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Legal Notices
This document sets out the following:
A. GPS's Legal Notice
B. GPS's Privacy Statement
C. Acceptable Use Policy
D. GPS Group Companies
This Privacy and Legal Notice was last updated on 09 March 2010.
A. GPS's Legal Notice
The websites http://www.gps-telecom.com, www.gps-telecom.co.uk, www.gps-mobileuk.com, www.gps-mobileuk.co.uk, www.gps-leasing.com, www.gps-leasing.co.uk, www.gps-energy.com, www.gps-energy.co.uk, www.gps-trackingltd.com, www.gps-trackingltd.co.uk, www.gps.european.com, www.gps-enterprise.com and other websites owned or operated by GPS from time to time ("Websites") and the services offered on and through the Websites and GPS systems are offered to you by the GPS Group companies listed in Section D below ("GPS").
Please read this Legal Notice carefully before using GPS systems or services or the Websites or contracting with GPS through the Websites or otherwise. You may not use the Websites or their contents or GPS systems and services for any purpose that is unlawful or otherwise prohibited by this Legal Notice.
1. Acceptance of Legal Notice
1.1 By accessing any part of the Websites or using GPS systems and services, you shall be deemed to have accepted this Legal Notice. If you do not accept this Legal Notice, you must leave the relevant Website immediately and not use any GPS systems and services.
1.2 GPS reserves the right to change or update this Legal Notice. Any revisions to this Legal Notice will be published on the Websites and any significant changes that affect your rights will be notified to you by email where you have provided your email address to GPS pursuant to a contract with us.
1.3 Additional terms and conditions apply where you enter into any contract with GPS for GPS goods and services via the Websites or otherwise and this Legal Notice will form a part of such contract that you have with GPS.
1.4 This Legal Notice also incorporates GPS's Acceptable Use Policy. Click here to view the Acceptable Use Policy. We advise that you read this document carefully before using the Websites, GPS systems and services.
2. Copyright and Other Intellectual Property Rights
2.1 Your use of the Websites, GPS systems and services grants no rights to you in relation to copyright, trademarks or other of GPS's intellectual property rights or the intellectual property rights of third parties including GPS's licensors.
2.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Websites, GPS systems and services except for your own personal, non-commercial use or where GPS expressly gives you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of such content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
3. Information on the Websites
GPS is constantly seeking to improve the Websites, GPS systems and services and their content and GPS may therefore change any aspect of the Websites, GPS systems and service content, including the availability of any suppliers, features, information, database or content at any time.
4. Limitation of Liability
4.1 Nothing in this Legal Notice shall restrict your statutory rights (including your rights to receive a reasonable standard of service).
4.2 Subject to Clause 4.1 above, all content and services on the Websites, GPS systems or services are provided on an 'as is' and 'as available' basis. GPS does not make any promise in respect of the Websites, GPS systems or services or their content, including, without limitation, any advice or other information given and statements made by advertisers on the Websites or through GPS services. Please note that any opinions, views or advice expressed by contributors or visitors to the Websites or GPS services do not necessarily represent GPS's own.
4.3 GPS will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to GPS's attention. GPS cannot, subject to Clause 4.1 above, promise that the Websites, GPS systems or services will always be available uninterrupted and in a fully operating condition nor that the information on and provided via the Websites, GPS systems or services will be free from errors or omissions. Further, given that you will be accessing third party owned and controlled content via the Websites and in using the GPS systems and services, GPS does not make any promises as to such content and notes that any access by you of such content shall be made with your own judgment and at your risk.
4.4 Access to the Websites, GPS systems or services and any content provided via these may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond GPS's control or pursuant to an investigation pursuant to the Acceptable Use Policy.
4.5 GPS does not give any promise as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through the Websites or GPS services.
