Certified Open – Website Terms of Use and Privacy Policy

Your use of this website (the “Site”) operated by Certified Open Ltd (“Certified Open”) is subject to the Website Terms of Use (the “Terms”) and Privacy Policy set forth below.

Visitors to the Site are bound by the Terms and we process your information in accordance with the Privacy Policy, so please read this page carefully before continuing to use the Site. If you do not agree with any provision of the Terms or the Privacy Policy, please do not use the Site. If you use the Site in a manner inconsistent with the Terms, Certified Open may terminate or block your access to the Site and/or seek such additional relief as the circumstances indicate is proper.

We may amend the Terms or Privacy Policy from time to time by posting changes on the Site. If we make any substantial changes to the Terms or Privacy Policy, we will notify you by posting a prominent announcement on the Site. We will use information collected from you in accordance with the version of the Privacy Policy under which it was collected.

If you have any questions about the Terms or Privacy Policy, please contact us at info@certifiedopen.com.

Website Terms of Use

Content, Accuracy and Availability of the Site; No Product Endorsements

1. Although Certified Open makes reasonable efforts to ensure that all information provided as part of this Site ("Information") is correct at the time of inclusion on the Site, Certified Open (i) makes no representations or warranties as to the completeness or accuracy of Information and (ii) makes no commitment to update or correct the Information.

2. The Information includes certification information on products and services under the Certified Open Product and Services Framework (“Certifications”). Most of the information included in Certifications is provided by third parties not affiliated with Certified Open. Although Certified Open makes reasonable efforts to review the contents of Certifications, Certified Open takes no responsibility for the accuracy or completeness of information included in Certifications. Nothing on the Site is intended to be construed as a recommendation to use any product, including those covered by Certifications.

3. Certified Open may change the format and/or content of the Site at any time. Certified Open may restrict the availability of the Site temporarily or permanently (including for support or maintenance work, in order to update content or for any other reason), and does not guarantee that the Site will be available to you at any particular time.

Disclaimer of Warranties; Limitation of Liability

1. You should make your own judgements about the suitability of the Site and the Information for your purposes. The Site and the Information are provided to you on an “as is” and “as available” basis, without any warranty (except as required by law). To the fullest extent permitted by law, Certified Open (on behalf of itself and its directors, officers and employees, and third parties providing Information) disclaims all warranties, express or implied, with respect to the Site, the Information and the products to which they refer, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement of copyright, trademarks, patents and other third party rights.

2. Certified Open will not be liable to you or to any third party, whether in contract, tort including negligence (except for death or personal injury resulting from our negligence), or otherwise, for any consequential, incidental or indirect loss, or special, exemplary or punitive damages arising from or connected with the Site, including but not limited to your use of the Site or inability to use the Site, even if Certified Open has previously been advised of the possibility of such loss or damages. “Consequential loss” for these purposes shall include (i) pure economic loss (ii) loss incurred by a third party, (iii) loss of profits (whether direct or indirect), (iv) loss from business interruption (including increased cost), (v) loss of revenue, good will or anticipated savings, (vi) wasted management or staff time or (vii) loss or corruption of data.

3. You agree to indemnify and hold harmless Certified Open, and its directors, employees, suppliers and affiliates, from and against any damages or costs (including, without limitation, reasonable lawyers' fees) that arise directly or indirectly from your breach of these Terms.

4. While Certified Open makes every effort to ensure the accuracy and correctness of content contained within or presented by this website, Certified Open cannot accept responsibility for any loss, damage or other perceived harm that may occur to third parties due to such content. Nevertheless, and without in any way invalidating the previous statement, if a cause for concern is identified please contact Certified Open at info@certifiedopen.com.

Links and Third Party Sites

The Site contains links to other websites that are not under the control of or maintained by Certified Open. Such links do not indicate any responsibility or endorsement on our part for any external website concerned, its contents or the links displayed on it. You are entirely responsible for your use of such other websites, including any products, services or information from those sites that you obtain or purchase.

Copyright, Trademark and Patent Rights

1. The Information on the Site includes text, graphics and other information that is protected by copyright, trademark or patent law as defined under UK law. All such rights are either owned by Certified Open or have been licensed to Certified Open by the owners to allow use as part of the Site.

2. The information contained on the site may be used in accordance with the terms of the GNU Free Documentation Licence (GNU FDL) version 1.2 or any later version published by the Free Software Foundation. A copy of this licence may be found in an appendix to this text or at the following Internet address: http://www.gnu.org/licenses/fdl.html

3. You may not frame or mirror any part of the Site without prior written permission from Certified Open except as stated in this document and according to the licence terms outlined herein.

4. “Certified Open” is a registered trademark of Certified Open, and may not be used in connection with any product or service that is not a Certified Open product or service. Please contact us for further information on use of the Certified Open trademark with your products and/or services.

