Terms of Use of LeadsSight
This page tells you the terms on which you may use our website http://leadssight.com/ and the related service.
By using the service, you accept these Terms of Use agree to be bound by them. If you don't accept them, please don't use the service.
http://leadssight.com/ is operated by Monsii Ltd, a UK limited company registered in England under company number 07038488 and with registered office at Artemis House, 4a Bramley Road, Bletchley, Milton Keynes MK1 1PT ("We" or "Us").
The ‘Service’ is defined as follows:
- Tracing the activity on a client’s website to a company;
- Combining details about the company with other information from publicly available sources to determine a suitable method of contacting that company.
- Sharing the combined data with the client via logging into their account.
The ‘Website’ is defined as follows:
The website (set of web pages) used to explain the service provided by LeadsSight and act as the method by which a client can access and make use of the service.
1. Use of the Website/Service
You have permission for temporary use of the service, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
If you allow anyone else to use our service, you must make sure that they read these terms first, and that they follow them.
Only use the service as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the website and service and make changes to it, but we don't have to do this, and material on the website or sourced by the service may be out-of-date. No material on the website or sourced by the service is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website or information sourced by the service by anyone.
We follow our privacy policy in handling information about you. You can read our privacy policy by selecting the link below.
By using the service, you agree to us handling this information and confirm that data you provide is accurate.
2. Content and Intellectual Property
All content included on Our website (and sourced by our service) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us.
All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to sub-clause below you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from Our website unless given express written permission to do so by Us.
You may:
- Access, view and use Our website in a web browser
- Download details on leads
Our status as the owner and author of the content on Our website and sourced via our service (or that of identified licensors, as appropriate) must always be acknowledged.
You may not re-use any content printed, saved or downloaded from Our website or service for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our website whether by business users or consumers.
3. Accounts and Payment
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We require that you choose a strong password for your Account, consisting of e.g. "a combination of lowercase and uppercase letters, numbers, and symbols". It is your responsibility to keep your password safe.
You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.
You must not use anyone else's Account
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law.
We provide a subscription service (the " Service") which allows You to track visits to your own website. This Service includes receiving email alerts and gives you the ability to log in to your Account to view the information gathered.
The Service is on a 12-month basis (the " Subscription"). You may pay annually for a 12-month period (and you will receive a discount for doing so) or monthly in advance. The Subscription may be cancelled by providing 30 days' written notice to [email protected] prior to the end of your Subscription (i.e. the end of the 12-month period, whether or not you pay monthly or annually). Your Subscription will auto-renew every 12 months unless you provide written notice of cancellation.
If you fail to make any payments for the Service, We reserve the right to cancel your Account and pursue you for outstanding sums due. Interest on outstanding sums accrues at a daily rate of 4% above the Bank of England base rate, until payment is made in full.
Payment for Subscriptions are due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
We accept the following methods of payment:
- Credit Card via Stripe
- Paypal
Our prices are available on the website. We reserve the right to amend our prices at any time without notice to you. Please note that any price changes will not impact your current Subscription but will impact auto-renewed Subscriptions.
4. Links To Other Web Websites
Links to other websites may be included within the information sourced by our service . Unless expressly stated, these websites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a link to another website within the information sourced by our website is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
5. Limitation Of Liability
Nothing on Our website or the service provided constitutes advice on which you should rely. It is provided for information purposes only.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our website or the service provided will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the content on Our website and the service provided is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our website or service or the use of or reliance upon any Content (including User content) included on Our website or sourced via our service.
We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our website or content sourced via our service. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our website or service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
6. Data Protection & GDPR/PECR
We will make every effort to ensure that the date sourced via our service is in relation to company information only however we cannot guarantee this to be the case and it is therefore your responsibility to ensure the appropriate use of any personal data sourced via our service.
The UK GDPR concerns the protection of personal data. Personal data is defined widely in the UK as GDPR and it is any information relating to an identified or identifiable natural person (that is, an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, address, an identification number or location data).
The definition of personal data under the UK GDPR is purposely wide. It can even capture an IP address if it is possible, combined with other information, to trace that IP address back to a person. To give an example, if you trace an IP address back to a business which you know is a sole trader (or a company owned by, say, one or two people), then it is highly likely you will be able to identify a person as well.
The UK GDPR distinguishes between controllers and processors. A controller is any organisation or business that determines the purposes and means of the processing of the personal data (in other words, the controller determines the ‘how’ and the ‘why’ the data is to be processed. Put another way, the controller has a degree of ‘control’ over the processing of the data.
In respect of every personal data processing activity it carries out, the controller would need to be satisfied that it has an appropriate lawful basis. The UK GDPR lists out a set of lawful bases and the controller is required to choose the most appropriate one for each of its processing activities.
Upon receiving personal data via the service, you become a controller in your own right. Data protection responsibilities for the information sourced therefore falls to you. You are responsible for determining your own lawful basis for sourcing/using this data, in this case we would assume it is on the following basis.
‘the processing is necessary to pursue legitimate interests of your business’
If you choose to follow up on a lead and contact an individual, it is your responsibility (not ours) to ensure your are doing so, not only in accordance with the UK GDPR, but also PECR (UK Privacy and Electronic Communications Regulations 2003). PECR covers, among other things, rules relating to direct marketing and the use of cookies (or related technologies) on websites. It is also supplemented by regulatory guidance issued by the ICO (the UK privacy watchdog which can take enforcement action against organisations which are non-compliant with PECR and/or UK GDPR). In this matter, PECR compliance is relevant to you (not LeadsSight).
It is also your responsibility (not ours) to ensure that your own website has privacy and cookie policies that are forthcoming and transparent about what you do with data, that clearly inform visitors to your website about the fact you are using the LeadsSight service, and that the policies on your website comply overall with the UK GDPR and PECR.
It is also your responsibility to obtain the necessary consents for any cookies (and/or trackers) used on your website to enable LeadsSight.
In using the service you the client indemnify LeadsSight for any loss incurred by LeadsSight due to you being in breach of data protection and privacy laws in respect of website compliance and your use of data after receiving it via the LeadsSight tool/service (for which LeadsSight has no control over). The indemnity also assumes the following:
- That data protection responsibility lies with you the client.
- That the you the client are responsible for determining your own lawful basis for sourcing/using the data provided by using this service.
- That if the you the client chooses to follow up on a lead and contact an individual, it is your responsibility (not ours) to ensure that they are doing so, not only in accordance with the UK GDPR, but also PECR.
- That the you the client are responsible for the compliance of your own website.
- That you the client are responsible for what you do with the data (particularly lead contact data) when shared with you via LeadsSight service.
- That you the client should expressly mention the use of LeadsSight in your privacy notice.
In using our service you are responsible for determining how long to keep personal data but it must be no longer than is necessary. You should ensure that you have a data retention policy setting out your data retention periods (i.e. how long you keep certain types of data for). NB. The UK GDPR is only concerned with personal data.
7. Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the service will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our service or server or any connected database or make any 'attack' on the website or service. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.
8. Cancellation
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our service requiring an Account for access.
Please note that because access to Our Service is made available immediately upon the purchase of a Subscription, the 14-day cooling-off period does not apply.
Subscriptions can be cancelled at any time, however no refunds can be provided and you will continue to have access to the Service for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
To cancel a Subscription for any reason, please inform us by email at [email protected]
We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve the Service in the future, however please note that you are under no obligation to provide any details if you do not wish to.
In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at [email protected]
9. Law and Jurisdiction
These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Changes
We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our website after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
11. Contacting Us
To contact Us, please email Us at [email protected]