4.6 From time to time, the Websites include hyperlinks to websites operated by third parties (including in relation to the sale of goods and services offered via the Websites or otherwise from GPS). Such hyperlinks are provided for your reference and convenience only. GPS does not control such websites and is not responsible for their contents. GPS's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In particular, you acknowledge that will not be party to any transaction or contract with a third party that you may enter into in the course of using the GPS systems and services or via such hyperlinks and that GPS shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise.
4.7 GPS will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with a breach of this Legal Notice as otherwise caused in using the GPS systems, services or Websites by you or another user of the Websites that is not directly attributable to GPS's breach or negligence. Where GPS is liable for direct loss this will be limited to a maximum of the total price of the products or services acquired or provided directly by GPS to you via the Websites or GPS services in respect of which a claim is made or the sum of £1,000 whichever is the lesser.
4.8 Nothing in this Legal Notice shall exclude or limit GPS's liability for fraudulent misrepresentation or death or personal injury caused by GPS's negligence.
5. Competitions, Offers and Prize Draws
Each competition, offer or other promotional features available through the Websites may have specific terms and conditions. You will need to read and accept these before making a submission.
6. General
6.1 GPS shall not be liable for any failure for any suspension, or termination of access to the Websites or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting GPS or GPS's suppliers, partners or agents.
6.2 If any of the terms of this Legal Notice are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
6.3 This Legal Notice shall be governed by and interpreted in accordance with the laws of England (or the laws of Scotland where you are domiciled there). Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
6.4 For a list of the GPS Group Companies' VAT numbers, registered office and company number where relevant, see Section C below.
6.5 For Your information, GPS is a member of the following trade associations: European Competitive Telecommunications Association (ECTA), the UK Competitive Telecommunications Association (UK CTA), and the Internet Telephony Service Providers Association (ITSPA). GPS is regulated by OFCOM. For more details in relation to OFCOM, please refer to the GPS Code of Practice.
7. Contact Details
If you have any questions or complaints regarding this Legal Notice, the Websites or any GPS Group company, then you can contact us as follows:
Customer Services
GPS
Suite 9 Stowmarket Business Centre,
Ernest Nunn Road,
Stowmarket, Suffolk
IP14 2ED
Tel No: 0870 730 7000
Fax No: 0870 730 7005
Email: customerservices@gps-telecom.com
GPS Enterprise Ltd is a company registered in England and Wales with company number 06609302. (Registered Office Address: Suite 9 Stowmarket Business Centre, Ernest Nunn Road, Stowmarket, Suffolk IP14 2ED
B. GPS Privacy Statement
The GPS group of companies listed in Section C below("GPS") takes the privacy of its customers and visitors to its websites http://www.gps-telecom.com, www.gps-telecom.co.uk, www.gps-mobileuk.com, www.gps-mobileuk.co.uk, www.gps-leasing.com, www.gps-leasing.co.uk, www.gps-energy.com, www.gps-energy.co.uk, www.gps-trackingltd.com, www.gps-trackingltd.co.uk, www.gps.european.com, www.gps-enterprise.com and other websites owned or operated by GPS from time to time ("Websites") very seriously and seeks to ensure the highest standards of compliance with all relevant Data Protection Laws and Regulations. We have an up-to-date entry under the Data Protection Register in the UK. This can be seen at: http://www.dpr.gov.uk/.
This Privacy Statement is incorporated in your contract with GPS if you purchase GPS goods or services and in the Legal Notice set out in Part A of this Privacy and Legal Notice where you are just using or visiting the Websites. This Privacy Statement explains to you how GPS may use Your Data (as defined in 1.1 below).
By purchasing GPS goods or services or otherwise using the Websites, you consent to the use of Your Data in accordance with this Privacy Statement.
1. Your Data
1.1 "Your Data" means any information about you which is personally identifiable, including, without limitation, your name, address, telephone number, email address, financial details (including card and bank details), user names and passwords issued to you, comments, personal descriptions, photos and other information from which you can be identified and which you may disclose to GPS or otherwise via the Websites at any time.
