Individual Terms of Use

1.Definitions

Mint 66 Limited provides organisations and their employees with access to an online survey (Service), the purpose of which is to provide the employees with the means anonymously to record at any time, and as often as they like, their priorities, satisfaction levels, feelings and comments concerning their working life, and to provide the organisation with analytical tools designed to enhance its understanding of what matters to its employees, and how well the employees feels their needs are being fulfilled. These are the individual terms of use (Terms) of the Service, whether accessed by You via website, mobile device app, desktop app or otherwise, and whether acting on Your own or on the employer’s behalf.

By using the Service, You agree to be bound by these Terms.

In these Terms, the following words and phrases have these particular meanings:

  • We, Us or Our means Mint 66 Limited, a company incorporated in England and Wales whose registered number is 15460558.
  • You or Your means you, the person reading these Terms.
  • Employer means an organisation granted a Licence.
  • Licence means a licence to use the Service granted by Us or Our agents to and Employer.
  • User means any individual who is allocated an end-user licence by the Employer to use the Service and who accesses the Service or is permitted to access any part of the Service by the Employer.
  • Contribution means any data provided by a User and captured by the Service, whether as textual comments or numbers derived from the position and settings of on-screen controls displayed as part of the Service.
  • Account means a record kept by Us of Your acceptance of these Terms in association with the Service thereby entitling You to use those parts of the Service deemed available to You by the Employer until the Employer’s licence to operate and administer the Service expires or until the date You cease to be employed by the Employer, whichever occurs first.
  • Intellectual Property Rights means patents, copyright, moral rights, trademarks, service marks, goodwill, trade secret rights and other intellectual property rights and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • UK GDPR has the meaning given to it in the Data Protection Act 2018.
  • EU GDPR means the European Union’s General Data Protection Regulation, in force from 25 May 2018.
  • Applicable Laws means (a) to the extent that UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom, (b) to the extent that EU GDPR applies, the law of the European Union or any member state of the European Union to which We are subject.
  • Personal Data has the meaning given to it in UK GDPR;
  • Controller, processor and process(ing) have the respective meanings given to them in UK GDPR.

2.Our Guarantees to You

We hereby agree, unless legally obliged to the contrary, not to:

  • sell or give Your name or email address or any other personal information You may provide Us with to any third party, including the Employer;
  • identify You as the author of any Contribution;
  • knowingly make the content of Your Contributions in which Your identity is hidden available to any other person in a format that makes it possible to deduce Your identity.

We will show the Employer Your Contributions, but We will not tell the Employer that You wrote them. Any further comments made in reply to the Employer’s replies continue to be anonymous, although they are linked together in a conversation. If You choose to reveal Your identity during a conversation, You will be identifiable as the author of all of Your comments in that conversation, but not of any other comments or conversations. You assume all risks and consequences of revealing Your identity. If You wish to remain anonymous, You must ensure that You do not provide the Employer with enough information for the Employer to be able to infer your identity.

We show the Employer Your importance and satisfaction ratings and ratings changes, which the Employer will see as marks on a graphical chart, but only alongside other people’s ratings. The Employer does not know whose opinion is whose, or whether You have provided a rating at all. In addition, We randomly shift all the data points slightly, to stop the Employer comparing and cross-referencing charts.

We will process Your Personal Data provided to Us by the Employer in accordance with Applicable Laws, under which We act as Processor, on behalf of the Employer acting as Controller.

3.Obligations of Users

You hereby agree:

  • to provide Us with Your real name and a valid email address in order to open an Account with Us (the e-mail address will normally default to Your work email address but You may change it at any time to a private email address if You prefer);
  • to permit Us to send occasional Service-related information including reminders to use the Service, and to forward messages on behalf of the Employer to the email address You supply;
  • to permit Us to allow the Employer to have visibility of your Contributions in a format and manner which does not permit the Employer to identify You as the author of such Contributions;
  • to keep Your password secure, and to change it if You believe it may have been compromised;
  • to notify Us immediately of any breach of security with respect to Your Account;
  • to notify Us or the Employer promptly if You experience problems with the Service;
  • that any Personal Data contained in your Contributions, or provided to Us by the Employer shall be processed by Us in in accordance with the Licence in force between Us and the Employer.

