Terms and Conditions

Data Protection Compliance

When using our Site and Services, you must comply with all applicable data protection laws and regulations, including but not limited to the UK Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). In particular, you agree to:

• Obtain all necessary consents and provide all required notices before collecting, sharing, or processing any personal data through our Services
• Process personal data only for lawful purposes and in accordance with applicable data protection laws
• Implement appropriate technical and organizational measures to protect any personal data you process using our Services
• Notify us promptly if you become aware of any data breach that involves our Site or Services

Intellectual Property Compliance

You agree to respect intellectual property rights in your use of our Site and Services, including:

• Not uploading, sharing, or distributing content that infringes upon any third party's copyright, trademark, patent, or other intellectual property rights
• Only uploading content for which you possess the necessary rights, licenses, consents, and permissions
• Respecting the moral rights of authors as defined in the Copyright, Designs and Patents Act 1988
• Not removing or altering any copyright, trademark, or other proprietary notices contained in the Site or Services

Monitoring and Enforcement

We reserve the right to:

• Monitor the Site for violations of these acceptable use provisions
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms
• Remove or refuse to display content that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms
• Terminate or suspend your access to all or part of the Site for any violation of these acceptable use provisions
• Cooperate with law enforcement authorities as required by law or to protect our interests

Account Creation and Maintenance

When you create an account with Innovective, you agree to:

• Provide accurate, current, and complete information as prompted by our registration forms
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Accept responsibility for all activities that occur under your account or password
• Take all reasonable steps to ensure that your account credentials remain confidential
• Notify us immediately of any unauthorised use of your account or any other security breach

Relationship with Privacy Policy

These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains:

• What personal data we collect from you when you use our Site or Services
• How we process your personal data and the legal basis for such processing
• How we share your personal data with third parties
• How we secure your personal data
• How long we retain your personal data
• Your rights regarding your personal data

By accepting these Terms, you also acknowledge that you have read and understood our Privacy Policy. In case of any conflict between these Terms and our Privacy Policy regarding the processing of personal data, the Privacy Policy shall prevail.

Regulatory Compliance

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. As a data controller, we are registered with the Information Commissioner's Office (ICO) under registration reference ZB772852 and adhere to all applicable data protection principles, including:

• Processing personal data lawfully, fairly, and transparently
• Collecting personal data only for specified, explicit, and legitimate purposes
• Ensuring personal data is adequate, relevant, and limited to what is necessary
• Maintaining accurate and up-to-date personal data
• Storing personal data in a form that permits identification for no longer than necessary
• Processing personal data in a manner that ensures appropriate security

International Data Transfers

Following the UK's exit from the European Union, we ensure that any transfer of personal data outside the UK complies with UK data protection laws. Specifically:

When transferring personal data to countries within the European Economic Area (EEA), we rely on the UK's adequacy regulations that recognise the EEA as providing an adequate level of data protection

For transfers to the United States and other non-EEA countries, we implement appropriate safeguards as required by UK GDPR, such as:

• Standard contractual clauses approved by the UK government
• Binding corporate rules (where applicable)
• Adequacy decisions made by the UK government

When using third-party service providers that may process your data internationally, we ensure they provide sufficient guarantees to implement appropriate technical and organizational measures to comply with UK data protection laws

You can request information about the specific safeguards applied to the export of your personal data by contacting our Data Protection Officer at [email protected].

Confidentiality

We understand that in the course of providing our Services, we may have access to confidential information about you or your business. We treat all client information with the utmost confidentiality and have implemented robust measures to protect it:

• All staff members and contractors with access to confidential information are bound by confidentiality agreements
• We apply the principle of least privilege, ensuring that access to confidential information is restricted to those who need it to perform their duties
• Client data is segregated and protected using industry-standard encryption and security measures
• We conduct regular security assessments and audits to ensure the ongoing effectiveness of our confidentiality measures

For consulting engagements and professional services, additional confidentiality provisions may apply as detailed in your specific service agreement.

Your Data Protection Rights

Under the UK GDPR and Data Protection Act 2018, you have the following rights regarding your personal data:

• Right of access: You have the right to request a copy of the personal data we hold about you.
• Right to rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• Right to erasure: In certain circumstances, you have the right to request that we delete your personal data (also known as the 'right to be forgotten').
• Right to restrict processing: You have the right to request that we restrict the processing of your personal data in certain circumstances.
• Right to data portability: You have the right to request that we provide you with your personal data in a structured, commonly used, and machine-readable format.
• Right to object: You have the right to object to our processing of your personal data in certain circumstances, including for direct marketing purposes.
• Rights related to automated decision-making: You have the right not to be subject to a decision based solely on automated processing that produces legal or similarly significant effects concerning you.

