- COOKIE POP UP
In order to provide you with personalized service, Smarticus Marketing Limited t/a OnBrand (hereinafter referred to “we”, “us”, “our”) uses “cookies” to keep and occasionally track information about your visits to our website and platform (hereinafter referred to as the “Service”). We use this information to help make the site more useful and reliable and to give you the best experience on our website.
II. WHAT IS A COOKIE
A cookie is a small text file that is stored on your computer or mobile device by a website’s server to improve your user experience and gather analytical data about how the site is being used. Cookies are saved on the hard drive of your device by means of your browser, enabling us to recognize your browser for purposes such as saving your preferences and directing relevant content to you. A cookie in no way gives us access to your computer, device or any information about you, other than the data you choose to share with us.
We may place a cookie on the hard drive of the device that you use to access the Service. The cookies that we use may be persistent cookies (which are cookies that will continue to exist even after the given browser session is closed) or session cookies (which are cookies that only last for a given browser session). This helps us to provide you with a good experience when you use the Service and also allows us to improve our Service. The cookies that we use may record details of transactions you carry out through the Service. Details of your visits to the Service including, but not limited to, traffic data, location data, weblogs and other communication data may also be collected.
Smarticus Marketing Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Smarticus Marketing Limited, Unit 1, Springfort Business Park, Limerick Rd, Stereame, Nenagh, Co. Tipperary, Ireland, E45 V524.
Information we may collect from you
We may collect and process the following data about you:
Information you give us. You may give us information about you by filling in forms on our Service or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Service, subscribe to our Service, download content, search for a product or service, enter a competition, promotion or survey and when you submit a support ticket. The information you give us may include your name, address, email address and phone number, credit card and contact details.
Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors and methods used to browse away from the page;
We store physical and digital contact information, financial data required for billing purposes and other personal information.
We hold the following contact information:
Financial information needed for the purposes of billing
Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case, we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. Our usage of Google data is limited to the following use cases: accessing and storing analytics.
Uses made of the information
We use information held about you in the following ways:
Information you give to us.
We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer;
- To ensure the service we provide to you is delivered in the most effective manner for you.
Information we collect about you.
We will use this information:
- to administer our Service and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our Service to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our Service, when you choose to do so;
- as part of our efforts to keep our Service safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our Service about product features that may interest you or them.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimisation of our Service.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Smarticus Marketing Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using TLS technology and processed via our payment gateway, Stripe. We do not store any credit cards in our system. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Sub-processors we use include the following: Google Apps, Slack, Mailchimp, Woodpecker, Google Ads, Facebook Ads, Zapier and Stripe
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to provide you with details of the information we hold about you.
Terms of Service
These Terms of Service (hereinafter referred to as “TOS”) are entered into by and between the Client (hereinafter referred to as “you” or “your”) and Smarticus Marketing Limited t/a OnBrand (hereinafter referred to as “we”, “our”, or “us”). You are deemed to have accepted the provisions of this TOS by availing of our software as a service (hereinafter referred to as “SaaS” or “Service”). These TOS are made up of the terms below, plus any other policies and materials specifically referred to in this TOS.
I. DESCRIPTIVE AND TECHNICAL INFORMATION
We may provide you with catalogues, product brochures, photographs and other illustrations as a general representation of our Service, but these information shall not be taken as an exact representation and shall not form part of the TOS, except as specifically set forth. We reserve the right to make changes in design, specifications or materials that in our opinion are an improvement or necessary modification. Any description of our Service including, but not limited to, samples, literature, models, bulletins, drawings, diagrams, or similar materials are intended for the sole purpose of identifying and describing our Service and shall not be construed as an express warranty
II. LIMITED LIABILITY
We do not legally guarantee that our Service is one hundred percent accurate. Though we have reasonable grounds to believe that our SaaS software is in itself solid, the same is heavily reliant on your act of utilizing the same. As such, there is a logical degree of risk in these circumstances. Furthermore, we assume no responsibility for the integrity or completeness of the provided data delivered from your own site, or in respect of any error within the report calculation. Finally, we do not warrant that our operations shall be uninterrupted or error-free. We shall provide our Service on an “as is” and “as available” basis without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages including, without limitation, in respect of inaccurate information, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute services, loss of good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service, (ii) any conduct or content from any third party on the Service, (iii) any content and/or information obtained from the Service or reliance upon the Service or any part thereof, and (iv) unauthorised access, use, or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer or mobile equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our website or to which a link is available as part of the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. The Service can forward information from third party services or provide links to such services. We are not responsible for third party services, information provided by them, their actions, or omissions.
