Revoke’s Terms & Conditions For Organisations

V0.7 Last Updated: 10th February 2020

1       About Revoke

The Revoke Service (the “Service”) is operated by Revoke Ltd. (“Revoke”, “us”, “we”, or “our”) ”), a company registered with the Jersey Financial Services Commission, Registration Number 124314.

These Terms & Conditions (“Terms”, or “Agreement”) apply to companies that subscribe to our paid Services (namely Revoke Automated & Revoke Automated Plus). We do not have any Terms & Conditions for our free services for organisations (namely Revoke Data Management Essential and Revoke Data Management Plus). We explain this further in the following paragraph 1.1.

1.1      Revoke Free Services

We do not have any Terms & Conditions for Revoke Data Management Essential and Revoke Data Management Plus. We offer you access to our Service, including the secure Data Protection Officer portal, on an ‘as-is’ basis for the purpose of facilitating your response to data subject access requests. We expect you to act in accordance with all applicable laws in your jurisdiction (including GDPR, CCPA and/or others as applicable) in relation to your use of the Service.

Our secure Data Protection Officer portal enables you to transfer the requested information to the data subject we represent in an encrypted, secure manner. We can neither view nor modify any data transferred by you to the data subject through our Service.

Any personal data processed by us shall be handled in accordance with our Privacy Policy. If you choose to use Revoke Data Management Plus, we require some personal data from you including your photo identification in order to identify you and ensure the security of the personal data of consumers. You agree to the handling of your data in accordance with our Privacy Policy

If you have any questions, comments or complaints about the Service, please get in touch with us via the following contact details: help@revoke.com or 0208 158 8902

The remainder of these Terms (paragraphs 1.2 through 12) do not apply to our free services.

1.2      Revoke Paid For Services

Before using the Service as a paid customer you (“Customer” or “You”) must accept these Terms, which govern your relationship with us. If You are accessing or using the Service on behalf of your company, you must be authorised to accept this Agreement on behalf of your company, and all references to You or Customer reference your company.

By using our online software-as-a-service products and other services provided by Revoke via an online form (“Order Form”) you are agreeing to be bound by all terms, conditions and notices contained or referenced in this Agreement, including the Data Processing Agreement and Privacy Policy.  You further agree that:

  • The Service is licensed, and not sold, to you, for use only under these Terms;
  • You will use the Service only in accordance with this Agreement and in compliance with any applicable law;
  • Your account details will only contain accurate information;
  • You will keep your account details and contact information up to date;
  • You will keep your password secure and confidential;
  • No agency, partnership, joint venture, employment or franchisee relationship with Revoke is intended or created by this Agreement;

 

If you do not agree to be bound by these Terms, you may not use the Service.

We reserve the right to change these Terms at our sole discretion, by posting an amended version on the Service. You can always view the latest version of these Terms in the main menu of the Service or on our website. All amended Terms automatically take effect from the date of posting, unless otherwise stated.

2       Service Description

The “Service” includes:

  • Individual consumer identification
  • Managing customer data protection preferences
  • Managing communication between consumers and organisations
  • APIs for organisations to integrate with the Service
  • Plugins for organisational integration with the Service

Revoke reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Revoke.

Further to the above performance of the Service, the terms of the Data Processing Agreement between Revoke and the Customer shall apply with respect to personal data processed on your behalf.

Any personal data processed by us shall be handled in accordance with our Privacy Policy.

The information available on the Service is made available for general information only, and should not be construed as or relied upon as legal advice, whether in relation to data protection law or otherwise. For legal advice, please speak to a qualified legal practitioner.

3       Security

Revoke is unable to access any sensitive personal information provided by the Company; data is encrypted such that only the customer themselves can access data.

Revoke uses advanced levels of encryption of data at rest and in transit at the message and transport layer including utilisation of the following;

  • Elliptic Curve cryptography using Ed25519 and Curve25519 Keys
  • Authenticated encryption with associated data (AEAD)
  • Diffie-Hellman key agreement
  • Sealed Boxes
  • DNSSEC
  • HTTPS
  • IPSec
  • AES256 Encryption
  • X509 Certificates
  • BlakeB Hashing

More information can be found in the Revoke Security Policy.

4       Your Use of the Service

You agree that you will be solely responsible for any and all activity in relation to your use of the Service.

Revoke retains full ownership of the Service including all intellectual property therein, and no interest or ownership in the Service is transferred to the Customer. You must not access, collect or use information from the Service, proprietary or otherwise, without our express prior written consent, or other than as outlined in this Agreement.

By accepting these Terms, you agree that you will not modify, rent, lease, loan, sell distribute, create derivative works of, decompile, reverse engineer or attempt to extract the source code from the Service, unless in accordance with our express prior written consent. You shall not exploit the Service in any unauthorised way whatsoever, including but not limited to by trespass or burdening network capacity.

You agree that from time to time, the software may download and install updates and/or any other additional features to improve the Service.

