TERMS AND CONDITIONS
The following covers Hortium Limited and Hortium Group of companies including trading names (‘Hortium’), Terms and Conditions, GDPR Statement, Trademarks and EULA Agreement.
Hortium, Hortium.ai, Hortium.digital Hortium Analytics and Hortium Reporting Service are trading names of Hortium Limited (‘Hortium’).
If you have any questions or would just like to get in touch, please don’t hesitate to contact us
Terms and Conditions
This page contains terms and conditions of use of the Hortium services. Section 1 covers general terms and section 2 covers how we hold and process personal data.
These Terms and Conditions govern the use of the Hortium, Hortium Analytics and Reporting Service (‘Hortium’ or ‘the Service’) and together with any documents referred to in it describe the terms on which you may make use of the Service, as a registered user. Use of the Service includes accessing, browsing, or registering to use the Service.
Website Content and Copyright
The design and function of the Hortium Service is Copyright© Hortium Limited, including but not limited to Heat Tiles and other graphics and are protected by international Copyright laws, all rights reserved. We are the owner of all intellectual property rights in the Service, and in the material published on it. You must not represent any information taken from Hortium as coming from another tool or service, and you may only use any part of the content on the Service for commercial purposes with a licence to do so from us or our licenced resellers.
The ‘Hortium’ logo is a registered trademark of Hortium Limited.
Changes or Updates to the Service
Hortium reserves the right to update the look and functionality of Hortium, including removing, amending, or adding new functionality. We will endeavour to give full notice of these changes, and any associated downtime.
Changes to these terms
Hortium strive to ensure that collection of data by Hortium is contiguous and continuous. Advertised “downtime” of the Service normally means that the Web Interface will be unavailable for the stated time, but that data collection will continue unchanged and when access to the Web Interface is restored, there will be no gaps in collected data. On the rare occasions when collection of data needs to be temporarily suspended, this fact will be advertised.
Accuracy of Information
Information displayed by Hortium is based on data collected from 3rd party data sources over which we have no control. We make every effort to ensure the information displayed by the Service is accurate, but Hortium is not responsible for inaccuracies caused by faulty software, firmware or data sources being monitored and analysed, or for problems caused by connectivity over which we have no control. You assume responsibility for the use you make of the data provided by Hortium. Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Limitation of Liability
use of, or inability to use, the Service; or
use of or reliance on any content displayed on the Service.
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Although we take steps to prevent our systems being affected by computer viruses, 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 the Service or to your downloading of any content on it, or on any website linked to it.
In accessing and using the Service the User agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of the Service. Hortium may terminate a user’s access to the Service at any time if it suspects a user is not complying with these terms. The user agrees to indemnify, defend and hold harmless Hortium and its directors, employees and agents from and against all losses, expenses, damages and costs arising out of the User’s use/ misuse of this Website.
2. Personal Information: Data Protection and the GDPR
This section describes how we handle Personal Data for you as a user of the Hortium service (the Service). We’ll describe it in general terms, and specifically as it’s covered in the Data Protection Act 1998 (the DPA) and the General Data Protection Regulation 2018 (the GDPR).
Our policy around your personal information is this: We will work hard to protect your privacy, and we will only collect, keep and use information about you which enables us to:
Carry out our obligations to you as a user of our Hortium Service
Tell you about changes to the Service which might affect your use of it (for example, if Hortium is going to be unavailable for maintenance)
Tell you about changes to the Service which might help you get more out of it (for example, describing a new feature we’re adding, or reminding you about a feature we think would be valuable to you)
Store your preferences in using the Service, and details of how you have used it
Understand and record how people use the Service, both to help us improve it, and to provide audit trails of changes as part of the Service’s Administrative functions
Processing of personal data is incidental to the Service, and not our primary purpose, and we will regularly audit that your data is stored securely. We will never pass your information on to third parties unless it both supports one of the goals above, and is being passed to an organisation which has confirmed it will treat your data to the same standard we do and complies with the DPA / GDPR.
For the purpose of the DPA or the GDPR, Hortium Limited functions as both a data controller and data processor. If you have any further queries about how we process your data, or what data we hold on you, you can contact us via the phone numbers at the foot of this page, which are also found on our website, www.hortium.com. You can also send emails to gdpr@Hortium.net where they will be routed to the appropriate person.
Information we may collect from you
We may collect and process the following data about you:
1. Information that you provide when you register to use the Service, or when someone in your organisation or service provider registers you to use the Service:
Your Email address, which enables us to identify you to Hortium, store your preferences for using the system, and send you emails about the Service;
Your Full Name, which we use to include in reports, to help other people in your organisation or your service provider identify you, and
A phone number we can use to contact you (optional)
Your email and full name are necessary for correct functioning of the Service, and if you don’t provide them you will be unable to access the Service. This information will be stored for as long as you have an account on the service. If you stop using your Hortium account, your account details will be automatically deleted after twelve months, although we will retain abbreviated details about you (your email address) in audit and system logs for up to three years. If you want to change the details we hold on you, or delete your account, and don’t have the necessary privileges to do it yourself, you can contact:
Your Service Provider’s support desk, if Hortium was set up for you by a Provider, or
Hortium’s support team on firstname.lastname@example.org
Your email address will be used to send you administrative details and updates about the Service, for example to notify you of outages, or tell you about new features. These emails will always contain an “unsubscribe” link although we recommend that you stay subscribed as you may miss important information, or not be aware of important changes or enhancements to the Service that you might find valuable.
