improve our products and services.
4.3 To process payments and for other service providers
Information provided in the process of placing an order will be used to aid the service for that order. Information is not shared to outside parties except to the extent in which the service needs to be provided.
4.4 To send newsletters, SMS and email communication
If a user agrees to receive communication and emails through our newsletters and mailing lists emails will include updates on company and partner news, updates, related product or service information, etc. If a user has provided consent to us to share their details with our sponsors and third party organisers, we may do so to fulfil their wishes. In each case, the user is able to unsubscribe from the mailing list by following the steps set out below.
4.5 Other Marketing Activities
5. When we might share your information
While we will never sell your personal information to any other third party without your explicit consent, we do sometimes need to work with a number of third parties to create the best, seamless and most dynamic service we can. We are very careful about who we share your information with, but we would like to give you more detail about the limited circumstances where we may share your personal information with external parties and why.
5.1 Sharing information with our Service Providers
5.2 Sharing your information with our social media partners and third-party marketing partners
We may provide aggregated non-personally identifiable information, usually obtained through cookies, to third parties (such as marketers, ad server companies and advertisers) that make use of general customer data.
5.3 Sharing information with other third parties
We may provide information to others (such as governmental or law enforcement agencies) in the good faith belief that such action is necessary to: (ii) comply with any legal claims raised against us; (iii) protect the rights, property or safety of Customuse; or (iv) protect the rights, property or safety of the public.
We may also provide your information to third parties such as our sponsors or other event organisers where users have expressly consented to this. Please note, we will not share your information with third parties under this paragraph where you have not given us your consent. If you have given us your consent and would like to withdraw this consent, please contact us on our details below. You may also use the unsubscribe button contained in our emails.
6. Storage of your information
6.1 We will usually store the information we collect from you within the European Economic Area (“EEA”). We will only store personal information we collect from you outside of the EEA if we have first obtained your consent.
6.2 We will retain your information for the shortest time possible, taking into account our purposes for collecting it, as well as any legal obligations to keep the data for a fixed period of time. Your information will be deleted after five years.
By way of an exception, your personal data may be kept for a longer period for archiving purposes in the public interest or for reasons of scientific or historical research, provided that appropriate technical and organisational measures are put in place (anonymisation, encryption, etc.).
6.3 We will not retain your personal data for any longer than reasonably necessary. What this means is that if you only provide your personal data to us in connection with a promotion or competition that you have entered through our Site, we will securely delete your personal data once such a promotion or competition has come to an end. If you provide us with your email address so that you can receive our newsletters, we will continue to store your email address until you notify us that you no longer wish to receive our newsletters. Notwithstanding the foregoing, you have the right at any time to notify us that you want the personal data we hold on you to be deleted.
7. Your rights in relation to your information
You have the following rights in relation to your personal information:
7.1 you have the right to request us to divulge what personal information concerning you we hold, and how we are using it (Subject Access Request);
7.2 you have the right to object to us processing your personal information if there are sufficient grounds relating to your particular situation (Right to Restrict/Object to Processing);
7.3 you have the right to require us to correct any errors in your personal information held or processed by us or on our behalf (Right of Rectification);
7.4 you have the right to ask us to delete your personal information where that information is no longer needed for the original purpose for which it was obtained/given. you also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with the GDPR. Note that we may demonstrate compelling legitimate grounds to process your information which override your right to erasure (Right to be Forgotten);
7.5 where we are processing your personal information only by way of your consent (for example, if you have provided explicit consent to have your personal information shared with a social media network), you have the right to withdraw this consent at any time;
7.6 where we are unable to delete the information, either because a legitimate legal basis remains or because you want us to keep some or all of your personal information for whatever reason, you have the right to have the purpose for which that information is held or processed restricted;
7.7 you have the right to make a data portability request, allowing you to obtain and reuse your personal data for your own purposes across different services;
7.8 you have the right, subject to narrow exceptions, to not be subject to automated decision making.
You also have the right to prohibit us from using your personal information for direct marketing purposes and we will only send you marketing information where you have expressly consented thereto. You will always have the option of removing your information from our e-mail mailing list(s) so that you will not receive further e-mail promotional communications from us.
In order to ensure immediate removal from any list, it is best to follow the specific instructions outlined within the communications you receive from us (for example, an unsubscribe button) since we operate numerous sites and e-mail lists. If you are unable to complete the process indicated in such communications, please send us an email at: email@example.com.
8. Third Party Sites
8.2 Sites linked to our Site are checked at the time of linking for possible legal violations. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, links will be removed immediately.
Privacy Statement for the use of Facebook plugins (like button)
8.3 Our website contains plugins designed by the social network Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA). You can easily identify the Facebook plugins thanks to the Facebook logo or the “Like Button” (“Like”) on our website. You can read more about Facebook plugins here: http://developers.facebook.com/docs/plugins/.
