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© Inkpact 2013–2023, All Rights Reserved. Terms of Service | Privacy Policy

Terms of Service

1. Introduction
  1. 1.1 Inkpact is a business-to-business supplier of personalised handwritten communications.
  2. 1.2 A registered user is a person who has registered to use our website at: Inkpact including our online service platform for registered user’s [known as ‘[Insert]’] (“Registered User”) in accordance with these Registered User Terms. Please read these Registered User Terms before creating an account
  3. 1.3 If you elect to create an account with us and become a registered user, the Registered User terms (Part 1) apply to your registered status:
  4. 1.3.1‘Sign-up and Go’: If you are a registered user who uses our Services on a ‘Sign-up and Go basis’ (i.e. without a Customer Contract or Framework Agreement), Part 1 (Registered User Terms) and Part 2 (Website Terms and Conditions of Service) apply to you. Words and expressions defined in the Website Terms and Conditions of Service have the same meanings in these Registered User Terms.
  5. 1.3.2Customer Contract: If you are a registered user who has a separate Customer Contract for our Services, Part 1 (Registered User Terms) and the terms of your Customer Contract apply to you. Words and expressions defined in your Customer Contract with Inkpact have the same meanings in these Registered User Terms.
  6. 1.3.3Framework Agreement: If you are a registered use who has a separate Framework Agreement for our Services, Part 1 (Registered User Terms) and the terms of your Framework Agreeement apply to you. Words and expressions defined in your Framework Agreement with Inkpact have the same meanings in these Registered User Terms.
  7. 1.4Inkpact may amend the Registered User Terms form time time. Unless we provide a delayed effective date, all amendments will be effective upon our publication of of such updated Registered User Terms. Your continued access to and use of our Website (including the Platform) after such posting constitutes your consent to be bound by such Registered User Terms, as amended.
  8. 1.5The Registered User Terms will not apply to consumers and we do not knowingly contract with consumers on these Registered User Terms. In order to become a Registered User you must:
  9. 1.5.1not be acting in your capacity as a consumer
  10. 1.5.2be an individual acting on behalf of a business and be of at least 18 years of age; and
  11. 1.5.3provide accurate information at registration and in all future interactions with us and with third parties, and all such information must be true, accurate, current and complete
  12. 1.6Upon duly completing the relevant registration process and creating a username and password, you will be registered as a registered user of the Website.
  13. 1.7Any personal data which is collected or stored by us, including arising out of the administration of your account as a registered user shall be subject to our Privacy Policy which is by this reference incorporated into and form part of these Registered User Terms.
2. Your Account
  1. 2.1You are solely responsible for holding and managing your account, including protecting the identity of your password and maintaining proper control and supervision of your account, and you are solely responsible for your use of our Website and for the use of our Website by anyone who uses our Website under your user account profile.
  2. 2.2If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Registered User Terms.
  3. 2.3If you know or suspect that anyone other than you knows your user identification code or password, you must immediately reset your username and/or password and notify us at: support@inkpact.com
  4. 2.4 Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. You may not, without our prior consent, create any additional accounts or multiple passwords whilst your original account is active. You may not create an additional account following suspension of an original account
  5. 2.5The Website is our private property. All interactions with the Website must be lawful and in compliance with these Registered User Terms at any time.
  6. 2.6You may not commit or attempt any fraud including deliberately submitting any inaccurate information or falsifying any information in connection with your use of the Website or your account, and if this occurs you are responsible for any and all losses and damages that we may suffer or incur as a result of your actions. We may also notify your internet service provider of any fraudulent activity we associate with you or your use of the Website or your account.
  7. 2.7If you breach these Registered User Terms or if we consider your conduct to be unacceptable in any way, including if you restrict or inhibit other users from using, accessing, or enjoying any part of our Website at any time, we may in our sole discretion immediately limit your privileges or suspend or close your account and, without prejudice to our other rights and remedies, we may cancel any of your pending, current or future credits and any un-redeemed certificates in your account.
  8. 2.8If your account is closed you may not join under a new account or re-enrol unless we formally invite you to do so. These Registered User Terms will survive any closure or termination of your account
3. General
  1. 3.1 If we modify our Website in a way that will significantly affect your use of the Website or any of our Services, we will notify you through the email address registered to your account and/or by posting a notice of such change on our Website. You agree to electronic communications and acknowledge that all contractual notices and other communications that we provide electronically comply with any requirement that they must be in writing. This does not affect your statutory rights.
  2. 3.2 We may from time to time provide additional services which your user identification and password for the Website will allow you to access should you wish to do so, which additional services may be under the ‘Inkpact’ name or the names of another of our branded services ("Additional Services"). Those Additional Services are, unless otherwise stated in the terms of those Additional Services, provided subject to these Registered User Terms and our Terms of Use and your access and use of any of those Additional Services constitutes your acceptance of the application of these Registered User Terms and our Terms of Use to those Additional Services and you agree to abide by them.
  3. 3.3 These Registered User Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

WEBSITE TERMS AND CONDITIONS OF SERVICE

1. Introduction
  1. 1.1Please be aware that these “Website Terms and Conditions of Service” (also referred to as “this Agreement”) only apply to registered users who do not have a separate ‘Customer Contract’ or ‘Framework Agreement’ with Inkpact (a “Sign-up and Go Customer”). Where a registered user has a Customer Contract or Framework Agreement with Inkpact, the terms of the Customer Contract or Framework Agreement (as applicable) shall apply at the exclusion of this Agreement.
