Optic Registration - Instinctif Partners

Welcome to Instinctif Partners’ Optic platform.
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Terms of Use & Portal Privacy Policy

INSTINCTIF PARTNERS' OPTIC TERMS OF USE

These Terms of Use set out the basis on which we (Instinctif Partners Limited company number 01036926) will provide access to our Optic Service to you (being the client who is contracting with us for the use of such service). These Terms of Use apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. These Terms of Use do not apply to any other services which we provide to you which will be subject to a separate contract between you and us.

1	PROVISION OF THE SERVICE
1.1	The Optic Service comprises the following:
1.1.1	Access to our Optic Service portal to enable your Authorised User to complete the online questionnaire;
1.1.2	The provision of an automated Optic score and report following completion of the questionnaire; and
1.1.3	The provision of a tailored Optic report which is created for you by a member of our Optic team following their review of your completed questionnaire. The reports referred to in clauses 1.1.2 and 1.1.3 are collectively referred to as the Reports in these Terms of Use.
1.2	    You must nominate one employee to be your authorised user to complete the Optic Service questionnaire (Authorised User). Your Authorised User will be able to access the Optic Service portal using their user-name and password on multiple occasions to update the draft questionnaire prior to it being submitted but may only submit the questionnaire once. Once the questionnaire has been submitted, the Authorised User will no longer be permitted to amend the answers supplied.
1.3	    You shall be permitted to use and retain copies of the Reports as necessary for your own internal business purposes.
1.4	    We reserve the right to amend, suspend or withdraw the Optic Service at any time without notice to you
1.5	    In consideration of us providing you with access to the Portal  you agree to comply with these Terms of Use.

2	FEES
From time to time, we may charge you a fee for the Optic Service (Fees). If we do, we shall make this known to you and provision of the Optic Service by us shall be dependent on you agreeing to such Fees.

3	YOUR RESPONSIBILITIES
3.1	Any information, documents, data or materials which you or your Authorised User provides to us or upload or transfer using the Optic Service (Questionnaire Responses) must:
3.1.1	be complete, accurate and in no way misleading;
3.1.2	not be illegal, offensive, or infringe any third party rights; and
3.1.3	not contain or enable any viruses or other malicious code.
3.2	    You must (and must ensure that your Authorised User will):
3.2.1	only use the Optic Service and the Reports for your own internal business purposes and not for the benefit of any third party (including any group companies);
3.2.2	comply with any instructions given by us from time to time in relation to the use of the Optic Service and the Reports;
3.2.3	not misuse the Optic Service or Reports or attempt to decompile or gain access to the Optic Service or any server, computer or database connected to our Optic Service except as permitted by law and these Terms of Use;
3.2.4	keep any user-name, password, or other login information confidential and secure, and inform us immediately if you suspect any unauthorised use of your login information;
3.2.5	ensure that no-one other than your Authorised User accesses the Optic Service; and
3.2.6	not permit any competitor of ours to use or access the Optic Service or Reports, and not use the Optic Service or Reports for benchmarking or comparative analysis.
3.3	    You warrant that all Questionnaire Responses and any use of the Optic Service by you and your Authorised User complies with clauses 3.1 and 3.2 and you will be liable to us and indemnify us for any breach of this warranty.

4	PROPRIETARY RIGHTS
4.1	You acknowledge and agree that we (or our licensors) will own all intellectual property rights in the Optic Services and the Reports. Except as expressly stated herein, these Terms of Use do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Optic Services or the Reports.
4.2	You acknowledge and agree that we shall be entitled to retain and use both during and after termination of these Terms of Use any Questionnaire Responses and Reports on an anonymised, de-identified basis which does not identify you or your business for such proposes as we may in our sole discretion decide including without limitation for producing reports, trends analysis, forecasting, monitoring, analysis and operational purposes.

