1. Use of the site and interpretations
1.1. / This document sets out the terms and conditions (the “Terms“) on which Savvy Property Technology Ltd (“Savvy“, “we“, “us” or “our“) provide you with access to the object code form of the Savvy app (the “App“).
1.2 / Savvy is a limited company that:
- 1.2.1 / provides a platform to building owners and occupiers that enable them to contribute to a building community and provide visitors to those buildings, like you, with the opportunity to receive discounts and other coupons to providers of other goods and services in return for signing up to the App.
- 1.2.2 / installs sensors within the common parts of the building to collect movement data to enable the proactive management of the relevant building (“Monitoring“)
collectively (the “Service”).
1.4 / If you do not agree to the Agreement, you must not use the App.
3. Changes to terms
Savvy may amend these Terms from time to time. Savvy shall use reasonable endeavours to notify you of any material changes to the Terms. Every time you wish to use the App, please check the Agreement to ensure you understand the Agreement that applies at that time. The Agreement was most recently updated in January 2019.
4. Your obligation
4.2 / You shall, at all times:
- 4.2.1 / comply with all applicable laws, regulations and directives when using the App and receiving the Service;
- 4.2.2 / comply with any guidelines provided to you or reasonable instructions issued by us from time to time in respect of your use of the App, receipt of the Service and the Monitoring
- 4.2.3 / not do anything that may impair, interfere with or damage or cause harm or distress to any persons using the App or the Service;
- 4.2.4 / not do anything that may impair, interfere with or damage our ability to carry out Monitoring activities;
- 4.2.5 / use the App at your own risk and be solely responsible for any illegal activities and any third-party intellectual property infringement arising from such use;
- 4.2.6 / not attempt to de-compile, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App (including removing or modifying any copyright, trade mark or proprietary notice belonging to us or our licensors);
- 4.2.7 / license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the App available to any third party;
- 4.2.8 / promptly provide us with all necessary co-operation in relation to the Agreement and access to such information as we may require in order to provide the Service (including the Monitoring); and
- 4.2.9 / immediately notify us of any inaccuracy or error in any data that comes to its attention (including data relating to the Monitoring).
5. Services & Availability
5.1 / In order to use certain features of the App and to provide the Services, you must register for an account (“Account”) with us. You promise that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
5.2 / We maintain the right in our sole discretion to suspend or terminate your Account and/or refuse any and all current or future use of the App (or any portion thereof).
5.3 / You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by anyone other than yourself. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Neither Savvy nor its suppliers or licensors will be liable for any loss or damage arising from your failure to comply with the above requirements.
5.4 / Savvy does not guarantee that the App, or any content on it, will always be available or be uninterrupted. Savvy may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. Savvy will try to give you reasonable notice of any suspension or withdrawal.
6. Account details
6.1 / If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Savvy’ security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2 / Savvy may disable any user identification code or password, whether chosen by you or allocated by Savvy, at any time, if in Savvy’ reasonable opinion you have failed to comply with any of the provisions of these Terms.
6.3 / If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
7. Use of the App
7.1 / Other than in relation to links to third party websites and non-exclusive voucher offers, Savvy is the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and other intellectual property right laws and treaties around the world. All such rights are reserved.
7.2 / All rights in and to the App and the Service that are not expressly provided to you are reserved to us. You are granted a limited, non-transferable, non-exclusive, royalty free and fully revocable licence to use the App (including all information regarding third party discounts, codes, promotions and vouchers made available by us (“Offers“)) for your personal use in the UK only.
7.3 / You may not pass on any of the Offers received to a third party without our or the relevant retailer’s prior written consent.
8.1 / The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representation, promise or guarantee (whether express or implied) that:
- 8.1.1 / we will provide you with Offers that you will want to accept;
- 8.1.2 / the relevant third parties will honour any Offers made or that such Offers are only available by using the App;
- 8.1.3 / any photographs or illustrations provided to us for use in the App are correct or accurate;
- 8.1.4 / offers are suitable to your needs, will meet your expectations or be fit for your requirements; and
- 8.1.5 / the content on the App (including any Offer) is truthful accurate, complete or up to date.
