Our Policies

Our Cookies Policy

When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally. By using this website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

We use cookies to improve services offered to you, for example;

  • enabling a service to recognise your device so you don't have to give the same information several times during one task;
  • recognising that you may already have given a username and password so you don't need to do it for every web page requested; or
  • measuring how many people are using services, so they can be made easier to use and to ensure that there is enough capacity to maintain demand.

There are two types of cookies used on our website:

  • Session cookies are temporary cookies that remain in the cookie file of your browser until you close the browser. We use session cookies to carry information across pages of our site and avoid you having to re-enter information each time you enter a new page.
  • Persistent cookies remain in the cookie file of your browser even after the browser is closed. The length of time a cookie remains depends on its lifespan. We use persistent cookies to collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.

Google Analytics 

We use Google Analytics to analyse the use of this website. Google Analytics sets cookies to help us accurately estimate the number of visitors to the website and volumes of usage, e.g. website statistics. This ensures us that the service is available when you want it and fast.

For further details on the cookies set by Google Analytics, please refer to the Google Code website.

Refusing cookies

Most browsers allow you to refuse to accept cookies but please be aware blocking cookies may have a negative impact upon the usability of some websites.

Our Terms and Conditions

Introduction

This website is owned and maintained by Kinetic Solutions Limited “KSL”. The use of this website is subject to the following terms and conditions which you should read carefully. By using this website, you agree to be legally bound by these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website and agreeing to these terms and conditions, you consent to KSL's use of your information in accordance with the terms of the “Privacy Policy” that can be viewed here.

By using this website and agreeing to these terms and conditions, you consent to KSL's use of cookies in accordance with the terms of the “Cookies Policy” that can be viewed here.

The website is operated by KSL, registered in England and Wales with its registered office at 249 Silbury Boulevard, Milton Keynes, MK91NA VAT number is GB 716 1456 47. Company number is 03169474.

Main trading address is 249 Silbury Boulevard, Milton Keynes, MK91NA.

License to use website

Unless otherwise stated, KSL and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-licence material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KSL’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without KSL’s express written consent.

Restricted access

Access to certain areas of this website is restricted. KSL reserves the right to restrict access to areas of this website, or indeed this entire website, at KSL’s discretion.

If KSL provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@kineticsoftware.com.

KSL may disable your user ID and password in KSL’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  KSL makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, KSL does not warrant that:

  • this website will be constantly available, or available at all;
  • use of this web site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require legal, financial or other professional advice you should consult an appropriate professional.

Limitations of liability

KSL will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if KSL has been expressly advised of the potential loss.

Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. KSL have no control over the contents of those sites and resources.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KSL’s liability in respect of any:

  • death or personal injury caused by KSL’s negligence;
  • fraud or fraudulent misrepresentation on the part of KSL; or
  • matter which it would be illegal or unlawful for KSL to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to KSL a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to KSL the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KSL or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

KSL reserves the right to edit or remove any material submitted to this website, or stored on KSL’s servers, or hosted or published upon this website.

Notwithstanding KSL’s rights under these terms and conditions in relation to user content, KSL does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Other parties

You accept that, as a limited liability entity, KSL has an interest in limiting the personal liability of its directors and employees.  You agree that you will not bring any claim personally against KSL’s directors or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KSL’s directors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KSL.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify KSL and undertake to keep KSL indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KSL to a third party in settlement of a claim or dispute on the advice of KSL’s legal advisers) incurred or suffered by KSL arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to KSL’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KSL may take such action as KSL deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

KSL may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

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

KSL do not guarantee that the website, or any content on it, will be free from errors or omissions.

Assignment

KSL may transfer, sub-contract or otherwise deal with KSL’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

If you are a business, please note that these terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, please note that these terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of Scotland you may also bring proceedings in Scotland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Contact us

If you have any questions about these terms and conditions, please:

  • write to us by email to info@kineticsoftware.com
  • write to us by post to 249 Silbury Boulevard, Milton Keynes, Buckinghamshire, MK9 1NA; or
  • call us on +44 1908 067000

Our Privacy Policy

At Kinetic Solutions Limited (“We”) your privacy is important to us and We are committed to protecting and respecting your privacy. This privacy statement (together with our “Terms & Conditions”) provides information about the personal information that We collect, and the ways in which We use that personal information. Please read this privacy policy carefully to understand our policies regarding your personal data. By visiting the website, you are accepting and consenting to the practices described in this policy.

The Data Controller for this web site is Kinetic Solutions Limited. The purpose of this statement is to inform users of the website, about the information that is collected from them when they visit this site, how this information is used, if it is disclosed and the ways in which We protect users' privacy.

The General Data Protection Regulation (EU) 2016/679 establishes rights for individuals whose personal data is processed by an organisation and protects and empowers all EU citizens data privacy. The UK Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) established rights for individuals who personal data in processed by an organisation, and protects and empowers all UK citizen data privacy. Any organisation which processes information about living individuals is a data controller for the purposes of the above Acts and Regulations.

