Terms of Use

Last Updated: August 1st, 2017

Terms of Website and App Use

This Terms of Use Policy (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://colony.io (our site) and any of our applications from time to time (apps), whether as a guest or a registered user. Use of our site and apps includes accessing, browsing, downloading from, uploading to, creating material on or registering to use our site.

Please read these terms of use carefully before you start to use our site or apps, as these will apply to your use of our site and apps.

In particular we draw your attention to the section on user relationships that explains you alone are responsible for any relationship or arrangement you enter into with other users of the site.

We recommend that you print a copy of this for future reference.

By using our site and apps, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site or apps.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site and apps:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site or apps, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Information About Us

Our Site is a site operated by Collectively Intelligent Limited (we, our or us). We are registered in England and Wales under company number 09890348 and have our registered office at Mitch Consulting Ltd, 7 Bodmin Road, Chelmsford, Essex, England, CM1 6LH.

We are a limited company and Colony is our trading name.

Changes to Our Site and Apps

We may update our site and apps from time to time, and may change the content at any time. However, please note that any of the content on our site or apps may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site and apps, or any content on them, will be free from errors or omissions.

Accessing Our Site and Apps

Our site is made available free of charge.

We do not guarantee that our site and apps, or any content on them, will always be available or be uninterrupted. Access to our site and apps is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site or apps without notice. We will not be liable to you if for any reason our site or apps are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site and apps.

You are also responsible for ensuring that all persons who access our site and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account Password, and Passphrase

If you choose, or you are provided with, a user identification code, password, passphrase or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Where possible, we have the right to disable any user identification code or password or passphrase, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password or passphrase, you must promptly notify us at hello@colony.io.

It is your responsibility to keep your passphrase secure and safe. Should you lose it, we have no ability to recover it nor provide you with access to your account and we will therefore not be liable in any way for any loss or damage suffered by you as a result of your losing or misplacing your passphrase and your not being able to access your account.

Our Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, apps, and their underlying technology. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. This strictly does not include user-generated material uploaded to or created on the site or apps.

You must not use any part of underlying technology for commercial purposes without obtaining a licence to do so from us or our licensors or as permitted under these terms.

If you use any part of our site or apps in breach of these terms of use, your right to use our site and apps may be removed and you may be required, at our option, to return or destroy any copies of the materials you have made.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site or apps; or
  • use of or reliance on any content displayed on our site or in our apps.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of funds, profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or apps or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our site or our apps. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Our Role as Facilitator

We facilitate access to, but we are not responsible for the way users make use of, our site or apps.

You make use of our site and apps at your own risk and nothing in these terms of use or other policies should be taken as indemnifying you for any loss arising from your use.

User Relationships

We will not be responsible for any disputes that arise in relation to the ownership rights of content uploaded to or created on our site or apps.

This extends to disputes between co-creators and any expected reward for work you carry out at the direction of other members including tokens used within the site or apps or any arrangements external to the site or apps.

You alone are responsible for any relationship or agreement you enter into with other users and we will not intervene in your relationship for whatever reason.

You warrant that you will not seek to involve us in any dispute or hold us liable for any loss whatsoever resulting from your relationship with other users of the site.

Uploading Content to or Creating Content on Our Site

Whenever you make use of a feature on our site or apps that allows you to upload content, create content, or make contact with other users, you must comply with these terms of use.

You warrant that any such contribution complies with these terms of use, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to or create on our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store, and copy that content and to distribute and make it available to other users.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site or apps.

You warrant that you have and will continue to have all necessary rights, consents, licenses and permissions required for other users of the site to collaborate with you and your content. You also agree that you will not upload or create content that contains any third-party copyright material unless you have a formal license or permission.

We have the right to remove any content you make on our site if, in our opinion, it is inappropriate or breaches these terms of use.

The views expressed by other users on our site do not represent our views or values.

Acceptable Use

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

  • 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 transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to access without authority, interfere with, damage, or disrupt:

  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Viruses

We do not guarantee that our site or apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform in order to access our site and apps. You should use your own virus protection software.

You must not misuse our site or apps by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or apps, the server on which our site is stored, or any server, computer, or database connected to our site or apps. You must not attack our site or apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act of 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and apps will cease immediately.

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Third Party Links and Resources in Our Site and Apps

Where our site or apps contain links to other sites, apps, and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites, apps, or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Changes to the Terms of Website Use Policy

We may revise this Terms of Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Contact Us

To contact us, please email hello@colony.io. Thank you for visiting our site.

Privacy Policy

Collectively Intelligent Limited (we) are committed to protecting and respecting your privacy.

This policy (together with our Terms of Use Policy and Cookie Policy and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By visiting https://colony.io (our site) or downloading any of our apps you are accepting and consenting to the practices described in this policy.

We are the data controller for the purpose of the Data Protection Act 1998 (the Act ), and our registered office is at Mitch Consulting Ltd, 7 Bodmin Road, Chelmsford, Essex, England, CM1 6LH.

Information We May Collect from You

We may collect and process the following data about you:

  • Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail, or otherwise. This includes information you provide when you register to access certain pages on our site, search for a product or use our applications from time to time (apps), place an order on or via our site (to the extent applicable), participate in discussion boards or other social media functions on our site or app (to the extent applicable), enter a competition, promotion, or survey, and when you report a problem with our site or any of our apps. The information you give us may include your name, address, e-mail address, phone number, personal descriptions.
  • Information we collect about you . With regard to each of your visits to our site, or use of one of our apps (including on third-party sites or platforms, or when you link your profile on a third-party site or platform with your app registration account), we may automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through, and from our site (including date and time); items you viewed or searched for; your interactions with other site users; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, and any phone number used to call our customer service number.
  • Information we receive from other sources . We are working closely with third parties (including, for example, business partners, sub-contractors in technical, analytics providers, search information providers) and may receive information about you from them.

Cookies

Our site and apps use cookies to distinguish you from other users of our site and apps. This helps us to provide you with a good experience when you browse our site and allows us to improve our site and apps. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Uses Made of the Information

We use information held about you in the following ways:

  • Information you give to us. We will use this information:
    • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products, and services that you request from us;
    • to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, please confirm / tick the relevant box situated on the form on which we collect your data (the registration form);
    • to notify you about changes to our service; and
    • to ensure that content from our site and apps is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
    • to administer our site and apps, and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
    • to improve our site and apps to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our site and apps, when you choose to do so;
    • as part of our efforts to keep our site and apps safe and secure.
  • Information we receive from other sources . We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of Your Information

We may share your personal information with any member of our group, which means any subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

We may share your information with selected third parties including:

  • Analytics and search engine providers that assist us in the improvement and optimisation of our site and apps.

We may disclose your personal information to third parties:

  • If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, safety, or that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

Where We Store Your Personal Data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (the EEA ). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and apps; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at hello@colony.io.

Our site may, from time to time, contain links to and from the websites of our 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 data to these websites.

Access to Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

Changes to Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments, and requests regarding this privacy policy are welcomed and should be addressed to hello@colony.io.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart, or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited, and the links you have followed. We will use this information to make our website more relevant to your interests.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.