Terms and conditions - Imegamedia

END USER LICENSE AGREEMENT [click to goto]
INSTALLATION AGREEMENT [click to goto]
PRIVACY POLICY [click to goto]

END USER LICENSE AGREEMENT
www.imegamedia.co.uk

This License Agreement (hereinafter "agreement") is an agreement between you (the person or company who is being licensed to use the software or documentation) and Imega, a trading name of True Innovation Limited (changing to NewDay Technology Limited with effect from 1st October 2024), trading from 2 Stratfield Saye, 20-22 Wellington Road, Bournemouth. BH8 8JN, United Kingdom (hereinafter "we/us/our"). The agreement applies to all integration technology products / software / scripts / services you purchase and / or commission from us (herein "software")

  1. By using our Software you acknowledge that you have read this Agreement, and that you agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
  2. You will ensure that you have all appropriate regulatory authorisations and licences required (including under applicable law) to use the software and for any regulated activity (including credit broking) that you carry out in connection with this agreement or your use of the software. You acknowledge that we are not the credit broker or carrying on any other regulated activity in connection with the provision of this software.
  3. The Agreement comes into legal force at the moment when you place your order on our website, telephone, email or by any other means.
  4. We are the copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes terms of this Agreement violates copyright law and will be prosecuted according to the current law. We reserve the right to revoke the license of any user who is holding an invalid license.
  5. This Agreement gives you the right to use the Software on one website (one domain, one webstore) solely for your own personal or business use, subject to all other terms of this Agreement. Any distribution of the Software without our consent, including non-commercial distribution is regarded as violation of this Agreement and entails liability, according to the current law.
  6. You may not use any part of the code in whole or part in any other software or product or website. You may not modify our code without the express permission of Imegamedia in advance in writing.
  7. You may not give, sell, distribute, sub-license, rent, lease or lend any portion of the Software or related documentation (such as installation documentation) to anyone. You may not place the Software on a server so that it is accessible via a public network such as the Internet for distribution purposes.
  8. You are bound to preserve the copyright information intact, this includes the text/link at header of each script file (where applicable), unless written authorisation has been pre-granted to remove this information.
  9. To the extent that we process any personal data on your behalf, we shall comply with the provisions and obligations imposed on a processor by the UK GDPR, including the stipulations set out in Article 28(3)(a)-(h) which form a part of, and are incorporated into, this agreement as if they were set out in full. The reference to "documented instructions" in Article 28(3)(a) shall include the provisions of this agreement. To the extent that we process any personal data as a controller, such processing will be as described in our Privacy Policy published on our website. For these purposes, the terms "personal data", "controller" and "processing" shall have the meanings given to them in UK GDPR. The Privacy Policy is deemed to form part of this Agreement.
  10. We reserve the right to maintain a list of users of our Software. This list may be used to notify you of any relevant information regarding urgent updates, new releases, new functionality, new services or any other information that we deem may be relevant to the users of our Software.
  11. We do not offer any guarantees that our software is compatible with your systems or any of your enhancements or other modules. All clients are solely responsible for monitoring their own systems (e.g. license.txt) and ensuring that their software is valid, operational and has not reached its expiry date. You agree that you will not hold us liable for any damages (including any loss of profits/saving, or incidental or consequential) caused to you, your information and your business arising out of the use or inability to use or compatibility of this Software or its impact on your website.
  12. We do not offer any guarantees that your account has been set up correctly e.g. specified account information, rates, or deposits. You are required to verify the initial setup and any further changes requested afterwards.  You agree that you will not hold us liable for any damages (including any loss of profits/saving, or incidental or consequential) caused to you, your information and your business arising out of the configuration. All clients are solely responsible for periodically monitoring their own systems and ensuring that they are configured and work as expected. 
  13. We are not liable for prosecution arising from use of the Software against law or for any illegal use. From time to time we may be required to update our Software to comply with Regulatory, Legal or lender issues beyond our control. You accept that this may impact what is shown on your website, however we will endeavour to provide advance notice of any such changes.
  14. We reserve the right to change this license agreement at any time. We may assign, novate or otherwise transfer this license agreement at any time or subcontract any or all of our obligations under it to any person and will give you written notice of any such assignment, novation or transfer.
  15. This license agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if in our sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, using the software without a valid license or if you initiate legal proceeding against us or if you have any unpaid invoices with us. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent for purchase of the Software or any other services.
  16. If you continue to use the Software after we give you notice of termination of your license, you hereby agree to accept an injunction to enforce you from its further use and to pay all costs (including but not limited to reasonable legal fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.
  17. You acknowledge that once the order process has commenced our resources are allocated (both people and systems) and that you agree to waive your right to cancel. All purchases are final. Please contact our helpdesk at support@imegamedia.co.uk and request your refund noting that they may be considered on a goodwill basis.

