Terms & Conditions

Acticheck Ltd

The terms & conditions of use which relate to services provided by Acticheck are as follows:

• Terms & conditions for the Acticheck life-saving wristband™  & associated services
• Privacy and General Data Protection (GDPR) policy
• Cookie policy

Terms & conditions for the Acticheck life-saving wristband™ & associated services

These Terms & Conditions (‘Terms’) tell you the terms of use with respect to our website ‘www.acticheck.com’ (‘Our site’) and related services that are operated by or on behalf of Acticheck Ltd, of 7 The Butts Business Centre, Butts Lane, Fowlmere SG8 7SL. Company Number 08852416, (‘Acticheck’ or collectively ”We” or “Us”). These Terms set out how you may use the Acticheck life-saving wristband and associated services, and any additional features and services offered. The Acticheck life-saving wristband and associated services may not be available in some languages or countries. Additional terms may apply if you make a purchase of the Acticheck life-saving wristband in particular features or promotions.

1. Agreeing with Terms & Conditions
   By using Our Site and the Acticheck hardware and/or myacticheck.com and associated services you agree to be bound by these Terms and any amended or additional terms that we may publish from time to time (as detailed on Our Site as necessary). If Purchasing the Acticheck hardware and / or using myacticheck.com and / or associated services for use by another person or entity, it is incumbent upon the purchaser to ensure that the end User is aware of the obligations and requirements contained herein and by passing on the product, so too are the requirements and obligations contained herein passed on. If you do not agree to be bound by these terms you are not permitted to use Our Site and the Acticheck life-saving wristband or associated services.
2. Scope of these Terms
   These Terms apply to your use of Our Site and the Acticheck life-saving wristband and / or myacticheck.com and associated services, including any additional content that we make available from time to time as part of the Acticheck life-saving wristband and associated services.
3. Changes to these Terms
   We may amend or add to these Terms at any time, by publishing the amendments on the relevant area of Acticheck.com together with the date from which the changes will be effective. If you use the Acticheck life-saving wristband and associated services after the date the change becomes effective, you will be deemed to consent to the changed terms. If you do not agree to the changes, you must stop using the Acticheck life-saving wristband and associated services.
4. Validity of these Terms
   These Terms are valid when the User is using the systems and equipment related to the Acticheck life-saving wristband with the sole aim of setting up, maintaining and operating a personal monitoring and alert network. Any attempt which is deemed to be using the system for other purposes, or none, shall invalidate these Terms. In these circumstances it is at the discretion of Acticheck whether to cancel your User account.
5. Definitions
   Throughout these Terms certain wording has meaning as follows:

   Subjects/People
   ADMINISTRATOR means someone who has administration rights for a WEARER
   RESPONDER means someone who responds to a WEARER alert
   USER means anyone who uses the Acticheck system
   WEARER means someone who wears a band

   Systems/equipment
   ACTICHECK SYSTEM™ means a combination of hardware and software that together delivers the personal monitoring and alert system
   DATABASE means the system comprising the database, communications and system logic
   MYACTICHECK.COM means the User portal /control panel giving access to the Database and relationship management controls
   PUCK means the encapsulated electronic device, which communicates with the database (via internet connection)

   Events
   ALERT means the Responders are contacted in sequence with a voice call until one accepts responsibility
   INCIDENT means the band, base or smartphone tells the database that a change in status of one of the measured parameters has been detected
   NOTIFICATION means the method in which the database communicates with Responders/Administrators following an incident

   Checks/Data
   SNAPSHOT REPORT means information regarding recent movement of the band, temperature, battery level and capacitive reading, which is sent to the database at a set interval.
   I’m OK CHECK means a sequence that is run at User defined times requiring confirmation of wellbeing by a button press. This can be used as a medicine reminder.

