TERMS & CONDITIONS - For Vevox Apps

Vevox Applications
Terms and Conditions
Effective Date – 19th March 2024

1    Introduction

1.1    These terms of use (“Terms”) apply to your use of the Vevox Software Application (the “App”). The App is made available by Auga Technologies Limited, with its registered address at Auga Technologies Limited, Ashcombe Court, Woolsack Way, Godalming, GU7 1LQ, United Kingdom (“Vevox”, “us” “we” or “our” for short) and registered company number 05885409.
1.2    The App is available through the website https://vevox.app/ (the “Site”) or through the apps available within Microsoft Teams or Cisco Webex.
1.3    These Terms (together with our Privacy Policy) form the entire terms between you, as a user of the App, and Vevox for the use by you of the App and the access by you of the Site. By accessing the App you confirm that you have read, understood and agree to these Terms and to the collection of and use of your personal data by means to the App in accordance with these Terms and the Privacy Policy. Please read them carefully. Our Privacy Policy sets out important information on how we collect, use, disclose and manage that personal information. If you do not agree to these Terms (together with our Privacy Policy) in their entirety you must discontinue use of the App and the Site.
1.4    We make different versions of the App available on behalf of our clients companies (the “Clients”) who are conducting interactive events (“Sessions”) and/or conducting particular projects (“Projects”). If you are participating in a Session or Project, you may have been directed to use the App as part of that programme. The Client may impose additional terms on your participation in Sessions or Projects, and these additional terms are between you and the Client and are not terms to which we are party. This includes the basis on which the Client may ask you to share your personal data through the App, as further described below.
1.5    If you cease to participate in a Session or Project and do not wish to continue use of the App, it is your obligation to discontinue your use.

2    Privacy Policy

2.1    The App is intended to facilitate Sessions and Projects and create an interactive forum whereby live polls and voting, the submission of questions and feedback and messaging can be used.
2.2    Your responses to those surveys and/or chats, and any other information you provide via the App, may include personal information about you. The Client may collect, analyse and process that personal information in accordance with its own terms and conditions and privacy policies. You should read any such documents carefully and make sure that you understand these before participating in a Session or Project via the App. We are not responsible in any way for any collection, analysis and processing of your personal data by the Client.
2.3    As noted above, we will also process your personal data in accordance with our Privacy Policy and these Terms.
2.4    Our primary hosting site is managed by Amazon Web Services (“AWS”). It is located in EU-West-1 region (Ireland). All data is stored within the EEA and we are fully GDPR compliant.
   2.4.1    Upon Client request, our secondary hosting site can be utilised. It is managed by Amazon Web Services (“AWS”). It is located in US-East region, North Virginia (USA). All data is stored within the US.
2.5    As the data processor we take data privacy very seriously, to this point we are ISO 27001 certified and all data is encrypted in transit and at rest.

3    Your use of the App

3.1    We hereby grant you a personal, non-exclusive, non-transferable, limited, right to use the App for your own limited, personal, and lawful use, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited licence basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.2    Either of us may terminate the licence at any time immediately with or without notice and on such termination you must discontinue use of the App on your device by following the steps below:
(a)    On the Site – by signing out of the session
(b)    On Microsoft Teams or Cisco Webex – by signing out of the session
3.3    Please note that any information that has previously been submitted by you via the App and sent to us up until the time you discontinued use of it may continue to be used by the Client.
3.4    You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Vevox’s prior written permission.
3.5    If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
3.6    You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms.
3.7    Please note that use of the App is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

4    Warranties and Liability

4.1    The App and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Vevox disclaims all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Vevox does not warrant that the functions contained in the Materials will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4.2    Except for any liability for personal injury or death caused by our negligence, Vevox shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App, or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.3    While we use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, Vevox shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the App.
4.4    When the App is used, in order to operate, it requires an internet connection (Wi-Fi, mobile data or other). You are advised to check charges and terms with your communications service provider if using the App abroad or in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications with service providers in respect of the use of the App on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the App.

5    Information arising from your use of the App

5.1    Any information, data, reports, and analysis which are created following your use of the App (“Data”) shall vest in and be owned by the Client. The Client is the Data Controller of such information for the purposes of the General Data Protection Regulation and the Data Protection Act 2018
5.2    We do not retain any data about your usage of the App other than as set out in our Privacy Policy.
5.3    We acknowledge that we are processing your data on behalf of the Client. We will comply with all requirements of the General Data Protection Regulation and the Data Protection Act 2018, and any legislation and/or regulations implementing them or made in pursuance to them (the "Data Protection Requirements") in respect of our obligations as the data processor.
5.4    We do not audit the usage of the App and we are not under any obligation to use, collect or analyse any Data relating to you and we cannot be liable for any use of your Data by the Client.