5       Confidentiality

You agree to keep confidential all Revoke confidential or proprietary information, including technical and business information (“Confidential Information”), and to use such information only for the purposes of performing the terms of this Agreement.

You shall ensure that no Confidential Information is disclosed to any third party without our prior written consent.

You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the hands of third parties.

You shall not use, and shall not allow any third party to use, Confidential Information without Revoke’s prior written consent.

6       Warranties and Representations

To the fullest extent permissible by law, the Service is provided on an “as is”, “as available” and “with all faults” basis, without any express or implied warranties, representations or endorsements as to (i) the Service; (ii) the content on or in relation to the Service, our users or third parties; and (iii) security associated with the transmission of information through the Service.

We do not guarantee that our Service will always be safe, secure and/or error free, or that our Service will always function without disruption or delays.

We are not responsible for and cannot guarantee the correctness or accuracy of information provided by individual data subjects in relation to the exercise of their data protection rights.

7       Limitation of Liability

Except where prohibited by law, we shall not be liable to you for any loss or damage of any kind, including, but not limited to, any direct, indirect, economic, exemplary, punitive, special, incidental or consequential losses or damage that are directly or indirectly related to:

  • The Service;
  • The content, information and/or data provided by us, any users, or third parties;
  • Your use of (or inability to use) the Service, including, but not limited to, your failure to provide accurate account information or your failure to keep your password and/or other account details secure and confidential;
  • Any loss, damage or injury (occurred directly or indirectly) by you or anyone else, including but not limited to a loss of property, loss of profit, loss of goodwill, loss of business reputation, loss of opportunity, loss of data, death and/or personal injury;
  • Any relationship between you and a third party, including with individual data subjects;
  • Any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the Service;
  • Any action taken in connection with copyright or other intellectual property owners;
  • Any disruption, delay, error or omission in the operation or termination of the Service, including any technological failure; and/or
  • Any damage to your or a third party’s mobile device, and/or other equipment or technology.

8       Indemnification and Settlement

By agreeing to this Agreement, you agree to indemnify, defend and hold us harmless, including, but not limited to, our managing members, shareholders, employees, parent or related companies, affiliates, licensors, and suppliers, from and against any and all complaints, charges, damages, losses, costs, liabilities and expenses (including legal fees and costs) arising from (i) your actions, your use (or misuse) of the Service, your breach of the Agreement, and/or your violation of any applicable law; (ii) any claimed infringement by Customer, a user or a third party in relation to any intellectual property rights; (iii) any access to or use of the Service by an individual data subject or a third party in breach of this Agreement; or (iv) any alleged breach of data protection law resulting from our processing of data in accordance with your instructions or the instructions of an individual data subject.

In the event that both you and Revoke are involved in legal proceedings arising out of the circumstances mentioned in the previous paragraph, we reserve the right to handle our legal defence as we see fit, and to request your cooperation at any time during the execution of our defence strategy. In any event, you will not settle any claim without our express prior written consent.

9       Term and Termination

9.1      Termination for Cause.

Either party may terminate this Agreement (including all related Order Forms) if the other party (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

Revoke may further terminate this Agreement for any other reason within 30 days after written notice.

9.2      Effect of Termination.

Upon any expiration or termination of this Agreement, Customer will immediately cease any and all use of and access to all Services (including any and all related Revoke) and delete (or, at Revoke’s request, return) any and all copies of the Documentation, any Revoke passwords or access codes and any other Revoke Confidential Information in its possession. Provided this Agreement was not terminated for Customer’s breach, Customer may retain and use internally copies of all reports exported from the Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into the Service, and that Revoke may delete any such data as may have been stored by Revoke at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

This Agreement will remain in effect even after your use of or access to the Service is terminated, or you delete your account.

10   Dispute Resolution

All claims and disputes arising out of in connection with this Agreement and access to or use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Any claims under this Agreement must be made on an individual basis; class actions are not permitted.

11   Other

If any provision of this Agreement is found by a competent court to be unlawful, void or otherwise unenforceable, the parties agree that such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the other remaining provisions.

You will not assign this Agreement, or assign any rights or delegate any obligations under this Agreement, in whole or in part, whether voluntary or by operation of law, without express prior written consent by Revoke. Any purported assignment or delegation by you without the appropriate express prior written consent by Revoke shall be considered null and void.

We may assign any and all of our rights and obligations under this Agreement in connection with a merger, acquisition, transfer, sale of all or part of the Service, or any other assets, or by operation of law or otherwise.

This Agreement, any amendments thereto entered into, and any other documents mentioned in these Terms, constitute the entire agreement between the Customer and Revoke, and supersede any other prior agreement between the Customer and Revoke.

Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed in any way as a waiver of any provision or any of our rights.

12   Contact Us

If you have any questions, comments or complaints about this Agreement, or any other aspect of the Service, please get in touch with us via the following contact details:

help@revoke.com or 0208 158 8902

 

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