We gather only essential and limited information as you navigate our website. Primarily, we gather your Internet Protocol (IP) address through the Internet access logs of our website. When you navigate www.grafterr.com, your IP address is automatically obtained and registered in our Internet access logs. With these IP addresses, we diagnose any problems with our web server, manage and improve our website, based on the pages visited and enhance those features and content that our visitors considered interesting. These IP addresses are also useful to us in recognising our users and to collect broad demographic data. You may choose to not automatically share your location with us and remain anonymous by changing your devise and/or platform settings.
The user is not required to submit any personal data for simple navigation with www.grafterr.com. Our website will seek your personal information, only when you want to access certain pages such as Enrolment, Online Quote, product purchasing or subscription for product information and services provided. Information we ask for in such circumstances may include your name, postal address, email address, telephone number, a secure password and whether you would like to receive information (such as marketing and promotional material, invitations to events, special offers, market research, and any other marketing material that we believe may be of interest to you) from us via email, SMS text, post or telephone. Where you have given us permission to send you marketing and promotional material, you will be able to withdraw it at any time by contacting our Customer Service Team or by using the “Unsubscribe” button on any marketing emails received from us.
If you are placing an order to purchase any goods or subscribing for any of our monthly/annual services, we will also ask for your payment card details and/or bank account details to set up a Direct Debit to be able to fulfil your order. It is not possible to place an order or subscribe to any of our services without providing the requested personal information. To ensure that your credit/debit card is not used without your consent, we may validate the name, address and any other personal information supplied by you during the order process against appropriate third-party databases. By placing an order with us, you consent to such checks being made.
Our website would only record your personal data when you wilfully submit it. Our visitors have the opportunity to register for an event or conference, order a white paper, or participate in an online survey at any point of navigation of our website. When we gather this type of data, we shall endeavour to inform you of the reason for seeking such information and how we are going to utilize it. When we ask you to provide personal data, you may choose to decline. Many of our products require some personal data to provide you with a service. If you choose not to provide data required to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or fulfil a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you are using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalisation that use such data will not work for you.
We will only process your information if there is a legitimate business reason for doing so, and if that reason is permitted by law. Our website, as well as our trusted affiliates, independent contractors, and business associates, may utilize the personally identifiable information gathered through our website to contact our users regarding their products and services; to review your past purchases and viewing history; to tailor content displayed to you; to get valuable feedback on our products and services and those of our trusted partners; to improve our users’ interactive experiences; to provide support with complaints and troubleshooting; and to detect, investigate, report and seek to prevent fraud or crime. We may also utilize this information to research the effectiveness and efficiency of our website for marketing, advertising and sales efforts of our company, our trusted affiliates, our independent contractors, and our business partners. We also use data to analyse and develop the performance of our workforce. For example, all contacts made with our Customer Service Team are monitored and recorded via out internal ticketing system for quality control and training purposes. If you raise a query while we still hold a record of your previous communications with us, we may refer to this record so we can investigate or answer your query.
We never sell, rent, or lease the personal data of our users to any third party, and we never utilize or disclose personal information of a sensitive nature, such as information about any physical disability, race, religion, or political affiliations, without obtaining the explicit consent of our users.
We may access and/or disclose your personal data, in case it becomes legally mandatory or in a goodwill, if we consider that such disclosure is essential to legally conform or to comply with any legal procedure imposed on us or on our website, or to safeguard our rights and our property, or during any inevitable circumstances to safeguard other users of our website, our services, and the public.
We will only retain your information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
When determining the appropriate retention periods, we will take into account factors including the amount and sensitivity of information; our contractual obligations and rights in relation to the information involved; legal obligation(s) under applicable law to retain information for a certain period of time; statute of limitations under applicable law(s); our legitimate interests for retaining the information; whether there is an actual or potential dispute; and guidelines issued by relevant data protection authorities.
When you delete data, we follow a deletion process to make sure that your data is safely and completely removed from our servers or retained only in anonymised form. We try to ensure that our services protect information from accidental or malicious deletion. Because of this, there may be delays between when you delete something and when copies are deleted from our active and backup systems.
The security of your personal data is greatly important to us. As such, we have put in place appropriate technical and organisational measures/ industry standard technology to protect it from unlawful processing, accidental loss, destruction or damage. When you enter confidential billing information on our order forms, we encrypt the communication of that transaction through secure socket layer technology (SSL). In case you choose to use a third-party payment method to pay for your order, then the privacy statement and security practices of that third-party payment system will be applicable to your personal data. We strongly recommend that you to go through their privacy statement before providing your personal data.
Where you have chosen a password which allows you to access certain parts of our services, you are responsible for keeping this password confidential. We advise you not to share your password with anyone and to use a unique password for our services. Additionally, be sure to sign off and close your browser when you have finished your session. This will help to ensure that others do not access your personal information if you share your computing devise or use a computing devise in a public place. We will not be liable for any unauthorised transactions entered into using your name and password.
