How information about you will be used
We collect information about your Company and nominated approved persons (hereafter known as "End Users") when you register your details for products or services with us.
These details are only used for the provision of services provided by TrueCommerce which may include the TradeLink E-Commerce web portal solution (the "Service").
Your contact details, email address and / or telephone number ("Personal Data"), will be used to issue notifications directly relating to your use of the service provided, or to provide "End User" support services to you.
We do not disclose any information to any company outside TrueCommerce other than the Trading Partner with whom you have an existing commercial agreement and for whom TrueCommerce provide the service, unless otherwise required to do so by law.
TrueCommerce will implement appropriate technical and organisational measures to ensure against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration or access.
TrueCommerce will not retain any Personal Data beyond the term that is necessary for providing the Service.
Website usage information is collected using cookies
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This is used for the sole purpose of retaining user log on information relevant only to the use of the portal solution. This data is not used for marketing, advertising or statistical reports relating to website activity.
Changes to our privacy policy
We keep our privacy policy under regular review and we will place any updates on this page. This privacy policy was last updated on 24/05/2018
Access to your information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please request this by email from us by writing to dpo@truecommerce.com
STANDARD ACCESS TERMS
Parties and definitions
The Parties to these Terms are TC and the User. In these Terms the following words have the following meanings: "Data" all data, in whatever form, uploaded to and/or downloaded from the Solution; "Hub" Dunnes Stores and all associated entities "IPR" rights in inventions, patents, copyrights, database rights, design rights, trade marks and trade names, service marks, trade secrets, trade dress, know-how and all other intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world; "TC" TrueCommerce; "Parties" the User and TC, and "Party" means either one of them; "Solution" the solution provided by TC comprised of its hosted solution and related software and associated hosting services as agreed from time to time with the Hub; "SD" the date of entry into these Terms by the User; "TPSU" a third party Solution user, being any user from time to time of the Solution other than the User; "Terms" these standard access terms; "User" the party detailed below.
Access to the Solution
From the SD TC: grants to the User a single seat, personal, non-transferable, non-assignable non-exclusive right to remotely access and use the Solution for its internal business purposes only (including the uploading and downloading of Data to/from the Solution); shall enable the User to access the Solution; and shall use reasonable endeavours to provide access to the Solution 24/7/365. The User shall: not reverse engineer, decompile and/or disassemble the Solution or any element thereof (save as permitted by law); use the Solution for its own benefit only and shall not rent, lease, sell, operate on a bureau basis, sub-licence, donate or otherwise transfer to any third party (for any commercial gain or otherwise) the Solution (or any element thereof); use the Solution only for lawful purposes and in accordance with these Terms. Use of the solution indicates acceptance of these access terms.
Use of the Solution
The User shall comply with all reasonable directions and policies of TC in relation to the use of the Solution. It is the User’s sole responsibility to ensure that: Data it transmits and receives complies with all applicable laws and regulations; to provide and maintain all facilities and functions outside the scope of the Solution including but not limited to provision, access to and use of all relevant software, hardware and related connectivity relating to the use of, but not included in, the Solution. TC shall not be a party to any contractual relations between the User and any TPSU, and the User acknowledges that TC is not, either expressly or impliedly, the agent for the User, and, that the User and any TPSU it chooses to deal with using the Solution are acting in their own capacity as principals. The User acknowledges that TC has no control over the: quantity, accuracy, currency quality, safety, legality or fitness for purpose of Data, goods or services transmitted and/or traded via the Solution; ability of any User to transmit Data and/or sell or buy goods or services via the Solution; or, solvency or business reputation of any TPSU. The User agrees to release TC (and its agents and employees) from all claims, demands and damages (actual, direct and consequential) of every kind and nature arising out of or in any way connected with any dispute it may have with a TPSU.
