DATAWING GENERAL TERMS AND CONDITIONS
1. Introduction
1.1 Please read these terms and conditions carefully before using this website.
1.2 This website (“the website”) is operated by Datawing Limited (“the Company”, “our”, “we” or “us”). The Company is registered in England and Wales under Company Number 07650812. Our registered office is at 85 Church Road, Hove, East Sussex, BN3 2BB.
1.3 By using the website in any manner, including visiting or browsing, you (“the user” or “you”) agree to be bound by these terms and conditions and any policies referenced herein.
1.4 If you do not agree to these terms and conditions, you may not use the website.
1.5 If you are under eighteen (18) years old or otherwise unable to be legally bound by this agreement, you may still use the website’s social networking facilities provided you indicate your age at registration. You will not have access to facilities that require you to be legally bound by all of these terms. You must still adhere to the website’s Rights and Responsibilities. If we suspect that you have misrepresented your age, your account may be suspended.
1.6 If you are under sixteen (16) years old, you must appoint a chaperone who is your legal guardian. The chaperone will have unrestricted access to your account. Your access and visibility on the website will be restricted in accordance with the Account Restrictions for Minors.
2. Nature of the Website
2.1 The website provides software as a service (SaaS) for individuals and organisations, including identity services, communication tools, and content‑hosting features.
3. Registering on the Website
3.1 To use the website’s facilities and services, you must first register. The registration procedure is described on the website.
3.2 When registering, you must provide certain personal information. Please see section 4 and our privacy policy for details.
3.3 When you register, we will create an account for your exclusive use. You must not allow others to use your account.
3.4 You must choose a password and keep it confidential. You must notify us immediately if you suspect unauthorised access.
3.5 If you act as a chaperone for a minor, you confirm you are their legal guardian and will monitor their activity for safety.
4. Information You Provide
4.1 The following applies to any information you provide to us:
(a) You authorise us to use, store and process your personal information as necessary to provide the website’s services. We may use carefully selected third‑party processors located in the UK, EEA or other countries. Where data is transferred outside the UK or EEA, we ensure appropriate safeguards such as adequacy regulations or Standard Contractual Clauses.
(b) We may collect information about how you interact with the website, including log data, device information and usage patterns. We may retain communications you send to us for support, security and compliance purposes. These purposes, together with those in our privacy policy, are referred to as “the Purposes”.
(c) You must ensure that all personal information you provide is accurate and complete. You must not impersonate another person or use information you are not entitled to use.
(d) You may use an alias for your public profile, but you must provide your legal name in the “Other names” section for account integrity, safety and compliance. Your legal name is not displayed publicly.
4.2 By accepting these terms, you agree to the processing of your personal information for the Purposes.
4.3 You may review or modify your personal information at any time via the “Account” page.
5. Modifications to the Website
5.1 We may change, suspend or discontinue any aspect of the website or its services. Unless stated otherwise, new features are subject to these terms.
6. Buying and Selling Through the Website
6.1 If you buy or sell merchandise or services through the website, you agree to the SilverLining Terms and Conditions in addition to these terms.
7. Usage of the Website
7.1 You must not use the website for illegal or prohibited purposes. Breach of these terms may result in immediate termination of access.
7.2 You must not interfere with the proper operation of the website, including attempting to bypass security or disrupt systems.
7.3 You must not:
7.3.1 Use the website for fraudulent or unlawful activity.
7.3.2 Send or post illegal, offensive, defamatory, obscene or harmful material, or material that infringes rights or contains viruses or spam.
7.3.3 Cause annoyance, inconvenience or needless anxiety.
7.4 You must adhere to the Rights and Responsibilities. Failure to do so may result in suspension.
7.5 You may not transfer your account without our consent.
8. Security
8.1 You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorised access.
9. Website Content
9.1 Content provided by third parties or users is not endorsed by us. We accept no responsibility for such content to the extent permitted by law.
9.2 We make no representation that the website is appropriate outside the UK. Users accessing from other jurisdictions do so at their own risk.
10. Copyright and Use of the Website
10.1 The website, its source code and design are protected by copyright and intellectual property laws. All trademarks belong to their respective owners.
10.2 You own the content you post and may control how it is shared.
10.3 Where your content is protected by intellectual property rights, you:
10.3.1 Confirm you own or have permission to post it.
10.3.2 Permit us to distribute it according to your privacy settings.
10.3.3 Grant us a non‑exclusive, transferable, sub‑licensable, royalty‑free, worldwide licence to use publicly available content until you delete it.