8.2 / You agree that we are not responsible for the quality of products or services (including any delays) (relating to the Offers and that any claims in respect of any Offers should and will be directed at the relevant third-party provider of the product or service (and not us). You are advised to check any discounts or promotions have been applied and are still valid at the time of any relevant transaction.
9. Linked websites
Where the App contains links to other sites and resources provided by third parties (including data feeds provided by third parties), these links and such data are provided for your information only and may not be accurate. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Savvy has no control over the contents of those sites or resources.
10. Uploading content
10.1 / Whenever you make use of a feature that allows you to upload content to the App or change any content on the App, or to make contact with other users of the App, you must comply with the content standards notified to you from time to time and ensure that such content or changes are accurate and non-infringing.
10.2 / You promise that any such contribution does comply with those standards, and you will be liable to Savvy and indemnify Savvy for any breach of that promise. This means you will be responsible for any loss or damage Savvy suffers as a result of your breach of this promise.
10.3 / Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties.
10.4 / Savvy maintains the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 / Savvy also maintains the right to remove any posting you make on the App if your post does not comply with the content standards set by Savvy from time to time.
10.6 / You are solely responsible for securing and backing up your content.
11.1 / Savvy does not guarantee that the App will be secure or free from bugs or viruses.
11.2 / You are responsible for configuring your information technology, computer programmes and platform to access the App. In addition, you shall ensure that any device that you use in relation to the App and the Service contains appropriate anti-virus protection.
11.3 / You must not attempt to gain unauthorised access to the App, the server on which the App is stored, or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack.
11.4 / You shall not access, store, distribute, post or transmit any viruses, or any material during the course of its use of the Services that is unlawful, inaccurate, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive and Savvy maintains the right, without liability or prejudice to Savvy’ other rights to you, to disable your access to any material that breaches the provisions of this clause.
12. Intellectual property
You are not permitted to use any of Savvy’ trademarks, logos, copyright or other intellectual property rights without Savvy’ approval.
13. Limitation of liability
13.1 / Except as expressly and specifically provided in the Agreement and subject to Clause 13.2 of these Terms:
- 13.1.1 / you assume sole responsibility for results obtained from the use of the App and for conclusions drawn from such use;
- 13.1.2 / we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you by us or third parties (including if we have been negligent and/or in relation to any Offers or purported Offers that are mistakenly or erroneously displayed on the App), or any other actions taken by you as a result;
- 13.1.3 / all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement; and
- 13.1.4 / the Services are provided to the Customer on an “as is” basis and may from time to time be interrupted.
13.2 / Nothing in the Agreement excludes any Party’s liability for anything that cannot be excluded or limited by applicable law.
13.3 / Notwithstanding anything to the contrary contained within the Agreement, Savvy’s liability to you for any damages arising from or related to these Terms, for any reason, will be limited to Â£10 (ten GBP) in aggregate.
14.1 / The Agreement is the entire agreement between you and Savvy, and it supersedes any other communication, agreement, understanding or advertisement between you and Savvy in relation to the App, the Offers and the Service.
14.2 / If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.3 / Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
14.4 / If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.5 / The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and except where prevented by applicable law, the courts of England and Wales shall have exclusive jurisdiction to resolve all disputes (including non-contractual disputes).
SECTION 1 – THE BASICS
15. / This policy was last updated in January 2019.
16. / We are Savvy Property Technology ltd, a company incorporated in England and wales that trades as savvy and our registered office is at 64 New Cavendish Street, London, England, W1G 8TB (“we, “our”, “us”, “savvy”).
17. / Savvy is a limited company that provides property insights for landlords and tenants (the “service”). All capitalised but undefined terms in this schedule shall have the meaning given to them in the terms.
