Terms of Service
Version 2.2, 4-April-2020
Thanks for using GardenMap. GardenMap is a service provided by Skyber - Smart Solutions Ltd (“GardenMap”, “we” or “us”), a limited company (UK reg # 09354010) registered at Trenedden Barn, Lansallos, Looe, Cornwall, PL13 2QE, UK.
These GardenMap Terms of Service (which we refer to as the “Terms”) cover your use of and access to GardenMap and your content in GardenMap.
Your use of GardenMap requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use GardenMap.
Your use of GardenMap
Age Restrictions. In order to use GardenMap you must be 13 years of age or older.
Your Conduct. Don’t misuse GardenMap. You are responsible for your conduct and your content stored in GardenMap. We may review your conduct and content in GardenMap for compliance with the Terms.
Your Content. GardenMap allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through GardenMap, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to GardenMap.
You agree that when you upload, submit, store, send or receive content to or through GardenMap the content is not:
- false or misleading;
- any information likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
- an infringement of the intellectual property (including copyright), publicity or privacy rights of any third party or otherwise violate such third party's rights;
- information that you are not legally entitled to distribute (such as insider information or confidential information);
- any unsolicited or unauthorised advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; and
- software virus or any other technology that may harm the Services, or the interests or property of our Services or the other users of the Services.
GardenMap welcomes the opportunity to be notified of any objectionable or unauthorized use of Content, and users, rights holders and licensees are invited to inform us of any potential violations by contacting us.
Sharing. Sharing settings in GardenMap allow you to control what others can do with your content in GardenMap. By default you are the owner, and sole editor and viewer of content you create or upload to GardenMap. You can choose to share your content and can transfer control of your content to other users.
Service access. You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.
Client Software. GardenMap includes downloadable client software (“Software”). This Software may update automatically on your device once a new version or feature is available. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by us as part of GardenMap. This license is for the sole purpose of enabling you to use and enjoy the benefit of GardenMap as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of GardenMap or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating GardenMap
Changes to GardenMap. We are constantly changing and improving GardenMap. We may make performance or security improvements, change functionalities or features, or make changes to comply with law or to prevent illegal activities on, or abuse of, our systems. We will provide notice of material changes to GardenMap that we reasonably believe will adversely impact your use of GardenMap. However, there are times when we will need to make changes to GardenMap without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.
Suspension and Termination. You can stop using GardenMap at any time. We may suspend or permanently disable your access to GardenMap if you materially or repeatedly violate our Terms.
Discontinuation of GardenMap. If we decide to discontinue GardenMap, we will give you at least 60 days’ prior notice. During this notice period, you will have the opportunity to take your content out of GardenMap. After the end of this 60 day period you will not be able to access your content. We believe that you own your content and preserving your access to such content is important. For instructions on how to download your content, please visit our support page.
iOS GardenMap App
If you choose to purchase in-app subscription services, you must provide information about your preferred payment method. If you paid through the iTunes store, you may change your payment method through the corresponding store account. All purchases are final and no refunds or credits will be provided. Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. The subscription fees will auto-renew until they are downgraded or terminated.
Your fees will be the same as your initial charges unless you are otherwise notified in advance.
You authorise Apple to charge your payment method for the appropriate fees and for any other purchases you make via the App.
You may cancel your subscriptions by visiting the subscription management options within iOS. The cancellation of a membership will go into effect at the end of your current billing cycle and you will have the same level of access to the App through the remainder of the billing cycle. When your subscription ends, your account will return to free ‘Garden Explorer’ mode. You can renew your subscription at any time.
Users that downloaded the free version of a subscription using a redeemable code will not automatically be charged for a new subscription and will have the option to purchase a subscription at the end of the free period.
Our Warranties and Disclaimers
We provide GardenMap using a reasonable level of skill and care and we hope that you will enjoy using GardenMap. But there are certain things that we don’t promise about GardenMap. Other than as expressly stated, we don’t make any commitments about the specific functionality available through GardenMap, its reliability, availability, or ability to meet your needs.
Liability and indemnity
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
The total liability of GardenMap, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supplying you the services again).
GardenMap, including its partners, affiliates, contractors, officers, directors, employees, and agents, shall not be liable for any loss of profit, loss of data or any other indirect damages in connection with the Services or otherwise under these Terms.
You agree to indemnify and hold GardenMap, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms.
As a consumer you have special rights under mandatory consumer laws and regulations. We do not intend to limit or alter such rights under these Terms. Further we do not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
Laws Governing the Terms
The laws of the United Kingdom will apply to any disputes arising out of or relating to these Terms or GardenMap. We both agree that the courts of the United Kingdom shall have non-exclusive jurisdiction to settle any disputes arising out of or relating to these Terms or GardenMap.
About these Terms
These Terms represent the entire agreement between you and GardenMap relating our Services, and replaces all earlier agreements and understandings between you and us.
We may modify these Terms at any time. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. If you do not agree to the modified terms you should discontinue your use of GardenMap.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Version 2.0, 31-Jul-2019
At Skyber we work hard to provide a really good service - looking after the personal data you share with us is an important part of this. We want you to be confident that your data is safe and secure with us, and understand how we use it to offer you a better service.
What this policy covers
The Data Controller is Skyber - Smart Solutions Ltd (collectively referred to as “we” or “us” in this Policy). The “services” that we offer are: Use of the website (skyber.co.uk), and our GardenMap product (www.gardenmap.com).
- sets out the types of personal data that we collect.
- explains how and why we collect and use your personal data.