8.4 When you visit our pages, a direct connection is established between your browser and the Facebook server. In the process, Facebook receives the information that you have visited our website with your IP address. When you click on the Facebook “Like Button” while you are still logged in you Facebook account, you can link the contents of our pages to your Facebook profile. This makes it possible for Facebook to allocate our pages to your user account. We would like to emphasise that, as the provider of the web pages, we have no knowledge of the data and how they are used by Facebook. For more information, please see the data privacy statement at http://de-de.facebook.com/policy.php.
8.5 If you do not wish that Facebook can assign to visit our pages to your Facebook user account, please log out of your Facebook user account.
Privacy Statement for the Use of Google Analytics
8.6 This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses. “Cookies”, text files that are stored on your computer and enable analysis of your use of the website. The information generated by the cookie about your use of this website are usually transferred to a Google server in the USA and stored there. If the IP anonymisation option is activated on this website, your IP address is abbreviated by Google within Member States of the European Union or in other countries which are contracting parties to the Agreement of the European Economic Area (EEA).
8.7 Only in exceptional cases will the full IP address to a server transmitted by Google in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compiling reports on website activity and providing others with website and internet related services to the website operator. It is undertaken as part of Google Analytics that your IP address will not be merged with other data held by Google.
Privacy Statement for the Use of Twitter
8.9 Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter (Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA). Through the use of Twitter and the “Re-Tweet” the web pages you visit are linked to your Twitter account and made known to other users. This data is also transmitted to Twitter.
8.10 We point out that, as providers of the sites, we have no knowledge of the content of the transmitted data and use them through Twitter.
8.11 For more information, please see the privacy statement of Twitter at http://twitter.com/privacy.
8.12 You can modify your data protection settings on Twitter in the account settings at http://twitter.com/account/settings.
8.13 By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Continued use of the Site following any changes made to the policy is deemed to represent acceptance of these changes.
Privacy Statement for the use of Google’s reCAPTCHA
9. Opting “In” and “Out”
9.1 You can ask us or third parties to stop sending you marketing messages at any time.
9.2 Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us in order to receive service from us.
Data Breach Policy
1.1 Customuse holds Personal Data about our users, volunteers, clients, suppliers and other individuals for a variety of business purposes. We understand that this data is a valuable asset that requires protection, and we are fully committed to providing that protection from both accidental and deliberate data protection breaches.
1.2 The compromise of this data may result in harm to individuals, reputational damage, detrimental effect on service provision, legislative non-compliance, and/or financial costs.
2. Purpose of Policy
2.1 Following the coming into force of the General Data Protection Regulation (GDPR) on 18.05.2018, we are required to have in place a framework designed to ensure the security of all personal data during its lifecycle, including clear lines of responsibility. This includes notification to the Information Commissioner’s Office (ICO) and sometimes to affected data subjects.
2.2 The purpose of this policy is to outline Customuse’s internal breach reporting procedure and our internal and external response plan. It should be read in conjunction with our data protection policy.
2.3 This policy must be read and understood by all staff.
3.1 For the purpose of this policy, data security breaches include both confirmed and suspected incidents.
3.2 A data breach is an event or action which may compromise the confidentiality, integrity or availability of systems or data, either accidentally or deliberately, and cause damage to Customuse’s information assets and/or reputation.
3.2.1 This includes accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
3.3 Data breaches may be caused by human error:
3.3.1 Loss of computing devices (portable or otherwise), data storage devices (e.g. USB sticks), or paper records containing personal data;
3.3.2 Disclosing data to a wrong recipient;
3.3.3 Handling data in an unauthorised way (e.g. downloading a local copy of personal data);
3.3.4 Unauthorised access or disclosure of personal data by volunteers (e.g. sharing an email login);
3.3.5 Improper disposal of personal data (e.g. hard disk, storage media, or paper documents containing personal data sold or discarded before data is properly deleted).
3.4 Data breaches may be caused by malicious third parties:
3.4.1 Hacking incidents through which access is gained to Customuse databases containing personal data;
3.4.2 Theft of computing devices (portable or otherwise), data storage devices, or paper records containing personal data;
3.4.3 Blagging scams that deceive Customuse volunteers into releasing personal data of individuals;
3.4.4 Website defacement.
3.5 Data breaches may be caused by computer system errors:
3.5.1 Errors or bugs in Customuse’s website or email;
3.5.2 Failure of cloud services, cloud computing, or cloud storage (e.g. Google Drive/Dropbox), or security/authentication systems
3.6 Data breaches may be caused by unforeseeable events outside of Customuse’s control:
3.6.1 Natural disasters such as floods, earthquakes, fires;
3.6.2 War or other armed conflict.
4. Breach Register
4.1 Customuse will maintain a register of all suspected or confirmed breaches, regardless of whether they are reported to the ICO.
