Privacy Policy & Terms of Service

Build Work Smart Terms of Service

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Build Work Smart Terms of Service

These Terms of Service govern your use of the buildworksmart.com platform and all services connected to the buildworksmart.com platform, including, but not limited to the CRM software products, websites, related mobile application and all integrations, provided by Build Work Smart Ltd.

Acceptance of Terms

This Terms of Service document is an agreement you must accept in order to use buildworksmart.com’s services. This is a legal agreement (“Agreement”) between You and Build Work Smart Ltd. trading as buildworksmart.com (“Company”), for use of any of the Buildworksmart.com services which You selected or initiated. “You” refers to the individual who registered and/or provided in the buildworksmart.com website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then “You” refers to such entity.

If you are entering into this TOS agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these TOS In that case, the terms or shall also refer to such entity, its staff and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and buildworksmart.com, even though it is electronic and is not physically signed by you and buildworksmart.com, and it governs your use of the Service.

Violation of any of the terms of service may result in the termination of your account.

Services

The Company may at its sole discretion modify the features of the Services from time to time without prior notice. buildworksmart.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that buildworksmart.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

If any users send us any feedback or suggestions regarding the Service, you grant buildworksmart.com an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Access To the Services

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify buildworksmart.com of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

You may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the United Kingdom or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Your Content and Data

We claim no intellectual property rights over the data and material you provide to the Service. All materials uploaded remain yours.

“Data” means any data and content you upload, post, transmit or otherwise made available via the Services including messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into the Service. buildworksmart.com will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

In order for us to provide services to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and your colleagues, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission allowing us to use third-party service providers (for example the Hosting provider) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders. The Company will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.

The Company will also not view the Data provided by you except when given permission by you for the purpose of support.

You agree that buildworksmart.com may include your business name in a list of buildworksmart.com customers online, in print and electronic marketing materials in an appropriate fashion. If you’d prefer to not have your details included please email us at contact@buildworksmart.com

Conduct On buildworksmart.com

You may not use the buildworksmart.com Platform to:

You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.

We reserve the right to terminate any account that is in breach of these terms.

Billing

You are not obligated to purchase any of the Services. If You elect to purchase Service packages or additional Services, you may elect to provide a credit card or other payment mechanism selected by You.

You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account (“Your Account”) and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to the Company at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins.

Prices of all Services are subject to change at any time. The company will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to the Buildworksmart.com website or the Service itself.

All payments authorized by you into your account are final. There is no refunding of your account regardless of whether you use the Services or not.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify Buildworksmart.com to the extent that Buildworksmart.com incurs any obligations or other liabilities in connection with such taxes.

You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through your Account, the Company may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

Changing Your Service Level

Some services provided by Buildworksmart.com allow you to upgrade or downgrade your service levels.

If you upgrade your service level from one package to a higher priced package, the Company will charge you thus: If you pay monthly, your first payment will be the difference between the higher priced package and your current package price, whereby monies received by Company for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher package price.

If you purchase or upgrade additional services that are charged on a monthly basis, your first payment for those additional services will be the price of the additional services pro-rated based on the actual number of days until your next monthly payment date. Your scheduled monthly payment date will remain the same as your initial purchase date, with the full price of the additional services reflected in subsequent monthly charges. If you purchase additional services that are charged on an annual basis, your first payment for those additional services will be the full price of the additional service. The renewal date for such annual additional services will be the date of upgrade the subsequent year.

There are limited package downgrade options available and no refunds. Subscribers that wish to move from a higher priced package to a lower priced package must let the current service level expire then repurchase at the desired service level (or use the Free version if available).

Subscribers that wish to remove additional services from their account must let the current additional services expire first then repurchase any desired additional services. No refunds are available.

Cancellation Of Account

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by accessing the subscription settings panel in your settings page. PLEASE NOTE: This does not apply to Enterprise accounts.

All of your content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.

The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Abuse of Features

The features made available through the Buildworksmart.com services are intended for the normal use of the software. Abuse of features may result in a ban or removal of service. (E.g: Do not use reply-by-email address in automated systems such as Google Alerts etc. Do not auto-direct emails to a specific reply-by-email Buildworksmart.com email address) RSS feeds used where Buildworksmart.com data is published publicly may be disabled. RSS feeds are intended for private consumption only.

In extreme cases, we reserve the right to temporarily suspend your account if your usage significantly exceeds the average usage of other Service customers and/or there’s a danger that your usage of the services is causing disruption to other users. We’ll always attempt to reach out to the account owner before taking any action except in rare cases where the level of use may negatively, immediately impact the performance of the Service for other customers.

No Reselling or Use Outside of Permitted Terms

Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between you and the Company, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.

Use Of Third-Party Applications And API Access

If you elect to utilize any third-party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third-party application provider utilizes your Content and other information, you should review their privacy policy.