III. CLIENT’S UNDERTAKING
You agree that you are responsible and liable for all other users who utilize our SaaS Service through you, with or without your consent. While we make every effort to ensure that the data is secure at all times, you likewise recognize that there are instances that may damage, corrupt, delete or in any way alter your data that are beyond our control. Therefore, you accept responsibility for backing up any data, software, information and any other files. Under no circumstance shall we be held responsible for any server breaches, intercepted data, loss of data or any other analogous circumstances.
You agree that you are responsible and liable for all content and material used on our SaaS Service by you, with or without your consent. While we make every effort to ensure that the content has all required copyright and trademark permissions, you likewise recognize that there are instances that obtaining full validation are beyond our control. Therefore, you accept responsibility for ensuring all required permissions are in place.
You agree to refrain from using our Service:
- in excess of, or beyond, the agreed purpose;
- to distribute, sell, license, provide or otherwise make our Service available to third parties without our consent;
- to store or transmit material or information that is infringing, libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person or otherwise harmful, unlawful or tortious, or in violation of any third party privacy or other rights;
- in any way that is in violation of any applicable law, rule or regulation;
- to transmit viruses, malware, or other malicious code in the Service;
It is prohibited to modify, reverse-engineer, or otherwise manipulate, interfere with or disrupt the Service. In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.
V. TERM AND TERMINATION
We do not guarantee that the Service will always be available or be uninterrupted. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these TOS to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time. Following termination, all such terms that by their nature may survive termination of these TOS shall be deemed to survive such termination.
VI. MONITORING; PRIVACY
We reserve the right, but are not obligated, to monitor the use of our Service, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
You understand and accept that network and mobile services are not entirely secure. You are responsible for the security of your own devices, systems, credentials, and actions. Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
By using our services, you consent to any transfer of personal information for the purposes of storing the information where Smarticus Marketing Limited t/a OnBrand and/or our agents maintain their facilities. You are responsible for protecting and enforcing your rights.
VII. INTELLECTUAL PROPERTY RIGHTS
These TOS confer only the right to use the Service while these TOS and applicable license(s) (if any) are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these TOS, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from our SaaS Service.
You agree to hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your breach of these TOS, or your violation of any law or the rights of a third party, or your use of our services, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Nothing in these TOS shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these TOS.
You agree to payment of the service via Credit or Debit card. Transactions are processed via our Payments Provider Stripe. By accepting these TOS, you also accept the TOS of Stripe https://stripe.com/ie/ssa. For non OnBrand Platform related work such as Graphic design, all payments must be made within 7 days of invoicing or according to an agreement which will be noted on the invoice. Invoicing will commence on completion of the work or agreed by both parties. If we offer to allow payment on a monthly recurring basis, payment is required 7 days after invoicing.
X. LIABILITY DISCLAIMER
The information, content, software, products, and services included in or available through our Service may include inaccuracies or typographical errors. Changes are periodically added to the information therein. We may make improvements and/or changes to same at any time. Any general advice that you may acquire from us should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
XI. GOVERNING LAW
To the maximum extent permitted by law, the laws of Ireland shall govern these TOS and you hereby consent to Irish courts being the exclusive jurisdiction and venue in all disputes arising out of or relating to the Service and these TOS. The SaaS Service is unauthorized in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation this paragraph.
XII. CONTRACTUAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these TOS.
XIII. WAIVER AND SEVERABILITY
Our failure to exercise any rights under these TOS shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
XIV. QUESTIONS OR CONCERNS
Should you have any questions regarding these TOS, please contact us via e-mail at email@example.com or by mail to Smarticus Marketing Limited t/a OnBrand, Unit 1, Springfort Business Park, Limerick Rd, Stereame, Nenagh, Co. Tipperary, E45 V524. We will seek to swiftly resolve any concerns you may have.