Introduction

DataBeam (“we” or “us”) are committed to protecting and respecting your privacy. DataBeam takes care to ensure that the information you provide to us is protected and managed in accordance with the requirements of all relevant Data Protection Regulation.

This Privacy Policy (together with the other documents in the Terms and Conditions) explains how we use the information we collect about you, your rights under applicable data protection legislation and the procedures we have in place to safeguard your information.

By using our Services, you indicate that you accept this Privacy Policy. If you do not accept this Privacy Policy, you should not use our Site.

Data Controller

DataBeam is owned and operated as a development proof of concept (POC) product and not opened to public use. Only internal partners can access the site beyond the welcome page.

Information we may collect about you

As the product is in development. No one is able to sign up and therefore no information is collected. Only internal partners data is collected which includes:

• Email address
• Details of your transactions and other activities carried out on Our Services.
• Details of your visits to our websites and/or Apps including, but not limited to, traffic data, location data, IP address, device ID, web logs, page views, ad data and other similar data, whether this is required for our own purposes or otherwise; and

How we may use information about you

DataBeam may use information held about you in the following ways:

• To help us identify you and any accounts you hold with us.
• To enable us to comply with legal and regulatory requirements.
• To provide you with our products and services.
• To make our websites and services easier to use by removing the need for you to enter repeatedly the same information.
• To operate and improve our websites, Apps and services.
• To perform research and analysis aimed at improving our products and services.
• To enable us to offer you products and services customized to your preferences.
• To carry out profiling and analysis based upon behaviour in order to:
• comply with legal and regulatory obligations
• to manage risk and prevent fraud

Legal Basis for Processing

Our lawful basis for processing personal data include:

• To fulfil a contract we have with you.
• When it is our legal duty to do so.
• When it is in our legitimate interest.
• When you consent to it.

Sharing your information

• DataBeam will not share your data with anyone.

Marketing and opting out

• We do not use your data for any marketing purposes.

Monitoring and use of cookies

• DataBeam may obtain information about your use of its Services by using web beacons and by placing a cookie, which is a small file, on your mobile device and/or computer’s hard disk. We use only one type of cookie:
• Functionality Cookies - these cookies recognize you whenever you visit our websites or Apps and remember your user preferences. They also speed up access to our websites and the Apps (so you do not have to login each time).
• Using our Services will constitute acceptance of use of Cookies.
• Many web browsers automatically accept cookies, others may not. However, you can change your browser settings to either accept or reject cookies, according to your preference. If you do not accept cookies, you may lose some of the functionality of our websites and/or Apps. If you need more information about cookies such as what they do, how they work and how to enable/disable them, please go to www.aboutcookies.org

Data security

• DataBeam takes the security of your data very seriously. We will take appropriate security measures against unlawful or unauthorised processing of your information, and against the accidental loss of, or damage to, your information. Our objectives are:
• Confidentiality - only authorised people can access the information.
• Integrity - information should be accurate and suitable for the purpose for which it is processed.
• Availability - authorised users should be able to access the data if they need it for authorized purposes.

 

Subject Access Request

• You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. In order to submit a Subject Access Request, please email help@DataBeam.com.

Data retention

• We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
• You may request that your Personal Data be anonymised in the following circumstances:
• Where the Personal Data is no longer necessary in relation to the purpose for which it was originally collected/processed.
• When you withdraw consent, if consent is being used as the Legal Basis for Processing.
• If you object to the Processing and there is no overriding Legitimate Interest or Legal Obligation to continue the Processing.
• The Personal Data was unlawfully processed.
• The Personal Data has to be erased to comply with a legal obligation.

Transfers of data out of the EEA

• We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA.

Third party websites

Our websites and the Apps may, from time to time, contain links to the websites of our partners; networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

Data processor

DataBeam is owned and operated as a alpha POC product and only works with internal partners.

Sharing your Customers’ information

We will not share your Customer Data with other customers or third parties.

How we may use information about your Customers

DataBeam may use information held about your Customers in order to compile, analyse and disclose if our product is fit for purpose only.

 

Data Retention

We will only retain data for the time required to meet our service goal to you.

Contact

We welcome your questions and comments relating to this Privacy Policy. We can be contacted via email at help@DataBeam.com.

The parties are:

1. DataBeam a proof of concept product, further referred to as “We” or “Us” or“Our”, and
2. the party submitting an application to become a partner of DataBeam (Section 1), further referred to as“You” or “Your”.

