Acceptable Use Policy
Submission or submissions – means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;
We, us or our – means Stark Software International Limited company registration number 02911704, with VAT registration number 644 3728 29 and whose registered office is at Sentinel House, 10-12 Massetts Road, Horley, RH6 7DE.
You or your – means the person accessing or using the Site or its Content.
1.1 Together with our General website terms and conditions of use, this acceptable use policy governs how you may access and use the Site.
2. Acceptable use
2.1 We permit you to use the Site only for personal and commercial purposes and primarily for e.g. accessing information about us and accessing your energy data using the various tools and products for which you have been issued a username and password that are accessible without a username and password. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.
3. Restrictions on use
3.1 As a condition of your use of the Site, you agree:
3.1.1 Not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this policy or our General website terms and conditions of use;
3.1.2 Not to use the Site to commit any act of fraud;
3.1.3 Not to use the Site to distribute viruses or malware or other similar harmful software code;
3.1.4 Not to use the Site for purposes of promoting unsolicited advertising or sending spam;
3.1.5 Not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6 Not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 Not to use the Site in any manner that harms minors;
3.1.8 Not to promote any unlawful activity;
3.1.9 Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.110 Not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks
3.1.11 Not to attempt to circumvent password or user authentication methods; and to comply with the provisions relating to our Intellectual Property Rights and Software contained in our General website terms and conditions of use.
4. Bulletin boards, chat rooms and other interactive services
4.1 We may make bulletin boards, chat rooms or other communication services (‘Interactive Services’) available on the Site.
4.2 We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
4.3 We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
4.4 Any Submission you make must comply with our Submission standards set out below.
5. Submission standards
5.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. In particular, you warrant that any Submission or communication is:
5.1.1 Your own original work and lawfully submitted;
5.1.2 Factually accurate or your own genuinely held belief;
5.1.3 Provided with the necessary consent of any third party;
5.1.4 Not defamatory or likely to give rise to an allegation of defamation;
5.1.5 Not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.1.6 Unlikely to cause offence, embarrassment or annoyance to others.
6. Linking and framing
6.1 You may create a link to our Site from another website with our prior written consent provided no such link:
6.1.1 Creates a frame or any other browser or border environment around the content of our Site;
6.1.2 Implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
6.1.3 Displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
6.1.4 Is placed on a website that itself does not meet the acceptable use requirements of this policy.
6.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
7. Using the Stark Software International Limited name and logo
7.1 You may not use our trademarks, logos or trade names except in accordance with this policy and our General website terms and conditions of use.
8.1 We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms, we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
9.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Terms. Relevant United Kingdom law will apply to these Terms.
For the purposes of the Data Protection Act 1998, Stark Software International Limited (‘we’ or ‘us’) is the ‘data controller’ (i.e. the company who is responsible for, and controls the processing of, your personal data).
1. Personal data we may collect about you
1.1 We will obtain personal data about you (such as your name, address, email address, log in and password details, telephone number, fax number, opinions) whenever you complete an online form.
1.2 For example, we will obtain your personal data when you register to use this website, send us feedback, post material, contact us for any reason, sign up to a service, purchase or enquire about goods or services. We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you volunteer such information, you will be consenting to our processing it for the purpose of statistical analysis, marketing, or improving the Site’s performance.
1.4 Occasionally we may receive information about you from other sources (such as credit reference agencies), which we will add to the information we already hold about you.
2. How we use your personal data
2.1 We will use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:
2.1.1 To help us identify you and any accounts you hold with us;
2.1.3 Research, statistical analysis and behavioural analysis;
2.1.4 Customer profiling and analysing your purchasing preferences;
2.1.5 Marketing—see ‘Marketing and opting out below;
2.1.6 Fraud prevention and detection;
2.1.7 Billing and order fulfilment;
2.1.8 Credit scoring and credit checking—see ‘Credit checking’ below;
2.1.9 Customising this website and its content to your particular preferences;
2.1.10 To notify you of any changes to this website or to our services that may affect you;
2.1.11 Security vetting;
2.1.12 Improving our services; and
2.1.13 Ensure that Customers can access the pages they are subscribed to.
3. Marketing and opting out
3.1 If you have given permission, we may contact you by mail, telephone, text/picture/video message, fax, or email about products, services, promotions, special offers, charitable causes, or surveys that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you can opt out at any time. See further ‘Your rights’, below.
4. Disclosure of your personal data
4.1 We may disclose your personal data to:
4.1.1 Our agents, service providers and regulatory authorities;
4.1.2 Credit reference agents—see ‘Credit checking’, below;
4.1.3 Law enforcement agencies in connection with any investigation to help prevent unlawful activity;
4.1.4 Our business partners in accordance with the ‘Marketing and opting out’ section above.
5. Keeping your data secure
5.1 We will use technical and organisational measures to safeguard your personal data, for example:
5.1.1 access to your account is controlled by a password and username that are unique to you
5.1.2 we store your personal data on secure servers
5.2 While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
6.1 We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
7. Credit checking
7.1 To enable us to make credit decisions about your company for fraud prevention and money laundering purposes, we may search the files of credit reference and fraud prevention agencies (who will record the search). We may disclose information about how you conduct your account to such agencies. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes. If you provide false or inaccurate information and we suspect fraud, we will record this.
8. Information about other individuals
8.1 If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
8.1.1 give consent on his/her behalf to the processing of his/her personal data;
8.1.2 receive on his/her behalf any data protection notices;
8.1.3 give consent to the transfer of his/her personal data abroad; and
8.1.4 give consent to the processing of his/her personal data and energy data for display on savenergyonline.stark.co.uk.
9. Your right
9.1 You have the right, subject to the payment of a small fee of £25.00, to request access to personal data that we may process about you. If you wish to exercise this right, you should:
9.1.1 Put your request in writing;
9.1.2 Include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill);
9.1.3 Attach a cheque in the amount of £10.00 made payable to Stark Software International Limited and
9.1.4 Specify the personal data you want access to, including any account or reference numbers where applicable.
9.2 You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:
9.2.1 Put your request in writing;
9.2.2 Provide us with enough information to identify you (e.g. account number, username, registration details); and
9.2.3 Specify the information that is incorrect and what it should be replaced with.
9.3 You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:
9.3.1 Put your request in writing to firstname.lastname@example.org with a header that says ‘Unsubscribe’;
9.3.2 Provide us with enough information to identify you (e.g. account number, username, registration details); and
9.3.3 If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone), please specify the channel you are objecting to.
10. Our contact details
10.1 We welcome your feedback and questions. If you wish to contact us, please send an email to email@example.com or you can write to us at Stark Software International Limited, Sentinel House, 10-12 Massetts Road, Horley, Surrey, RH6 7DE or call us on 01293 776747. Our registered office is as above.
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