2. Information on your usage of the Service :
The date, time and IP address from which you log in to the Service
The date, time and IP address from which you make administrative changes if you have those privileges
We keep this information for security purposes, to help us understand how people use the Service, and to help other people in your organisation or your Service Provider make best use of the service and understand how it has been used. This audit-trail information is available through the Hortium GUI to people who administrate your account. The audit trail information will be kept for two years after your Hortium account is deleted, and then automatically purged.
3. IP Addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to help us understand how people use Hortium and ensure we’re supporting them properly.
Where we store your personal data
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 the Service; 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.
Disclosure of your Information
We may disclose your personal information to any member of our company, or to contractors and third parties working for us. Where we disclose information to third parties or contractors, we will ensure that those people operate under the same confidentiality agreement, and respect the terms of the GDPR.
We may also disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the seller or buyer of such business or assets.
If Hortium or substantially all of its 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.
1. Opting Out
You have the right to ask us not to use your personal data to tell you about new Hortium features and capabilities. You can use the ‘unsubscribe’ option at the bottom of these emails, for this purpose, or contact us using one of the methods below.
2. Access to Information
We want to ensure that the information we hold about you is accurate, and the GDPR gives you the right to access this information. You can see the account-level information we keep by using the ‘My Details’ option behind the user icon in the top right of your Hortium screen (after logging in). If you’d rather deal with us directly, or want more information, you can contact us through one of the routes below. Any access request may be subject to a fee of £10 to meet our costs in providing this information.
The EU General Data Protection Regulation (“GDPR”) came into force across the European Union on 25th May 2018 and brought with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, GDPR has been designed to meet the requirements of the digital age.
The 21st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control of their personal information.
Hortium Limited is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of GDPR and the UK’s Data Protection Bill.
Hortium Limited is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new policies, procedures, controls and measures to ensure maximum and ongoing compliance.
Implementing GDPR Policies
Hortium Limited already has a consistent level of data protection and security across our organisation. However, with the introduction of GDPR, we have augmented our policies in order to be fully compliant with the new Regulation: –
Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
Policies & Procedures – Implementing data protection policies and procedures to meet the requirements and standards of GDPR and any relevant data protection laws, including: –
Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights
apply; along with any exemptions, response timeframes and notification responsibilities.
Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
International Data Transfers & Third-Party Disclosures – where Hortium Limited stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
Legal Basis for Processing – where relevant, we have implemented processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
Privacy Notice/Policy – where relevant we have implemented Privacy Notice(s) to comply with GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
Obtaining Consent – where relevant we have enhanced our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
Direct Marketing – Hortium Limited do not and will not use any personal information for direct marketing purpose
Data Protection Impact Assessments (DPIA) – Hortium Limited does not process personal information that is considered high risk or includes special category/criminal conviction data.
Processor Agreements – We do not use any third-parties to process personal information on our behalf
Special Categories Data – We do not obtain or process any special category information.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we can provide information of an individual’s right to access any personal information that Hortium Limited processes about them and to request information about: –
What personal data we hold about them
The purposes of the processing
The categories of personal data concerned
The recipients to whom the personal data has/will be disclosed
How long we intend to store your personal data for
If we did not collect the data directly from them, information about the source
The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
The right to lodge a complaint or seek judicial remedy and who to contact in such instances
Information Security & Technical and Organisational Measures
Hortium Limited takes the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including:
Encrypted data transfer over SSL channels;
GDPR Roles and Employees
Hortium Limited understands that continuous employee awareness and understanding is vital to the continued compliance of GDPR. If you have any questions regarding our GDPR policies, please contact Amar Nandha who is Hortium Limited’s appointed GDPR person / DPO.
EULA: Hortium Limited Software Licence
PLEASE READ THESE LICENCE TERMS CAREFULLY
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Hortium Limited of Penrose House, 67 Hightown Road, Banbury, Oxfordshire, United Kingdom OX16 9BE (Licensor, us or we) for:
computer software (Software); and
printed materials and online documents (Documents).
We license use of the Software and Document to you on the basis of this Licence. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software and the Documents on the terms of this Licence.
1.2 You may:
(a) download, install and use the Software for your internal business purposes only:
(i) on one central processing unit (CPU) if the Licence is a single-user licence or the Software is for single use; or
(ii) if the Licence is a multi-user or network licence, by the number of concurrent users agreed between you and us;
(b) provided you comply with the provisions in Condition 2., make up to 2 copies of the Software for back-up purposes only;
(c) receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time; and
(d) use any Documents in support of the use permitted under Condition 1.2 and make such copies of the Documents as are reasonably necessary for its lawful use.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Software or Documents except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software which is substantially similar to the Software;
(e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
(f) to include our copyright notice on all entire and partial copies you make of the Software on any medium;
(g) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees without prior written consent from us; and
(h) to comply with all applicable technology control or export laws and regulations.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form.
4. LIMITED WARRANTY
4.1 We warrant that:
(a) the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the Software in all material respects,
for a period of 90 days from the date of installation of the Software (Warranty Period).
4.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documents, we will, at our sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
4.3 The warranty does not apply:
(a) if the defect or fault in the Software results from you having altered or modified the Software; and
(b) if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
5. LIMITATION OF LIABILITY
5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
5.2 We only supply the Software and Documents for internal use by your business, and you agree not to use the Software or Documents for any re-sale purposes.
5.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
5.4 Other than the losses set out in Condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This maximum cap does not apply to Condition 5.5.
5.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by law.
5.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
7.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
8. OTHER IMPORTANT TERMS
8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
8.3 This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence.
8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.6 Monthly usage based pricing is based on peak usage of licenses and features across the previous monthly period.
8.7 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
You can also reach us by phone at +44 207 748 0100
Our registered office is Penrose House, 67 Hightown Road, Banbury, Oxfordshire, OX16 9BE, United Kingdom.