You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Proprietary Rights

The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

Governing Law

These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.

Disclaimer limitation of liability

Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our service and the internet. Any and all services provided by us to you are provided “As is”, Without warranty of any kind. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement and all warranties that May arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server (s) on which our website is hosted or our materials are free of viruses or other harmful components. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.

Limitation of liability. In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified parties”) , Be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials. Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.

Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our Support page of the website with, if possible, a description of the material to be checked and the location (url) where such material can be found on our website.

If you have any questions regarding this agreement or if you wish to discuss the terms of service contained herein please contact buildworksmart.com limited using the contact details at our Contact page.

Refund policy

If you use the free version of Buildworksmart.com, you will never be charged. However, you can upgrade your account at any time

You can also select a 30-day trial version when you sign up for any of the paid accounts If you cancel within this 30-day trial, you will not be charged We do not ask for payment details to start a 30-day trial

When your 30-day free trial period expires, you will be asked to create a paid subscription on the Subscription page of your Buildworksmart.com installation to continue using the paid service You will be charged monthly approximately 30-days from the date you make the first payment

If you decide not to continue on the plan you picked for your 30-day trial, your account will automatically be downgraded to the free account which you can use forever without charge

To cancel your subscription on a paid plan, you must cancel your PayPal Subscription from within PayPal. Once your PayPal account has been cancelled, your monthly payment will be cancelled You can cancel your account at any time simply by logging in, going to the Subscription page and clicking the ‘Cancel my account’ link

If you opt to pay once a year in advance, there is no part refund if you decide to stop using your account during the year. Once you pay for a year upfront your account will be live for 12 months. After the 12 months you can either re-new for a whole year, pay month by month, or drop to a free account.

GDPR

What is the GDPR?

The General Data Protection Regulation (GDPR) was introduced to harmonize data privacy laws across Europe, to protect the data privacy of all EU citizens’ data, and to shape the way organizations across the region approach data privacy. GDPR replaced the Data Protection Directive 95/46/EC and it came into force on May 25th, 2018. The full text of the GDPR can be found here.

GDPR significantly increased the responsibilities for organizations and businesses in how they collect, use, and protect personal data. At the centre of the new law is the requirement for organizations and businesses to be fully transparent about how they are using and protecting personal data, and to be able to demonstrate accountability for their data processing activities.

Why we welcome GDPR at Buildworksmart.com

At Buildworksmart.com, we understand the importance of putting privacy and data protection in the hands of our customers, so we are fully in compliance with the GDPR. We have carefully examined the relevant provisions of the GDPR and we closely followed applicable GDPR guidance issued by regulatory authorities. The GDPR strengthens individuals’ privacy rights through tighter controls over the processing of their personal data, significant expansion of their rights over their data, and increased transparency into the nature, purpose, and use of it. In our eyes, GDPR is a good thing.

Buildworksmart’s commitment to GDPR compliance

In preparation for GDPR, we formed a core team of leaders from each area of Buildworksmarts business, coordinated by our internal Data Protection Officer (DPO). The representatives in this group were charged with ensuring that all the requirements of GDPR were addressed across all teams.

What steps did we take in preparation for GDPR?

Data collection and processing audit

We reviewed all Buildworksmart activities and all of our product suite to identify where we are collecting and processing customer data. Based on this, we validated our legal basis for collecting and processing that personal data. We also ensured that we are applying the appropriate safeguards across our entire infrastructure (both hardware and software) to fully protect this data.

Third-party vendors audit

We completed an audit of all third party vendors and validated their GDPR compliance. All vendor agreements were in place by 25th May.

Updated Terms of Service and Privacy Policy

We have updated our Terms of Service and Privacy Policy. These updated versions clearly outlined what personal data we’re collecting and processing, why, how we use it, who we share it with, and how long we store it for. As always, we aim to keep the language in our Terms of Service and Privacy Policy as clear as possible.

Data access, portability, and deletion

We know that you’ll want to provide the same level of GDPR compliance to your customers as we do to you. We made it easy to support your customers and give them the ability to access, handle, and delete their personal data. Because we operate on a self-service basis, you’ll always have full control over your own data, including autonomy in how you process your customers’ information. We also ensure that all of your data – and your customers’ data – is easily exportable in a commonly used and computer readable format.

Breach management

As part of our HIPAA compliance, we already have management and communication processes in place in the unlikely event of a data breach; we’ve updated these to further comply with the GDPR regulations.

We’re here to help

We know that navigating GDPR can seem daunting, but we’re here to help. If you have any questions or concerns regarding how we protect your personal data, please don’t hesitate to reach out to us at gdprbuildworksmart.com.