6    Acceptable Use Policy

6.1    In your use of the Site and the App, you agree that you will adhere to the following (Acceptable Use Policy). You agree to:
6.2    Not circumvent or attempt to circumvent any security protection on the Site or relating to the App.
6.3    Keep your passwords and any material you use to access the App or any limited part of the Site confidential.
6.4    Be accurate and not misleading.
6.5    Not breach, in any way, the Data Protection Act or any other applicable local, national or international law or regulations.
6.6    Without limitation to the previous point, you will not use the App or the Site to process any other person’s personal data unless you have their express consent to do so.
6.7    Without prejudice to the foregoing not be discriminatory (whether on the grounds of race, sex, sexuality, disability, marital or family status or on any other protected status grounds) or in our reasonable opinion do anything which might constitute biased or hate speech.
6.8    Not be defamatory.
6.9    Not, in our reasonable opinion, be offensive, harassing or abusive.
6.10    Not use the Site or the App in ways which are unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect.
6.11    Not use the Site or the App in ways which are for the purpose of harming or attempting to harm minors in any way.
6.12    Not upload anything to the Site which contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.13    Inform us as soon as reasonably practicable if you become aware that you are or may be in breach of any of the above points and comply with our reasonable directions with respect to remedying the situation.

7    Changes

7.1    We reserve the right to make changes to these Terms, or to the functionality, features or content of the App at any time. Changes to these Terms will be announced on our website. Please be sure to visit it regularly.

8    Third party Rights

8.1    These Terms are personal to you and Vevox and may not be enforced by any third party, whether pursuant to the Contracts (rights of Third Parties) Act 1999 or otherwise.

9    Governing Law and Jurisdiction

9.1    These Terms shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them or in connection with the App shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts formed by these Terms shall be construed in English.
9.2    You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the App. To the extent that the App or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the App or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.


Our approach to privacy

Privacy Policy
Effective Date: 19th March 2024

Who we are

Auga Technologies Ltd (and product, Vevox), are referred to in this Privacy Policy as “Vevox” or “we”. Vevox is a market leading provider of real-time audience engagement and consumer insight technology for research companies, media companies and brands. Our company is headquartered in the United Kingdom, but our operations are global.

Our products and services are used to collect and analyze information to help Clients better understand their customers, employees, students and more. Some of this information can be personal data . The information is as important to us as it is to you, and we take very seriously our responsibility to safeguard it and use it fairly and responsibly.

You acknowledge that given the products and services are mobile technology-based we have no knowledge or control of the location in which our users choose to access those products and services and as a result this privacy policy applies only to our use and processing of your data once it is uploaded by you to our systems.

This Privacy Policy sets out who we are, what information we might collect, and what we do with that information. It also explains what your rights are. This Privacy Policy informs you how we use, store, protect and disclose your personally identifiable information (PII) when it is in our hands.

For the purposes of this policy: Data Protection Law means all applicable laws, rules and regulations of all applicable jurisdictions, including, but not limited to, the EC Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data and in particular means UK GDPR (being EU General Data Protection Regulation 2016/679 (“GDPR”) as retained into English law pursuant to the Data Protection, Privacy And Electronic Communications (Amendments Etc)(Eu Exit) Regulations 2019 made on 28 February 2019 (as amended by the Data Protection, Privacy And Electronic Communications (Amendments Etc)(Eu Exit) Regulations 2020 laid on 14 October 2020), the Data Protection Act 2018 and any similar or analogous legislation in any country anywhere in the world where Auga exports, transfers or locates End User Data in accordance with this privacy policy and, where used herein, the terms “data controller”, “data processor”, “data subject”, “processing”, “personal data” and “sensitive personal data” shall have the meanings attributed to those terms in UK GDPR.

We aim to provide all our products and services in strict compliance with Data Protection Law.

Legal matters, we always ensure that our providers are compliant with Data Protection Law and that all of our employees follow our policies set out to protect our users data. We also follow guidance around Data Protection Law compliance and other regulatory bodies, as regulations change we will adjust our plans to ensure our users data is protected accordingly.

This Privacy Policy also incorporates our Cookie Policy. Our Site uses a cookie consent solution which is powered by our trusted service partner One Trust Limited.