  2. 1.2Subject to clause 1.1, this Agreement applies where a Sign-up and Go Customer wishes to obtain and Inkpact wishes to provide the Services. In order to submit an order for Services on the Website a Sign-up and Go Customer must become a Registered User and the Registered User Terms form part of this Agreement.
2. Interpretation
  1. 2.1 The following definitions and rules of interpretation apply in this Agreement
  2. Applicable Lawsall applicable laws, statutes and regulations from time to time in force which apply to the Services and this Agreement.
  3. Business Day: a day, other than a Saturday, Sunday or public holiday in England.
  4. Campaignunless otherwise agreed in writing by Inkpact, an order for the Services in relation to not less than 20 Note Cards.
  5. Change Orderhas the meaning given in clause 8.1
  6. Chargesthe chargesfor the Services which shall be calculated either as a cash amount or as a number of Credits in accordance with the Rate Card
  7. Controlhas the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control will be construed accordingly.
  8. Controller, processor, data subject, personal data, personal data breach, processing: as defined in the UK GDPR
  9. Creditsthe credits purchased by the Sign-up and Go Customer which can be exchanged for Services by placing an order for a Campaign in accordance with the terms of this Agreement.
  10. Credit Cyclehas the meaning given in clause 4.3.
  11. Data Protection Legislationall applicable data protection and privacy legislation in force from time to time in the UK including the UK retained version of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
  12. Deliverables(a) the provision of the Website with a suitable platform to allow the Sign-up and Go Customer to arrange its Campaign(s) including to submit recipient information; and (b) any output of the Services performed by Inkpact including the Note Cards in respect of a Campaign(s).
  13. Intellectual Property Rightspatents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  14. Note Card: a handwritten personal communication (each a “Note Card” and together the “Note Cards”).
  15. Note Card Pricethe price for the Services in respect of each Note Card as may be communicated to the Sign-up and Go Customer by Inkpact from time to time
  16. Sign-up and Go Customerhas the meaning given at clause 1.1
  17. Rate Cardmeans the document or list provided to you containing the prices and descriptions of the different types of Campaigns and the Charges for such Campaigns (as may be amended and updated by Inkpact from time to time) and for purchasing Credits.
  18. Registered Useras defined in the Registered User Terms.
  19. Sign-up and Go Customer Materials: all documents, data, information, items and materials in any form, whether owned by Sign-up and Go Customer, its Registered Users or a third party, which are provided by the Sign-up and Go Customer to Inkpact in connection with the Services, including the items provided pursuant to clause 6.1.3.
  20. Servicesthe services to be provided by Inkpact in relation to a Campaign including those set out at clause 5.1
  21. WebsiteInkpact’s website at www.inkpact.com.
  22. VATvalue added tax or any equivalent tax chargeable in the UK or elsewhere.
  23. 2.2A reference to:
  24. 2.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
  25. 2.2.2 a company includes any company, corporation or other body corporate, wherever and however incorporated or established;
  26. 2.2.3words in the singular will include the plural and in the plural will include the singular, unless the context requires otherwise;
  27. 2.2.4 one gender will include a reference to the other genders, unless the context requires otherwise;
  28. 2.2.5a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to and will include all subordinate legislation made from time to time under that statute or statutory provision;
  29. 2.2.6writing or written includes email but not fax;
  30. 2.2.7 references to the this Agreement or to the Website Terms and Conditons of Service or any other agreement or document referred to in this Agreement is a reference of this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time;
  31. 2.2.82.2.8 including or include or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.
  32. 2.3 Clause, Schedule and paragraph headings will not affect the interpretation of this Agreement.
  33. 2.4The Schedules form part of this Agreement and will have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
  34. 2.5This Agreement will be binding on, and enure to the benefit of, the Sign-up and Go Customer and their respective personal representatives, successors and permitted assigns, and references to any party will include that party's personal representatives, successors and permitted assigns.
  35. 2.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  36. 2.7 References to clauses and Schedules are to the clauses and Schedules of this Agreement and references to paragraphs are to paragraphs of the relevant Schedule.
3. Placing an Order
  1. 3.1A Sign-up and Go Customer can submit an order for Services via the Website. Each order submitted must be in respect of a Campaign.
  2. 3.2 At the point of submitting an order for a Campaign, Inkpact will notify the Sign-up and Go Customer of the Charges in respect of the Campaign in accordance with the Rate Card. The Sign-up and Go Customer can then elect to:
  3. 3.2.1 pay the Charges by cash, using a credit/debit card or any other current, valid and accepted method of payment available on the Website, at the point of submitting the order for the Campaign; or
  4. 3.2.2 allocate its pre-paid Credits in satisfaction of the Charges, provided the Sign-up an Go Customer has sufficient Credits available to pay for such Campaign.
4. Credits
  1. 4.1 At the point of submitting an order to purchase Credits, Inkpact will notify the Sign-up and Go Customer of the Charges in respect of such Credits in accordance with the Rate Card.
  2. 4.2 Where a Sign-up and Go Customer purchases Credits from Inkpact, Inkpact will allot such Credits to the Sign-up and Go Customer’s account. The Sign-up and Go Customer can choose how to use its Credits across the various Services available to the Sign-up and Go Customer via its account on the Website, by placing and order for a Campaign(s) and electing the option to pay by Credits described at clause 3.2.2.
