Acceptable Use Policy - Space2Site

SPACE2SITE ACCEPTABLE USE POLICY

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE PRODUCTS

WHO WE ARE

SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Spelfie).

The reference to “we”, “our” and “us” in this Policy means Spelfie.

Spelfie is a wholly owned subsidiary of Space Aye Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Space Aye)). Spelfie and Space Aye are together referred to as the “Group”.

The terms of this acceptable use policy (Policy) apply to the following:

the “Space2Site” mobile application software operated by Spelfie (App)
the website at space2site.com operated by Spelfie (Space2Site Website)

(together the “Products” and each a “Product”)).

WHAT’S IN THIS POLICY?

This Policy sets out the content standards that apply when you upload content to our Products, make contact with other users of our Products, link to our Products, or interact with our Products in any other way.

BY USING OUR PRODUCTS YOU ACCEPT THESE TERMS

By using our Products, you confirm that you accept the terms of this Policy and that you agree to comply with them. If you do not agree to the terms, you must not use our Products.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

Our Terms of Use also apply to your use of our Products.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend this Policy from time to time. Every time you wish to use our Products, please check the Policy to ensure you understand the terms that apply at that time.

PROHIBITED USES

You may use our Products only for lawful purposes. You may not use our Products:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Products in contravention of the provisions of our Terms of Use.
Not to access without authority, interfere with, damage or disrupt:
any part of our Products;
any equipment or network on which our Products are stored;
any software used in the provision of our Products; or
any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

These content standards apply to any and all materials (including, without limitation, any images) which you post, upload and contribute to our Products (Contribution), and to any Interactive Services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with Scots law and in any country from which it is posted.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity or activity likely to cause harm.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from us, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

BREACH OF THIS POLICY

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use the Products, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Products.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Products.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH LAWS APPLY TO ANY DISPUTES?
This Policy is governed by Scots law. Any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts.

Updated: April 2023

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To provide you with support for the Site	(a) Identity Data (b) Contact Data (c) Technical Data	Necessary for our legitimate interests
To deliver relevant content and marketing information to you	(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data (e) Marketing and Communications Data (f) Technical Data	Necessary for our legitimate interests (to study how users use the Site, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve the Site, marketing, customer relationships and experiences	(a) Technical Data (b) Usage Data	Necessary for our legitimate interests (to define types of users for the Site, to keep the Site updated and relevant, to develop our business and to inform our marketing strategy)
To contact you in respect of enquiries from you about space aye opportunities and strategies	(a) Identity Data (b) Contact Data	Necessary for our legitimate interests (to grow our business and engage with clients)Performance of a contract with you

PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have (a) given your express opt-in consent to receive marketing communications from us, or (b) requested information from us.

THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any other company outside of Space Aye (and its wholly owned subsidiary Spelfie Limited) (together the “Space Aye Group”) for marketing purposes.

OPTING OUT
You can ask us to stop sending you marketing messages at any time by (a) following the unsubscribe or opt-out links on any marketing message sent to you, or (b) by Contacting us using the details set out above.

COOKIES
You can set your browser or device to refuse all or some cookies (or similar technologies), or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly. For more information about the cookies (and similar technologies) we use, please see our Cookie Policy.

CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us using the details set out above.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA
Space Aye and Spelfie Limited share the same infrastructure and systems. As such, we process information about you internally within the Space Aye Group in respect of the Site.

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

6. INTERNATIONAL TRANSFERS
Given the global nature of our business, we may need to process your personal information in a country outside of the UK and/or European Economic Area. When doing so we shall ensure that appropriate safeguards are in place to protect your information and your rights under privacy law.

7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure under “Your Legal Rights” below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.

Further details in respect of these rights are set out below under “Your Legal Rights”. If you wish to exercise any of the rights set out above, please Contact us using the details set out above.
If you are a data subject within the EU who wish to exercise their data subject rights under EU GDPR then
we provide you with an easy way to submit your privacy related request (i.e. a request to access or erase your personal data).

NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us using the details set out above.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

EXTERNAL THIRD PARTIES

Service providers acting as processors who provide data centre, system administration services, IT services, hosting communications, marketing and sales services and IT systems maintenance (including, without limitation, Microsoft Azure, Mailchimp, Google Analytics, Zendesk, and Mandrill).
Professional advisers acting as processors or joint controllers or controllers in common including lawyers, bankers, auditors and insurers based the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers or controllers in common based in the United Kingdom who require reporting of processing activities in certain circumstances.
Law enforcement agencies (if they ask for it).

SOCIAL MEDIA SERVICES
You may choose to access certain third party social media websites/apps and services through our Site (such as Facebook, Twitter and Instagram). Where you do so, you will be sharing information with those websites/apps and any information you share will be governed by their policies.

FACEBOOK PIXEL
We may use the Facebook Pixel in our Site for tracking, analytics, optimising advertising, building audiences and remarketing. Please see our Cookie Policy for further details.

YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

CHANGES TO THIS POLICY
We will post updates to our privacy notice on our websites. If we change this privacy notice in a manner that materially affects your privacy rights, we will provide additional notice to you.

Last updated: September 2023