TERMS OF USE

(1)        Introduction


These terms of use govern your use of our website. By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

 

(2)        Licence to use website


Unless otherwise stated, we or our licensors own the intellectual property rights in the website and the material on the website.  Subject to the licence below, all of these intellectual property rights are reserved.


You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 


You must not:


(a)        republish material from this website (including republication on another website);


(b)        sell, rent or sub-license material from the website;


(c)        show any material from the website in public;


(d)        reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;


(e)        edit or otherwise modify any material on the website; or


(f)        redistribute material from this website.



(3)        Acceptable use


You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.


(4)        Products & Services


The advertising of services on our website constitutes an “invitation to treat” - not a contractual offer.



(5)        Limited warranties


Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.


To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).


(6)        Limitations and exclusions of liability


Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.


The limitations and exclusions of liability set out in this section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.


We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.


We will not be liable to you in respect of any financial losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.


We will not be liable to you in respect of any loss or corruption of any data, database or software.


We will not be liable to you in respect of any special, indirect or consequential loss or damage.


(7)        Indemnity


You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.


(8)        Breaches of these terms of use


Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:


(a)        send you one or more formal warnings;


(b)        temporarily suspend your access to the website;


(c)        permanently prohibit you from accessing the website;


(d)        block computers using your IP address from accessing the website;


(e)        contact your internet services provider and request that they block your access to the website;


(f)        bring court proceedings against you for breach of contract or otherwise; and/or


(g)        suspend and/or delete your account with the website.


(9)        Variation


We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.


(10)      Assignment


We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.


You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 


(11)      Severability


If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


(12)      Exclusion of third party rights


These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.


(13)      Entire agreement


These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.


(14)      Law and jurisdiction


These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.


(15)     Our details


The full name of our company is Growstack Ltd.


We are registered in England & Wales under registration number 10626106. 


You may contact us by email at info@growstack.co.uk.

 

PRIVACY POLICY

1. Who Are We?


Growstack Ltd (“Growstack”) is company incorporated in England & Wales under registration number 10626106, our registered office address is 67 West Hall Garth, South Cave, Brough, East Yorkshire HU15 2HA. This policy applies to our collection and use of your data in connection with our services (the “Services”).


2. How to Reach Our Data Protection Officer?


To contact Growstack’s Data Protection Officer regarding our processing of your personal data, please email info@growstack.co.uk.


3. How Do We Notify You of Changes to this Policy?


We keep this policy under regular review and place updates on www.growstack.co.uk. We will also provide notifications of material changes via email or other channels. If you keep using the Services after we notify you, you consent to the updated Privacy Policy. If not, you may stop using our Services.


4. What Are Your Rights?


Growstack recognises that your personal data belongs to you and we don’t wish to use it in ways that you don’t want us to.


You can control whether or not you receive marketing email from Growstack by contacting us in respect of the same.


You can also exercise a variety of rights regarding our use of your data:


You can ask us for a copy of the information we have about you.

You can ask us to correct any incorrect data we have about you.

You can ask us to delete your data.

You can ask for your data in a common, machine-readable format.

You can object to any processing we do on the basis of legitimate interests (see below). 

You can ask us to restrict the processing of your data.


To exercise any of the foregoing rights, please contact us. For the purposes of the General Data Protection Regulation or GDPR (EU 2016/679), note that some of these rights aren’t absolute - for example, we may not be able to forget you if we have to keep some of your data to comply with the law - but we’ll evaluate your request in accordance with applicable data protection laws. Growstack will respond to your request within one month of receiving it. Also, note that you have the right to lodge a complaint with the UK Information Commissioner’s Office or the supervisory authority in your country of residence or place of work.


5. What Data Do We Collect?


We don’t receive any personal data about you other than what you provide us with or what you have consented for others to forward to us, or data we can infer from your use of the Services.


When you register with us we will collect contact information about you and if you are an actual or prospective customer then we collect information about you. This may include your name, address, date of birth, email address, telephone contact number(s) and corporate information.