These terms and conditions (“Terms”) govern Your participation in and/or use of DataBeam (Section 1) that We provide to You. You agree to be bound by these Terms. The Terms are effective as at the date You register as a user of DataBeam.

1. Description of DataBeam
1. DataBeam is a proprietary web application software for creating and managing online advertising campaigns with third party advertising networks. DataBeam is hosted on Ourservers and is made available to You through Our website at www.DataBeam.com.
2. Access
1. We grant You a non-exclusive, non-assignable and non-transferable right during the Term (Section 11) to use DataBeam in accordance with the Terms set forth herein.
2. Access to DataBeam requires logging in using Your credentials which will be provided to You if you are an testing partner.
3. You are solely responsible for Your use of DataBeam. You shall not permit any third party to use or gain access to DataBeam and shall use all reasonable security measures to protect against such unauthorised usage and/or access. You are solely responsible for the use of DataBeam by any of Your employees, agents or any other person, whether authorised or otherwise.
4. We shall not access Your account for purposes other than in the course of general administration and maintenance or to provide support.
3. Your Responsibilities
1. You shall provide Us with true, accurate and current information and shall maintain all account information, ensuring it is true, accurate and up-to-date. You, not Us, shall have sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and intellectual property ownership or right to use all Customer Data (as defined in clause 3(6) below), and We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
2. When an individual, You represent and warrant that You are at least 18 years of age and have full capacity to perform acts in law.
3. When a company or corporate entity, You represent and warrant that Your company or corporate entity is properly incorporated or properly able to perform acts in law.
4. When acting on behalf of another party (whether they be an individual or a company),You represent and warrant that You have full legal authority to enter into a contract with Us on behalf of that party.
5. When You provide your personal data and/or the data of any third party for which You are acting on behalf of, you authorise Us to process that data as required to fulfil Our responsibilities as provided by DataBeam and any other services to You.
6. We do not own any keyword data, information, performance data, paid search campaigns or material that You submit to Us in the course of Us providing the Service to You (collectively called “Customer Data”).
7. You hereby grant Us a worldwide, royalty-free, non-exclusive right during the Term (section 11) to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of (i) processing your Customer Data in connection with providing the Services to you; and (ii) storing or hosting the Customer Data in a remote database or on DataBeam.com website for access by You.
8. We are a controller of personal data. You have the right to access Your personal data as processed by Us and to request that, from time to time, such data be amended or deleted in accordance with the DataBeam privacy policy. If You are an Agency client (as defined in clause 3(9) below, We are a data processor of Your Customer Data.
9. If You are an Agency client (i.e. You have a Google My Client Centre account and You are managing the Google Ads accounts of your own customers and You link those accounts to a Master Google Ads account through Our platform) We are a processor of Your Customer Data. For information about how We use Your Customer Data, We refer You to Our privacy policy.
10. You shall not access, or attempt to access, DataBeam by any means other than through Our website.
11. You shall not attempt to obstruct, disrupt or interfere with the operations of DataBeam or any other products or services offered by Us.
12. You shall not attempt to gain unauthorised access to accounts not registered to You, or to any servers, systems or networks which are connected, owned or operated by Us.
13. You shall not obtain or attempt to obtain:
1. any information from DataBeam, including without limitation: email addresses, telephone numbers, names, addresses or other personal information of other account holders, or other software data.
2. intercept, examine or otherwise observe any communications used by DataBeam, Ourwebsite, servers and/or other services.
3. use any software that is designed to provide means of unauthorised access to, or distort, delete, damage or disassemble DataBeam, Our website, servers and/or other services.
14. You shall not use DataBeam for any illegal, obscene, offensive or immoral purpose.
15. You shall ensure that all materials provided by You are free from viruses, worms, Trojan horses and other malicious code.
16. You agree and acknowledge the limits of Our *Fair Use Policy , And understand that breaching this policy may, at *Our discretion, cause limitations or termination of Your account

 

1. Intellectual Property
1. You shall not rent, lease, sublicense, distribute, transfer, copy or modify DataBeam.
2. You shall not adapt DataBeam in any way or use it to create a derivative work.
3. You shall not translate, decompile, or create or attempt to create, by way of reverse engineering or otherwise, the source code of DataBeam.
4. You shall not use DataBeam in any manner, or in connection with any content, data, hardware, software or other materials, that:
1. infringes upon or violates any patent, copyright, trade secret, trademark or other intellectual property right of any third party.
2. constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or is threatening, harassing or malicious.
3. constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity, whether a real identity or otherwise.
4. violates any applicable laws, ordinance, rule, regulation or treaty.
2. Service
1. We reserve the right to modify DataBeam without notice and without liability.
2. We have no obligation to review Your use of DataBeam. We do not control, nor are We to be held responsible for, Your use of DataBeam or any other content that You send or receive through DataBeam.