Warranties
TC warrants that: it shall use all reasonable care and skill in providing the Solution; it has the authority to grant a licence to use the Solution; and that, although it does not warrant that the Solution shall be free from all known viruses, it has used commercially reasonable efforts to check for the most Fusion.Commonly known viruses. Although TC shall use commercially reasonable efforts to ensure the security of its own network, it cannot guarantee that the Solution shall be completely secure. The above warranties are exclusive and in lieu of all other warranties and terms, whether express or implied.
Exclusions and liability
TC does not and cannot control the flow of data to or from TC’s network (such flow, eg on the internet, being dependent on the performance of third party service providers) and, accordingly, TC disclaims any and all liability resulting from or related to disruption caused by failures in performance by such third party service providers. All implied warranties and/or terms are excluded to the fullest extent permitted by law. TC excludes all liability for indirect, consequential loss or damage, including but not limited to loss or damage to other equipment or property or for loss of profit, business, revenue, goodwill or anticipated savings. Either Party’s liability for death or personal injury resulting from its negligence is not excluded or limited. Subject to the above, TC’s liability under these Terms shall be limited to an amount equal to twice the amount paid by the User under these Terms for the then current subscription year.
Confidentiality
Each Party hereby undertakes to the other to hold confidential all confidential information of the other (including documents and materials relating to the Solution, and the Data) except where such information: was known to that Party or rightfully in its possession of prior to the SD; or, is independently developed by that Party; or, is or becomes public knowledge other than through that Party’s fault; or, is obvious or is acquired free from any obligation of confidence from a third party.
IPR
All IPR in the Solution shall be the property of TC. TC indemnifies the User against all reasonable damages arising solely out of a claim by a third party that the User’s authorised use of the Solution infringes IPR of such party, provided that: TC is informed in writing within 10 working days of receipt by User of notice of such claim of which it has learned; TC is furnished a copy of each communication, notice or other action relating to the alleged infringement and is given full authority, information and assistance required to defend or settle said claim or proceeding; and, the User cooperates reasonably with TC in the settlement and/or defence. Following notice of a claim or threat of an actual suit, TC may, at its option and expense, and as complete fulfilment of TC’s obligations under this clause: replace or modify the Solution so that infringement will not exist; and/or obtain for User the right to continue using the Solution. This clause states TC’s entire liability for any alleged infringement by the Solution or any part thereof.
Term and termination
These Terms shall commence on the SD and shall continue in force for a period that is at the discretion of TC and The Hubs. Either Party may terminate these Terms by written notice if: the other is in breach of these Terms; The provisions of these Terms that by their sense and context are intended to survive termination, shall survive any such termination.
Notices
Any notice made under these Terms shall be sent: in the case of TC: the Company Secretary, TrueCommerce, Greenbank House, Swan Lane, Wigan WN2 4AR, email uk@atlasproducts.com; and in the case of the User, the address details provided by the User when entering into these Terms; or such other person, address and/or fax no. as may be notified by the relevant Party from time to time.
General
Neither Party shall be liable for any failure to perform by circumstances outside their reasonable control (being an event of force majeure). The failure by a Party to exercise any right hereunder shall not operate as a waiver of such Party’s right to exercise such right or any other right in the future. These Terms shall form the entire agreement between the Parties and supersede all prior oral or written proposals and all other related communications and may not be assigned by the User. No variation of these Terms shall take effect unless agreed between the Parties in writing and signed by an authorised representative of each Party. If any provision of these Terms is held unlawful or unenforceable that provision shall be severed and the remainder of these Terms shall remain in effect. No third party shall have any rights under or in connection with the Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999. These Terms shall be governed by English law and the parties shall submit to the non-exclusive jurisdiction of the English courts. Use of the service indicates acceptance of these access terms and conditions. The user confirms that TC can contact them with information regarding the solution for which these access terms apply, and other services that may be of interest. TC warrants that under no circumstances will user data be passed to any third party organisation for marketing or sales purposes. The user may opt out of contact from TC at any time.