Terms and Conditions
ContactBabel Limited (“ContactBabel), (“we”), (“us”), (“our”) is a provider of contact centre and CX research and analysis (“Services”).
Registered office: 7 Abberwick Walk, Newcastle upon Tyne NE13 9AY.
Company Number: 11205060.
VAT Number: GB 766 6255 94.
MODIFICATION OR SUSPENSION OF THE SITE
ACCESSING THE SITE
Most of the content and information on the Site is available to all users who access the Site after registration. However, you will need to provide us with further details about yourself in order to access certain content and information, such as ContactBabel whitepapers. If you do this, there is an “Agree” button with regards receiving further information from us and our Privacy and Data Processing Policy shall apply regarding the information you have chosen to submit.
Availability of the Site is not guaranteed and you accept that the Site is offered on an “as available” basis. ContactBabel will not be liable if for any reason the Site is unavailable at any time for any period.
LINKING TO THE SITE
You may link to our homepage if you have our consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may ask us for consent by contacting info@ContactBabel.com and providing further details to support your request.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or misconfigurations in systems or networks, without prior authorisation with the intention of gaining unauthorised access or for any other purpose.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. ContactBabel will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
ContactBabel will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
MONITORING, RESTRICTION AND REMOVAL
ContactBabel reserves the right to monitor access to and usage of the Site and use such monitoring data as it sees fit. ContactBabel reserves the right to restrict, block or remove any and all users or content at its sole discretion.
RELIANCE ON INFORMATION POSTED
The information and other materials on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by users of the Site, or by anyone who may be informed of its contents.
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Site, the Site content, software and all HTML and other code contained in the Site, shall remain at all times vested in ContactBabel and is protected by copyright and other laws and international treaty provisions. All such rights are reserved. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on a disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content, materials, trademarks or service marks without written permission from ContactBabel.. You agree not to infringe the Intellectual Property Rights of ContactBabel or any third party by, through or as a result of your access to, or use of, the Site.
PRIVACY & COOKIES
By using the Site and by submitting information to ContactBabel via the Site, you accept the terms and conditions of ContactBabel’s Privacy and Data Processing Policy, and you consent to the use and processing of that information by ContactBabel in accordance with that policy. You warrant that all data provided by you is accurate.
INDEMNITY, WARRANTIES AND LIMITATION AND EXCLUSION OF LIABILITY PROVISIONS
WHILST CONTACTBABEL HAS MADE REASONABLE ENDEAVOURS TO ENSURE THAT THE CONTENT, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE IS ACCURATE, IT MAY BE INCOMPLETE, OUT OF DATE OR INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CONTACTBABEL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION AND SERVICES CONTAINED ON THE SITE OR ACCESSIBLE FROM THE SITE FOR ANY PURPOSE.
CONTACTBABEL DOES NOT WARRANT THAT THE SITE OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE OF SOFTWARE VIRUSES OR OTHER BUGS OR DEFECTS AND YOU SHOULD TAKE YOUR OWN PRECAUTIONS (INCLUDING BUT NOT LIMITED TO INSTALLING AND RUNNING ADEQUATE PROTECTIVE MEASURES TO GUARD AGAINST SOFTWARE VIRUSES AND ENSURING THAT YOU RETAIN UP-TO-DATE COPIES OF ALL DATA) TO PROTECT YOURSELF AGAINST LOSS OR DAMAGE.
ALL SUCH CONTENT, INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
TO THE EXTENT PERMITTED BY LAW, CONTACTBABEL HEREBY EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES ON THE SITE OR ACCESSIBLE THROUGH THE SITE.
SUCH LOSS OR DAMAGE INCLUDES, BUT IS NOT LIMITED TO (I) LOSS OF USE (II) LOSS OF DATA (III) LOSS OF INCOME OR REVENUE (IV) LOSS OF PROFITS OR CONTRACTS (V) LOSS OF BUSINESS (VI) LOSS OF GOODWILL OR (VII) WASTED MANAGEMENT OR OFFICE TIME.
CONTACTBABEL DOES NOT RESTRICT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM CONTACTBABEL’S NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
APPLICABLE LAW, JURISDICTION AND OTHER LEGAL PROVISIONS
PRIVACY AND DATA PROCESSING POLICY
ContactBabel respects your privacy. The type of information and ways we collect and use the information you provide while on our website (www.contactbabel.com) are listed below:
WHEN DOES CONTACTBABEL COLLECT INFORMATION?
ContactBabel may collect certain information when an individual:
Registers for use of this Site or uses the Site.
Purchases certain products or services from us.
Wishes to obtain more information about our products and services.
WHAT INFORMATION DOES CONTACTBABEL COLLECT?
ContactBabel collects the following information:
Personal contact information you may choose to provide while visiting or registering on our Site. This information may include your name, address, company name, job title, telephone number, email address, and information about your organization.
HOW DOES CONTACTBABEL USE THE INFORMATION?
We use the information collected as follows:
ContactBabel uses personal information you share with us to provide products or services that you request, answer your inquiries or communicate with you about your account or transactions with us, and send you information about features on the Site or changes to our policies. We may also share data gathered in the registration process with third parties who have sponsored the report(s) downloaded and who may contact you for the purposes of direct marketing. You may withdraw your consent for this at any time. If you do not wish to complete the registration process, please contact us requesting the reports you would like to receive. Contractual agreements between us and such third parties provide that your information will be kept confidential and secure.
ContactBabel may use your email address to send occasional direct marketing or research emails to you. Depending on jurisdiction, your consent may be required for us to do so.
WHAT YOU CAN DO
You can contact ContactBabel if you believe your personal information is incorrect.