  3. 4.3 Unless Inkpact communicate a different time period to the Sign-up and Go Customer, at the time of signing-up as a Registered User or otherwise, each Credit shall be valid for a period of three (3) months from the date which the Credit(s) are allotted to the Sign-up and Go Customer’s account (“Credit Cycle”).
  4. 4.4 Credits are to be solely used for Campaigns ordered during the Credit Cycle and have no cash value or other value outside the Website and are not redeemable for cash. The Sign-up and Go Customer may not transfer, trade, gift or otherwise exchange Credits.
  5. 4.5 Unused Credits expire at the end of each Credit Cycle, meaning that Credits which the Sign-up and Go Customer does not use during the Credit Cyle will not roll over into future months.
  6. 4.6 The Credits may be used by the Sign-up and Go Customer for any type of Campaign offered by Inkpact from time to time subject to the prices notified to the Sign-up and Go Customer by Inkpact. Inkpact reserves the right to modify, terminate or amend its offered Services and prices at any time.
5. Inkpact's Responsibilities
  1. 5.1Subject to the the terms of this Agreement, Inkpact shall provide the following “Services”:
  2. 5.1.1 allocate the Sign-up and Go Customer’s account with any Credits it purchases in accordance with clause 4;
  3. 5.1.2 use its best endeavours to make its Website and a suitable platform available to the Sign-up and Go Customer to allow the Sign-up and Go customer to submit details of its Campaign(s) and receipient information;
  4. 5.1.3 create the Note Cards requested in any Campaign(s) from time to time and deliver such Note Cards to the recipients in accordance with the delivery instructions provided by the Sign-up and Go Customer;
  5. 5.1.4 use reasonable endeavours to meet any performance dates specified on the Website, or requested by the Sign-up and Go Customer when submitting an order for a Campaign, but any such dates will be estimates only and time for performance by Inkpact will not be of the essence of this Agreement. For the avoidance of doubt, Inkpact shall not in any circumstance be responsible for any delay in the delivery of any Deliverables caused by the performance of any third party suppliers including any supplier (such as the Royal Mail) engaged to effect delivery of the Note Cards.
  6. 5.1.5 notify the Sign-up and Go Customer when all Note Cards forming part of a Campaign have been dispatched to the intended recipients; and
  7. 5.1.6 in performing its obligations under this Agreement, comply with Applicable Laws. Changes to the Services required as a result of changes to Applicable Laws will be agreed via the change control procedure set out in clause 8.
6. Registered Customer's Obligations
  1. 6.1 The Sign-up and Go Customer will
  2. 6.1.1 unless otherwise agreed in writing, ensure the address for all recipients of handwritten personalised communications will be in the UK, Isle of Man, Jersey or Guernsey. If Inkpact agrees to deliver handwritten personalised communications to addresses in other locations, additional delivery costs will apply;
  3. 6.1.2 co-operate with Inkpact in all matters relating to the Campaign and any other Services and Deliverables;
  4. 6.1.3 provide to Inkpact in a timely manner all documents, data, information, items and materials in any form (whether owned by the Sign-up and Go Customer or third party) requested by Inkpact and any other information otherwise reasonably required by Inkpact in connection with the Services and ensure that they are accurate and complete. Information shall include, but not be limited to: the titles, names and addresses of recipients of handwritten personalised communications, as well as the personalised message to be contained in the relevant communication;
  5. 6.1.4 obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable Inkpact to provide the Services; and
  6. 6.1.5 ensure that all recipient contact information provided to Inkpact is accurate and complete. Inkpact will not be responsible for checking any recipient information before dispatching handwritten communications.
  7. 6.2 If Inkpact's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Sign-up and Go Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Inkpact will be allowed an extension of time to perform its obligations equal to the delay caused by the Sign-up and Go Customer.
7. Non-solicitation
  1. 7.1 The Sign-up and Go Customer will not, without the prior written consent of Inkpact, at any time from the date of this Agreement to the expiry of 6 months after the termination of its account, solicit or entice away from Inkpact or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Inkpact in the provision of the Services.
  2. 7.2 Any consent given by Inkpact in accordance with clause 7.1 will be subject to the Sign-up and Go Customer paying to Inkpact a sum equivalent to 20% of the then current annual remuneration of Inkpact's employee, consultant or subcontractor or, if higher, 20% of the annual remuneration to be paid by the Sign-up and Go Customer to that employee, consultant or subcontractor.
8. Change Control
  1. 8.1 Either party may propose changes to the scope or execution of the Services but no proposed changes will come into effect until a Change Order has been signed by both parties. A Change Order will be a document setting out the proposed changes and the effect that those changes will have on:
  2. 8.1.1 the Services including any live Campaigns;
  3. 8.1.2 Inkpact’s existing Charges and/or the Sign-up and Go Customer’s Credits;
  4. 8.1.3 The timetable of the Services including any live Campaigns; and
  5. 8.1.4 any of the terms of this Agreement
  6. 8.2 If Inkpact wishes to make a change to any Services (incluing in respect of a particular Campaign) it will provide a draft Change Order to the Sign-up and Go Customer.