2. When does GPS collect Your Data?
2.1 GPS collects Your Data from you when you:
2.1.1 fill in an order form to purchase goods and services from GPS;
2.1.2 enter a competition or other promotion;
2.1.3 make a complaint or enquiry or provide other feedback through the Website or otherwise to GPS (see our contact details below for details); or
2.1.4 disclose Your Data to GPS or otherwise through the Websites, to our call centres or otherwise directly to GPS employees and agents at any other point.
2.2 In certain circumstances, GPS may collect Your Data from third parties who have provided it to us. GPS always requires that such third parties comply with relevant data protection legislation in making such disclosure to GPS.
2.3 Please also note that calls to or from our call centres (see below for contact details) may be monitored for quality control and training purposes.
3. How does GPS use Your Data?
3.1 GPS uses Your Data to:
3.1.1 fulfil any contract that GPS has with you for the provision of goods and services including, without limitation, administering Your Account with GPS, processing your order and payments and in communicating with you regarding your contract and GPS services;
3.1.2 make suggestions as to the areas in the Websites that may be of most interest to you on the basis of Your Data that you have provided;
3.1.3 to carry out checks on your telephone line to ensure that we are able to offer you the services that you have ordered;
3.1.4 monitor, develop and improve the Websites, and GPS's other services;
3.1.5 process any competition entry or submission made by you;
3.1.6 process and deal with any complaints or enquiries made by or about you;
3.1.7 monitor and investigate any suspected breach of the Privacy and Legal Notice or contract that you have with GPS, made by or otherwise relating to you; and
3.1.8 where you have consented to GPS doing so, send you details by email, telephone, SMS or post about other GPS goods and services or selected third party goods and services that may be of interest to you.
To opt-out of receiving any information pursuant to paragraph 3.1.8, you can amend your preferences: (i) by sending an email stating that you no longer wish to receive such communications from GPS (see our contact details below); or (ii) by using the opt-out mechanism in the communication itself.
4. Will GPS pass on Your Data to third parties?
4.1 We may pass Your Data (or you may disclose Your Data directly to other parties when using the Websites and GPS services) as follows:
4.1.1 your username and password allocated to you as a part of GPS services that you may purchase from us for accessing any third party content will be provided to such third party automatically when you access their content and websites or by GPS to enable such access to be provided and when dealing with any queries in connection with your access and use of their content and GPS services;
4.1.2 where you choose yourself to post Your Data on the Websites, Your Data may automatically be available for others to see (you should therefore always exercise extreme caution before posting any information that you do not want others to see);
4.1.3 to GPS employees and agents to administer Your Account and to provide GPS goods and services to you or to deal with any correspondence entered into between you and GPS;
4.1.4 to third party content providers who GPS notifies you are working with GPS in relation to any services that you may contract with GPS for, in which case Your Data will be passed to them only to the extent that this is necessary for the delivery of such services and content to you (if you have any questions regarding such third party's own data processing policies, then you should contact them directly);
4.1.5 in some cases GPS may use a technical partner to conduct some processing of Your Data on GPS's behalf but this is always subject to strict contractual control and is in compliance with relevant Data Protection Legislation;
4.1.6 some general statistical information about visitors and users of the Websites, sales patterns, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying you;
4.1.7 GPS may disclose Your Data to the police, regulatory bodies or their or our legal advisers in connection with any alleged criminal offence or suspected breach of the Privacy and Legal Notice, your contract with GPS, other contractual terms or law by you (whether upon request or order of such police, regulatory body or adviser, or at our own discretion);
4.1.8 to third parties where you have consented to such use (for example, where you consent to GPS passing Your Data to third parties so that they may send you marketing communications;
4.1.9 to BT so as to carry out checks on your telephone line to ensure that we are able to provide you with the services that you have ordered; and
4.1.10 in the event that GPS (or any part thereof) is acquired by another company, Your Data may be transferred to such new company, but you will always be informed about such a change should it occur.