4.2 The register will contain the following information:
4.2.1. The facts relating to the breach, including the cause of the breach, what happened and what personal data were affected;
4.2.2 The effects of the breach;
4.2.3 The response taken by Customuse.
5. Reporting a Breach
5.1 All volunteers must report actual or potential data protection compliance failures to Director and Data Protection Officer (Artur Safaryan),
5.2 Volunteers ought to retain any evidence in relation to the breach and provide an Incident Report Form setting out any relevant information relating to the actual or suspected personal data breach, including:
5.2.1 Name, team and contact details;
5.2.2 Date of the confirmed or suspected breach;
5.2.3 Date of discovery of the confirmed or suspected breach;
5.2.4 Date of Incident Report Form;
5.2.5 Factual summary relating to the confirmed or suspected breach, including the types and amount of personal data involved;
5.2.6 Any information or evidence as to the cause of the confirmed or suspected breach;
5.2.7 Any steps taken to remedy the breach, and whether or not the breach is resolved or ongoing;
5.2.8 Any information or evidence as to who was affected by the breach.
5.3 All volunteers reporting data breaches should keep the incident internal. Customuse will investigate and assess the confirmed or suspected personal data breach in accordance with the response plan set out below and determine who should be notified and how.
6. Response Plan
6.1 The DPO will assemble a team to investigate, manage and respond to the personal data breach. The response team will:
6.1.1 Make an urgent preliminary assessment of the breach – is the breach resolved or ongoing; what data has been lost and how;
6.1.2 Take immediate steps to contain the breach and recover any lost data:
22.214.171.124 Shut down the compromised system that led to the data breach;
126.96.36.199 Take steps to recover lost data and limit any damage caused (e.g. remotely formatting a lost phone);
188.8.131.52 Prevent further unauthorised access to the system;
184.108.40.206 Reset passwords if accounts and/or passwords have been compromised;
220.127.116.11 Isolate the causes of the data breach in the system, and where applicable, change the access rights to the compromised system and remove external connections to the system.
6.1.3 Undertake a full and detailed assessment of the breach;
18.104.22.168 How many people were affected?
22.214.171.124 Whose personal data had been breached?
126.96.36.199 What types of personal data were involved?
188.8.131.52 What are the consequences of the breach for the data subjects?
184.108.40.206 Are any additional measures in place or required to minimise the impact of a data breach (e.g. data encryption)?
6.1.4 Record the breach in Customuse’s data breach register;
6.1.5 Put in place any further measures to address it and mitigate its possible adverse effects, and to prevent future breaches.
7. Notification to the ICO
7.1 Article 33(1) GDPR requires notification of the breach to the ICO within 72 hours of having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
7.2 Customuse fully endeavours to meet the 72-hour deadline, and where impossible, will provide adequate reasons for delay.
7.3 A decision to report will be made on a case-by-case basis, involving the following non-exhaustive list of considerations:
7.3.1 Whether the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms under Article 33 GDPR, such as:
220.127.116.11 Loss of control over their data;
18.104.22.168 Limitation of their rights;
22.214.171.124 Identity theft;
126.96.36.199 Reputational damage;
188.8.131.52 Financial loss;
184.108.40.206 Loss of confidentiality;
220.127.116.11 Any other significant economic or social disadvantage.
7.3.2 Whether notification would assist the data subjects affected (e.g. could they act on the information to mitigate risks?);
7.3.3 Whether notification would help prevent the unauthorised or unlawful use of personal data;
7.3.4 Whether there are any legal/contractual notification requirements.
7.4 Where a breach is reportable, Customuse’s report will include:
7.4.1. The nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
7.4.2 The name and contact details of Customuse’s Director and DPO in case more information needs to be obtained;
7.4.3 The likely consequences of the personal data breach;
7.4.4 The measures taken or proposed to be taken by Customuse to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
8. Notification to Affected Data Subjects
8.1 When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, Customuse shall communicate the personal data breach to the data subject(s) without undue delay in clear and plain language.
8.2 The communication will include:
8.2.1 A description of the nature of the breach;
8.2.2 The name and contact details of Customuse’s DPO;
8.2.3 A description of the likely consequences of the breach;
8.2.4 A description of the measures taken, or to be taken, by Customuse to address the breach and mitigate its possible adverse effects.
8.3 Customuse will also provide practical advice on damage control e.g. cancelling credit cards or resetting passwords.
8.4 Communication will be made by email, except where this is unknown or would involve disproportionate effort on Customuse’s part, in which case a visible notice will be put up on Customuse’s website (www.customuse.com).
8.5 Customuse is not required to notify affected data subjects where:
8.5.1 Customuse has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
8.5.2 Customuse has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects is no longer likely to materialise.
9. Policy Review and Evaluation
9.1 This policy will be updated as necessary to reflect best practice and to ensure compliance with any changes or amendments to relevant legislation.
9.2 This policy was last reviewed on 26 November 2020