20. / If you are not satisfied with our response or you believe our use of your information does not comply with data protection law, you can make a complaint to the up regulator in relation to data privacy, being the information commissioner. See www.ico.org.uk for more information.
- 21.1 / “Controller“, “Data Subject“, “Personal Data” “processing“, and “Processor” bear the respective meanings given to them in the applicable Data Protection Laws.
- 21.2 / “Customer” means any person or entity that is registered with us to use the Services.
- 21.3 / “Data Protection Laws” means the General Data Protection Regulation (Regulation 2016/679) (“GDPR“), the Data Protection Act 2018, and all applicable laws, regulations and instruments relating to the processing of Personal Data and privacy (including guidance issued by the Information Commissioner), as such laws, regulations and instruments may be amended or replaced from time to time (including, in the event of the United Kingdom leaving the European Union, pursuant to the European Union (Withdrawal) Act 2018 and/or the Data Protection Act 2018).
- 21.4 / “User” means any person a Customer may interact with through our Service. In other words, a User is anyone a Customer creates an account for to enable us to provide the Service to them. For example, if you are a Customer, an employee or contractor you create an account for to enable them to use the Service would be considered a User.
- 21.5 / “Visitor” means any person who visits any of our Website(s).
- 21.7 / “You” and “your” means, depending on the context, either a User, Customer or Visitor.
SECTION 2 – PRIVACY FOR CUSTOMERS
22. / If you are a customer, we shall have a data processing agreement in place with you. this is a written contract which sets out our role as a processor and yours as a controller. Please read this agreement carefully as this sets out both parties’ responsibilities and liabilities.
SECTION 3 – PRIVACY FOR USERS
24. / Our processing includes the collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, use, disclosure, dissemination, alignment, combination, restriction, erasure or destruction of personal data.
25. / Our legal basis for processing your personal data:
- 25.1. / We obtain individual consent to certain of our activities through app sign up.
- 25.2. / We process data that we need to process for the purposes of performing contractual obligations to data subjects.
- 25.3. / We have a legitimate interest in processing personal data for marketing and other purposes connected with our business, which we do not consider is overridden by the interests or fundamental rights and freedoms of the data subject concerned.
26. / The recipients or categories of recipients of your personal data might include:
- 26.1. / Employers;
- 26.2. / Landlords;
26.3. / Providers of support to us, typically it supports.
27. / We do not share personal data with third parties who provide possible benefits to underlying data subjects who subscribe to our app and use our service. Rather, we provide aggregated data (or on occasion, pseudonymised data) to them.
28. / Except if we decide to engage it support based outside of the European economic area, which we may do only on terms which provide an adequate level of protection in accordance with prevailing data protection laws, we do not propose to transfer your personal data outside of the European economic area.
29. / The personal data will be stored for up to 7 years after (in the case of customers directly engaged by us) the end of the year in which you cease to be our customer, and in all other cases, 7 years after the end of the year in which the data subject last had any contact with us.
30. / As described above, for much of the personal data we collect and process about users through the service, we act as a processor on behalf of our customers. in such cases, if you are a customer and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your personal data is handled by savvy as a processor on behalf of our individual customers, you should contact the relevant customer that is using the savvy services, and refer to their separate privacy policies.
31. / We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. we may ask you to verify your identity in order to help us respond efficiently to your request.
SECTION 3 – PRIVACY FOR VISITORS
32. / This section applies to personal data that we collect and process through our website. in this section “you” and “your” refers to visitors.
33. / Certain parts of our websites may ask you to provide personal data voluntarily. For example, we may ask you to provide certain personal data (such as your name, contact details, company name,) when you submit inquiries to us. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.
35. / We may share your personal information with our it services providers. Except if we decide to engage it support based outside of the European economic area, which we may do only on terms which provide an adequate level of protection in accordance with prevailing data protection laws, we do not propose to transfer your personal data outside of the European economic area.
36. / The personal data will be stored for up to 7 years after the end of the year in which you last had any contact with us.
37. / We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.