4.2 If you change your mind and decide that you no longer wish GPS to pass your data to third parties for marketing purposes, then you can let us know at any time via the contact details set out below. Please note however, that any third parties who were passed Your Data before such notice may still continue to send communications to you, and you should contact them directly if you do not wish to continue receiving such material.
4.3 Other than in the circumstances outlined in paragraph 4.1 above, GPS will not provide Your Data to any third party without your consent or unless GPS is required to do so by law or competent authority.
5. Data Security and Transfers
5.1 GPS endeavours to take all reasonable steps to protect Your Data. All the Data collected by GPS is stored on a secure server. The secure server software encrypts all information you input before it is sent to GPS.
5.2 GPS may transfer Your Data outside of the European Economic Area for any of the purposes set out in paragraphs 3 or 4 above. Please also note that the Websites may potentially be accessed from anywhere in the world and therefore Your Data may otherwise be transferred globally where you choose to post content containing Your Data on the Websites.
6. Cookies
6.1 Cookies are small pieces of information stored by your browser on your computer's hard drive. GPS uses cookies to allow GPS to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the Websites and services. Most web browsers automatically accept cookies, though you do not have to. GPS does not control the use of cookies by third parties. If you wish to disable cookies then you can do so by readjusting your browser settings although please note that by disabling cookies you may not be able to register with or use all features of the Websites.
6.2 For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at http://www.allaboutcookies.org.
6. Access to and Updating Your Data
Where you have entered into a contract with GPS and been issued a username and password, you may access and update Your Data contained in Your Account accessed by the "My Account" link or otherwise as may be set out in your contract with GPS. You must make sure that you update Your Data as soon as possible with any and all relevant changes.
7. Other links
Please be aware that the Websites may link to other web sites that may be accessed by you through the Websites. GPS is not responsible for the data policies, content or security of these linked web sites.
8. Contacting GPS
If you have any comments or queries in connection with GPS's Privacy Statement and/or in relation to any GPS Group company, please contact GPS by email at customerservices@gps-telecom.com, or write to GPS at
Customer Services
GPS
Suite 9 Stowmarket Business Centre,
Ernest Nunn Road,
Stowmarket, Suffolk
IP14 2ED
Tel No: 0870 730 7000
Fax No: 0870 730 7005
Email: customerservices@gps-telecom.com
C. Acceptable Use Policy
The websites http://www.gps-telecom.com, www.gps-telecom.co.uk, www.gps-mobileuk.com, www.gps-mobileuk.co.uk, www.gps-leasing.com, www.gps-leasing.co.uk, www.gps-energy.com, www.gps-energy.co.uk, www.gps-trackingltd.com, www.gps-trackingltd.co.uk, www.gps.european.com, www.gps-enterprise.com and other websites owned or operated by GPS from time to time ("Websites") and the services offered on and through the Websites and GPS systems are offered to you by the GPS Enterprises Ltd group of companies listed here ("GPS").
Please read this Acceptable Use Policy carefully before using GPS systems or services or the Websites or contracting with GPS through the Websites or otherwise. You may not use the Websites or their contents or GPS systems and services for any purpose that is unlawful or otherwise prohibited by this Acceptable Use Policy.
This Acceptable Use Policy was last updated on 09 March 2010..
1. Acceptance of Acceptable Use Policy
1.1 By accessing any part of the Websites or using GPS systems and services, you shall be deemed to have accepted this Acceptable Use Policy. If you do not accept the terms of this Acceptable Use Policy, you must leave the relevant Website immediately and not use any GPS systems and services.
1.2 GPS reserves the right to change or update this Acceptable Use Policy from time to time. Any revisions to this Acceptable Use Policy will be published on the Websites and any significant changes that affect your rights will be notified to you by email where you have provided your email address to GPS pursuant to a contract with us.