You hereby agree not to:

  • use or attempt to use any part of the Service to which You have not been given access by the Employer, or if You cease to be an employee of the Employer (unless the Employer specifically requests You to use the Service after You cease to be an employee);
  • submit any profane, offensive, libellous or discriminatory language via the Service;
  • use the Service in a manner which contravenes any of the Employer’s rules, or any contract You may have with the Employer;
  • use the Service for the purposes of political campaigning, religious proselytisation, commercial solicitation, or the organisation of any activity or event of an illegal nature;
  • use the Service to air non-work-related grievances against another User;
  • use another User’s credentials to log in to the Service;
  • in using the Service, impersonate another person, including the use of another person’s passwords, attempt to mislead any person as to Your identity, including by the submission of comments which refer to You in the third person or misrepresent your relationship with a person or entity;
  • attempt to reverse engineer, disassemble or otherwise investigate the internal workings of the Service;
  • not to copy, adapt, modify or translate the Service documentation without Our prior written consent;
  • use or launch any automated system such as robots or spiders to access the Service or collect or harvest any personal information, including account names, from the Service;
  • compromise or attempt to compromise the security and integrity of the Service and the privacy of the data held by the Service, or take any action that imposes an unreasonable load on the Service;
  • provide to the Service any inaccurate or invalid data, or misrepresent your own opinions and true levels of satisfaction and priority;
  • submit multiple textual Contributions with similar content in order to give the appearance that such Contributions have been made by different Users or in order to magnify the importance of points expressed by such content.

We may at Our sole discretion suspend or terminate Your access to the Service or any part thereof without notice or liability if, in Our belief, You violate any of these obligations. We will terminate Your Account and access should (a) You cease to be an employee of the Employer (unless the Employer specifically requests You to use the Service after You cease to be an employee), (b) you withdraw your consent or (c) the Employer terminates its use of the Service, whichever comes first.

4.Initial Use of Service

Before You use the Service for the first time, you must join by supplying to the Service a unique one-time use joining code which will be given to You by Us or by the Employer, and by agreeing to these Terms; this creates Your Account with Us and gives You access to the Service. The Employer determines from time to time which parts of the Service You will be able to access.

5.Use of Service on Behalf of the Employer

Should You at any time obtain or be given access, either directly or indirectly, to any of the Contributions or any other data submitted by Users or analyses thereof, or be given access by the Employer to any of the analysis, communications or administrative functionality of the Service, You further hereby agree

  • that comments and data submitted by Users are their individual personal opinions, and therefore enjoy the protection of local laws relating to freedom of speech, including where applicable the First Amendment of the Constitution of the United States of America;
  • not to use any information shown to You by the Service except for the purposes of carrying out your job as defined by the Employer;
  • to respect and maintain indefinitely the privacy and confidentiality of any information provided by a User that chooses to identify himself or herself to You, unless otherwise requested by that User, unless laws under any applicable jurisdiction would be broken by so doing;
  • not to use the knowledge of a User’s identity, nor to identify or attempt to identify any User, nor to seek to persuade any User to self-identify, for the purpose of or with the intention of discriminating against, taking any disciplinary action against, terminating employment of, selecting for redundancy, selecting for non-renewal of contract or acting in any other way to disadvantage a User because of the content of the User’s Contributions. Notwithstanding the foregoing, You may, but only at the Employer’s request, attempt to identify Users who breach the Employer’s terms and conditions of employment and to take action according to the Employer’s own internal policies and procedures from time to time in force provided such breach occurs as the result of the User’s Contributions to the Service in which User is acting in a professional capacity to represent the Employer;
  • not to order, coerce, or otherwise require or cause any User to act contrary to the Terms applicable between that User and Us;
  • that Your sole remedy in the event of a Contribution by another User being deemed unacceptable by the Employer is to refer the Contribution to Us for resolution of the matter, and You agree that You will take no further action against that User, notwithstanding instructions to You by the Employer to the contrary or the contravention by that User of any of the Employer’s own rules, unless an offence has been committed under any laws under any applicable jurisdiction.