  7. 8.3 If the Sign-up and Go Customer wishes to make a change to the Services:
  8. 8.3.1 it will notify Inkpact and provide as much detail as Inkpact reasonably requires of the proposed changes, including the timing of the proposed changes; and
  9. 8.3.2 Inkpact will, as soon as reasonably practicable after receiving the information at clause 8.3.1, provide a draft Change Order to the Sign-up and Go Customer.
  10. 8.4 If the parties:
  11. 8.4.1 agree to a Change Order, they will sign it and that Change Order will amend this Agreement; or
  12. 8.4.2 are unable to agree a Change Order, either party may require the disagreement to be dealt with in accordance with the dispute resolution procedure in clause 29.
9. Charges and Payments for the Credits
  1. 9.1 Where a Sign-up and Go Customer purchases Credits, Inkpact will invoice the Sign-up and Go Customer for the cost of such Credits and will credit the Sign-up and Go Customer’s account with such Credits in accordance with clause 4.
  2. 9.2 The Sign-up and Go Customer will pay each invoice submitted to it by Inkpact in respect of Credits purchased within 30 days of receipt to a bank account nominated in writing by Inkpact from time to time.
  3. 9.3 Should the Sign-up and Go Customer dispute any invoice, it will notify Inkpact immediately and the parties will enter into good faith negotiations to resolve the dispute promptly.
  4. 9.4 Without prejudice to any other right or remedy that it may have, if the Sign-up and Go Customer fails to pay Inkpact any sum due under this Agreement on the due date:
  5. 9.4.1 the Sign-up and Go Customer will pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.4.1 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%;
  6. 9.4.2 Inkpact may cease applying any further Credits to the Sign-up and Go Customer’s account; and
  7. 9.4.3 Inkpact may suspend the Services (in whole or part) including in respect of any Campaigns ordered until such time that payment has be made in full.
  8. 9.5 All sums payable to Inkpact under this Agreement:
  9. 9.5.1 are exclusive of VAT, and the Sign-up and Go Customer will in addition pay any amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
  10. 9.5.2 will be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax required by law)).
10. Intellectual Property Rights
  1. 10.1 In relation to the Deliverables:
  2. 10.1.1 Inkpact and its licensors will retain ownership of all Intellectual Property Rights in the Deliverables, excluding the Registered Customer Materials;
  3. 10.1.2 Inkpact grants the Sign-up and Go Customer, or will procure the direct grant to the registered use, a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy and modify the Deliverables (excluding the Sign-up and Go Customer Materials) for the purpose of receiving and using the Services and the Deliverables; and
  4. 10.1.3 the Sign-up and Go Customer will not sub-license, assign or otherwise transfer the rights granted in clause 10.1.2
  5. 10.2 In relation to the Sign-up and Go Customer Materials, the Sign-up and Go Customer:
  6. 10.2.1 and its licensors will retain ownership of all Intellectual Property Rights in the Sign-up and Go Customer Materials;
  7. 10.2.2 grants Inkpact a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the Sign-up and Go Customer Materials for the purpose of providing the Services;
  8. 10.2.3 warrants that the receipt and use of the Sign-up and Go Customer Materials in the performance of this Agreement by Inkpact, its agents, subcontractors or consultants will not infringe the rights, including any Intellectual Property Rights, of any third party;
  9. 10.2.4will indemnify Inkpact in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Inkpact arising out of or in connection with any claim brought against Inkpact, its agents, subcontractors or consultants for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with, the receipt or use in the performance of this Agreement of the Sign-up and Go Customer Materials.
  10. 10.3 If the Sign-up and Go Customer uploads, shares or otherwise makes its logo, branding and/or trade marks available to Inkpact, including via Inkpact’s Website, for inclusion in any handwritten personalised communication:
  11. 10.3.1 the Sign-up and Go Customer grants to Inkpact a fully paid-up, non-exclusive, royalty-free, non-transferable licence to utilise such logo, branding and/or trademark for the purpose of providing the Services;
  12. 10.3.2 the Sign-up and Go Customer warrants that the receipt and use of its logo, branding and/or trade mark in the performance of this Agreement by Inkpact, its agents, subcontractors or consultants will not infringe the rights, including any Intellectual Property Rights, of any third party; and
  13. 10.3.3 the Registered User will indemnify Inkpact in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Inkpact arising out of or in connection with any claim brought against Inkpact, its agents, subcontractors or consultants for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with, the receipt or use in the performance of this Agreement of the Sign-up and Go Customer’s logo, branding and/or trade mark.
  14. 10.4 Inkpact will:
  15. 10.4.1 notify the Sign-up and Go Customer in writing of any claim against it in respect of which it wishes to rely on the indemnity at clause 10.2.4 or 10.3.3 (“IPRs Claim”);
  16. 10.4.2 allow the Sign-up and Go Customer, at its own cost, to conduct all negotiations and proceedings and to settle the IPRs Claim, always provided that the Sign-up and Go Customer will obtain Inkpact's prior approval of any settlement terms, such approval not to be unreasonably withheld;
  17. 10.4.3 provide the Sign-up and Go Customer with such reasonable assistance regarding the IPRs Claim as is required by the Sign-up and Go Customer, subject to reimbursement by Inkpact of Inkpact's costs so incurred; and
  18. 10.4.4 not, without prior consultation with the Sign-up and Go Customer, make any admission relating to the IPRs Claim or attempt to settle it, provided that the Sign-up and Go Customer considers and defends any IPRs Claim diligently, using competent counsel and in such a way as not to bring the reputation of Inkpact into disrepute.