1.3 Additional terms and conditions apply where you enter into any contract with GPS for GPS goods and services via the Websites or otherwise and these Terms of Use and Acceptable Use Policy will form a part of such contract that you have with GPS.
1.4 This Acceptable Use Policy is incorporated into our Privacy and Legal Notice and we advise that you read this document carefully since it sets out important information regarding your rights and obligations including the consequences of breaching this Acceptable Use Policy.
Acceptable Use Policy
2.1 GPS supports the free flow of information and ideas over the internet and does not actively monitor use of the Websites and GPS systems under normal circumstances. However, GPS seeks to balance this aim with GPS's obligations to other users, third parties and at law. GPS does therefore conduct random checks or investigations from time to time to ascertain compliance with this Acceptable Use Policy and to comply with or investigate any enforcement agency or police request or other complaints. GPS also therefore requires that, in using the Websites and GPS systems or services, you do not:
2.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
2.1.2 advertise or promote third party or your own products or services by way of the distribution of 'spam' mail;
2.1.3 use foul, threatening, offensive language, or sexually explicit language;
2.1.4 make insulting remarks to or about other users of the Websites or GPS systems, GPS or third parties;
2.1.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
2.1.6 impersonate GPS or another person;
2.1.7 transfer files that contain viruses, trojans or other harmful programs;
2.1.8 use the Websites, GPS systems or services to conduct any fraudulent activity including, without limitation, any "pyramid scheme", "ponzi scheme" or "chain letter";
2.1.9 breach or otherwise fail to comply with relevant licence terms in connection with any hardware or licensed content that you access via the Websites, GPS systems and services;
2.1.10 connect any insecure computer hardware or other machines to the GPS systems which may be exploited by third parties to carry out activities that are in breach of this Acceptable Use Policy; or
2.1.11 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Websites or GPS's security measures.
2.2 GPS may take any or all of the following action at its discretion:
2.2.1 remove any material that, in GPS's sole discretion may be inappropriate or that GPS may suspect to be illegal, may subject GPS to liability, damage GPS's reputation or which may violate this Acceptable Use Policy or where GPS is required to do so by law;
2.2.2 issue you with verbal or written warnings and take such further action as GPS deems appropriate if such warnings are not heeded;
2.2.3 suspend or terminate your access to any or all of the Websites or GPS systems and services without notice at any time;
2.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
2.2.5 bring legal action against your or any other user in relation to any breach by you or such other user of this Acceptable Use Policy or any illegal or suspected illegal activity.
GPS will determine what action is appropriate to be taken against a user on a case by case basis.
2.3 Your breach of this Acceptable Use Policy may also give rise to termination of or further action under any other contract that you may have with GPS that incorporates this Acceptable Use Policy.
2.4 You acknowledge that GPS may be required by law or regulation to access, monitor, store or copy material sent by you or to you or other users without further notice.
2.5 In addition to the obligations set out in Clause 2.1, you agree that in using the Websites, GPS services and systems, you will at all times comply with all relevant laws and regulations.
2.6 You agree to compensate us for any loss or damage that may be caused to GPS (including reasonable legal costs) as a consequence of your breach of any of Clauses 2.1, 2.2, 2.5 and 3.2.
2. Copyright and Other Intellectual Property Rights
3.1 Your use of the Websites, GPS systems and services grants no rights to you in relation to copyright, trademarks or other of GPS's intellectual property rights or the intellectual property rights of third parties including GPS's licensors.
3.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Websites, GPS systems and services except for your own personal, non-commercial use or where GPS expressly gives you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of such content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
D. GPS Enterprises Ltd group of companies
Company Name Registration Number
GPS Enterprises Limited 06609302
GPS Telecoms Limited 05504774
GPS Mobile Limited 06061264
GPS Systems & Leasing Limited 06609293
GPS Systems Ltd 05608862
GPS Tracking Ltd 06965890
GPS European Ltd 06609338