6.Proprietary Rights

Intellectual Property Rights in the content of Your Contributions belong to You. Nevertheless, by making a Contribution, You irrevocably agree that we may without time limit and at Our sole discretion store, manipulate, copy, aggregate and perform other data and text processing and analysis functions on the contents of Your Contributions, and furthermore present certain results to the Employer’s choice of other Users and third parties, and in the case of aggregated results and for purposes of comparison, to other the Employers. Notwithstanding the foregoing, You may request Us to remove any Personal Data in Your Contributions in compliance with Applicable Laws by contacting support@mint66.com.

Except for Your Contributions, the Service and its materials and all Intellectual Property Rights related thereto, are Our exclusive property and nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights beyond the right granted to You by these Terms to use the Service.

If You submit comments or ideas about the Service to Us, You agree that these become Our property and that We may make free use of them in any way We see fit. You acknowledge that, by acceptance of Your Contributions, We do not waive any rights to use similar or related ideas previously known to or developed by Us, Our employees, agents or otherwise.

7.Privacy and Confidentiality

Our reputation depends on maintaining Your privacy and the confidentiality of Your identity. Our privacy and data protection policy can be viewed here. By using the Service, You consent to Your Personal Data being transferred to and processed in the United Kingdom and the EU as prescribed by UK GDPR and EU GDPR respectively. We use commercially reasonable technical and procedural measures designed to secure Your Personal Data and Your Contributions from accidental loss and unauthorised access, use or disclosure. However, We cannot guarantee that unauthorised third parties will never be able to defeat those measures. All Contributions are made at Your own risk. We use the services of world-class cloud computing providers, who are chosen for their ability to maintain and high-performance high-availability facility. Whilst We aim to provide an uninterrupted Service to You, We reserve the right to withdraw access to parts or all of the Service on a temporary basis without compensation to You should We consider at our sole discretion that circumstances require this measure.

8.Third-Party Websites, Advertisers and Service Providers

Our website, through which access to the Service may be obtained by Users, may contain links to third-party websites, advertisers, or other service providers that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or service.

We may send carefully redacted versions of Your Contributions securely and anonymously to third-party websites for additional processing and analysis, but only under the terms of the Licence between Us and the Employer.

9.Indemnity, Warranties and Limitation

Indemnity

You agree to indemnify Us and Our employees, agents and affiliated companies from and against any claims, losses, liabilities and expenses arising from:

  • Your misuse of the Service;
  • Your violation of any part of the Terms;
  • Your violation of any third-party rights;
  • Your violation of any law, rule or regulation of any country or region;
  • Your violation of any of the Employer’s rules

No Warranty

The Service is provided on an "as is" basis and use is at Your own risk. The Service is provided without warranties of any kind, whether express or implied. Without limiting the foregoing, We, our subsidiaries, and our licensors do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.

Limitation of Liability

To the maximum extent permitted by applicable law, We and Our directors, employees and licensors shall not be liable for any direct, indirect, special, consequential or exemplary loss or damages, including without limitation damages for loss of profits or goodwill that result from any person’s use of, or inability to use, the Service. To the maximum extent permitted by applicable law, We assume no liability or responsibility for any (i) errors or inaccuracies of contributions; (ii) any unauthorised access to our secure servers; (iii) any interruption or cessation of the Service; (iv) any bugs, viruses, or the like that may be transmitted to or through the Service by a third party; (v) user communications or the defamatory, offensive, or illegal conduct of any third party. With the exception of any breach of confidentiality or breach of law, in no event shall We, our affiliates, directors, employees, or licensors be liable for any amount exceeding in aggregate the amount of licence fee actually paid by the Employer to Us in the 12 months preceding the date of occurrence of the event giving rise to Our liability.

10.Assignment

This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by You, but may be assigned by Us.

11.General

  • These Terms are governed by the laws of England and Wales. You and We irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the determination of any dispute or claim (including claims of a non-contractual nature) arising out of, or relating to, these Terms or Your use of the Service.
  • The paragraph headings in these Terms are purely to aid understanding and legibility, and do not themselves form part of the Terms.
  • These Terms, together with any other legal notices and agreements published by Us, shall constitute the entire agreement between You and Us. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
  • We may change these Terms at any time by giving You 14 days’ notice by email, by hard copy notice, or by making the changes accessible on our website.
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