We may ask you a series of questions relating to your business and the manner in which you heard about us.


We also collect information about your use of our Services, including your IP address, mobile device identifier, how much time you spend on the site, and what you do, like or view. We do this through the use of cookies.


6. What Happens If You Don’t Want Us to Have Your Data?


You are not required to provide personal data to us. Note, however, that your failure to do so may affect our ability to provide the Services you request.


7. How Do We Use Your Data?


Growstack uses your personal data to provide you with our Services, to personalise your Growstack experience, to send you communications and to keep you updated about any contract into which you have entered or may be considering entering with us.


We also use your data to help us make Growstack better and to advertise to you. We use your data to drive our research and development and to better understand our customers. Growstack does this analysis using a variety of data sources, including transactional data (how you use the Services), log data (web traffic and Services usage), email data (how you respond to emails we send you), survey data, customer service data.


For information about our products, such as newsletters - you can opt out by emailing us.


For information about our partners or affiliates – you can opt out by emailing us.


For survey and customer satisfaction questionnaires in respect of our Services you can opt out by emailing us.


8. On What Legal Bases Do We Process Your Data?


We process your personal data on a variety of legal bases depending on the use. For example, we will only process your personal data if we have your consent and you can withdraw this consent at any time by opting out of receiving such emails. Sometimes it is necessary to process your data for us to comply with our legal obligations.


9. How Are We Using Your Data Based on Our Legitimate Interests?


We may process your personal data for the purposes of our legitimate interests, provided that these uses aren’t outweighed by your rights or interests. What is a ‘legitimate interest’? It essentially means that we use your data in a way which might reasonably be expected as part of running our business and which doesn’t impact materially on your rights, freedom or interests.


For any uses we justify on the basis of legitimate interest, you have the right to opt out of such processing by writing to us.


10. With Whom Are We Sharing Your Data?


We may disclose your data to our affiliated organisations and subsidiaries, and to service providers who render services to us or you on our behalf (all of which are contractually obligated to act only on our instructions and in accordance with applicable laws, including GDPR). We also may disclose your information if required by law, requested by law enforcement authorities or to enforce our legal rights, such as pursuant to a subpoena. We may share your information in connection with a sale or reorganisation of Growstack, but in any such case, the terms of this Policy will continue to apply.


Our service providers include:


Banks and payment service providers - to authorise and complete payment transactions;

Third party identity checking or credit reference agencies - for the purposes of identity checking and bank account verification;

CRM, administration, IT, information security and cloud services providers – to help us provide the Services and keep your data safe;

Communication providers – to assist us with the processing and delivery of email and other communications; and

Introducers – to market our products to you.


11. How Secure Is Your Data?


We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.


Access to your personal data is password-protected and backed up on a third party drive. We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.


12. Where Are We Sending Your Data?


Growstack stores users’ personal data inside the European Union. Some of our service providers and affiliated organisations may lie outside the EU. Therefore, sometimes we may transfer your data outside the EU. If we do, we ensure that your data is processed only in countries that provide an adequate level of protection for your data or where the recipient provides appropriate safeguards, such as model contract clauses, binding corporate rules, or mechanisms like the EU-U.S. Privacy Shield framework. For a copy of such safeguards, please contact us.


13. How Long Do We Keep Your Data?


We keep your personal data in an identifiable form for as long as we have a legitimate reason to use the data and as required by law.


14. Third Party Links


You may find links to third party websites on our site. The operators of those websites will apply their own privacy policies and you should check them before you use them or submit any data to them. We are not responsible for their policies or the way they use your data or cookies, and we will not be liable for any loss, damage or distress you may suffer of incur as a consequence.


15. How Do You Complain?


If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.


You can contact them by calling 0303 123 1113.


Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can't be responsible for the content of external websites).


If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.


This privacy policy was last updated in 21st June 2021.