5	DISCLAIMER
5.1	The Optic Service is intended to provide general guidance on crisis management and product recall planning as part of a wider crisis management programme. It is not intended to be a comprehensive crisis management solution and is not a substitute for obtaining bespoke, specialist crisis management advice. You are solely responsible for ensuring that you have suitable crisis management plans in place for your business.
5.2	The results of the Optic Service are entirely dependent on the accuracy and completeness of the Questionnaire Responses. We shall have no liability for any damage caused by errors or omissions in any Questionnaire Responses or other information provided by you or your Authorised User.
5.3	You assume sole responsibility for results obtained from your use of the Optic Service and the Reports and for any conclusions drawn and steps taken (or not taken) by you as a result of such use.
5.4	All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use and the Optic Service and Reports are provided to you on an "as is" basis.

6	OUR LIABILITY
6.1	Nothing in these Terms of Use shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be limited or excluded by applicable law.
6.2	Subject to clause 6.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use for: loss of profits; loss of business; loss of or damage to goodwill; loss or corruption of data; or for any indirect or consequential loss. Subject to clause 6.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use shall be limited to £1,000 or the total Fees payable by you (if applicable) for the Optic Service (whichever is the greater).

7	TERMINATION
7.1	    We may terminate this agreement, without limiting our other rights or remedies, with immediate effect by giving you written notice if:
7.1.1	you commit a breach of these Terms of Use; or
7.1.2	you become unable to pay your debts or take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.
7.2	    On expiry or termination of these Terms of Use:
7.2.1	your right to access the use the Optic Service will immediately terminate;
7.2.2	where these Terms of Use are terminated by us in accordance with clause 7.1, your right to use the Reports will immediately terminate; and
7.2.3	the accrued rights, remedies, obligations and liabilities of the parties as at termination shall be unaffected, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination and clauses, which expressly or by implication survive termination, including clauses 4, 5, 6, 7 and 8 shall continue in full force and effect.

8	GENERAL
8.1	Data Protection. Any data which you or your Authorised User provides to us in relation to the Optic Services (including any Questionnaire Responses) will be used by us in accordance with our Privacy Policy and you confirm that your Authorised User consents to such use.
8.2	Force majeure. We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement (including without limitation failure of telecommunications infrastructure or other utilities or our suppliers or service providers) if such delay or failure result from events, circumstances or causes beyond our reasonable control.
8.3	Assignment. You may not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this agreement.
8.4	Entire agreement. This agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.5	Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
8.6	Third parties. No one other than us and you shall have any right to enforce any of the terms of this agreement.
8.7	Governing law and Jurisdiction. This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.


INSTINCTIF PARTNERS' OPTIC SERVICE PRIVACY POLICY

This Privacy Policy sets out the basis on which we (Instinctif Partners Limited company number 01036926) will collect and use data (including personal data) provided by you or your authorised user via our Optic portal at www.instinctif.com (or such other website from time to time) (the Portal) or otherwise provided by you or your authorised user in relation to the Optic service.

ABOUT US

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Instinctif Partners Limited of 65 Gresham Street, London, EC2V 7NQ with registration number Z283557X.

OTHER APPLICABLE TERMS

This Privacy Policy refers to our Terms of Use , which set out the terms on which you are permitted to access our Portal and otherwise use the Optic service.

INFORMATION WE MAY COLLECT

We may collect and process the following information about you and your authorised user:

    -   Information that you and your authorised user provide by filling in forms and/or questionnaires on the Portal and any other information that you and your authorised user provide to us in relation to the Optic service.
    -   We may also ask you for information when you report a problem with the Portal.
    -   If you contact us, we may keep a record of that correspondence.
    -   We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
    -   Details of your visits to the Portal including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

With regard to each of your visits to the Portal we may automatically collect the following information:

    -   technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
    -   information about your visit, including the full uniform resource locators (URL) clickstream to, through and from the Portal (including date and time); p response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

We may collect this information for system administration, to report aggregated information to our advertisers and/or commercial partners or otherwise in accordance with this Privacy Policy. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

WHERE WE STORE YOUR DATA

The data that we collect from you and your authorised user (including personal data) may be transferred to, and stored at, such locations as we decide, which may include destinations outside the European Economic Area (EEA). It may also be processed by staff operating inside or outside of the EEA who work for us or for one of our business partners or suppliers. Such staff maybe engaged in, among other things, administrative services and the provision of support services. By submitting data or allowing your authorised user to submit data, you agree (and will procure that your authorised user agrees) to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Where we have given you or your authorised user a password (or where one has been chosen) which enables you and your authorised user to access certain parts of the Portal, you are responsible for keeping this password confidential and for ensuring that your authorised user does the same. You are not permitted to share your password with anyone or to use anyone else’s password and you will ensure that your authorised user complies with this obligation.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted to the Portal; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