INSTALLATION AGREEMENT
www.imegamedia.co.uk

This Installation Agreement (hereinafter "agreement") is an agreement between you (the person or site owner or company who has requested the installation) and Imega, a trading name of TrueInnovation Limited (changing to NewDay Technology Limited with effect from 1st October 2024), trading from 2 Stratfield Saye, 20-22 Wellington Road, Bournemouth. BH8 8JN, United Kingdom (hereinafter "we/us/our"). The agreement applies to all integration technology products / software / scripts / services you purchase and / or commission from us (herein "software")

  1. The person requesting the installation has the suitable authority to request and schedule the installation of our software on the agreed website. The site owner agrees to take full responsibility for any impact on the website; including, but not limited to, the site availability, its users and any sales (at all times).
  2. The site owner must ensure that a full system backup has been taken prior to the start of any installation. In the event of any major issues during the installation, the site owner may be requested to perform a restore of their website.
  3. Any scheduled installation date should be treated as a 24-hour window in which we will endeavour to commence the installation or notify you of any alterations to the schedule.
  4. If the installation is requested on a test site, then the installation will be performed on the specified site. The site owner will be required to transfer this environment to live once they have completed their testing and acceptance of the installation. If you do require us to perform this task after the installation then please ask us for a quote.
  5. Our software is not guaranteed to be compatible with all systems. If in the event that your system is deemed to be not compatible with our software then we will notify the site owner as soon as possible. A refund may be considered on a goodwill basis and would be limited to the unused license fee cost (pro rata) and any unused installation costs.
  6. If we identify that your system has been modified and requires additional development to make our software work then we will notify the site owner as soon as possible with an estimate of timescales and additional costs. If the site owner decides not to proceed then a refund may be considered on a goodwill basis and would be limited to the unused license fee cost (pro rata) only. Due to the transient nature of systems any estimates will be valid for 5 working days only.
  7. Once you have been notified that the installation has been completed, you will be required to perform client testing and confirm your acceptance of the installation within 48 hours. If you do not inform us of your acceptance within this timeframe then it will be assumed that the installation has been completed to your satisfaction. Due to the transient nature of systems and the impact that any changes may have on functionality, any issues raised after this time will be chargeable.
  8. Please note that we only offer support for our software during the installation phase. Once you have gone live with our software we do not offer any out-of-hours support or any SLA’s unless this has been purchased as a separate support service from ourselves.
  9. We reserve the right to change this installation agreement at any time. We may assign, novate or otherwise transfer this license agreement at any time or subcontract any or all of our obligations under it to any person and will give you written notice of any such assignment, novation or transfer.
  10. Whilst we have extensive installation experience we will not be able to provide support for any other systems that are not part of our software module. E.g. Server systems, Server configuration, other third party software/modules, hosting issues, etc.

PRIVACY POLICY
www.imegamedia.co.uk

(This paragraph applies until 30th September 2024)

TrueInnovation Limited, trading as Imega (“we”, “us”, “our”), is incorporated in England and Wales with company number 05696384. Our registered office is 100 Liverpool Street, London, EC2M 2AT.

(This paragraph applies from 1st October 2024)

NewDay Technology Limited, trading as Imega (“we”, “us” or “our”), is incorporated in England and Wales with company number 08812602. Our registered office is 7 Handyside Street, London, N1C 4DA.

This policy sets out the basis on which your personal data will be processed by us when:

* You register as a member on our website
* You place an order on this site
* You fill out our contact form
* You browse our website. See “Cookie policy” below
* You fill out fields on your profile
* You use our services to show our retail finance software and process retail finance applications

For the purpose of data protection laws, Imegamedia Services Limited and True Innovation Limited are data controllers for our business customers.