10.3.4 Grant permitted viewers a non‑exclusive, royalty‑free licence for personal use, unless restricted by customer privileges.
10.4 Deleted content may persist temporarily in backups.
10.5 Public content may be accessed by anyone, including outside Datawing.
10.6 Applications accessing your content must respect your privacy settings.
10.7 You must not systematically extract or reuse substantial parts of the website.
11. Linked Sites
11.1 We are not responsible for external websites linked to or from our website.
12. Availability
12.1 We aim to keep the website available but cannot guarantee uninterrupted or error‑free operation.
13. Indemnity and Release
13.1 If you use the website on behalf of an organisation, that organisation agrees to indemnify us against claims arising from its use. This does not apply to individual users.
13.2 If you have a dispute with another user, you release us from claims arising from that dispute to the extent permitted by law.
14. Liability
14.1 To the maximum extent permitted by law, we exclude all implied warranties. We are not liable for indirect or consequential losses.
14.2 Some jurisdictions do not allow such exclusions; these may not apply to you.
14.3 If you use the website on behalf of an organisation, our total liability is limited to twice the amount paid by that organisation in the previous twelve months. This does not apply to individual users.
14.4 You are responsible for ensuring your system is compatible with the website.
14.5 These limitations do not affect your statutory rights.
15. No Agency
14.1 Nothing in these terms creates an agency, partnership or employment relationship.
16. General
16.1 We may assign our rights and obligations under these terms, provided your rights are not materially reduced. Organisations may not assign their rights without our written consent. Individuals may not transfer their accounts.
16.2 We may update these terms. Material changes will be notified where reasonably possible. Continued use constitutes acceptance.
16.3 These terms, the Privacy Policy, Rights and Responsibilities, Account Restrictions for Minors and any supplementary terms form the entire agreement.
16.4 If you use the website on behalf of an organisation, that organisation acknowledges it has not relied on statements not expressly included in these terms. We are not liable for negligent misrepresentation to organisations. This does not affect individual users’ consumer rights.
16.5 If any term is found invalid, it shall be removed without affecting the remainder.
16.6 Neither party is liable for failure to perform due to events beyond reasonable control.
16.7 Failure to enforce a right does not constitute a waiver.
16.8 These terms do not confer rights on third parties.
16.9 These terms are governed by English law.
17. Notices
17.1 Notices to us must be sent to admin@datawing.com or 85 Church Road, Hove, East Sussex, BN3 2BB. Notices to you will be sent to the contact details in your account.
18. Patents
18.1 One or more patents may apply to the website and its features.
19. Replacement
19.1 These terms replace all previous terms applicable to the website.
DATAWING COMMERCIAL TERMS (ORGANISATIONS ONLY)
1. Scope
1.1 These Commercial Terms apply only to organisations that purchase or use paid services, subscriptions or enterprise features of the Datawing platform.
2. Subscriptions
2.1 Subscriptions are billed according to the plan selected by the organisation.
2.2 Subscription terms, renewal periods and usage limits are defined at the point of purchase.
2.3 Subscriptions automatically renew unless cancelled before the renewal date.
3. Fees and Payment
3.1 Fees must be paid in accordance with the billing schedule.
3.2 Failure to pay may result in suspension of services.
3.3 We may adjust pricing with reasonable notice.
4. Usage Limits
4.1 If usage exceeds plan limits, additional charges may apply or services may be restricted.
5. Data Processing
5.1 When processing personal data on behalf of an organisation, we act as a processor. A Data Processing Agreement (DPA) applies.
6. Liability
6.1 Our liability to organisations is limited as set out in the General Terms.
7. Termination
7.1 Either party may terminate for material breach.
7.2 Upon termination, access to paid features will cease.
8. Assignment
8.1 Organisations may not assign these Commercial Terms without our written consent.
9. Entire Agreement
9.1 These Commercial Terms form part of the overall agreement between the organisation and Datawing.
DATAWING DATA PROCESSING AGREEMENT (DPA)
This Data Processing Agreement (“DPA”) forms part of the agreement between Datawing Limited (“the Processor”, “we”, “us”, “our”) and any organisation that uses Datawing services (“the Controller”, “you”, “your”) where we process Personal Data on your behalf.
This DPA applies only where Datawing processes Personal Data as a Processor under UK GDPR.
1. Definitions
1.1 “Personal Data”, “Data Subject”, “Processing”, “Controller”, “Processor”, “Sub‑processor” and “Supervisory Authority” have the meanings given in UK GDPR.