You can unsubscribe at any time from emails you receive from ContactBabel by clicking the link at the bottom of the email or by emailing firstname.lastname@example.org.
Changes to this policy may be posted from time to time. All versions will reflect a posting date. We encourage you to visit this page periodically for changes.
ContactBabel does not knowingly collect any personal information from children and does not market or offer services to children. You must be at least 13 years of age to access the Site.
All ContactBabel Directories / Databases (“Information”) are databases of business and marketing information provided by ContactBabel. They are protected and registered as databases belonging exclusively to ContactBabel under the Copyright and Rights in Databases Regulations 1997, with jurisdiction in the courts of England and Wales. All applicable regulations have been followed in the creation and management of this database, including GDPR, PECR and the Data Protection Act 2018.
Personal data, limited to name and email address, are collected from businesses through telephone research and from publicly accessible sources for the purposes of contact centre research and marketing, for first- and third-party use, using “direct marketing as a legitimate interest” as the reasons for processing under GDPR article 6(1)(f), including businesses wishing to market products and services to the UK contact centre industry. Information is retained until data no longer have the relevance required to be in the Directory, for example, contacts have moved roles or companies. You have the right to make a complaint to ICO, the UK’s supervisory agency. You have the right to object to this processing and to remove your personal details from our database at any time. Please contact email@example.com if you wish to do this.
Your access to and use of information contained in the Information is subject to the following terms and conditions. Please read this Agreement carefully before accessing or using the Information as your acceptance of the terms and conditions below will signify that you have read, accept and agree to be bound by those terms and conditions. Failure to comply with any term or condition of this Agreement will result in the termination of the licence to use the Information and you may be subject to all applicable legal remedies.
(1) The Information is supplied in strict confidence for your internal business uses only, shall not be copied or made available to any other party (excluding any associated company of yours).
You are licenced to use the Information for a 12-month period commencing on the date of purchase unless stated otherwise. You agree to store the Information in a manner that is secure and which allows the identification and removal of the Information.
After the 12-month period has expired, you must permanently remove all copies of the Information from your systems unless you have renewed your subscription. Failure to do so is a confirmation that a further 12-month subscription has been accepted, at the cost stated on the date of the termination of the previous subscription. Your organisation may use the directory contacts as many times as required over a 12-month period. After this time you must renew your licence with us to continue using the data.
You may only continue to use contacts after an agreed rental period if they have responded positively to your targeting, therefore manage these contacts so this can be clearly identified. A positive response includes: specific requests for further information; registration on the website; or face-to-face / telephone-based meetings. It does NOT include: opening emails; click-throughs; failure to unsubscribe from emails; or any telephone call which does not agree specific permission for future contact. We will let you know well in advance when your data licence is due for renewal.
(2) You download the Information at your own risk, implied, of any kind. ContactBabel will not be liable in any event to you or others for any damages, lost revenue or profits, or any other incidental damages resulting from problems caused by the interaction of the Information with your computer, operating system, other software or data.
(3) You shall not (a) ask for the Information knowingly for the use of others; (b) wilfully or negligently permit such requests to be made by others; and/or (c) request or acquire, except by first obtaining ContactBabel’s written consent, Information pertaining to any associated company or other undertaking inter-related to you.
(4) You shall not entrust such information to any other agent, individual or company except with ContactBabel’s prior written consent.
(5) All copyright and other rights in the nature of intellectual and industrial property rights which exist in any part of the world at the date hereof or which may exist at any time (“Intellectual Property Rights”) in the Information shall remain the property of ContactBabel. You acknowledge that the Information comprises (i) works of original authorship, including compiled information containing ContactBabel selection, arrangement and co-ordination and expression of such information or pre-existing material it has gathered or assembled and (ii) information that has been created, developed and maintained by ContactBabel at great expense of time and money such that misappropriation or unauthorised use by others for commercial gain would unfairly and irreparably harm ContactBabel. You shall not commit or permit any act or omission that would impair ContactBabel proprietary and Intellectual Property Rights in the Information. You shall reproduce ContactBabel copyright notice and proprietary rights legend on all authorised copies of the Information and make all third-parties aware of ContactBabel’s ownership rights.
(6) Whilst ContactBabel attempts to ensure that the Information is accurate and complete, by reason of the quantity of detailed matter dealt with in compiling the Information and the fact that the data are supplied from sources not controlled by ContactBabel which cannot always be verified, as well as the possibility of negligence or mistake, ContactBabel cannot guarantee the correctness or the effective delivery of the Information and will not be held responsible for any errors therein or omissions therefrom.
(7) Nothing in this Agreement shall hinder any party from complying with their respective obligations under the U.K. Data Protection Act 2018, GDPR or other regulations applying. You agree to comply with any applicable privacy, data protection or other requirement imposed by relevant law, or which would be applicable in the country in which the business entity or person to whom the information relates resides or is based, or if unable to comply, to refuse the Information, Products or other services subject to the foreign or domestic law at the point of initial rental. In the event of additional legislation arising within the timescale of this Agreement which prevents the lawful use of the Information, you accept that no refunds will be given and that any contract remain valid.
(8) You shall notify your employees and any other persons receiving the Information of these terms and conditions, and hold the Information securely to prevent usage by non-authorised personnel or companies.
(9) You shall indemnify ContactBabel and their respective officers, agents and employees against any costs, claims, losses, damages, liabilities or expenses whatsoever (including costs and necessary payments made in order to settle or compromise any claim) arising out of any breach of these terms and conditions by you and any other party acting through or with you, up to the cost of 100% of the original fee paid.
(10) These terms and conditions shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts in respect of any dispute arising without giving effect to the principle of conflicts of law.