TrueInnovation Limited is registered with the Information Commissioner’s Office - registration number ZA925646.

NewDay Technology Limited is registered with the Information Commissioner’s Office - registration number ZA779737.

We are committed to maintaining the privacy and protection of all personal data that we process in connection with our business.

This policy addresses how we process personal data as a controller. If you are a consumer making purchase with a retailer using our software, we act as a data processor on behalf of your retailer and your lender. In this case, the other business is responsible for the way in which your personal data is processed and their privacy policy will prevail.

If you have any questions regarding our privacy policy, please contact us (our contact details are set out in section 12).

  1. Categories of information we collect from you

1.1 We will collect and process the following personal data.

1.2 Business customers:

  • Name and role title
  • Email address
  • Telephone number

1.3 Consumers:

  • Name
  • Address
  • Telephone number
  • Email address
  • Order details
  • Finance account details
  • IP address

1.4 We do not process any special categories of personal data, meaning personal data revealing:

1.4.1 racial or ethnic origin;

1.4.2 political opinions; religious or philosophical beliefs or trade union membership;

1.4.3 genetic or biometric data that uniquely identifies you; or

1.4.4 data concerning your health, sex life or sexual orientation.

1.5 We do not collect data relating to criminal convictions or offences or related security measures.

  1. Our lawful basis for processing data as a controller

If you are a business customer interested in purchasing our services, we will process your personal data in order to take steps, at your request, to enter into a contract with you. Thereafter, we will process personal data to meet our legitimate interests - further details of these interests is shown below.


If you are a consumer applying for finance via a retailer who uses our technology services, we act as a data processor on behalf of the retailer and the lender, each of whom will have their own lawful basis for processing your personal data. 

Where we act as a data processor, we will have signed up to a Data Processing Agreement, setting out the specific uses and processing limitations agreed with the data controller. 


We set out below a brief summary of the type of data we process, why it is processed and the lawful basis for processing.


Purpose/Activity

Type of Data

Lawful Basis

Making you a registered member of our site, in order for you to place your order or manage your account

Name

Address

Contact information

Entering into and performing a contract

Processing your retail consumers’ finance applications

Consumer application data (on behalf of you and the lender)

Processing on behalf of the lender, whose lawful basis is the entry into and performance of a contract with the consumer

Sharing your software usage data with your lender for the purposes of debugging and management information

Details of your usage of our software

Legitimate interests

Performing analytics on the performance of our site

Aggregated data which will not identify you

Legitimate interests

Informing you of activity on our site

Email address

Legitimate interests

Recording certain actions you take on our site

IP address

Legitimate interests

Issuing newsletters or announcements by email

Email address

Legitimate interests (you can opt-out from these in your profile)

  1. Third parties who we share personal data with

3.1 Business Customers:

We may share your limited personal information with other companies in the NewDay Group on the basis that we have a legitimate interest, where they may have products or services that may be beneficial to you.

3.2 Consumers:

As the data controllers for your personal data, your retailer and lender will be responsible for telling you how they will use your personal data and who they share it with.

  1. Automated decision making

4.1 The nature of the service we provide to retailers and lenders does not require that we use your personal data to make automated decisions. If you are a consumer, any decisions made will be made by the lender in respect of your finance application.

  1. Storing your personal data

5.1 The data that we collect from you will be stored in (and will not be transferred out of) the UK.

5.2 It we decide to use the services of any third party providers, which are based outside of the UK, we will ensure that the third party meets and maintains acceptable data protection and security measures and will enter into a contract that sets out additional clauses, protections and obligations for the parties to ensure any personal data processed is subject to robust protections in line with either the EU Standard Contractual Clauses or the UK International Data Transfer Agreement.

  1. Period of storage

6.1 We store personal data only for as long as is necessary for us to provide our services and to meet any legal or contractual obligations to you as a business customer.


If you are a consumer applying for finance via a retailer who uses our services, we will only store your personal data for 7 days from the date you provide it. This is to ensure that the lender and/or retailer can access your data in case of a problem with your application. After 7 days, your personal data is securely deleted from our servers and will not be retrievable.

  1. Security

7.1 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. In particular we have taken steps to secure and safeguard the information we collect and transmit with the use of proven and effective security solutions.

7.2 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 website; 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.