HOW WE USE YOUR INFORMATION

Information you or your authorised user give to us. We may use this information:

    -   to provide you with the Optic service and resulting reports;
    -   to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information that you request from us;
    -   to notify you about changes to the Portal or the Optic service;
    -   to ensure that content from the Portal and/or the Optic service is presented in the most effective manner for you and for your computer; and
    -   for internal record keeping.

Information we collect about you or your authorised user. We may use this information:

    -   to administer the Portal and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    -   as part of our efforts to keep our Portal safe and secure;
    -   to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
    -   to make suggestions and recommendations to you and other users of the Portal about services that may interest you or them.

Use of your information and your authorised user’s information for marketing purposes.

Where you have consented to such use and disclosure, we may:

    -   use your information and your authorised user’s information to provide you with information about other services we offer;
    -   use your information and your authorised user’s information to provide you, or to permit selected third parties to provide you, with information about services we feel may interest you; and
    -   disclose your information and your authorised user’s information to selected third parties to enable them to contact you to provide you with information about services they feel may interest you.

Disclosure of your information

We may share your information and your authorised user’s information with selected third parties, including:

    -   our analytics and search engine providers that assist us in the improvement and optimisation of the Portal;
    -   our business partners or suppliers, for the performance of any contract we enter into with you and in order to provide you with the services that you may request from us; and
    -   advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers without their consent, but we may provide them with aggregate information about our users.

We may disclose your information and your authorised user’s information to other third parties:

    -   in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
    -   if Instinctif Partners Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers may be one of the transferred assets;
    -   if we are under a duty to disclose or share such information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or other agreements; or
otherwise in accordance with this Privacy Policy.

Anonymised Data

You acknowledge and agree that we shall be entitled to retain and use any information provided by you or your authorised user or collected by us on an anonymised, de-identified basis which does not identify you or your business for such proposes as we may in our sole discretion decide including without limitation for producing reports, trends analysis, forecasting, monitoring, analysis and operational purposes.

YOUR RIGHTS

You and your authorised user have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us via the Contact Us section of the Portal.

Third Party Links

The Portal may, from time to time, contain links to other websites of interest. Please note, these websites have their own privacy policies and we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites. You should exercise caution and look at the privacy statement applicable to the website in question.

Access to information

The Act gives you and your authorised user the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

If you believe that any information we are holding about you or your authorised user is incorrect or incomplete, please contact us via the Contact Us section of the Portal.

Changes to this policy

We may revise this Privacy Policy from time to time. Any changes we may make to our Privacy Policy in the future will be posted on this page. You should check this page from time to time to ensure that you are happy with any changes.

I confirm that I have read and understand the Terms of Use and Portal Privacy Policy outlined above. *

You agree for us to use your information to provide you with information about other services we offer.

DISCLAIMER

The Instinctif Partners’ Optic Service is intended to provide general guidance on crisis management and product recall planning as part of a wider crisis management programme. It is not intended to be a comprehensive crisis management solution and is not a substitute for obtaining bespoke, specialist crisis management advice. You are solely responsible for ensuring that you have suitable crisis management plans in place for your business.

The results of the Optic Service are entirely dependent on the accuracy and completeness of your questionnaire responses and other information which you provide to us. We shall have no liability for any damage caused by errors or omissions in such information.

You assume sole responsibility for results obtained from your use of the Optic Service and any reports generated as a result of your use of the Optic Service and for any conclusions drawn and steps taken (or not taken) by you as a result of such use.

All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded and the Optic Service and reports are provided to you on an "as is" basis.

Welcome to Instinctif Partners’ Optic platform.Register now to use our specialist online diagnostic tools.

Choose at least one service you are interested in:

Terms of Use & Portal Privacy Policy

Welcome to Instinctif Partners’ Optic platform.
Register now to use our specialist online diagnostic tools.