5. If you provide any information to us, by doing so you (i) agree to grant us all necessary IP Rights to use such information on the Site and in the Certified Open business and (ii) warrant to us that such use will not infringe the IP Rights of any third party.

Acceptable Use

When using the Site, you agree that you shall not:

interfere with or disrupt the Site or networks connected to the Site (e.g. through “hacking” or a “denial of service” attack);

• transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful code or “malware”;

• post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic, offensive, hateful or other similar material;

• impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content submitted to the Site;

• submit content to the Site that you do not have the right or authority to submit (such as trade secrets and confidential information); or

• violate any law, regulation or contract.

In addition, Certified Open requires that you agree and accept that:

• all posts will be on-topic

• English will be used as the preferred language

• the site and its content is subject to UK law

• questions will be restricted to a single topic

• constructive criticism is welcome

• no form of advertising is permitted

• links to other websites are relevant to the discussion at hand

This is a professional website and we expect Registered users to behave accordingly. The Moderator will use best judgement in assessing the intention and goodwill of people who post to this site or use its services. Certified Open reserves the right to advise and suspend users who breach the terms and conditions outlined is this document and other material related to Certified Open.

Miscellaneous

In the event any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from these Terms, while the remaining provisions shall remain in full force and effect. Certified Open's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Applicable Law and Jurisdiction

These Terms are governed by and shall be interpreted in accordance with laws of England and Wales. You agree, in the event of any dispute arising in relation to these Terms or the Site, whether in contract, tort or otherwise, to submit to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

Certified Open is committed to maintaining the privacy and security of your data. Our policy on the collection and use of personally-identifiable information about individuals, organisations or products (“Data”) and other information is set out below.

Data

1. We collect Data from visitors to the Site on a voluntary basis. Data may include name, title, company, address, phone number, email address, and other relevant data. Questions or comments submitted by visitors may also include Data.

2. We collect and use Data for business purposes:

• to seek your feedback or to contact you in relation to Information on the Site;

• to improve our operations, and anticipate and resolve problems with the Site;

• to develop our services to meet your needs;

• to process and respond to requests from you;

• to communicate with you about our services and businesses; and

• for other purposes related to the Certified Open programme.

3. Notwithstanding the previous paragraph, we will not send electronic communications to you unless you have agreed to receive such communications, excepting notification required for your subscribed participation in the Certified Open programme. However, if you email us, we may process your email address and the information contained in your email to respond to you.

4. Unless you have explicitly agreed otherwise, we will not use or share your Data with any third party, provided that:

• We may share your Data with our agents, affiliates or contractors for processing in accordance with this Privacy Policy. This may mean transmitting the information to another country (including countries outside the European Economic Area) where our agent, affiliate or contractor is located. We will ensure that our agents, affiliates and contractors protect your Data consistent with this Privacy Policy.

• If we transfer the Certified Open business to another entity, we may transfer your Data to that entity, subject to commitments that the data will be protected consistent with this Privacy Policy.

5. To the extent required or permitted by law, we may also collect, use and disclose Data in connection with law enforcement investigations, in the course of cooperating with government authorities or complying with legal requirements, or if we reasonably suspect that you have violated our Terms.

6. We may remove all the personally identifiable information from your Data, and process such anonymous data for historical, statistical or scientific purposes.

Session Information and Cookies

1. We may collect and process information regarding your use of the Site (“Session Information”). This may includes your domain name (the text after the @ in your email address) and the associated IP address, and could also include your user name (the text before the @ in your email address). The amount of information sent depends on the settings you have on your web browser; please check your browser if you want to learn what information it sends.

2. Session Information is processed primarily to assist us in providing an effective service via the Site. To the extent that Session Information is Data, it will be processed as described in the “Data” section above. We may from time to time publish or supply to third parties information about the number of users visiting the Site, without disclosing any Data.

3. We may store some information such as “cookies” on your computer when you view the Site. A cookie is a small file that a website transfers to a visitor's computer for record-keeping purposes. This information facilitates your use of the Site, reduces the need to re-enter information every time you visit the Site, and allows us to provide a personalised experience on the Site. You can erase or choose to block cookies from your computer if you want to; please refer to your browser settings to do so. Erasing or blocking cookies may limit the range of features of the Site that are available to you.

Information Regarding Children

This information and services offered by Certified Open on the Site are not directed at children or teenagers under 18 years of age. As a result, we do not knowingly solicit or collect Data about children or teenagers under 18.

Access to Data

You have a right to know about the personal information Certified Open holds about you. You also have a right to have your data corrected or deleted. If you have questions about any of your Data that we may hold, you can contact us at the following email or postal address:

data.protection@certifiedopen.com

Data Protection Officer
Certified Open Ltd.
Number One Tanner Street
London
SE1 3LE
United Kingdom

Security

We have implemented technology and policies intended to protect your data from unauthorised access and improper use. We periodically review such technology and policies.