We generally follow the established industry standards to protect the personal data submitted through our website, both during transmission and after receipt. However, no mode of communication over the Internet or electronic storage is 100% secure. This risk is common across the Internet and not specific to our services. Therefore, we cannot guarantee the absolute security of your personal data, any transmission is at your own risk. We have implemented procedures to deal with any data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Our website and services are not meant for individuals thirteen years of age or younger. We do not permit the use of our website and services by anyone thirteen years of age or younger. We do not intentionally, directly, or passively, gather or maintain personal data from children thirteen years of age and younger. Therefore, we ask that if you are thirteen years of age or younger, you should stop using our website and services.
You can access, update or request deletion of all your personal data that we have gathered through our website and/or services by contacting our office via the details listed on our Contact tab (https://www.grafterr.com/uk/contact-us) . We practice this procedure to better safeguard your personal data. You can correct or update any factual errors in your personal data by sending us a request that credibly shows an error. We will also take reasonable measures to protect the privacy and security of your personal information by verifying your identity before allowing access or updating your personal information.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrolment forms. Regardless of the opt-in method the User has utilized to join the Program, the User acknowledges that this Agreement applies to the User’s participation in the Program. By participating in the Program, the User agrees to receive autodialled or manually dialled marketing mobile messages (as applicable) at the phone number associated with the User’s opt-in, and the User understands that consent is not required to make any purchase from the Company. While the User consents to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the Company’s mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: The User reserves the right to request to opt out of the Program, should the User not wish to continue participating in the Program. In order to opt out of the Program, the User must reply “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any mobile message from the Company. The User may receive an additional mobile message confirming the User’s decision to opt out. The User understands and agrees that the foregoing options are the only reasonable methods of opting out. The User understands and agrees that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of the Company’s employees to remove the User from the Program’s mailing list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time the User intends to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling the User’s service plan or selling or transferring the telephone number to another party, the User must complete the User Opt Out process set forth above prior to ending the User’s use of the mobile telephone number. The User understands and agrees that the User’s agreement to do so is a material part of these terms and conditions.
The User agrees that the User shall indemnify, defend, and hold the Company harmless from any claim or liability resulting from the User’s failure to notify us of a change in the information the User has provided the Company. The User understands and agrees that, if the User discontinues the use of the User’s mobile telephone number without notifying Grafterr of such change, the User will be responsible for all costs (including any legal fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.
This duty and agreement shall survive any cancellation or termination of the User’s agreement to participate in any of the Company’s Programs.
Program Description: Without limiting the scope of the Program, users who opt in to the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Grafterr.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Grafterr at firstname.lastname@example.org . Please note that the use of this email address is not an acceptable method of opting out of the program. Opt out requests must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by the User’s wireless carrier/service provider/network operator. The Company shall not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of the Company’s control. Grafterr, any party that assists the Company in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.
Participant Requirements: the User must have a wireless device of their own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular telephone providers carry the necessary service to participate in the Program. The User should check their telephone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years; are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program; or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable laws to use and/or engage with the Platform.
Prohibited Content: the User acknowledges and agrees to not send any prohibited content over the Program. Prohibited content includes, but is not limited to:
Dispute Resolution, Arbitration and Class Action Waiver. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims between the Parties are resolved.
In the event that there is a dispute, claim, or controversy between the Parties, or any other third- party service provider, including Autopilot, acting on the Company’s behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 38 West Gorgie Parks, Edinburgh, EH5 1RT, before one sole arbitrator. The Parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act 1996. Except as otherwise provided herein, the arbitrator shall apply the applicable laws of the jurisdiction in which Grafterr’s principal place of business is located, without regard to the possible conflict of laws between different jurisdictions in which the Parties may be operating.
Within ten (10) calendar days after the arbitration demand is served upon a party, the Parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the Parties do not agree on an arbitrator within ten (10) calendar days, a Party may apply for the Law Society president to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Arbitration Act 1996. The Parties agree that the Party submitting the dispute for arbitration, may request an emergency action by the other Party, in lieu of seeking emergency injunction from a court, with the same effect as a court injunction. The Parties agree that the appointment of an emergency arbitrator would not be necessary due to the additional costs of doing so. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 68 of the Arbitration Act 1996.
Each Party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The Parties agree that the arbitrator shall have the authority to award arbitration fees only to the extent expressly authorised by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
The Parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a claimant or class member in any class or representative arbitration proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both Parties, unless to protect or pursue a legal right.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. If for any reason a dispute proceeds in court rather than in arbitration, the Parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of the User’s agreement to participate in any of the Company’s Programs.
Miscellaneous: The User warrants and represents to the Company that the User has all necessary rights, power, and authority to agree to these Terms and perform the User’s obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place the User in breach of any other contract or obligation. The failure of either Party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing.
Grafterr reserves the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to the User. The User acknowledges the User’s responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, the User accepts this Agreement, as modified.
Last updated 4 th September 2023