11. Publicity
  1. 11.1 The Sign-up and Go Customer consents to Inkpact’s use of the Sign-up and Go Customer’s testimonials, case studies, name, branding, trade marks(s) and logo on Inkpact’s website, slide decks and other marketing materials for Inkpact’s marketing, advertising and promotional purposes.
  2. 11.2 If the Sign-up and Go Customer disapproves of any use by Inkpact of the Sign-up and Go Customer’s testimonials, case studies, name, branding, trademark(s) or logo, it will give written notice to Inkpact and the parties will use their best endeavours to work together to resolve the issue and agree any necessary changes to the use by Inkpact of the Sign-up and Go Customer’s testimonials, case studies, name, branding, trademark(s) or logo to the minimum extent possible to alleviate the Sign-up and Go Customer’s concerns.
12. Data Protection
  1. 12.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 12 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
  2. 12.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Sign-up and Go Customer is the controller and Inkpact is the processor.
  3. 12.3 This clause 12.3 sets out the scope, nature and purpose of processing by Inkpact, the duration of the processing and the types of personal data and categories of data subject:
  4. 12.3.1 Scope and purpose of processing: The scope and purpose of processing of personal data by Inkpact is limited to the processing required for its fulfilment of its obligations under this Agreement.
  5. 12.3.2 Nature of processing: Inkpact will receive the personal data described in clause 12.3.5 and access, use and store it in order to fulfil the purposes described in clause 12.3.1.
  6. 12.3.3 Duration of processing: The processing of personal data will be limited to the duration of this Agreement
  7. 12.3.4 Categories of data subject: Employees and representatives of the Sign-up and Go Customer and the recipients of handwritten personalised communications, as directed by the Sign-up and Go Customer.
  8. 12.3.5 Types of personal data: The titles, names and addresses recipients of handwritten personalised communications, as well as the personalised message to be contained in the relevant communication. Titles, names and email addresses of the employees and representatives of the Sign-up and Go Customer. Any other categories of personal data which the Sign-up and Go Customer makes available to Inkpact from time to time.
  9. 12.4 Without prejudice to the generality of clause 12.1, the Sign-up and Go Customer will ensure that:
  10. 12.4.1 it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to Inkpact for the duration and purposes of this Agreement;
  11. 12.4.2 it is not in breach (and will not place Inkpact in breach) of the Data Protection Legislation or any other Applicable Laws in requesting Inkpact to send personalised handwritten communications to particular recipients.
  12. 12.4.3 Without prejudice to the generality of clause 12.1, Inkpact will, in relation to any personal data processed in connection with the performance by Inkpact of its obligations under this Agreement:
  13. 12.4.4 process that personal data only on the documented written instructions of the Sign-up and Go Customer as set out in this Agreement unless Inkpact is required by the Applicable Laws to otherwise process that personal data. Where Inkpact is relying on the Data Protection Legislation as the basis for processing personal data, Inkpact will promptly notify the Sign-up and Go Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Inkpact from so notifying the Sign-up and Go Customer;
  14. 12.4.5 ensure that it has in place appropriate technical and organisational measures, Sign-up and Go Customer, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
  15. 12.4.6 ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
  16. 12.4.7 save as provided by this clause 12, not transfer any personal data outside of the UK unless prior written consent of the Sign-up and Go Customer has been obtained and the following conditions are fulfilled:
  17. (a) the Sign-up and Go Customer or Inkpact has provided appropriate safeguards in relation to the transfer (such as the European Commison approved Standard Contractual Clauses (SCCs) for transfers of Personal Data outside the UK where there is no adequacy decision);
  18. (b) the data subject has enforceable rights and effective legal remedies;
  19. (c) Inkpact complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
  20. (d) Inkpact complies with reasonable instructions notified to it in advance by the Sign-up and Go Customer with respect to the processing of the personal data;
  21. 12.4.8 assist the Sign-up and Go Customer, at the Sign-up and Go Customer's cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  22. 12.4.9 notify the Sign-up and Go Customer without undue delay on becoming aware of a personal data breach;
  23. 12.4.10 at the written direction of the Sign-up and Go Customer, delete (subject to clause 12.6) or return personal data and copies thereof to the Sign-up and Go Customer on termination of this Agreement unless required by Applicable Law to store the personal data; and
  24. 12.4.11 maintain complete and accurate records and information to demonstrate its compliance with this clause 12 and allow for audits by the Sign-up and Go Customer or the Sign-up and Go Customer's designated auditor and immediately inform the Sign-up and Go Customer if, in the opinion of Inkpact, an instruction infringes the Data Protection Legislation.
  25. 12.5 Notwithstanding clause 12.5.7, the Sign-up and Go Customer acknowledges and agrees that it is responsible for deleting the data (including Personal Data) it uploads to Inkpact’s platform via Inkpact’s website when such data (including Personal Data) is no longer required to be utilised by Inkpact in connection with its performance of the Services. However, where the Sign-up and Go Customer has not carried out such action Inkpact will securely delete or destroy or, if directed in writing by the Sign-up and Go Customer, return and not retain, all or any of the Personal Data related to this Agreement in its possession or control within 10 working days of termination or expiry of of this Agreement.
  26. 12.6 The Sign-up and Go Customer consents to Inkpact entering into standard contractual model clauses approved by the European Commission in the Sign-up and Go Customer’s name and on the Sign-up and Go Customer’s behalf with Inkpact’s Indian IT service provider, Tarral Softtech.