1.2 “Services” means the Datawing platform and any related services provided to the Controller.
1.3 “Organisation Users” means individuals whose Personal Data is processed by Datawing on behalf of the Controller, including employees, members, customers, associates or minors under chaperone supervision.
2. Scope of Processing
2.1 The Processor will process Personal Data only for the purpose of providing the Services to the Controller.
2.2 The duration of processing is the duration of the Controller’s use of the Services, plus any retention period permitted under the General Terms.
3. Nature and Purpose of Processing
3.1 The Processor may process Personal Data for the following purposes:
a. Identity and authentication services
b. Account creation and management
c. Hosting and storage of content, messages, files and profile data
d. Managing organisational associations and permissions
e. Providing communication, collaboration and directory features
f. Logging, security monitoring and fraud prevention
g. Providing support and resolving technical issues
4. Categories of Data Subjects
4.1 The Personal Data processed may relate to the following categories of Data Subjects:
a. Employees, contractors and associates of the Controller
b. Customers, members or end‑users of the Controller
c. Minors authorised by the Controller and their chaperones
d. Any individual whose data the Controller uploads or processes through the Services
5. Types of Personal Data
5.1 The Personal Data processed may include:
a. Names, aliases and legal names
b. Email addresses and contact details
c. Authentication data and identifiers
d. Profile information
e. Content posted or uploaded by Organisation Users
f. Logs, metadata and usage information
g. Relationship and organisational association data
6. Controller Responsibilities
6.1 The Controller is responsible for ensuring that:
a. It has a lawful basis for all Personal Data processed through the Services
b. It provides appropriate privacy notices to Data Subjects
c. It obtains parental or guardian consent where required
d. It does not upload or process Personal Data in violation of law
7. Processor Obligations
7.1 The Processor shall:
a. Process Personal Data only on documented instructions from the Controller
b. Ensure persons authorised to process Personal Data are bound by confidentiality
c. Implement appropriate technical and organisational security measures
d. Assist the Controller in responding to Data Subject rights requests
e. Assist the Controller with data protection impact assessments where relevant
f. Notify the Controller without undue delay of any Personal Data breach
g. Delete or return Personal Data upon termination, subject to legal retention requirements
8. Sub‑processors
8.1 The Controller authorises the Processor to engage Sub‑processors necessary for the provision of the Services.
8.2 Current Sub‑processors include:
a. Microsoft Azure – hosting, compute, storage
b. Google Cloud Platform – hosting, compute, analytics
c. Stripe – payment processing
8.3 The Processor will ensure Sub‑processors are bound by written agreements imposing obligations equivalent to this DPA.
8.4 The Processor will notify the Controller of any intended changes to Sub‑processors, giving the Controller the opportunity to object on reasonable grounds.
9. International Transfers
9.1 Where Personal Data is transferred outside the UK or EEA, the Processor shall ensure appropriate safeguards are in place, such as adequacy regulations or Standard Contractual Clauses.
10. Security Measures
10.1 The Processor shall implement appropriate technical and organisational measures, including:
a. Encryption in transit and at rest
b. Access controls and authentication safeguards
c. Logging and monitoring
d. Regular security testing
e. Data segregation in multi‑tenant environments
f. Backup and disaster recovery procedures
11. Data Subject Rights
11.1 The Processor shall assist the Controller in fulfilling Data Subject rights requests, including access, rectification, erasure, restriction, objection and portability.
12. Personal Data Breaches
12.1 The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data breach.
12.2 The Processor will provide sufficient information to enable the Controller to meet its legal obligations.
13. Return or Deletion of Data
13.1 Upon termination of the Services, the Processor shall, at the Controller’s choice, delete or return all Personal Data, unless retention is required by law.
13.2 Personal Data may remain in backups for a limited period consistent with the Processor’s data retention policies.
14. Audits
14.1 The Controller may request information necessary to demonstrate compliance with this DPA.
14.2 On reasonable notice, the Controller may conduct audits, provided such audits do not disrupt the Processor’s operations and are limited to once per year unless required by law.
15. Liability
15.1 The Processor’s liability under this DPA is subject to the limitations set out in the Commercial Terms.
16. Governing Law
16.1 This DPA is governed by the laws of England and Wales.
17. Conflict
17.1 In the event of conflict between this DPA and the Commercial Terms, this DPA shall prevail to the extent required by UK GDPR.