This legal document is split into four sections. Click on the name to see the relevant information
1. End User License Agreement
The following license agreement regulates all use of Excel4Business products and services.
Excel4Business End-User Software License Agreement
("Agreement") is a legal agreement between you (either an individual or single entity) and Excel4Business. ("Excel4Business") setting forth the terms and conditions for your use of the Excel4Business SOFTWARE accompanying this Agreement which includes computer SOFTWARE and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").
By installing, downloading and/or using this SOFTWARE, you indicate your acceptance of this Agreement and are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to install, download or use this SOFTWARE. Promptly advise Excel4Business within two (2) weeks from the date of delivery for a possible refund.
This license is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your purchase, download or use. Excel4Business retains ownership of the SOFTWARE and all copies thereof, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between us or any associated company of ours relating to the SOFTWARE.
1.1. Grant of License
a) The Software is licensed, not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Excel4Business, Excel4Business retains all title to and ownership of the Software and reserves all rights not expressly granted to you. Excel4Business grants to you the right to use all or a portion of this Software provided that (i) the Software is not distributed for profit; (ii) the Software may NOT be modified by you; (iii) all copyright notices are maintained on the Software; and (iv) The licensee/end user agrees to be bound by the terms of this Agreement.
b) When purchasing an individual license for the Software, you may use that licensed version on the computer for which it was purchased. If that computer is damaged or the license is otherwise lost, upon verification, a new registration for the software will be provided. For use of the software on more than one computer you personally own, an upgraded license can be purchased supporting this. Site licensing and volume discount information is available upon request for businesses interested in obtaining multi-user licenses for the Software. You must obtain supplementary licenses from Excel4Business before using the SOFTWARE in connection with systems, multiple central processing unit, computer networks, or emulations on a main frame or mini computer; and
c) This license allows you to make one copy of the SOFTWARE in machine readable form solely for back-up purposes. This SOFTWARE is protected by copyrights laws and international copyright treaties. You must reproduce on each copy the Excel4Business copyright notice and any other proprietary legends that were on the original;
1.2. Copyright
The SOFTWARE is a proprietary product of Excel4Business and is protected by copyright law. You acquire only the right to use the SOFTWARE and do not acquire any rights of ownership. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the SOFTWARE. You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the SOFTWARE.
1.3. Restrictions
Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over a network. The SOFTWARE contains trade secrets, and in order to protect them, you may not modify, adapt, translate, reverse engineer, disassemble, decompile, create derivative works based on the Software, or otherwise reduce the SOFTWARE to a human-perceivable form. YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
1.4. Transfer of License
You may not transfer your license of the Software to a third party.
1.5. Terms
This License is effective until terminated. This license will terminate automatically without notice from Excel4Business if you fail to comply with any provisions of this license. Upon termination, you must destroy the SOFTWARE and all copies thereof immediately. You may terminate this license at any time by destroying the SOFTWARE and all copies thereof.
1.6. Indemnification by you
If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Excel4Business from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.
1.7. Foreign Export
You agree and certify that neither the SOFTWARE nor any related technical data is being or will be shipped, transferred or re-exported, directly or indirectly, into any country in violation of any applicable laws or regulations of the United States or the country in which it was obtained.
1.8. Disclaimer of Warrantry
a) THIS WARRANTY EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES NOT APPLY TO ANY FILE/S WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED FILE/S SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE DISK, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. EXCEL4BUSINESS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE FILE/S, OR, AT EXCEL4BUSINESS' OPTION, A REFUND OF THE LICENSE FEE. PROVIDED, HOWEVER, THAT THIS WARRANTY DOES NOT APPLY TO THE DOWNLOADED SOFTWARE.
b) EXCEPT FOR THE LIMITED WARRANTY FOR THE FILE/S ON WHICH THE SOFTWARE IS RECORDED AS SET FORTH ABOVE, EXCEL4BUSINESS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND EXCEL4BUSINESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT, DOES EXCEL4BUSINESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE. IF THE SOFTWARE IS DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR AND SERVICING, IN NO EVENT SHALL EXCEL4BUSINESS, ITS ASSOCIATED COMPANIES OR THEIR DEALERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF EXCEL4BUSINESS OR ITS REPRESENTATIVES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
c) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL EXCEL4BUSINESS NOR ANY OF ITS ASSOCIATED COMPANIES HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, SOLD, LICENSED, OR FURNISHED BY EXCEL4BUSINESS OR ANY OF ITS ASSOCIATED COMPANIES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT.
d) Excel4Business hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.
