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Showbiz Terms & Conditions

Last Updated: October 31, 2019

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, ShowBiz and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ShowBiz's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ShowBiz's express written consent.

Restricted access

Access to certain areas of this website is restricted. ShowBiz reserves the right to restrict access to other areas of this website, or indeed this entire website, at ShowBiz's discretion.

If ShowBiz provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

ShowBiz may disable your user ID and password in ShowBiz's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ShowBiz a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ShowBiz the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ShowBiz or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ShowBiz reserves the right to edit or remove any material submitted to this website, or stored on ShowBiz's servers, or hosted or published upon this website.

[Notwithstanding ShowBiz's rights under these terms and conditions in relation to user content, ShowBiz does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. ShowBiz makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ShowBiz does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

ShowBiz will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ShowBiz has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ShowBiz's liability in respect of any:

  • death or personal injury caused by ShowBiz's negligence;
  • fraud or fraudulent misrepresentation on the part of ShowBiz; or
  • matter which it would be illegal or unlawful for ShowBiz to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, ShowBiz has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ShowBiz's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect ShowBiz's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ShowBiz.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ShowBiz and undertake to keep ShowBiz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ShowBiz to a third party in settlement of a claim or dispute on the advice of ShowBiz's legal advisers) incurred or suffered by ShowBiz arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to ShowBiz's other rights under these terms and conditions, if you breach these terms and conditions in any way, ShowBiz may take such action as ShowBiz deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ShowBiz may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ShowBiz may transfer, sub-contract or otherwise deal with ShowBiz's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions , together with the Privacy Policy, constitute the entire agreement between you and ShowBiz in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of England, Northern Ireland, Scotland and Wales.

ShowBiz's details

The full name of ShowBiz is ShowBiz Software Limited.

ShowBiz is registered in England and Wales under registration number 04640465.

ShowBiz's registered address is Claydon Court, Old Ipswich Road, Claydon, Ipswich, Suffolk, IP6 0AE.

You can contact ShowBiz by email to [email protected]

ShowBiz Security & Privacy Policy

Last Updated: May 16, 2019

1 – Definitions

  1. ShowBiz Software Limited (“Company”)
  2. A company who has subscribed for use of the ShowBiz software (“Client”)

2 - Identity & access

The privacy of Client data is very important to ShowBiz. The Company will only ever access the Client’s data to help with a problem, investigate or remedy a software or data defect. We will never open any uploaded files unless the Client ask us to.

When a Client subscribes to use ShowBiz, the Company ask for the name, job title, phone number and email address of each person who will use ShowBiz and this information is required to personalise the end-user experience whilst using the application, provide context whilst using the applications’ contact management features and audit critical actions within the ShowBiz software itself. The Company will never sell your personal information to third parties, and we won’t use your name or company in marketing statements without your permission.

When you write to the Company with a question or to ask for help, we’ll keep that correspondence, and the email address, for future reference. When you browse our marketing pages, we’ll track that for statistical purposes (like conversion rates and to test new designs). We also store any information you volunteer, like surveys, for as long as it makes sense, but not exceeding the data retention as stated in paragraph 7 - Deleted data.

The only times the Company ever share Clients’ information are;

  • To provide products or services that the Client has requested, with the Clients’ permission.
  • To investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

If the Company is acquired by or merged with another company, we’ll notify the Client well before any info about the Client is transferred and becomes subject to a different privacy policy.

3 – Sensitive and Personally Identifiable Data

The Company does not store or process credit card details within the ShowBiz application itself. All credit card processing is out-sourced to a PCI/DSS compliant payment gateway provider and all payment details pass directly between your browser software and the payment gateway via a secure SSL encrypted session.

Bank account details are stored in the ShowBiz database, but access is restricted by the application to authorised users only and protected at the database layer for access only by authorised employees of the Company.

All data used by the Company for proof-of-concept, demonstration or testing purposes will contain no personally identifiable data and sensitive data such as bank account data will be anonymised.

4 - Security & Encryption

All data is encrypted via SSL/TLS when transmitted between our servers and your browser application. Database backups are also encrypted. Data isn’t encrypted in production database, but we go to great lengths to secure your data whilst at-rest. This includes the use of perimeter network detection and prevention tools, vulnerability scanning, segregation of duties, privileged access management, anti-virus and malware protection and a strict change and release management process.

5 – Individual’s Rights with Respect to their Information

The General Data Protection Regulation (“GDPR”) gives people under its protection certain rights with respect to their personal information collected by the Company. Accordingly, the Company recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:

  • Right of Access. This includes an individual’s right to access the personal information we gather about them, and their right to obtain information about the sharing, storage, security and processing of that information.
  • Right to Correction. This is an individual’s right to request correction of personal information.
  • Right to Erasure. This is an individual’s right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the “Right to be forgotten”). However, if applicable law requires us to comply with your request to delete your information, fulfilment of your request may prevent you from using ShowBiz services and may result in closing your account.
  • Right to Complain. This is an individual’s right to make a complaint regarding the Company’s handling of their personal information with the appropriate supervisory authority.
  • Right to Restrict Processing. This is an individual’s right to request restriction of how and why their personal information is used or processed.
  • Right to Object. This is an individual’s right to, in certain situations, object to how or why their personal information is processed.
  • Right to Portabillity. This is an individual’s right to receive the personal information the Company has about them and the right to transmit it to another party.
  • Right to not be subject to Automated Decision-Making. This is an individual’s right to object and prevent any decision that could have a legal, or similarly significant, effect on them from being made solely based on automated processes. This right is limited, however, if the decision is necessary for performance of any contract between them and the Company, is allowed by applicable European law, or is based on their explicit consent.

For questions about exercising these rights or any assistance required, please contact the Company at [email protected] and you will receive a response within 30 days.

6 - Processors we use

For GDPR purposes, the Company is considered a Data Processor and the Client is considered the Data Controller. As part of the services provided by the Company, and only to the extent necessary, certain third-party processors may be contracted to process some or all personal information. All Processors are vetted for GDPR compliance and a full list can be requested by sending an email to [email protected] and you will receive a response within 30 days.

7 - Deleted data

When you cancel your account, we’ll ensure that nothing is stored on our servers beyond 30 days. Anything you delete in the ShowBiz application will have an immediate effect on the operation of the software but may be retained in the security backups for the contracted retention period.

8 - Law enforcement

The Company will not hand your data over to law enforcement unless a court order says we are required to do so, and unless we’re legally prevented from it, we’ll always inform you when such requests are made.

9 – Disclosures

ShowBiz Software Limited will disclose any security or data breach relating to the Client’s data to the Client’s Data Controller within 10 working-days of the security incident or breach being discovered. The disclosure will be limited to the Client’s Data Controller unless agreed otherwise between the Client and ShowBiz Software Limited, or if there is a legal requirement to make such disclosure more widely known.

10 - Location of Site and Data

ShowBiz is hosted in the United Kingdom and all Client data, electronic or otherwise, is stored only within the European Union and European Economic Area. Production and backup data is segregated at all times from ShowBiz data used by other Clients.