  27. 12.7 The Sign-up and Go Customer consents to Inkpact appointing its scribes and writers (in the UK and US), IT service providers (in the UK and US), software developers (in the UK and India), logistics and delivery service providers (in such territories where delivery is required), professional advisors (in the UK and US) and any other service provider engaged by Inkpact to enable it to perform the Services, as third party processors of Personal Data under this Agreement. Inkpact confirms that it has entered or (as the case may be) will enter with the third party processors into a written agreement incorporating terms which are substantially similar to those set out in this clause 12 and which Inkpact confirms reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the Sign-up and Go Customer and Inkpact, Inkpact will remain fully liable for all acts or omissions of any third party processor appointed by it pursuant to this clause 12.
13. Confidentiality
  1. 13.1 Each party undertakes that it will not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 13.2.
  2. 13.2 Each party may disclose the other party's confidential information:
  3. 13.2.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party will ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 12; and
  4. 13.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  5. 13.3 No party will use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
14. Limitation of Liability
  1. 14.1 Nothing in this Agreement limits any liability which cannot legally be limited, including (without limitation) liability for:
  2. 14.1.1 death or personal injury caused by negligence;
  3. 14.1.2 fraud or fraudulent misrepresentation; and
  4. 14.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  5. 14.2 Subject to clause 14.1, Inkpact's total liability to the Sign-up and Go Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be limited to an aggregate amount equal to the Charges paid or payable by the Sign-up and Go Customer in respect of the Services for the Campaign in respect of which the breach (or series of breaches) giving rise to the liability occurred.
  6. 14.3 The following types of loss are wholly excluded by the parties:
  7. 14.3.1 loss of profits;
  8. 14.3.2 loss of sales or business;
  9. 14.3.3loss of agreements or contracts;
  10. 14.3.4 loss of anticipated savings;
  11. 14.3.5 loss of use or corruption of software, data or information;
  12. 14.3.6 loss of or damage to goodwill;
  13. 14.3.7 indirect or consequential loss.
  14. 14.4 Inkpact has given commitments as to compliance of the Services with relevant specifications in clause 5. In view of these commitments, the terms implied by sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
  15. 14.5 Unless the Sign-up and Go Customer notifies Inkpact that it intends to make a claim in respect of an event within the notice period, Inkpact will have no liability for that event. The notice period for an event will start on the day on which the Sign-up and Go Customer became, or ought reasonably to have become, aware of the event having occurred and will expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail
  16. 14.6 Termination
  17. 14.7 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
  18. 14.7.1 the other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified in writing to do so;
  19. 14.7.2 the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
  20. 14.7.3 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
  21. 14.7.4 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
  22. 14.7.5 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
  23. 14.7.6 an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
  24. 14.7.7 the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
  25. 14.7.8 a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
  26. 14.7.9 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;
  27. 14.7.10 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.1.3 to clause 15.1.9 (inclusive); or
  28. 14.7.11 the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
  29. 14.8 Without affecting any other right or remedy available to it, Inkpact may terminate this Agreement with immediate effect by giving written notice to the Sign-up and Go Customer if:
  30. 14.8.1 the Sign-up and Go Customer commits any act which causes Inkpact’s name to be brought into disrepute, contempt, scandal or ridicule;
  31. 14.8.2 the Sign-up and Go Customer fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 7 days after being notified to make such payment; or
  32. 14.8.3 there is a change of control of the Sign-up and Go Customer.
15. Consequences of Termination
  1. 15.1 On termination of this Agreement:
  2. 15.1.1 the Sign-up and Go Customer will immediately pay to Inkpact all of Inkpact's outstanding unpaid invoices and interest and, in respect of the Services supplied or Credits applied to the Sign-up and Go Customer’s account but for which no payment has been made or no invoice has been submitted, Inkpact may submit an invoice, which will be payable immediately on receipt;
  3. 15.1.2 Inkpact will on request return any of the Sign-up and Go Customer Materials not used up in the provision of the Services;
  4. 15.1.3 the Sign-up and Go Customer will delete any data (including Personal Data) it uploads to Inkpact’s Website; and
  5. 15.1.4 the following clauses will continue in force: clause 2, clause 7, clause 9, clause 13, clause 14, clause 15, clause 20, clause 22, clause 24, clause 29, clause 30 and clause 31.
  6. 15.2 Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
16. Force Majeure
  1. 16.1 “Force Majeure Event” means any circumstance not within a party's reasonable control including, without limitation:
  2. 16.1.1 acts of God, flood, drought, earthquake or other natural disaster;
  3. 16.1.2 epidemic or pandemic;
  4. 16.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
  5. 16.1.4 nuclear, chemical or biological contamination or sonic boom;
  6. (a) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
  7. 16.1.5 collapse of buildings, fire, explosion or accident;
  8. 16.1.6 non-performance, strike or service failure of or in relation to delivery providers or couriers instructed by Inkpact;
  9. 16.1.7 non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause 17); and
  10. 16.1.8 interruption or failure of utility service.
  11. 16.2 Provided it has complied with clause 17.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (“Affected Party”), the Affected Party will not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations will be extended accordingly.
  12. 16.3 The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
  13. 16.4 The Affected Party will:
  14. 16.4.1 as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under this Agreement; and
  15. 16.4.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
  16. 16.5 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 8 weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving 4 weeks’ written notice to the Affected Party.