 

1. Proprietary Rights
1. All algorithms, methods of computation and data processed by DataBeam to measure account performance or any other data of statistical nature necessary for the proper functioning of DataBeam or a feature thereof (“Processed Data”), are and shall remain Our sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. We reserve all rights not expressly granted to You herein.
2. Your materials (i.e. campaigns, adverts, imagery, etc.) are and shall remain Your sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto.
2. Support
1. We shall not be obligated to provide You with any support, but We may elect to do so at Our sole discretion. In the event, technical support shall be provided in English based on the agreed plan chosen by You, and refers to the working days Monday through Friday, from 09:00 to 17:00 Greenwich Mean Time, or when in effect, British Summer Time.
3. Confidentiality
1. You agree that DataBeam and the Processed Data are Our confidential and/or trade secret information (“Confidential Information”). You shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. You agree to secure and protect the Confidential Information in a manner consistent with the maintenance of Our rights therein. You shall use Your best efforts to assist Us in identifying and preventing any unauthorised access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, You shall advise Us immediately in the event that You learn or have reason to believe that any person to whom You have given access to the Confidential Information has violated or intends to violate the confidentiality of theConfidential Information or any of Our proprietary rights. You will, at Your expense, cooperate with Us in seeking injunctive or other equitable relief in the name of You or Us against any such person. You agree to maintain the confidentiality of the Confidential Information using at least as great a degree of care as You use to maintain the confidentiality of Your own confidential information, and in no event less than a reasonable degree of care. You acknowledge that the disclosure of any aspect of theConfidential Information or any other Confidential Information referred to herein, or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Us inadequately compensable in damages to law, and We are entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, We may immediately terminate Your account and all license rights granted herein, in the event You breach any of Your confidentiality obligations.

 

1. Indenification
1. You shall indemnify, defend, and hold Us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, reasonable attorney fees, accounting fees, and expert witness fees) incurred by Us, known or unknown, contingent or otherwise, directly or indirectly arising from Your breach of any term or provision of these Terms or any way related to Your use of DataBeam, including but not limited to any claim that Your website is owned by someone other than You or that the website infringes on the intellectual property rights of a third party. We shall notify You of any such claim and shall cooperate with You, at Your expense, in defending or settling such claim. You may not settle any such claim in a manner that imposes any non-indemnified costs or otherwise adversely affects Our rights without Our prior written consent. We may join in defence with counsel of Our choosing at Our own expense. If You do not assume the defence of any such claim within thirty (30) days after the date that notice of such a claim is given, We may defend against such claim in such manner as it may deem appropriate at Your expense, including, without limitation, settling such claim, after giving notice of the same to You.

 

1. Disclaimer of Warranty
1. WE, OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, USERS AND AGENTS (COLLECTIVELY “THE DataBeam PARTIES”) ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING CLIENTS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, NONE OF THE DataBeam PARTIES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE OF DataBeam OR PERFORMANCE OF THE USER WEBSITES REMAINS WITH THE USER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DataBeam PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF DataBeam, (B) THE NUMBER OF END USERS, IF ANY, WHO MAY SEE ADVERTISEMENTS THROUGH THE PLATFORM, AND (C) THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF DataBeam.THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND, AND ANY USE BY YOU SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DataBeam PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE DataBeam, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL, CUMULATIVE LIABILITY OF THE DataBeam PARTIES FOR ANY DIRECT DAMAGES INCURRED HEREUNDER SHALL NOT EXCEED FIVE POUNDS STERLING (£5.00).
2. Term
1. These Terms are effective as long as You are a registered user of DataBeam. We will provide the services to You on a month-to-month basis.