“Cookie” is used as a blanket term for all cookies, tags, trackers, pixels, beacons and other similar technology whether placed by ourselves or by third parties, which may be stored on your browser or the hard drive of your computer and which contain information that is transferred to your computer’s hard drive. Our approach, using our cookie consent solution is to;

With the exception of strictly necessary cookies, which do not store any personally identifiable information and which are essential to the operation of the whole or specific parts of the Site, our solution allows you to select and manage your cookie preferences, and to prevent cookies from deploying until you have actively consented to their use. If you wish to change your cookie preferences at any time, please click on the cookie banner displayed on the homepage on https://www.vevox.com.

IMPORTANT NOTICE

Because our business involves collecting and analyzing personal information at the request of our clients (“Clients”), we in general only collect and process your information in accordance with their instructions, and we act as data processors for our Clients. We are required to comply with our Clients’ directions as to how they want us to use your information and the terms of any assurances they have given you about privacy, subject always to applicable laws. We may share your personal information with our Clients who have asked us to collect and process it. They have their own Privacy Policies that apply to your information once it is passed to them and they should provide you with a copy of their Privacy Policy. Whilst we will process such data in accordance with this Privacy Policy, the ownership of such data vests in the Client who are the data controllers in respect of your data, and the persons to whom you should direct any requests to exercise your rights listed below under the UK GDPR and the remaining Data Protection Law.

The limited circumstances in which we act as data controller in relation to your data are where we interact with you through our website at https://www.vevox.com (the “Site”) for example where you submit information to us via contact forms on the Site or interact with our chatbot and support system. We set out below how we handle your data in relation to the Site and our policy with respect to cookies on the Site. Your submission of personal information to us following consent to this privacy policy represents your agreement to our processing such data (including transferring it to third parties) for the purposes and on the basis set out below.

In respect of your personal data which we hold as data controller, you have the rights

Some of the above rights only apply in restricted circumstances but if you wish to exercise any of these rights, please contact us on privacy@augatechnologies.com. If you have a complaint about our handling of your data, please also contact us on the above email address, but if you are dissatisfied with our handling of the complaint you have the right to complain to the Information Commissioner’s Office (https://www.ico.org.uk) where you should also be able to find more details about the rights of data subjects.

Where Vevox gets your personal information

We collect your personal information from a range of sources:

Because our business revolves around helping our Clients to reach and better understand their customer base, we may also receive information about you from those Clients to help them get in touch with you or analyze the information they already have about you. Please note that we are not responsible for the legal basis on which Clients process or use data which they supply to us.

The information we collect

Our apps and products collect and analyze a range of information. Depending on the particular app you are using, this may include:

Sharing information with third parties

We do not disclose any information about you to any third party for marketing, advertising or promotional purposes, unless you have given us express consent to do so or unless otherwise described in this Privacy Policy.

We may share your personal information with:

We may also share your personal information in the following circumstances:

Security

The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example by providing data encryption, we cannot guarantee the security of your data transmitted to our Site or app. Any transmission is at your own risk. However, we take the privacy of your personal information very seriously and use a number of methods to try to keep your personal information secure from loss or unauthorized use or access when it is in our possession or control. These methods include reasonable physical, technical and organizational measures to restrict access to your personal information. For example, your personal information is encrypted when stored (using AES256) and when transmitted by using transport layer security (TLS1.2).

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site and/or apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Where you are given access to our app by one of our Clients, the Client will have its own requirements with respect to your access to the app and may direct you with respect to password and logon information. We are not responsible for third party (including Client) security practices.

Where required by applicable law, we will notify you of any loss of or unauthorized access to your personal information, and we will cooperate with the appropriate authorities to investigate such incidents.

International transfers of information

We are a global company with service providers and Clients operating in several countries around the world. We use “cloud-based” storage solutions, meaning that your personal information may be transferred and stored in locations outside of your state, province or country, where the privacy laws may not be as protective as those in your jurisdiction.

Except where we have entered into a specific agreement with an individual Client located outside the UK or the European Economic Area and that Client has requested that we use a non-UK / EEA hosting facility, we will never process your data outside the UK or the European Economic Area, where that data is collected by our Clients using our systems.

Where we are the data controller of data gathered through our Site, chatbot or support functions, that data may be processed outside the UK or EEA by our authorised processors, but the transfer to such processors will only be made on one of the legal bases set out below under “Transfer of personal data to third countries (outside the EEA)” and otherwise in accordance with this policy.

Our Clients may operate outside the EEA and may use our platform to process your personal information by them in those locations. If this is the case their policies should state this fact and they are legally liable to comply with local data protection law in such locations.