6. Purpose and use of the Acticheck life-saving wristband and /or myacticheck.com and associated services
   The Acticheck life-saving wristband and / or myacticheck.com and associated services are to be used as an aid to personal wellbeing, however we accept no responsibility for the health and safety of any User of the Acticheck life-saving wristband and associated services. The Acticheck life-saving wristband and / or myacticheck.com and associated Services are sold by Us solely for the usages and applications identified by Acticheck and the Acticheck life-saving wristband and / or myacticheck.com are offered for sale or are sold solely as fit for these purposes and usages and applications.
7. Service period of the Acticheck life-saving wristband
   a. Purchases of full systems or pucks include an agreement for a period of one year of typical use (please see sections 8 and 17). With the Yearly Plan this is included in the purchase price and in the Monthly Plan this consists of the purchase price and 11 following monthly payments. The service period starts when the Puck is first activated at myacticheck.comb. Continuing subscriptions. At the end of the initial service period a renewed or ongoing subscription will be required to continue using the service. Where a Direct Debit, or other form of recurring payment, has been arranged this will be automatic. Where no recurring payment is in place We will contact the Wearer and/or Administrator(s) towards the end of the service period to inform them of renewal options.c. The Yearly Plan includes a new replacement puck at the beginning of each new subscription. With the Monthly Plan We will monitor the battery function and send out a replacement puck as is needed to ensure continuous service. This is expected to be less frequently than once a year.d. Online User accounts, for Wearers or for Responders and Administrators use to manage their relationships, are free of charge. It is also possible for Responders to be nominated who do not set up an online User account (i.e. phone only). User accounts are not time limited.

   e. The Monthly plan is paid in arrears commencing 30 days after delivery.

   f. The Monthly plan can be cancelled by sending notification to support@acticheck.com. Once the initial agreement period is completed the current month will be due but the service and payment for the following month, and all further months, will be cancelled.
   Cancelled equipment/accounts can be reactivated upon a further monthly payment plan being put in place.

   g. Swapping from a Yearly plan to a Monthly plan commences at the end of the Yearly Plan period subject to a recurring payment arrangement being in place. This can be arranged by notifying support@acticheck.com.

8. Typical service
   Typical service is deemed to be an I’m OK check once a day and no more than three alerts a week and with a snapshot reporting no more frequently than once every 15 minutes. Exceeding this will compromise the battery life and reduce the service period. When such a change is requested, such as additional I’m OK checks, we will ask for your consent to reduce the remaining service period before implementing the request.
9. Registering for a User account
   In order to register for an account you must: (i) be at least 18 years of age; (ii) provide us with certain information about yourself. The information required may depend on which Acticheck life-saving wristband and associated services you wish to use. You may need to accept other terms of use and provide additional information in order to use your Acticheck Account with other Acticheck and associated services.
10. Validating contact information
    Acticheck has a responsibility to ensure only people or organisations agreeing to be on a User’s Responder list will be called in the event of an alert.a. Every new Responder linked to an account will be asked to agree to the relationship and will also have any linked telephone numbers validated via a text message or voice-callb. E-mail addresses will also be validatedc. We will send daily e-mail updates of changes and responses to invitations to each User who is linked and recorded as an Administrator

    d. We may send out occasional reminders to all Users asking whether the contact information has changed.