 

1. Termination
1. Either You or Us (“Party”) may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances such termination shall not give rise to liability.
2. DataBeam is free to use for our partners/customers and no payment or refund will be due from either party.
3. The termination of this agreement shall automatically, and without further action by Us, terminate and extinguish Your right to use DataBeam.
4. You agree that We have the right to delete all data, files, or other information that is stored in Your account subsequent to termination. You agree that We may retain any Processed Data (defined in section 6a) relating to Your use of DataBeam, except for personal data. Such data shall be used only to improve DataBeam and the quality of service.
5. We may suspend or terminate Your access to DataBeam at any time, without advance notice, for any reason that We find valid in Our sole discretion, until cured, including but not limited to where We believe that:
1. You are or have previously been, in any way, in breach of the Terms.
2. You are or have previously been conducting activities that do not fully comply with all applicable local, State, national and foreign laws, rules and regulations.
3. You are or have previously been involved in the misuse of system resources, including without limitation, the employing of programs or techniques that consume excessive network capacity, CPU cycles, disk I/O or place excessive demand on any other resource, whether intentional or otherwise.

 

1. Modifications
1. We may, from time to time, modify the Terms. We will post notice of modifications here to at Our website. Changes will not apply retroactively and will become effective immediately after they are posted..
2. All amendments or modifications will be binding if You continue to use DataBeam after modifications to these Terms come into force.

 

1. Payments & Subscriptions
1. DataBeam is free to use for our partners/customers. It is only designed for testing a POC.

 

1. General
1. All agreements between You and Us shall be governed by, and construed in accordance with, the laws of England and Wales, except for its conflict of law provisions, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
2. Any litigation based hereon, or arising out of, under, or in connection with these Terms(and all agreements between You and Us), shall be brought and maintained exclusively in the competent courts in England and Wales. The Parties hereto hereby expressly and irrevocably submit to the jurisdiction of the abovementioned courts for the purpose of any such litigation as set forth above. In addition, each Party irrevocably and unconditionally waives application of the procedures for service of process pursuant to the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
3. Each of the Parties hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
4. These Terms are made solely for the benefit of You and Us and Your/Our respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms.
5. You may not assign any of Your rights or delegate any of Your duties under these Terms without Our prior written consent. Despite such consent, no assignment shall release the assignor of any of its obligations or alter any of its primary obligations to be performed under these Terms.
6. Except as otherwise expressly provided in these Terms, these Terms shall bind and ensure to the benefit of the successors, assigns, heirs, executors and administrators of You or Us.
7. The relationship of You and Us established by these Terms is that of independent contractors, and neither party is an employee, agent or joint venturer of the other.
8. Neither Party shall be deemed in default of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riot, act of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such Party.
9. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No failure or delay by Usin exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
10. Except as may be set forth in a written agreement signed between You and Us, these Terms constitute the final, complete, and exclusive statement of the terms of the use of DataBeam between the Parties and supersedes all prior and contemporaneous understandings or agreements of the parties.
11. If any provision of these Terms is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision.
12. If We prevail in any action, suit, or proceeding arising from or based upon these Terms, We shall be entitled to recover from You, Our reasonable fees in connection therewith in addition to the costs of such action, suit, or proceeding.
13. The headings in these Terms are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms nor affect any of the rights or obligations of the Parties these Terms.
14. Any notice, communication or statement relating to these Terms shall be in writing and deemed effective:
1. upon delivery when delivered in person.
2. upon transmission when delivered by verified facsimile or other confirmed electronic transmission.
3. when delivered by certified mail or postage prepaid to the address of the respectiveParty as indicated herein. Copies of all notices shall be sent to DataBeam Solutions Ltd, 11 Castle Quay, Castle Boulevard, Nottingham, NG7 1FW, United Kingdom.
15. Each Party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of these Terms. These Terms shall not be construed against either Party by reason of its drafting.
16. Please see Our separate Privacy Policy in relation to how We collect and use Yourinformation, which will become binding on you as at the date You register as a user of DataBeam.
17. Any complaints that arise from these Terms or use of DataBeam can be directed to help@DataBeam.com. All complaints will be handled within a reasonable timeframe.

Security Statement

All API credentials provided by customers are encrypted using the Advanced Encryption Standard (AES), a specification for the encryption of electronic data established by the U.S. National Institute of Standards and Technology.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by DataBeam and whilst we endeavour to keep it up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Every effort is made to keep the website up and running smoothly. However, DataBeam takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.