17. Assignment and Other Dealings
  1. 17.1 This Agreement is personal to the Sign-up and Go Customer and the Sign-up and Go Customer will not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
  2. 17.2 Inkpact may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this Agreement.
18. Variation
  1. Subject to clause 8 (Change control), no variation of this Agreement will be effective unless it is in writing and signed by the parties (or their authorised representatives).
19. Waiver
  1. 19.1 A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and will not be deemed a waiver of any subsequent right or remedy
  2. 19.2 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law will not constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law will prevent or restrict the further exercise of that or any other right or remedy.
20. Rights and Remedies
  1. The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
21. Severance
  1. 21.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of this Agreement.
  2. 21.2 If any provision or part-provision of this Agreement is deemed deleted under clause 22.1 the parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
22. Entire Agreement
  1. 22.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  2. 22.2 Each party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
23. Conflict
  1. If there is an inconsistency between any of the provisions of this Agreement and the provisions of the Schedules, the provisions of this Agreement will prevail.
24. No Partnership or Agency
  1. 24.1 Nothing in this Agreement is intended to, or will be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
  2. 24.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
25. Third Party Rights
  1. 25.1 Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
26. Notices
  1. 26.1 Any notice given to a party under or in connection with this Agreement will be in writing and will be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
  2. 26.2 Any notice will be deemed to have been received if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address and if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
  3. 26.3 This clause 27 does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  4. 26.4 A notice given under this Agreement is not valid if sent by email.
27. Counterparts
  1. This Agreement may be executed in any number of counterparts, each of which when executed will constitute a duplicate original, but all the counterparts will together constitute the one agreement.
28. Multi-tiered Dispute Resolution Procedure
  1. 28.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (“Dispute”) then except as expressly provided in this Agreement, the parties will follow the procedure set out in this clause 29.1:
  2. 28.1.1 either party will give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Sign-up and Go Customer and Inkpact will attempt in good faith to resolve the Dispute;
  3. 28.1.2 if the Sign-up and Go Customer and Inkpact are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Dispute will be referred to a director (or person of similar seniority and authority) the Sign-up and Go Customer and Inkpact who will attempt in good faith to resolve it; and
  4. 28.1.3 if the directors (or persons of similar seniority and authority) of both parties are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 14 days after the date of the ADR notice.
  5. 28.2 The commencement of mediation will not prevent the parties commencing or continuing court proceedings in relation to the Dispute under clause 31 which will apply at all times.
  6. 28.3 If the Dispute is not resolved within 40 days after service of the ADR notice, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period of 14 days, or the mediation terminates before the expiration of the said period of 14 days, the Dispute will be finally resolved by the courts of England and Wales in accordance with clause 31.
29. Governing Law
  1. 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 will be governed by and construed in accordance with the law of England and Wales.
30. Jurisdiction
  1. Each party irrevocably agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

Privacy Policy

Introduction
  1. Welcome to Inkpact’s privacy notice.
    This privacy notice (together with our Website terms of use) describes how we collect and use personal information about you, in accordance with Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 which merge the previous requirements of that Act with the requirements of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”) and any other data protection and privacy laws and regulations applicable to us or to our processing of your personal information (“Data Protection Legislation”).
    Please read the following information carefully to understand our practices regarding how we handle information we learn about you form your visit to our website.
  2. 1. WHO ARE WE?
    2. THE DATA WE COLLECT ABOUT YOU
    3. HOW IS YOUR PERSONAL DATA COLLECTED
    4. HOW WE USE YOUR PERSONAL DATA
    5. DISCLOSURES OF YOUR PERSONAL DATA
    6. INTERNATIONAL TRANSFERS
    7. DATA SECURITY
    8. DATA RETENTION
    9. YOUR LEGAL RIGHTS
    10. GLOSSARY
1. Who are We?
  1. Controller Inkpact Marketing Limited is the controller and responsible for your personal data (collectively referred to as "Inkpact", "we", "us" or "our" in this privacy notice).
    We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.
  2. Contact Details If you have any questions about this privacy notice or our privacy practices, please contact our data privacy manager in the following ways:
  3. Full name of legal entity: Inkpact Marketing Limited
  4. Name of data privacy manager: Andrew Martin
  5. Email address: privacy@inkpact.com
  6. Postal address: Inkpact Marketing Limited, 20 Air Street, London, W1B 5AN.
  7. Telephone number: 02381 103192
  8. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the regulator in the United Kingdom (UK) for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance
  9. Changes to the Privacy Notice and Your Duty to Inform Us of Changes
  10. We keep our privacy policy under regular review. This version was last updated in October 2021 and historic versions can be obtained by contacting us.
  11. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
  12. Third-party Links
  13. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The Data We Collect About You
  1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
  2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
  3. 1 Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  4. 2 Contact Data includes billing address, delivery address, email address and telephone numbers.
  5. 3 Financial Data includes bank account and payment card details.
  6. 4 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  7. 5 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  8. 6 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  9. 7 Usage Data includes information about how you use our website, products and services.
  10. 8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  11. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
  12. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
  13. If You Fail to Provide Personal Data
  14. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How Is Your Personal Data Collected?