Subject Access Requests

To exercise any of the rights listed above, please submit a Subject Access Request (SAR) using one of the following methods:

• Email our Data Protection Officer at [email protected] with the subject line "Subject Access Request"
• Send a written request to: Data Protection Officer, Innovective Ltd, Forma House, 40 Bowling Green Lane, London, EC1R 0NE, United Kingdom
• For clients with an account, you can also initiate a Subject Access Request through your client dashboard

We will respond to your request within one calendar month of receiving it. This period may be extended by up to two additional months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of receiving your request, along with the reasons for the delay.

To help us respond efficiently to your request, please:

• Clearly state which right(s) you wish to exercise
• Provide sufficient information to confirm your identity (we may request additional information if necessary)
• Specify the personal data to which your request relates, if applicable

We will not charge a fee for processing your Subject Access Request unless the request is manifestly unfounded, excessive, or repetitive. In such cases, we may charge a reasonable fee or refuse to act on the request.

Data Retention Periods

We retain your personal data only for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. Our retention periods are based on the Information Commissioner's Office (ICO) guidelines and are outlined below:

• Account information: If you have a client account with us, we retain your account information for the duration of our business relationship plus 7 years following account closure
• Transaction records: Information related to financial transactions is retained for 7 years in accordance with UK tax and accounting regulations
• Support tickets and service records: Records of support interactions and service delivery are retained for 2 years after the issue resolution or service completion
• Marketing preferences: Information about your marketing preferences is kept until you withdraw your consent or unsubscribe
• Website usage data: Data collected through cookies and similar technologies is retained for up to 26 months for Google Analytics data, and 14 months for other analytics platforms
• Contact form submissions: Information provided through contact forms is retained for 2 years from the date of submission

You have the right to request the deletion of your personal data before these retention periods expire, subject to any legal requirements that may override such requests. For more detailed information about our data retention practices, please refer to our Privacy Policy.

Account Deletion

You may request the deletion of your account at any time by:

• Using the account deletion option in your account settings (if available)
• Emailing our support team at [email protected]
• Submitting a request through our contact form

Upon receiving your account deletion request, we will:

• Verify your identity to ensure the request is legitimate
• Inform you of any active services or outstanding obligations that may be affected by account deletion
• Process the deletion of your account and associated personal data in accordance with our retention policies and legal obligations
• Provide confirmation once the deletion process is complete

Please note that certain information may be retained even after account deletion where we have legitimate business or legal reasons for doing so, such as for tax, audit, or dispute resolution purposes. Such information will be retained only for as long as necessary and will be kept secure and isolated from any active systems.

Ownership and Protection

The Service and all its content, features and functionality (including but not limited to information, software, text, displays, images, video, audio, and the design, selection and arrangement thereof) are and shall remain the exclusive property of the Company, its licensors, or other providers of such material. These are protected by UK copyright law (Copyright, Designs and Patents Act 1988), trademark law, patent law, trade secrets, and other intellectual property or proprietary rights laws of the United Kingdom and international treaties.

Permitted Use

These Terms allow you to use the Site for your legitimate business purposes in connection with the services we provide. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site without express written permission from the Company. Any content made available through client account access is for your exclusive use in relation to our ongoing professional relationship.

Prohibited Use

Should you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms constitutes a breach of these Terms and may violate applicable intellectual property laws.

Moral Rights

The Company respects the moral rights of authors as provided under the Copyright, Designs and Patents Act 1988, including the right to be identified as the author and the right to object to derogatory treatment of a work. You agree to respect these moral rights when using any content on our Site.

Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use these without prior written consent from the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Client-Specific Intellectual Property

Any intellectual property created by the Company specifically for a client as part of our consultancy services will be governed by the specific agreements in place for that engagement, which may differ from these general Terms and Conditions.

Intellectual Property Disputes

Any dispute or claim arising out of or in connection with intellectual property rights related to this Site shall be governed by and construed in accordance with the laws of the United Kingdom, and shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Eligibility Criteria

This Site is offered and available exclusively to users who are 18 years of age or older and who have the legal capacity to enter into binding contracts under UK law. This Site is intended for business and professional use by individuals and organisations capable of entering into legally binding commercial relationships.

Representations and Warranties

By using this Site, you expressly represent and warrant that:

• You are at least 18 years of age
• You possess the legal authority and capacity to form a binding contract with the Company
• You are either acting on your own behalf or have been duly authorised to act on behalf of the business or organisation you represent
• All information you provide in connection with your use of the Site is accurate, complete and current
• Your use of the Site does not violate any applicable law, regulation, or third-party agreement

Termination of Access

If you do not meet all of these eligibility requirements, you must immediately cease all access to and use of the Site. The Company reserves the right to verify your eligibility at any time and may terminate or restrict your access to the Site without prior notice if we have reasonable grounds to believe you do not meet the eligibility criteria set forth in these Terms.

