User terms and conditions | SILENTDATA

User terms and conditions

Please read these terms and conditions carefully before using this site

What’s in these terms?

These terms tell you the rules for using our website https://silentdata.com and associated SILENTDATA services (together, the site).

Who we are and how to contact us

https://silentdata.com is a site operated by Applied Blockchain Ltd (“We”). We are registered in England and Wales under company number 09686276 with registered address Level 39, One Canada Square, London E14 5AB. To contact us, please email info@silentdata.com, write to us via our Contact Form or message us on our Live Chat.

By using our site you accept these terms

By using our site, 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, you must not use our site.

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

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

There are other terms that may apply to you

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

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 3 March 2021.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs, regulatory requirements and our business priorities.

We may suspend or withdraw our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The site is made available on an “as is” and “as available” basis.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password 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.

We have the right to disable any user identification code or password, 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, you must promptly notify us at info@silentdata.com, write to us via our Contact Form or message us on our Live Chat.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation, if applicable, to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

How you may use our site

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, or facilitates illegal activity.
  • In any way that attempts to impersonate another person or entity, or falsely states, misrepresents, or conceals your affiliation with another person or entity.
  • In any way that improperly solicits personal or sensitive information from other users.
  • In any way that is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • 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 reproduce, duplicate, copy or re-sell any part of our site.
  • 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.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

The site is made available on an “as is” and “as available” basis.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

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

We are not responsible for third parties

Where third parties who are subscribers to the SILENTDATA services use the SILENTDATA services to direct you to our site, we are providing a service to such third parties to allow them to conduct certain checks on you. You acknowledge that those checks are performed on you by such third parties and not us, and we shall have no responsibility whatsoever for:-

  • the identity of such third parties;
  • any act or omission of such third parties;
  • any check(s) performed upon you by such third parties;
  • the outcome or result of any check(s) performed upon you by such third parties;
  • any action(s) taken by such third parties as a result of any check(s); or
  • any information or data you provide to such third parties, subject to our obligations in relation to data privacy and data protection as more further described in the Personal information and data protection section.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third parties who are subscribers to the SILENTDATA service or third party providers of products or services.

You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of the site.

Services provided by third parties

Third party services are used in order to conduct checks through SILENTDATA. These may include the services of regulated Open Banking Account Information Service Providers, as well as the banks and financial services providers with whom they connect. Additional services may be added to offer additional checks from time to time. Access to your accounts with banks and other third party service providers is conducted through their own online services to which you are directed. We do not see or store your login credentials, and we are not responsible for any issues associated with your account or credentials in respect to those institutions.

We are not responsible for the availability or quality of service, or the availability or quality of data, provided by banks, financial services providers or other third party service providers, and any effect this may have on the SILENTDATA check being conducted or its outcome.

Responsibility for loss or damage

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • Different limitations and exclusions of liability will apply to liability arising as a result of services supplied to you as a subscriber to the SILENTDATA services, which will be set out in our Subscriber Terms and Conditions https://silentdata.com/terms-of-service-subscriber.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you 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
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of 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.

If you are a consumer user:

  • We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or instructions.

Personal information and data protection

We will only use your personal information as set out in our Privacy Policy.

The following terms shall apply to the processing of any Personal Data by us on behalf of you:

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: have the meaning as defined in the Data Protection Legislation.

Data Protection Legislation:  all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Domestic Law: means the law of the United Kingdom or a part of the United Kingdom.

We shall, and by using our site you agree that you shall, comply with all applicable requirements of the Data Protection Legislation.

For the purposes of the Data Protection Legislation, you are the Controller and we are the Processor. The duration of the processing of Personal Data will be the same as the duration of these terms, except as otherwise agreed to in writing. The subject matter of the processing of Personal Data shall be as set out in these terms. The nature and purpose of the processing of Personal Data involve the provision of the site to you, as set out in these terms.

You must ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Data to us and/or lawful collection of the Personal Data by us on your behalf for the duration and purposes of these terms.

We shall, in relation to any Personal Data processed in connection with the provision of the site:

  • process that Personal Data only as necessary to provide the site or on the written instructions of you, unless we are required by Domestic Law to otherwise process that Personal Data. Where we are relying on Domestic Law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits us from so notifying you;
  • ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
  • ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
  • not transfer any Personal Data outside of the UK unless the following conditions are fulfilled: (i) we have provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and (iv) we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
  • assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  • notify you without undue delay on becoming aware of a Personal Data Breach;
  • at your written direction, delete or return Personal Data and copies thereof to you unless required by Domestic Law to store the Personal Data; and
  • maintain complete and accurate records and information to demonstrate our compliance with these data protection terms and allow for audits by you or your designated auditor and immediately inform you if, in our opinion, an instruction infringes the Data Protection Legislation.

By using the site, you provide your prior, general authorisation for us to use subprocessor as a third-party processor of any Personal Data under these terms. We shall ensure that the terms on which we appoint such processors comply with Data Protection Legislation, and are consistent with the obligations imposed on us in these terms. We will inform you of any intended changes concerning the addition or replacement of the processors, thereby giving you the opportunity to object to such changes, either by email or by publication to the site prior to any appointment. You may object to the appointment by giving written notice to us within thirty (30) days of being informed of such appointment, and if, within thirty (30) days of our receipt of your objection, we fail to provide a commercially reasonable alternative to avoid the Processing of Personal Data by the appointed subprocessor, you may, as your sole and exclusive remedy, terminate any services to which these terms apply. As between us and you, we shall remain responsible for the acts or omissions of any such processor appointed by us pursuant to these terms.

We are not responsible for viruses and you must not introduce them

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

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

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 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 will cease immediately.

Rules about 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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, their subject matter and their 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.

Our trade marks are registered

APPLIED BLOCKCHAIN is a UK registered trade marks of Applied Blockchain Ltd. You are not permitted to use it without our approval, unless they are part of material you are using as permitted under the How you may use material on our site section above.