Transfer of personal data to third countries (outside the EEA)

In accordance with Data Protection Law a transfer of personal data to a third country may take place on a number of specified legal bases, and should not take place unless one of those bases applies. We take care to ensure that all our transfers are carried out on an appropriate legal basis and keep those bases under review.

The applicable bases include:

We use subcontractors (sub-processors) to deliver the best service possible to Clients and to users of the Site. We do not sell rights to personal data to sub-processors and we ensure that transfers of personal data to third countries are carried out on the basis of one of the applicable bases and, where we ourselves are acting as processors to our Clients, in accordance with the data processing requirements of our agreement with our Clients.

We take steps to try to ensure that your personal information is kept secure regardless of its location, in compliance with applicable laws.

A list of our current sub-contractors can be obtained if you email us on privacy@augatechnologies.com. We reserve the right to add subcontractors if they comply with the requirements of this Privacy policy.

Retention of your information

We retain your personal information for as long as our Clients request us to do so. In most cases, this will be the duration of a particular project, course or a campaign for which our Client has asked us to collect and process information about you. We regularly audit the information we hold to ensure that it remains relevant to our current requirements and those of our Clients.

We maintain a permanent record of anonymized location, demographic and survey data. This data is used to produce aggregated consumer insights, and cannot be used to identify individuals.

Information which we hold as data controllers which we have obtained through our Site is held on the basis of our legitimate interest and we keep data held by us under review in accordance with data retention good practice.

Minors

Vevox is committed to protecting our users privacy, especially young children. We do not knowingly collect data or personal information on persons under 16 years of age, except in compliance with Data Protection Law. If our Clients collect data on children under the age of 16 years of age they must obtain express consent from the children’s parents or legal guardian prior to use of our services.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will only use your data for marketing purposes where you have checked relevant boxes on the forms we use to collect your data, where appropriate, or you can also exercise the right (including the right of access to information we hold on you as controller described below) at any time by contacting us at privacy@augatechnologies.com.

We will always give you a right to unsubscribe if sending you direct marketing messages where you have agreed to receive these.

If exercising your rights under this section, please include the words “subject data request” in the email to us.

Access to information

Privacy legislation gives you the right to access all information we have about you where you have provided data to us directly in the circumstances where we act as data controller. Where we hold data as the processor of that data, we will help our Clients to service any data access request made by you to them or to us, but we will not respond directly in this case. If you want to review any data we might have of yours which you provided via a Client, please contact the company that gave you access to our services.

You also have the right of erasure, meaning you can request data we hold on you to be deleted. To do this please reach out to the company that gave you access to our services and they can make an official request to remove any data you have requested we remove.

Compliance and Updates

Technologies, privacy laws and our way of doing business change from time to time, and so do your rights and expectations. To make sure we are up to speed, we make updates to this Privacy Policy from time to time. When we make those changes we will always publish the updated versions on our website at https://www.vevox.com.

We work with regulatory authorities to ensure that we are up to the standards set out. Your feedback is important to us and if you feel that we can improve please contact us at privacy@augatechnologies.com.

Data Protection Law

We’re committed to helping our clients and users adhere to Data Protection Law in their use of our Site and our apps.

All of our processes, agreements and systems are compliant with the legislation and we will monitor the implementation and guidance from authorities to ensure that we remain compliant in accordance to the guidance of the regulatory bodies.

This Privacy Policy is effective as of the date set out above.

Your Assent

When you use our app (the “Vevox App”), which we make available from the Site via a browser or through the apps available within Microsoft Teams or Cisco Webex, or use one of our services, or provide us with personal information in a survey or questionnaire, you will be asked to indicate that you have read and agreed to this Privacy Policy. Your use of our Site is also subject to this Privacy Policy. In giving your assent to the terms of this privacy policy, you agree to:

If you do not want your personal information to be used in this way, then please do not use our products, services, or Site.

Contact us

If you have any questions, comments or concerns about this Privacy Policy, or our approach to privacy generally, or wish to exercise one of your data subject rights in respect of the data we hold as controller, you can email us at privacy@augatechnologies.com or write to us:

Vevox
Unit 10a, Oakhanger Business Park, Oakhanger Road, Hampshire, GU35 9JA

Get in touch

Fulfilling our privacy and data security commitments is important to us, and we welcome your feedback. If you are a client or a user of one of our services we are happy to answer any questions you might have. If you have any comments, questions or concerns please email us at privacy@augatechnologies.com