As Data Controller, We are required by law to ensure that individual data subjects are aware of how their personal data may be used, the purpose/purposes for processing that data and to whom, if anybody, that data may be disclosed.

We may collect and use the following kinds of personal information:

  • information about your use of this website;
  • information that you provide us for the purpose of registering with the website or contacting us through the website;
  • information that we receive from third parties (for example; business partners, advertisers and credit reference agencies);
  • information that you provide for the purpose of subscribing to our updates; and
  • any other information that you send/give us by phone, e-mail or otherwise.

We may use your personal information to:

  • administer this website;
  • personalise the website for you;
  • help keep our website safe and secure;
  • carry out our obligations arising from any agreements entered between you and us;
  • provide you with the information, products and services that you request from us;
  • provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
  • enable your access to and use of the website services;
  • help us understand the effectiveness of advertising to you to ensure we can continue to deliver relevant advertising to you;
  • notify you about changes to our service;
  • send you marketing communications.

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

Where We disclose your personal information to agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified above, We may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights or the rights granted hereunder.

Securing your data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although We do our best to protect your personal data, We cannot guarantee the security of your data submitted to our site and any data submitted is done so at your own risk.

Any communication from our team will come from one of the following domains:

• kineticsoftware.com
• kxsoftware.com
• kinetic-solutions.co.uk

Cross-border data transfers

Information that We collect may be stored and processed in and transferred between any of the countries in which We operate to enable the use of the information in accordance with this privacy policy. In certain circumstances, we will transfer your information outside of either the United Kingdom or the European Economic Area, including to the United States of America. Where we do so, we will ensure appropriate safeguards are in place.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information where we have complied with this privacy policy.

Data Retention

We keep information only for so long as it is needed for the efficient and effective delivery or fulfilment of the software, products, or services using or contemplating using by the Data Subject and for a reasonable time thereafter, or to meet any legal requirements. We will either destroy or remove information when it is no longer needed.

Updating this statement

We may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Your Rights

The UK and EU GDPR give you rights as listed below:

  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erase
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • The right to withdraw consent
  • The right to lodge a complaint with the supervisory authority
  • Rights in relation to automated decision making and profiling

Any access request to this information may be subject to a fee to meet our costs in providing you with the information We hold.

Should you wish to exercise any of these rights please use the “Contact Us” details below.

Other websites

This website contains links to other websites. We are not responsible for the privacy policies or practices of any third party. A link to any third party website does not mean that We endorse it or the quality or accuracy of information presented on it. If you decide to visit a third party website, you are subject to its terms and conditions. We encourage you to carefully review the legal and privacy notices of all other websites you visit.

Data Protection Officer

The Data Protection Officer “DPO” within Kinetic Solutions Limited is Stacey Wright who can be contacted via:

Email: accounts@kineticsoftware.com

Post: 249 Silbury Boulevard, Milton Keynes, Buckinghamshire, MK9 1NA, FAO: The DPO

Phone: 01908 067001

Contact us

If you have any questions about this privacy policy or our treatment of your personal information, please:

  • write to us by email to privacy@kineticsoftware.com;
  • write to us by post to 249 Silbury Boulevard, Milton Keynes, Buckinghamshire, MK9 1NA FAO: The DPO; or
  • call us on +44 1908 067000

If you are in the European Union, you may address privacy-related inquiries to our EU representative pursuant to Article 27 EU GDPR:

 

EU-REP.Global GmbH

www.eu-rep.global

Attn: Kinetic Solutions Ltd.

Hopfenstr. 1d, 24114 Kiel, Germany

kinetic@eu-rep.global

Modern Slavery Policy

Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain. We have a zero-tolerance approach to modern slavery and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implement and enforce effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or our supply chain.

We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chain. We expect the same high standards from all of our contractors, suppliers and other business partners. As part of our contracting processes, we may include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude and we expect that our suppliers will hold their own suppliers to the same high standards.

This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, agents, contractors, external consultants, and third-party representatives.

Compliance with the Policy

You must ensure that you read, understand and comply with this policy.

The prevention, detection and reporting of modern slavery in any part of our business or supply chain is the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy.

You must notify your manager or the HR Department as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future.

You are encouraged to raise concerns about any issue of suspicion of modern slavery in any parts of our business or the supply chains of any supplier tier at the earliest possible stage.

If you believe or suspect a breach of this policy has occurred or that it may occur, you must notify your manager or report it in accordance with our Whistleblowing Policy as soon as possible.

If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chain constitutes any of the various forms of modern slavery, raise it with your manager or the HR Department.

We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that modern slavery of whatever form is or may be taking place in any part of our own business or in any part of our supply chain. If you believe that you have suffered any such treatment, you should inform your manager immediately.

Communication

Our zero-tolerance approach to modern slavery must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.

Breaches of this Policy

Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct.

We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.

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