By accessing (which includes browsing and any use, by the employment of any device or by any means) www.ExpertEye.com or the Touchpoint systems or their associated websites (which sites are known collectively and/or individually in these Terms as the ‘Website’) you are agreeing to be legally bound by these terms as modified from time to time (‘Terms’).
- Use of Website
The Website is owned and operated by ExpertEye AG and its associated companies (‘ExpertEye’)
ExpertEye grants access to the Website pursuant to the Agreement concluded with you (or with your company) to which these Terms are an integral part.
Subject to clause 1.4.11 of the Agreement, All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (‘ Content’) belong to ExpertEye. All rights are hereby reserved.
All products and services offered by ExpertEye and the logos used are part of the intellectual property of ExpertEye. The Client may not use these marks without the prior written permission of ExpertEye.
- Use of Content
The Website and the Content may only be used for the provision of data and services as specified in your (or your company’s) Agreement with ExpertEye.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print copies of individual files on paper and store files in electronic form on disc or on any server or other storage device. You must ensure that if such storage devices are connected to a network where the Content could be accessed by other users, access is restricted only to those persons authorised by you so to do.
You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose, which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
- Limitation of liability and indemnity
ExpertEye obtains the Content from a range of sources. The Content includes specific commercial data, which may in certain products and reports be combined, weighted and aggregated to derive figures used in ExpertEye products and services. ExpertEye warrants that it will not disclose or publish the source data to any other parties other than in the form of derived figures, and further warrants that the source of the data will remain strictly confidential and will not be disclosed to any other parties.
While all reasonable care is taken, ExpertEye does not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website. The Content should only be used for your general information and use, and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on tax, financial, legal and other professional matters. ExpertEye does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Subject to clause 8 of the Agreement, ExpertEye shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content.
You have full control of your access name and password to your account on the website. It is your responsibility to ensure that you do not share these access details with any unauthorised third parties, and that you regularly change the access details to ensure your data is secure. Whilst all reasonable care shall be taken to ensure the Website is secure, ExpertEye shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from any unauthorised third parties accessing your account.
ExpertEye excludes liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content.
Subject to Clause 8.3 of Agreement above, you agree to indemnify ExpertEye against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.
- Changes to these Terms
If ExpertEye wishes to change these Terms, it shall notify the Client in writing. If an agreement to any changes to Terms cannot be agreed between both parties within 14 days, then either party has the right to terminate the Agreement with no additional costs or fees being incurred.
ExpertEye is a company registered in Switzerland under company number CH-020.3.026.373-8, whose registered office is at Aathalstrasse 84, 8610 Uster – Zurich, Switzerland.
You can mail us at info@ExpertEye.com with any comments or for further information.
ExpertEye AG is determined to protect your privacy. It is very important to us that you should be able to use the Website without having to compromise your privacy unacceptably.
Knowing something about our users is necessary to ensure that our service is continually improved. We need to build an accurate picture of the site usage demands, needs and wishes of our users and to be able to communicate with you. This helps us to review and develop the services offered to you through the website.
- Collection of data
To access the Website you will be asked to use your designated account login and password. You may also choose to e-mail us or make contact with us in other ways. Such contact gives us information about you.
We automatically collect some data about our users’ browsing actions and patterns. This is aggregate data and does not identify any individual.
We will also collect the data you enter or upload onto the Website, including details of when the data was loaded and which values were changed. This assists us in ensuring that data used in reporting is up to date and accurate.
We use access records to improve our understanding of our users and their preferences to help us develop the Website and audit its use.
We record the dates data was last accessed and amended to assist you to identify the age of values stored on the system and to keep your data as up to date as possible.
We do not share any information about you with any third parties.
The data you submit may be used to help us to calculate market median and other aggregated information, but you will not be identified as the source of this data unless our contract with you stipulates this as the agreed approach. The specific data you provide will not be published or made available to any other parties except as a result of a legal requirement on us or pursuant to a court order.
ExpertEye AG complies with the relevant legal requirements and takes all reasonable care to ensure that your information is secure and private.
You can ask to see the information we have about you by e-mailing a request to info@ExpertEye.com.
- International transfer of personal data
As you will know, the internet does not recognise national boundaries. Services on the net are accessible globally so collection and transmission of personal data is not confined to one country.
You should be aware that by using the Website, your personal data may be processed in or transferred to other countries, and you agree to your personal data being transferred or processed in this way.
For clarity, we do not process or transfer any data outside of the EU. Should the client’s employees access the reporting or a customer access a survey invitation to complete a survey whilst outside of the EU, ExpertEye cannot be held liable for any data infringements or legal liabilities held under this Agreement.
- Further information
COMPANY AND DATA PROTECTION INFORMATION
The data controller of data on the Website is ExpertEye AG, a company registered under company registration number CH-020.3.026.373-8, whose registered office is at Aathalstrasse 84, 8610 Uster – Zurich, Switzerland.
Under the terms of the Data Protection Act 1998, ExpertEye AG is registered with the Information Commissioner’s office in the UK as Data Controller under registration number Z1120091, and ExpertEye Research & Development Limited is registered under registration number Z9775345.
Any queries or notices under the Data Protection Act should be addressed to the Managing Director at our UK offices (The Stables, 3 Manor Courtyard, Aston Sandford, Buckinghamshire, England HP17 8JB).