These Terms of Use apply to your use of DataHappy service provided by Drivn Limited of 20 Craven Avenue Ealing, London, England, W5 2SX (“Drivn”). By using DataHappy, you (referred to in this Agreement as the “Customer”) agree to be bound by them in relation to all use of DataHappy.
Definitions
The following definitions apply in this document:
DataHappy means the data analytics tracking service made available to the Customer and its Users on and subject to the terms of this Agreement and as specified in any invoice or order form sent to you by Drivn. This includes any individual element of the service made available on its own, including the Javascript Software Development Kit.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for business in England.
Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation customer data, all technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records; all business and marketing plans and projections, details of agreements and arrangements with third parties, and User and supplier information and lists; all financial information, pricing schedules and structures, product margins, remuneration details and investment outlays; all information concerning any employee, customer, contractor, supplier or agent of the relevant party; the party’s policies and procedures, but excludes information that the other party can establish is known by or is in the other party’s possession or control other than through a breach of this document and is not subject to any obligation of confidence; or is in the public domain other than by a breach of this document or any obligations of confidence.; or is independently developed by or on behalf of the receiving party without reference to or use of the disclosing party’s Confidential Information.
Customer Data means any information that the Customer or any of its Users uploads to DataHappy, including Customer Personal Data.
Customer Personal Data means any Personal Data that the Customer or any of its Users uploads to DataHappy.
Data Protection Legislation means the Data Protection Act 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council, (the General Data Protection Regulation); any other existing or future law, directive or regulation (anywhere in the world) relating to the Processing of Personal Data or privacy, to which Drivn is subject.
Data Controller, Data Processor, Data Subject, Processing and Personal Data have the meanings given to those expressions or any equivalent or corresponding expressions in the Data Protection Legislation.
Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure. It includes each of the following, to the extent it is beyond the reasonable control of that party: act of God, lightning, storm, flood, fire, earthquake or explosion cyclone, tidal wave, landslide, adverse weather conditions; act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic; the effect of any change in applicable laws, orders, rules or regulations of any government or other competent authority; and embargo, inability to obtain necessary materials, equipment or facilities, or power or water shortage.
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trade marks, brand names, business names, domain names and other forms of intellectual property;
Intellectual Property Rights means, for the duration of the rights in any part of the world, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
User means any individual authorised by the Customer to use an account for DataHappy purchased by the Customer.
The DataHappy service
Payment of fees
Licence to use DataHappy
Customer Data
Compliance with data privacy laws
Security
Intellectual Property
Confidentiality
Warranties
Liability & Indemnity
Termination
Force Majeure
Other provisions