7.3 All information you provide to us is stored on secure servers and all our systems are password protected to help ensure there is no unauthorised access to personal data. Where we have given you a password (or where you have subsequently changed that default password and chosen your own password), the password enables you to access certain parts of our website and you are responsible for keeping this password confidential. You must not share your password with anyone.

  1. Your rights under data protection laws

Right to object

8.1 You have the right to object to us processing your personal data where we are processing personal data:

8.1.1 based on our legitimate interests (as set out in section 2 above). If you ask us to stop processing your personal data on this basis, we will stop processing your personal data unless we can demonstrate compelling grounds as to why the processing should continue in accordance with data protection laws; and

8.1.2 for direct marketing purposes. If you ask us to stop processing your personal data on this basis, we will stop. In each case please do so by making contact with us directly (please see section 12).

Right of access


8.2 You have the right to receive confirmation as to whether your personal data is being processed by us, as well as various other information relating to our use of your personal data. You also have the right to access your personal data which we are processing. You can exercise this right by making contact with us directly (please see section 12). 

If you are a consumer and wish to access your personal data, you should contact your lender or the retailer, as they are the controllers of your personal data.

Right to rectification

8.3 You have the right to require us to rectify any inaccurate personal data we hold about you. You also have the right to have incomplete personal data we hold about you completed, by providing a supplementary statement to us. Right to restriction

Right to restrict processing

8.4 You have the right to restrict our processing of your personal data where:

8.4.1 the accuracy of the personal data is being contested by you;

8.4.2 the processing by us of your personal data is unlawful, but you do not want the relevant personal data erased;

8.4.3 we no longer need to process your personal data for the agreed purposes, but you want to preserve your personal data for the establishment, exercise or defence of legal claims; or

8.4.4 we are processing your data on the basis of our legitimate interest and you:

  1. a) object to our processing on the basis of our legitimate interest under section 9.1.1 above; and

b)want processing of the relevant personal data to be restricted until it can be determined whether our legitimate interest overrides your legitimate interest.

8.4.5 Where any exercise by you of your right to restriction determines that our processing of particular personal data is to be restricted, we will then only process the relevant personal data in accordance with your consent and, in addition, for storage purposes and for the purpose of legal claims.

Right to data portability


8.5 You have the right to receive your personal data in structured, standard machine readable format and the right to transmit such personal data to another controller.

Right to erasure


8.6 You have the right to require we erase your personal data which we are processing where one of the following grounds applies:

8.6.1 the processing is no longer necessary in relation to the purposes for which your personal data was collected or otherwise processed;

8.6.2 our processing of your personal data is based on your consent, you have subsequently withdrawn your consent and there is no other legal ground we can use to process your personal data;

8.6.3 you object to the processing of your personal data as set out in section

8.6.4 the personal data has been unlawfully processed; and

8.6.5 the erasure is required for compliance with a law to which we are subject.

Complaints

8.8 If you have cause to complain about our processing of your personal data, please contact us in the first instance, so that we can look to resolve the matter for you promptly. 

You have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”), the supervisory authority for data protection issues in England and Wales. The ICO’s address is:       


Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

8.9 Exercising your rights: You can exercise your rights by making contact with us directly (please see section 12). You will not generally be charged a fee for exercising any of your data protection rights and we must provide our response within one month of your request.

  1. Cookies

9.1 Cookies are small text files which are set by us on your computer which allow us to provide certain functionality on our site, such as being able to log in, or remembering certain preferences.

  1. Links on our website

Our website may, from time to time, contain links to and from the websites or platforms of our partner networks, affiliates and other third parties. Our service connects you to different websites or platforms. If you follow a link to any of these websites or platforms or use our service, please note that you have left our website and these websites and platforms have their own privacy policies and may collect or share personal data about you. We do not accept any responsibility or liability for these policies, websites or platforms. Please check these policies before submitting any personal data to these websites or platforms.

  1. Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this webpage and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

  1. Contact

Questions, comments and requests regarding this privacy policy are welcomed.

You can contact us by writing to our Data Protection Officer using the email address dpofficer@newday.co.uk or via our postal address - NewDay Technology Limited, 7 Handyside Street, London, N1C 4DA .

This privacy policy was last updated on 28th June 2024.

sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto sdtoto