Procedor Terms and Conditions, Privacy, Data and Cookies Policies

Terms and Conditions         Last updated: 22nd May, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any of the Procedor services (the “Service”) operated by Procedor Limited (“us”, “we”, or “our”).

Application Services (includes data for functionality)
Reflection Questions App
The Mentorizt Website (future)

Content Services (subscriber)
Daily Thoughts Foundation (daily email)
Ownership Update (periodic email)

Procedor Websites (information and subscriber sign-up)
Mark Fritz – www.markfritzonline.com
Daily Thoughts Foundation – www.dailythoughtsfoundation.com
Reflection Questions – www.reflectionquestions.com (Note: information only)

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

Our Service allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Procedor Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Procedor Limited.

When you upload content, you give to Procedor Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Procedor Limited business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Procedor Limited.

Procedor Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Procedor Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Procedor Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Procedor Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Procedor Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Procedor Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Procedor Limited or any person for whom Procedor Limited is responsible, and even if Procedor Limited has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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Privacy Policy              Last updated: 22nd May, 2018

Procedor Limited (“us”, “we”, or “our”) operates the Reflection Questions mobile application (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name (“Personal Information”).

Log Data

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics (“Log Data”).

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service. Please refer to our data policy for specifics.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the information, including Personal Information, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

In the event that a dispute arises with regards to the international transfer of data, you agree that the courts of England and Wales shall have exclusive jurisdiction over the matter.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Jurisdiction

This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Contact Us

If you have any questions about this Privacy Policy, please contact us at mark@procedor.com

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Data Policy (Processing)        Last updated: 22nd May, 2018

By use of Procedor services, you instruct Procedor to process any personal data you provide to Procedor and agree to the processing of any personal data that Procedor uses with the services provided. Customer also specifically authorizes the engagement of Procedor’s Sub-processors. In addition, Customer generally authorizes the engagement of any other third parties as Sub-processors.

Data Controller – Mark Fritz (mark@procedor.com)
Data Processes – Mark Fritz (mark@procedor.com)

Details of Data Processing

Subject Matter:

All Procedor services, Customer provided data, and related support to Customer.

Duration of the Processing:

As identified in Procedor’s Terms and Conditions.

Nature and Purpose of the Processing:

Procedor provides application services (reflection questions app) and content services (subscriber emails) identified in our terms and conditions.

Categories of Data:

Content – Personal Data – Name and Email
Application – Personal Data – Name, Email, Applications Input

Data Subjects:

Personal data submitted, stored, sent or received via Procedor services that may concern the Customer.

Data Security

Procedor takes all reasonable technical and organizational measures to commit to confidentiality of your data including:

Use of encryption (within subprocesser Aweber)
Continual monitoring of the confidentiality, integrity, availability, and resilience of our systems
Preparedness to restore availability of our services in the event of a physical or technical incident
Regular risk assessments of all systems (quarterly or if new services offered)
Commercially reasonable steps to ensure employees and those acting on Procedor’s behalf maintain confidentiality of personal data
Privacy confirmations of all sub-processors engaged in providing Procedor services
Provide written responses to all reasonable requests for information made by customers
Reasonably assist customers with data security audits, including inspections, conducted by the customer, auditors, or other supervisory authorities
Provide notice to customers regarding personal data breaches

Data Rights

Right to be informed:

You can ask about personal data, how it is used, and why it is being used at any time.

Right of access:

As outlined in our Privacy Policy (Access to Personal Information).

Right of rectification:

You can update (or request updates to) personal information at any time.

Right of erasure:

You may unsubscribe at any time and may additionally request that Procedor erase your personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. AWeber (our subprocessor reserves the right to keep the minimum amount of information that helps us prevent fraud to keep your deliverability the highest it can be.

Right to restrict processing:

You may cancel your account to restrict all data processing of your data and reactivate your account as long as we have not yet deleted your information according to our retention policies.

Right to object

You may unsubscribe from any of Procedor’s emails at any time, and from any of its applications (Reflection Questions App and The Mentorizt (future).

Sub-processors

You may opt-in to be informed of sub-processor additions excluding those on our list of sub-processors below by contacting us. If you object to any sub-processor addition, you may cancel your account within 5 days of the notification provided that such objection is based on reasonable grounds relating to data protection.

Aweber
Paypal (future)

Cookies Policy                                                                Last updated: 22nd May, 2018

What are cookies?

Cookies are small text files that are placed on your computer, smartphone or other device when you access the internet.

Why are cookies essential to Procedor’s websites?

 This website, along with many others, uses cookies. Cookies let users navigate around sites and (where appropriate) let us tailor the content to fit the needs of our site’s visitors. Without cookies enabled we can’t guarantee that the website and your experience of it are as we intended it to be.

None of the cookies we use collect your personal information and they can’t be used to identify you.

Types of cookies

The length of time a cookie stays on your device depends on its type. We use two types of cookies on our websites.

Session cookies are temporary cookies which only exist during the time you use the website (or more strictly, until you close the browser after using the website). Session cookies help our websites remember what you chose on the previous page, avoiding the need to re-enter information.

Persistent cookies stay on your device after you’ve visited our website. They help us identify you as a unique visitor but don’t contain information that could be used to identify you to another person.

At Procedor we use cookies in the following ways:

We also use web analytics services from other companies to track how visitors reach our site and the path they take through it. These companies use cookies to help us improve our service to you.

The analytics services we use are:

Google Analytics, which uses cookies to help us analyse how our visitors use the site. Find out more about how these cookies are used on the Google privacy site

How to control and delete cookies

If you want to restrict or block the cookies we set, you can do this through your browser settings. The ‘help’ function within your browser should tell you how.

Alternatively, you could visit www.aboutcookies.org, which contains comprehensive information on cookies on a wide variety of browsers. You’ll also find details on how to delete cookies from your computer. To learn about controlling cookies on the browser of your mobile device please refer to your handset manual.

Web beacons: tiny, invisible images placed in emails to tell us whether you’ve opened them (and if so how often), how you interacted with them (for example the time you spent reading the email), which email software and web browser you used, which device you used and your IP address. We also use web beacons to help us display emails in the best format for your device.

Link tracking: our emails contain a number of hyperlinks, each of which has a unique tag. When you click on one of these links the mailing company logs the click so that we can understand who has clicked through from an email to our website. We use this information to tailor future messages to you.

Cookies: our process for delivering emails may cause cookies to be set when you download images or when you click on a link.

Making choices about cookies

If you don’t want to accept cookies from our emails, simply close the email before downloading any images or clicking on any links. You can also set your browser to restrict or reject cookies. These settings will apply to all cookies on websites and emails.

In some instances, depending on your email or browser settings, cookies in an email may be automatically accepted (for example, when you’ve added an email address to your address book or safe senders list). Please check your email browser or device instructions for more information on this.