1.9. General
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of England and Wales or other applicable provisions. The construction, validity and performance of this End-User Licence Agreement shall be governed by and submitted to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect. This Agreement supersedes and replaces any other agreements relating to the subject matter of this Agreement. In the event a dispute arises under or in connection with this Agreement, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts of England and Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and waive any objection that such forum is inconvenient. You further consent to service of process in any such action by regular mail or other commercially reasonable means of receipted delivery.
2. Terms of Use
TERMS OF USE
The following license agreement regulates all use of Excel4Business ("Excel4Business ") products and services.
This is a legal agreement ("Terms of Use") between you (either an individual or an entity) and Excel4Business. You should read the following Terms of Use carefully before using any Excel4Business software, as your use of our products and services indicates your acceptance of this License Agreement and Warranty.
2.1. Acceptance of Terms of Use
Excel4Business makes this Web Site, and all products offered on this Site and services operated through the Site, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Web Site, use of any Excel4Business Services, downloading any Products, or browsing the Web Site, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Web Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Web Site, then you should NOT use the part of the Web Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
These Terms of Use may be amended by Excel4Business at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the "Content") or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.
Excel4Business reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. Excel4Business reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.
2.2. Warranties and disclaimers
Although care has been taken to ensure the accuracy of the information on this Web Site, Excel4Business assumes no responsibility therefore. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEL4BUSINESS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. EXCEL4BUSINESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. EXCEL4BUSINESS DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY EXCEL4BUSINESS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Excel4Business assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Web Site or in connection with any services or products offered through the Web Site. No advice or information whether oral or written, obtained by you from Excel4Business or from the Web Site shall create any warranty not expressly stated in the Terms of Use.
The Web Site may contain references to specific Excel4Business products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
IN NO EVENT SHALL EXCEL4BUSINESS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF EXCEL4BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST EXCEL4BUSINESS PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO EXCEL4BUSINESS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
2.3. Links to other sites
This Web Site may provide links to other web sites that are not under the control of Excel4Business. Excel4Business shall not be responsible in any way for the content of such other web sites. Excel4Business provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Excel4Business of the content of such web sites.
2.4. Intellectual Property
Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with Excel4Business or its licensors. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Excel4Business is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Excel4Business hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Excel4Business disclaims any proprietary interests in the intellectual property rights other than their own.
2.5. Software
Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable end user license agreement. Both the Software and any accompanying documentation made available through this Web Site is the copyrighted work of Excel4Business. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order Products or Services from this Web Site.
You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Web Site, its Products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. You may not sublicense, rent or lease our products. You may not assign or transfer this License to a third party
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. EXCEL4BUSINESS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, Excel4Business makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected.
2.6. Linking
Linking to the Web Site is permitted provided that you comply with the following rules. You may link to the home page of the Web Site or to any other page of the Web Site. However you are not allowed to use in-line linking or framing. You must not imply that Excel4Business endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from Excel4Business. Furthermore, you agree to remove the link at any time upon our request.
2.7. Return Policy—General
Excel4Business software consulting services and/or purchases come with a 30-day satisfaction guarantee. Please be sure you have successfully tested the evaluation version (if available) for your product before purchasing a license. For further information please refer to the Excel4Business End User License Agreement.
2.8. Applicable Law
These Terms of Use and any disputed relating hereto shall be governed by and construed in accordance with the laws of England and Wales without regard to its principles of conflict of laws. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect .You agree to the exclusive jurisdiction of the courts of the England and Wales for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by Excel4Business
Excel4Business does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Web Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws
3. Privacy Statement
Excel4Business has created this privacy statement in order to disclose our information gathering and dissemination practices for this Web site, www.excel4business.com. Upon reading this privacy statement, you will know:
- What personally identifiable information of yours or third party personally identifiable information is collected from you through this Website
- The organization collecting the information
- How the information is used
- With whom the information may be shared
- What choices are available to you regarding collection, use and distribution of the information
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Excel4Business' control
- How you can access and correct any inaccuracies in the information collected about you. Questions regarding this statement should be directed to the Excel4Business' legal coordinator by emailing legal@excel4business.com
3.1. Word from the Company
Excel4Business ("Excel4Business") has a strong commitment to providing superior service to all of our customers and visitors of this web site (the "Website"), and particularly respecting your concerns about privacy. We understand that you may have questions about how this Website collects and uses information and we have prepared this statement to inform you of the privacy principles that govern the Website (the "Privacy Policy"). We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy.
This Privacy Policy contains numerous general and technical details about the steps we take to respect your privacy concerns. We have organized this Privacy Policy by major processes and areas so that you can quickly link to the information of most interest to you. The bottom line is that meeting your needs and expectations form the foundation of everything we do — including protecting your privacy.