- explains when and why we will share personal data with other organisations.
- explains the rights and choices you have when it comes to your personal data.
We offer different products and services, so we want you to be clear about what the Policy covers.
Using our Services (referred to in this Policy as “our Services”) means:
- Use of the websites (“our Website”) - skyber.co.uk
- Use of the mobile applications (“our Mobile Apps”), and their websites:
- GardenMap (where this policy is posted) - gardenmap.com
This Policy also applies if you contact us or we contact you about our Services.
Personal data we collect
|When you register for our Services, you may provide us with:|
|When you browse our Website or use our Mobile Apps and their websites, we may collect:|
|When you add a garden to GardenMap:|
|When you contact us or we contact you or you take part in, surveys or questionnaires in relation to our Services, we may collect:|
Other sources of personal data
We will also receive your personal data from any friend of yours who shares our services with you.
How and why do we use personal data
|We use personal data to:|
|We use personal data to:||This means that processing your personal data allows us to||Do we have to process your personal data in this way?|
|Make our services available to you:||Manage the accounts you hold with us.||We need to process your personal data so that we can manage your customer accounts, provide you with the services you want to subscribe to.|
|Help to develop and improve our product range, services, stores, information technology systems, know-how and the way we communicate with you||We rely on the use of personal data to carry out market research and internal research and development, and to improve our information technology systems(including security) and our services.|
|Personalise your experience of our services:||Provide you with relevant marketing communications (by email), relating to our services. We may measure the effectiveness of our marketing communications.||We want to ensure that we provide you with marketing communications, that are relevant to you. To achieve this we measure your responses to marketing communications relating to your services we offer, which means we can offer you services that better meet your needs as a customer.|
|Provide you with any additional support requirements to help you manage your account with us.||Collecting this information allows us to provide you with additional support requirements.|
|Contact and interact with you:||Contact you about our Services, for example by phone, or email or responding to social media posts that you have directed at us.||We want to serve you better as a customer so we use personal data to provide clarification or assistance in response to your communications.|
|Invite you to participate in and manage customer surveys, questionnaires and other market research activities.||We carry out market research to improve our Services. However, if we contact you about this, you do not have to take part in the activities. If you tell us that you do not want us to contact you for market research, we will respect this choice.|
|We will also receive your personal data from any friend of yours who shares our services with you.||We carry out market research to improve our Services. However, if we contact you about this, you do not have to take part in the activities. If you tell us that you do not want us to contact you for market research, we will respect this choice.|
Sharing personal data with Service Providers
When we share personal data with these companies we require them to keep it safe, and they must not use your personal data for their own marketing purposes.
|Service Providers||We work with carefully selected Service Providers that carry out certain functions on our behalf. These include, for example, cloud data storage services. We only share personal data that enable our Service Providers to provide their services.|
Sharing personal data with other organisations
We may share personal data with other organisations in the following circumstances:
- if the law or a public authority says we must share the personal data.
- if we need to share personal data in order to establish, exercise or defend our legal rights (this includes providing personal data to others for the purposes of preventing fraud and reducing credit risk).
- to an organisation we sell or transfer (or enter into negotiations to sell or transfer) any of our businesses or any of our rights or obligations under any agreement we may have with you to. If the transfer or sale goes ahead, the organisation receiving your personal data can use your personal data in the same way as us.
- to any other successors in title to our business.
How we protect personal data
We use computer safeguards such as firewalls and data encryption, and use secure storage for your data.
- We protect the security of your information while it is being transmitted by encrypting it using Secure Sockets Layer (SSL).
- We use cloud data storage services wherever possible to secure your information.
However, whilst we take appropriate technical and organisational measures to safeguard your personal data, please note that we cannot guarantee the security of any personal data that you transfer over the internet to us.
The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by companies operating outside the EEA who work for us or for one of our service providers. If we do this we ensure that your privacy rights are respected in line with this Policy.
How long we keep personal data for
We will not keep your personal data longer than we need to, how long this is depend on several factors, including:
- Why we collected it in the first place;
- How old it is;
- Whether there is a legal/regulatory reason for us to keep it;
- Whether we need it to protect you or us.
Cookies and similar technologies
Cookies are small data files that allow a website to collect and store a range of data on your desktop computer, laptop or mobile device.
Subject access rights
You have a right to see the personal data we hold about you. This is called a Subject Access Request.
If you would like a copy of the personal data we hold about you, please contact us.
Other data protection rights
In relation to your personal data, you also have the right to:
- In some circumstances, to receive some of your information in a useable format and/or request we transmit that data to a third party where this is technically feasible – this is called data portability. Please note that this right only applies to information which you have provided to us.
- Ask that we update your information if it is inaccurate or incomplete.
- Ask that we erase your information in certain circumstances. Please note that there may be circumstances where you ask us to restrict the processing of your information, but we are legally entitled to refuse the request.
- The right to make a complaint with the Information Commissioner www.ico.org.uk if you think that any of your rights have been infringed.
The ICO website www.ico.org.uk contains more detail on the data protection rights mentioned above. Or if you would like to speak to us about these rights in more detail, please contact us.
How to contact us
If you have any questions about how we collect, store and use personal data please contact us:
Email: Contact Us
Mail: Data Protection Officer, Skyber - Smart Solutions Ltd, Trenedden Barn, Lansallos, Looe PL13 2QE, UK
Changes to this policy
We reserve the right to change this policy at any time, so please check back regularly to keep informed of updates to this policy. We will notify you of any changes by updates to this page.