Privacy policy

Created on 2 June, 2024 • 154 views • 14 minutes read

Pingit agency 


Pingit Agency Privacy policy and Customer Charter

Pingit Agency operates as a responsible and transparent organisation; it is why we have a comprehensive privacy policy and customer charter. We operate to community standards on a global scale and apply our policies globally, which are optimised on a local level. Your personal information is important to us and our customer charter (or privacy policy) tells you about how and why we use your personal information and your rights and responsibilities.

Customer Charter

Your Information

All credit/debit card and financial information provided to us will not be disclosed under any circumstances with any third parties. Information used and stored by Pingit Agency will not be distributed, shared or released unless for the transaction of orders where external parties would handle the event or participate in the distribution.

The financial information obtained from the customers is used for transnational purposes for payments made to Pingit Agency or any of its subsidiary platforms. Once this information has been used, it is deleted from our systems.

Goods and Collection

Goods that are sold by Pingit Agency will be dispatched directly to the customer. We do not offer a collection of any sold products or services. Pingit Agency may send emails and direct mail based on the information you have sent to us. The prices for our delivery are dependent upon the weight or the size of the package. Goods that are purchased are expected to be delivered within 14 days. Shipments can be tracked by the dispatch information provided by Pingit Agency.

Security

The information provided by the customer is treated very discreetly. Information is only shared with employees who are required to access the information for transactional purposes only. Pingit Agency Merchant account provider is PayPal and the customer is provided with the security features offered by Paypal. Pingit Agency aims to comply with the PCI Data Security Standard. Payments are made through Paypal who have security mechanisms you can depend on. If you have any requests concerning your personal information or any queries with regard to these practices please contact our Privacy Officer at the office number.

Our Agency website contain links to third party sites which are not subject to this privacy policy. We recommend that you read the privacy policy of any such sites that you visit. For information regarding Data Protection please visit: http://www.ico.gov.uk/for_organisations/data_protection_guide.aspx


Return and Cancellation Policy

Pingit Agency Network allows a seven-day money back return policy. Damaged items must be notified within 48 hours of receipt. Refunds will be issued by means of a cheque. For information regarding returns or cancellation, you must contact info@pingit.agency.

Privacy Policy

Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. By continuing to use our website you agree to keep cookies enabled. You can change your cookie settings on the website.

If you would like to know more about cookies you can find out more information about them here.

First Party Cookies

These cookies are essential and therefore cannot be turned off. These allow our website to function properly.

Third-Party Cookies

These cookies can be turned off in the Cookie Settings page. Google Analytics. We use Google Analytics service to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. These cookies use four cookies. The data collected is not shared with any other party.

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Pingit Agency Terms 


PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

Our Customer Terms of Service is a contract that governs our customers' use of the Pingit Agency services. It consists of the following sections:

  • General Terms: These contain the core legal and commercial terms that apply to your use of our products and services.  Any references to Master Terms means these General Terms.   
  • Product Specific Terms: These include any additional terms that apply to your use of each of our product offerings, our consulting and other services, and third-party services.
  • Jurisdiction Specific Terms: Depending on your location, some of these jurisdiction-specific terms will apply to you. They’ll also explain which Pingit entity you’re contracting with, and which laws will govern our relationship.
  • Data Processing Agreement (DPA): This explains how we process your data and includes the EU Standard Contractual Clauses.
  • Acceptable Use Policy (AUP): This is the rulebook setting out what you can and can’t do while using our products and services.
  • Your Order Form is the Pingit-approved form created following your purchase of one of our products or services through our online payment process or via in-app purchase. It contains all of the details about your purchase, including your subscription term, products and services purchased and your fees. 
  • We’ve aimed to keep these documents as readable as possible, but in some cases for legal reasons, some of the language is necessarily “legalese”. By using the Subscription Service or receiving the Consulting Services, you are agreeing to these terms. 

We update these terms from time to time. If you have an active Pingit subscription, we will let you know when we update the terms via in-app notification or by email (if you subscribe to receive email updates). You can find archived versions of the General Terms, Product Specific Terms, Jurisdiction Specific Terms and DPA in our archives at https://legal.Pingit.com/legal-stuff/archive.


DEFINITIONS

“Add-Ons” means additional product enhancements (including Limit increases and other add-ons) that are made available for purchase and are listed in the 'Add-Ons & Limit Increases' and the 'Technical Limits and Definitions' sections of our Products and Services Catalog.

"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Agreement" or “Customer Terms of Service” means these General Terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, we link to knowledge base articles to help facilitate your use of our products and services and manage your Pingit account; however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement.

"Authorised Payment Method" means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.

"Billing Period" means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Current Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Current Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

“Confidential Information” means all confidential information disclosed by a party and its Affiliates ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.

"Contact" means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.

"Contact Information" means the name, email address, phone number, online user name(s), and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.

"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

"Customer Data" means all information that you submit or collect via the Subscription Service. Customer Data does not include Pingit Agency Content.

"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.

“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.

"Order" or "Order Form" means the Pingit-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. 

“Personal Data” means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data and (ii) is protected as personal data, personal information, or personally identifiable information under applicable Data Protection Laws

"Subscription Fee" means the amount you pay for the Subscription Service.

“Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.

“Total Committed Subscription Value” means the aggregate amount of Subscription Fees paid or payable to us during your Current Term(s) for all of your Pingit Agency accounts, but this amount excludes fees for renewals, Consulting Services and applicable taxes.

"Users" means your employees, representatives, consultants, contractors or agents who are authorised to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.


Services

During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order.   We may provide your Users access to use our Free Services at any time by activating them in your Pignit account. We might provide some or all elements of the Subscription Service through third party service providers. 

You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. You may provide access and use of the Subscription Service to your Affiliate's Users or allow them to receive the Consulting Services purchased under an Order; provided that, all such access, use and receipt by your Affiliate's Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates' compliance with the Agreement.

2.2  Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Pingit account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Pingit account.

2.3 Age restrictions You must be 16 years of age or older to use the Subscription Service or any younger must be supported and authorised by your parent or guardian to use the service including making payments.

2.4  Limits. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions, these limits may also be designated only from within the product itself. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms.

2.5  Downgrades.  Depending on your Pingit product, you may be entitled to downgrade your subscription. For further information on the downgrade terms that apply to your subscription, please refer to the Product Specific Terms.

2.6  Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. For further information on our modification rights that apply to your subscription, please refer to the Product Specific Terms. 

2.7  Customer Support. For information on the customer support terms that apply to your subscription, please refer to the Product Specific Terms.

2.8  Acceptable Use. You will comply with our Acceptable Use Policy 


FEES & USAGE


Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You will have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state.  If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST.  If you are located in Canada, all fees are exclusive of GST, PST and HST.

Term and Renewal. Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year. 

Suspension for Prohibited Acts - We may suspend any User’s access to any or all Subscription Services without notice for breaching our terms and conditions.

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription immediately without any notice. 

Customer’s Proprietary Rights. You own and retain all rights to the Customer Materials and Customer Data. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data. You grant permission to us and our licensors to use the Customer Materials and Customer Data only as necessary to provide the Subscription Service and Consulting Services to you and as otherwise permitted by this Agreement. If you are using the Subscription Service or receiving Consulting Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.


AGREEMENT


This is an agreement for access to and use of the Subscription Service, and you are not granted a licence to any software by this Agreement. We retain all intellectual property rights to the Pingit Agency Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Pingit Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorised in writing by us. Our trademarks include, but aren’t limited to, those listed on our trademarks page at http://pingit.agency/trademarks (which we may update at any time without notice to you), and you may not use any of these without our prior written permission.

Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services.

We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.

Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.