  1. We use different methods to collect data from and about you including through:
  2. · Direct interactionsYou may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  3. 1 apply for our products or services;
  4. 2 create an account on our website;
  5. 3 subscribe to and use our service or publications including subscription services;
  6. 4 request marketing to be sent to you;
  7. 5 enter a competition, promotion or survey; or
  8. 6 give us some feedback.
  9. Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy https://inkpact.com/cookie-policy/ for further details.
  10. Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  11. a) Technical Data from analytics providers, such as Google Analytics and Zendesk based outside the UK, to collect standard internet log information about and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of our website. This information is processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be upfront about this. We will make it clear when we collect personal information and will explain what we intend to do with it. For more information about how Google Analytics processes data, please see https://policies.google.com/privacy/partners?hl=en-GB&gl=uk. For more information about how Zendesk processes data, please see https://www.zendesk.co.uk/company/privacy-and-data-protection/
  12. b) Contact, Financial and Transaction Data from providers of technical and payment services based inside the UK.
  13. c) Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the UK.
  14. d) Identity and Contact Data from publicly availably sources such as LinkedIn, Facebook, Twitter and various search engine search results.
4. How We Use Your Personal Data
  1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
  2. 1 Where we need to perform the contract we are about to enter into or have entered into with you.
  3. 2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  4. 3 Where we need to comply with a legal or regulatory obligation
  5. Please see below to find out more about the types of lawful basis that we will rely on to process your personal data.
  6. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time.
  7. Purposes for Which We Will Use Your Personal Data
  8. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. If you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) that may be of interest to you
To make suggestions and recommendations to you about goods or services (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
  • Marketing
  • We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Once you have set up an Inkpact Account, you can log in to your Inkpact Account at any time where you can view and make certain decisions about your personal data use.
  • Promotional Offers From Us
  • We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
  • You will receive marketing communications from us if you have requested information from us, purchased goods or services from us, provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
  • Third-party Marketing We will get your express opt-in consent before we share your personal data with any company outside the Inkpact for marketing purposes.
  • Opting Out You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you. br>Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
  • Cookies You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see [https://inkpact.com/cookie-policy/]
  • Change of PurposeWe will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please refer to the above paragraph entitled “Purposes for Which We Will Use Your Personal Data” above or contact us.
    If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
    Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
  • 5. Disclosures of Your Personal Data
    1. We may have to share your personal data with the parties set out below for the purposes set out in the table at point 4 above.
    2. 1. External Third Parties as set out in the Glossary at the end of this document
    3. 2. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
    4. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
    6. International Transfers
    1. Some of our external third parties are based outside the UK so their processing of your data will involve a transfer of data outside the UK.
      Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
    2. 1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data through Adequacy Regulations made under Section 17A of the Data Protection Act 2018.
    3. 2. • Where we use certain service providers, we may use specific contracts approved by the Information Commissioner’s Office which give personal data the same protection it has in the UK.
    4. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
    7. Data Security
    1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
      We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
    8. Data Retention
    1. How Long Will You Use My Personal Data For?
    2. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
      By law, for tax purposes, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 7 years after they cease being customers.
      In some circumstances you can ask us to delete your data: see “Request erasure” below for further information.
      In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
    9. Your Legal Rights
    1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
    2. 1 Request access to your personal data.
    3. 2 Request correction of your personal data.
    4. 3 Request erasure of your personal data.
    5. 4 Object to processing of your personal data.
    6. 5 Request restriction of processing your personal data
    7. 6 Request transfer of your personal data.
    8. 7 Right to withdraw consent.
    9. If you wish to exercise any of the rights set out above, please contact us.
    10. No Fee Usually Required You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
    11. What We May Need From You We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
    12. Time Limit to RespondWe try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
    10. Glossary
    1. Lawful Basis
    2. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
    3. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
    4. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
    5. Third Parties
    6. External Third Parties We work with third-party partners who help us perform the services and to provide and improve our products. Here are the types of third parties that we share information with:
    7. - Service providers based in the UK and India who provide development services for the products and services.
    8. - Service providers such as scribes and writers who are based in: (a) the UK for products ordered in the UK and Internationally; and (b) the United States of America (USA) for orders in the USA and Internationally, who provide handwriting services for our products and services.
    9. - Service providers based in the UK and USA who provide development services for the products, as well as marketing consulting, copywriting, web design and office management services.
    10. - Service providers based in the UK and the USA who provide printing services.
    11. - Service providers such as Microsoft Sharepoint and Zendesk based in the USA who provide browser-based collaboration, document management platforms and online communication services and customer relationship manager software services.
    12. - Service providers (such as Royal Mail based in the UK) and other third parties who provide mailing and delivery services.
    13. - Professional advisers including lawyers, bankers, auditors and insurers based in the UK and USA who provide consultancy, banking, legal, insurance and accounting services.
    14. - HM Revenue & Customs, regulators and other authorities based in the UK who require reporting of processing activities in certain circumstances.
    15. - Third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place. Our current IT and document storage providers are:
    16. Taral Softtech (a proprietory company registered in India), India
    17. Twilio, USA
    18. Typeform, USA
    19. Microsoft, UK and USA
    20. Zapier, USA
    21. Google, USA
    22. Zendesk, USA and Europe
    23. Send Grid, USA
    24. Hubspot, USA
    25. Harding Poorman, USA
    26. Your Legal Rights
    27. 1. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    28. 2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    29. 3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    30. 4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
    31. 5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    32. 6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
    33. 7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.