Personal information on this Website is collected by Excel4Business and if after reviewing this Privacy Policy you have any questions or privacy concerns please send an e-mail to legal@excel4business.com
3.2. Changes in Privacy Policy
Excel4Business wants you to be always aware of what personal information we collect, how we use it and under what circumstances we disclose it. All personal information, as further described below, that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. Excel4Business reserves the right to change the Privacy Policy from time to time at its sole discretion. You will be given the opportunity to opt-out if as the result of such changes, you want to alter the ways in which Excel4Business is allowed to use your personal information, you can do so by following the procedure described in Section Creating and Updating Your Personal Account and Preferences. You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Website after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to Excel4Business you limit how such information will be used to communicate with you, either by Excel4Business or by third parties, Excel4Business will not change your preference in this regard without your express consent except as otherwise specifically provided in this Privacy Policy.
3.3. Third Party Websites
Excel4Business does not control the information collection and distribution policies on Internet domains other than those Internet domains that are under the control of Excel4Business itself. When you are on the Excel4Business Website, you may be directed to other sites that are beyond our control. These other sites may independently collect data, solicit personal information, or send their own cookies to you. Excel4Business is not responsible for any use of the information, including click-stream data, that you may create when using such third party sites.
3.4. Legal Issues
This is a British website and is subject to the laws of England and Wales. Excel4Business will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Excel4Business` guests, visitors, associates, or property (including this site), or to others. As mentioned above, laws related to personal identifiable information vary by country.
Excel4Business may be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information upon receipt of the appropriate documentation. Excel4Business may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by law.
3.5. Browsing Information
This Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your e-mail address, or any other personally identifiable information. When you request a page from our web site, our servers log the information provided in the HTTP request header, JavaScript or similar technical tools, including the IP number, the time of the request, the URL of your request and other information. We collect such information in order to make our Website function correctly and provide you the functionality that you see on this Website, as our servers use this information to deliver to you the pages on this Website. We also use this information to better understand how visitors use our Website and how we can better tune our Website, its contents and functionality to meet your needs.
3.6. Information We Collect
As a visitor to this Website, you can engage in many activities without providing any personal information as described above in Section Browsing above. In connection with other activities, such as subscribing to the services offered on the Website, utilizing online software applications or purchasing any of the products and services available on the Website, Excel4Business may ask you to voluntarily supply us with certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities and/or make any purchases. If you elect to engage in these activities or make purchases, however, Excel4Business may ask that you provide us personal information, defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including but not limited to your first and last name, mailing address (including postal code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. This information is requested in conjunction with the purchase and registration of our products or services.
You never have to answer any questions, and you can decline this exchange of information at any time. However, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity or purchase, you will not be able to engage in that activity or make such a purchase.
Excel4Business is the sole owner of the information it gathers on its site. Excel4Business will only share your information with outside parties in ways that are described in this privacy statement or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the provisions of the laws and regulations, cooperate with law enforcement agencies, or comply with a legal process served on our Web site.
When you use the Website, Excel4Business or third parties authorized by Excel4Business may also collect certain technical and routing information about your computer to facilitate your use of the Website and its services. When you surf the Internet, your Internet browser (such as Microsoft Internet Explorer®) automatically transmits some information to Excel4Business every time you access content on one of our sites. Examples of such information include the URL of the Web page you were just on (known as the "Refer"), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site. All of this information may be collected by Excel4Business and used to help improve our offerings to you. We use such data to facilitate and track your use of the Website and its services. Excel4Business also uses such environmental variables to measure traffic patterns on the Website. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.
When you provide payment for services online, you may be re-directed to third-party Websites operated by PayPal or Google. These companies administer their own Privacy Policies that is not under the control of Excel4Business. Prior to placing an online order, please review their Privacy Policies.
We do not use this information to target any advertising to our users, nor is it ever willingly distributed to any third party, such as an advertiser, except if subpoenaed.
When you submit personal information to Excel4Business through this Website, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Excel4Business and its affiliates and subsidiaries maintain offices. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Excel4Business. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.
Excel4Business may establish relationships with various service providers whose services may become available to you from this Website or from websites that are linked to this Website. Typically, these providers would offer services that Excel4Business customers might find useful, such as those that can be used in conjunction with Excel4Business services and products. In order to use those services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's Web site will be subject to the privacy policy posted on such site, and personal information that you provide while on this Website in conjunction with a provider's service will be subject to this Privacy Policy.
3.7. Updating Your Personal Preferences
You may correct your personal information and privacy preferences (such as whether you wish to receive promotional communications from Excel4Business or third parties) by writing to Excel4Business at reception@excel4business.com.
3.8. Securing the Transmission and Storage of Information
Excel4Business takes steps to ensure that your information is treated securely and in accordance with our Terms of Service and this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our online products or services, and you use these services at your own risk.