Additional Eligibility Requirements

You acknowledge that certain services, features, or areas of the Site may have additional eligibility requirements as specified in the relevant service descriptions or additional terms. It is your responsibility to ensure you meet all applicable requirements before attempting to access or use such services or features.

Exclusions of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law, including our obligation to provide services with reasonable care and skill as required under the Consumer Rights Act 2015.

For Business Users

If you are using our Site and services for business purposes, to the extent permitted by law:

• We exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied
• For paying clients, our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of (i) the total amount paid by you to us in the 12 months preceding the event giving rise to the liability, or (ii) £5,000
• For users accessing free content or using our Site without a paid service agreement, we shall have no liability whatsoever for any losses or damages, regardless of how they arise
• In no event shall we be liable to you for any loss of profits, loss of revenue, loss of business, business interruption, loss of anticipated savings, loss or corruption of data, loss of goodwill, or any indirect or consequential loss or damage

The limitations of liability in this section are subject to the reasonableness test under the Unfair Contract Terms Act 1977 and are considered by us to be fair and reasonable in the circumstances.

For Consumers

If you are accessing our Site as a consumer (that is, not for business purposes):

• We are under a legal duty to supply services that are in conformity with our contract with you and to provide services with reasonable care and skill as required by the Consumer Rights Act 2015
• If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable
• Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract
• Our liability to you shall not be limited in a way that is prohibited by the Consumer Rights Act 2015

Please note that our services are primarily intended for business use. If you are a consumer, your statutory rights are not affected by these Terms.

For All Users

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 equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability may apply to specific services provided to you, as set out in other applicable terms or agreements between us.

Formal Notices

Any notice or other communication required to be given under or in connection with these Terms shall be in writing and shall be:

• Delivered by hand or sent by pre-paid first-class post or other next working day delivery service to the recipient's registered office (if a company) or principal place of business (in any other case)
• Sent by email to the last known email address of the recipient, provided that a delivery receipt or read receipt is requested and received
• For notices to the Company, sent through the designated "Contact Us" form on our Site (where available) with a confirmation of receipt from the Company

Any notice or communication shall be deemed to have been received:

• If delivered by hand, at the time the notice is left at the proper address
• If sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting
• If sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume (9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt)
• If sent through the "Contact Us" form, when the Company sends a confirmation of receipt

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Electronic Communications

For the purposes of the Electronic Communications Act 2000, the Electronic Commerce (EC Directive) Regulations 2002, and other relevant UK legislation, you expressly agree that:

• We may provide all communications and information related to these Terms, including changes to the Terms, electronically, either by posting to our Site or by email to the address you have provided
• Electronic communications shall be deemed received by you when we send them, regardless of whether you actually access or read the communication
• All electronic communications between you and the Company satisfy any legal requirement that such communications be in writing, subject to applicable law
• You have the right to withdraw consent to receive electronic communications at any time by contacting us, however, we may then be unable to provide the Services to you
• Any electronic communication is admissible as evidence of the communication in any legal proceedings
• The time of receipt of electronic communications shall be when the communication is fully transmitted to or from the email address or system designated by the recipient

Client Account Notifications

If you have a client account with us, you agree to:

• Receive notifications and updates related to your account, support tickets, and service status through in-app notifications, email, or other electronic means
• Keep your notification preferences up to date through your account settings to ensure you receive important communications
• Regularly check your client account dashboard for any pending notifications or updates that may not have been delivered via email
• Acknowledge that certain critical service and security notifications cannot be opted out of and will be sent regardless of your notification preferences

Address and Contact Information Changes

You are responsible for keeping your contact details current and accurate. Any changes to your address, email, or other contact information should be promptly updated through your account settings or by notifying us directly. The Company shall not be liable for any consequence arising from your failure to update your contact information.

Please note that if you fail to maintain current contact information, communications sent to your last known address (postal or electronic) shall still be deemed valid and received as described above.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law provisions. This choice of law does not affect your rights as a consumer according to the consumer protection laws of your country of residence.

Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of England and Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Alternative Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us directly to discuss any concerns or disputes. We will make reasonable efforts to resolve disputes amicably and efficiently.

If you are a consumer based in the European Union, you may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

For UK-based consumers, in accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, we offer access to alternative dispute resolution services through:

• CEDR (Centre for Effective Dispute Resolution) - https://www.cedr.com/consumer/
• ProMediate - https://www.promediate.co.uk/

However, please note that we are not obliged to participate in alternative dispute resolution procedures.

Ombudsman Services

UK consumers have the right to refer certain unresolved complaints to relevant ombudsman services. For technology and digital services, you may be able to refer your complaint to the Communications Ombudsman at https://www.ombudsman-services.org/sectors/communications or the Information Commissioner's Office for data protection matters at https://ico.org.uk.

General Provisions

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.