Privacy policy

Business Privacy Policy

This privacy policy sets out how Buildworksmart.com and any related products, services, apps or integrations uses and protects any information that you provide when you use our products Buildworksmart, Desk, Spaces, CRM, any of our mobile or desktop app offerings and all of our integrations with third party apps and services.

Buildworksmart.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using our products, then you can be assured that it will only be used in accordance with this privacy statement. This policy is effective from 25th May 2018.

What we collect

We may collect certain information that we need in order to provide you with the business service and products that you receive from us. The information may include the following:

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Additional Limits on Use of Your Google User Data: Notwithstanding anything else in this Privacy Policy, if you provide the App access to the following types of your Google data, the App’s use of that data will be subject to these additional restrictions:

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

For more information on our use of cookies, please read our Cookie Policy.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at privacybuildworksmart.com. We will promptly correct any information found to be incorrect.

Privacy statement

What is a Privacy Statement and Why is It Important

We know your personal information is important to you and it is also important to Buildworksmart.com. This Privacy Statement tells you what we use your personal information for and explains your rights around how we use it. Please read this Privacy Statement to understand how and why we use your personal information.

If you give us personal information about someone else, please make sure you have their permission and please make them aware of this Privacy Statement as it also applies to them.

Who Controls Your Information

For the purposes of the applicable data protection legislation, Digital Crew Limited t/a Buildworksmart.com is the data controller. You will find our contact details in the Contact us section below.

Information We May Collect and Process

We may collect and process the following categories of data:

Information you give us

Cookies

For more information on our use of cookies, please read our Cookie Policy.

We may also process other information, which is not personal data within the meaning of data protection law.

Why We Collect and Process Your Information

Without collecting and using the information you provide to us or we obtain about you, it would not be possible for us to provide you with our products and/or services.

We use information held about you in the following ways:

Information you give to us. We will use this information:

Information we collect about you. We will use this information:

We must have lawful basis to collect and use your personal information, the below sets these out:

Needed for your contract. Personal information about you and other users registered to under the same subscription plan is held and used to:

Required by law: We use your personal information to comply with any law and regulations where we are required to do so.

Our legitimate interest: We use your personal information for our legitimate interests as shown below. We have taken account of any privacy risks and ensured that your data protection rights are not affected. We believe these uses benefit our customers. If you have any questions please contact us at privacybuildworksmart.com.

With your consent: For certain of our uses, we rely on your consent to collect and use your personal information. You are given the choice to provide consent or not. When we collect your consent, we explain what we need it for and how you can change your mind in the future.

Who We Share Your Personal Information With

We may share your information with selected third parties including:

If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

We may disclose your personal information to third parties:

Data Retention Periods

It is our aim to only hold your data for as long as this is necessary. While you continue as a customer with us we will retain your data as detailed above in this statement. The retention period will be 24 months from the date of termination of our terms of service. We have a high number of customers who re-engage with our service after a period of absence from the end of their contract. This retention period allows for the data to be reused where necessary. However, you can request that your Data is deleted at any time within this period. We will respond to your request and complete the full deletion within 30 days.

Specific legal periods are in place for payments details, tax and invoicing data, and this would be retained in accordance with the law (which is currently six years).

Security

We are committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorised access and use. For more detailed and technical information please see our Security Page.

As effective as modern security practices are, no physical or electronic security system is entirely secure. The transmission of information via the internet is also not completely secure. We cannot guarantee the complete security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We will continue to revise policies and implement additional security features as new technologies become available.

Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to us. Any transmission of data is at your own risk. Once we receive your personal data, we use appropriate security measures to seek to prevent unauthorised access.

Where Your Data Is Stored

We store your information in locations within the EU. Physical files are stored in secured premises at our business address. Electronic files are stored on secure servers or in the cloud. We use cloud solutions for web hosting or proprietary software solutions delivered through the Cloud. Your data will not be transferred between our servers without your permission.

Your Rights

As an individual, under EU law you have the right to request that we:

Where we process your data solely on the basis of your consent, you are entitled to withdraw your consent at any time. This will not affect the lawfulness of our processing before the withdrawal.

You also have the right to lodge a complaint with the Data Protection Commission at any time.

The exercise of your rights might be subject to certain conditions and we might require further information from you before we can respond to your request.

You may exercise your rights by contacting our Data Protection Officer at the address or e-mail address provided below.

Changes to This Statement

We reserve the right to change this Statement from time to time in our sole discretion. If we make any changes, we will publish those changes on our website. At the bottom of this document you will find the date on which this Statement was last updated.

Contact Us

Questions, comments, requests and complaints regarding this Statement and the information we hold are welcome and should be addressed to us at privacy@buildworksmart.com. We endeavour to deal with all requests promptly and efficiently.

Data Protection Officer, Costin Serban, privacy@buildworksmart.com, Business Address – Buildworksmart.com, Buildworksmart [Address here], Telephone number +44054544545

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