We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches Excel4Business it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures designed to block unauthorized access from outside of Excel4Business. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this Privacy Policy is processed and stored in various countries where Excel4Business and its service providers conduct business. All Excel4Business employees and associates are aware of our privacy and security policies. Your information is only accessible to those employees and associates who need it in order to perform their jobs.
3.9. How your personal information is used
Excel4Business collects your information in order to record and support your participation in the activities you select. We will use your e-mail address to send a confirmation and, if necessary, might use the other information to contact you for help to process the purchase or service you have selected. If you subscribe to a service or register a product, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. Your personal information is also used to keep you informed about product upgrades, patches, special offers, and other products and services of Excel4Business and selected third parties if you have so opted to receive such communications.
Excel4Business may collect information about the use of the Website, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Excel4Business may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
Excel4Business recognizes and appreciates the importance of responsible use of information collected on this Website. Without your consent, Excel4Business will not communicate any information to you regarding products, services, and special offers available from Excel4Business or its affiliates, although we may find it necessary to communicate with you regarding your use of the services on this Website. Except in the particular circumstances described in this Privacy Policy, Excel4Business will also not provide your name to other companies or organizations without your consent.
3.10. Disclosure of Information to Third Parties
Excel4Business does use the services of third parties, such as e-mail service providers, purchase and order processing merchants and marketing companies that act as independent contractors on behalf of Excel4Business. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Excel4Business specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Excel4Business` affiliates for their use without your approval.
Excel4Business may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena, or other legal process. Excel4Business may also disclose personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use, End User License Agreement or to protect the safety of our users and the public or under confidentiality agreements with certain third parties which assist us in developing, operating and maintaining Excel4Business.
In the event that all or substantially all of Excel4Business` stock and/or assets (or the assets of a division or subsidiary) are transferred or sold to another entity, or Excel4Business (or a division or subsidiary) is acquired by, or merged with, another entity, Excel4Business may transfer personally identifiable information to the acquiring entity and Excel4Business may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent. If, as a result of such a business transition, your personally identifiable information will be used in a materially different manner, you will be given choice consistent with our policy regarding notification of changes.
3.11. Choices available to you
You can always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the Excel4Business Website. Please note, however, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information.
You can choose at anytime to opt out of receiving emails from Excel4Business or from having your personally identifiable information shared with selected companies. If you want to opt out, you can do so by editing your preferences with respect to email or the sharing of information. If you elect to "opt out" we will not, as applicable, share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, to enhance your user experience or as necessary to administer the site or comply with applicable law.
We reserve the right to send a one-time registration confirmation email, and infrequent Service Alert messages to users to inform them of specific changes that may impact their ability to use a service they have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of our Terms of Use or End User License Agreement.
Excel4Business is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters which will be important to you. These rights do not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications are rare.
3.12. Cookies
Our Website uses "cookie" technology. "Cookies" are short pieces of data generated by a web server that a website stores on a user's computer. Certain pages on our Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to: allow registered users to sign in without typing their sign in name each time; measure usage of various pages on our Website to help us make our information; more pertinent to your needs and easy for you to access; and provide functionality such as online orders, Excel4Business` services and other functionality that we believe would be of interest and value to you. The types of cookies that we use are referred to as "session" cookies and "persistent" cookies. Session cookies are temporary and are automatically deleted once you leave the Website. Persistent cookies remain on your computer hard drive until you delete them. We do not use cookies to gather information concerning your visits to other sites, nor ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Excel4Business. Cookies do not corrupt or damage your computer, programs, or computer files.
In addition, the service providers we use to serve and host our advertisements, and/or deliver our e-mails, use session and persistent cookies, to track the number of times the Website is accessed and whether the site was accessed from an advertisement. There are no cookies in the advertisement or e-mail. A cookie is placed on your computer only if and when you click on an advertisement or open the e-mail. The cookie generated from the advertisement or e-mail does not contain any personally identifiable information and will remain on your hard drive until you delete it.
You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website.
3.13. Privacy Related Enquiries and Concerns
Excel4Business takes and addresses its users' privacy concerns with utmost respect and attention. If you believe that there was an instance of non-compliance with this Online Privacy Policy with regard to your personal information or you have other related inquiries or concerns, you may write or contact Excel4Business at legal@excel4business.com.
In your message, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Excel4Business Online Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.
Please note that if you provide Excel4Business with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Excel4Business cannot guarantee that your most recent privacy preference will be honoured
4. Legal Enquiries
Please e-mail legal@excel4business.com with any general enquiries. Formal complaints can be made to Excel4Business Ltd Legal Enquiries, Wellington House, East Road, Cambridge, CB1 1BH, United Kingdom