11. Responsibility for maintaining contact information
    You bear full responsibility for ensuring your Acticheck account details remain up to date. Failure to provide correct information when registering an account or to ensure your information remains up to date may lead to Us suspending or terminating your Acticheck Account. In addition, you are responsible for all activities that occur on your account. If you suspect the security for your Acticheck account has been breached you should let Us know as soon possible by contacting the Acticheck Customer Service Team.
12. Data security and use 
    We ask for and hold information that is vital to the running of your account and take the security of your data very seriously. This information shall be transmitted and held in accordance with our Privacy Policy and the Data Protection Act 1998 using the highest levels of system architecture security and encryption which are consistent with the needs of the system. Additionally We hold data reported from your band which may be used anonymously for research to improve the performance of the system and public healthcare. Within the database, there are certain elements that are encrypted or hashed where appropriate. On a location (address, entered by the user) A User can enter into the database instructions (such as a keysafe number or name of a keyholder) that may need to be given to a Responder for access to their house. A user cannot read the access instructions from the portal, they can only be overwritten. They can only be recovered when a User physically presses the button on their band in proximity to their base. If the database was compromised, this data would be safe as it would not be possible to decrypt the data without the passkey being initiated from the band and base combined. The link between the band and the biometric data itself is also encrypted. This is encrypted using a system wide key. This ensures that if the database was compromised, then it would not be possible to determine whether a user was at home/not at home or view other personal data about that user connected with the band. The data itself holds nothing that could identify the user.
13. Data use with external service providers
    For the effective operation of the system We may need to allow access to data to third party partners, such as customer care centres. We will always ensure that such parties have access only to the information necessary for the effective operation of the service they are providing and that such information can only be accessed using access information from Administrators. These third party partners will also strictly adhere to the Data Protection laws.
14. Your responsibility to keep data secure
    You must not allow anyone else to use your log-in details or give them to anyone else. If you are an Administrator for anyone else you must log-out whenever others may have access to your account. If others gain access to confidential information through you not adhering to the above, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result. You must contact Acticheck Customer Service Team immediately if you suspect misuse of your Acticheck Account or any security breach in the Acticheck life-saving wristband and associated services.
15. Communicating Alerts and Notifications
    In the event of an Alert We will use all reasonable endeavours to invite Responders, who are available at that time and in priority order, to respond to an Alert. Users (and their Administrators) are responsible for ensuring that there is adequate cover to ensure response. Acticheck is not responsible for failure of Responders, individually or as a group, to respond to an alert.
16. Receiving Alerts and Notifications
    By agreeing to receive Alerts on behalf of a Wearer you agree that We can call you, within the hours you have set, should the need arise. Additionally you have agreed that we can text (SMS) or e-mail you according to your expressed preferences for any communications which enable the more effective operation of the Acticheck life-saving wristband system and the personal network of those you are linked to. These texts and/or e-mails will be within the hours that you have agreed to accept calls.
17. Fair use policy
    We will provide 350 texts and calls (combined total) for each year of use. In the unlikely event of exhausting the fair use allowance, additional bundles can be purchased from Us.
18. Complying with local regulations
    The User has full responsibility for complying with any local regulations, laws and bylaws that require the Radio Frequency broadcasting to be turned off. By operating the Acticheck life-saving wristband the User agrees that they have familiarised themselves with the process of putting the Acticheck life-saving wristband  into ‘Airplane mode’ where it will not transmit and with bringing it out of airplane mode to reconnect it.
19. Purchase of Products and Services that Require Payment
    a. the Acticheck life-saving wristband and associated services detail products we may have available for you to purchase. However, please note that the images of the products of the Acticheck life-saving wristband and associated services are for illustrative purposes only, colours and packaging may vary.b. Our order process is designed to allow you to be clear on the Acticheck life-saving wristband and exactly what associated services you are ordering, it is your responsibility to ensure your order correctly reflects the Acticheck life-saving wristband and associated services you wish to purchase.c. We reserve the right to amend the prices of the Acticheck life-saving wristband and associated services and any orders that have not been dispatched may be subject to the amended prices. The prices quoted include standard delivery charges whilst any enhanced services will be offered at a premium.d. The prices shown for the Acticheck life-saving wristband and associated services include VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date on which you have paid for your Acticheck life-saving wristband and associated services in full your order will be subject to the adjusted rate of VAT. Certain Users may be able to claim exemption from VAT.
20. Payment
    a. You agree that Acticheck is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your Acticheck Account.b. Any attempt to defraud the Acticheck Service through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, and active pursuit of civil litigation and / or criminal prosecution. You must not make payments to us with money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you.
21. Delivery of Products and Services
    a. Any Acticheck product or service ordered by you that requires delivery will be dispatched via a reputable delivery partner subject to the initial payment, delivery charges and any VAT thereon having been received in full by Us. Please note that any dispatch estimates provided are not guaranteed dispatch times and should not be relied upon as such. We are not responsible for any delay in delivering your Acticheck life-saving wristband and associated services caused by issues outside of our control. As we process your order, we will inform you if any Products you order are presently unavailable.b. Acticheck is responsible for delivery to the address you supply to us. The Acticheck life-saving wristband System will be at your risk from the time of delivery and it is your responsibility to ensure that a responsible adult is able to accept receipt. We recommend that you arrange relevant insurance cover with a replacement value of at least £100.
22. Customer loss or damage
    a. Any loss or damage which is not the fault of Acticheck Ltd (i.e. if the Acticheck life-saving wristband System has been delivered in working order and has not failed during normal use) will be the responsibility of the User to replace.b. In the event of a failure, which is your responsibility, Acticheck will replace elements of the system at the following rates provided you call Acticheck Customer Services and report the need for replacement. The replaced elements will be deactivated as replacements are activated. The replacement cost may incorporate a charge for service that has been provided before the failure occurs at the following rates:
    • Replacement ‘ethernet only’ base is £110.00 exc.VAT (£132.00 inclusive)
    • Replacement ‘cellular enabled’ base is £135.00 exc.VAT (£162.00 inclusive)
    • Replacement strap (excluding puck) is £17.50 exc.VAT (£21.60 inclusive)
      (neither of these options affects your existing plan)
    • Replacement system is £160.00 exc.VAT (£192.00 inclusive)
    • Replacement puck is £60.00 exc.VAT (£72.00 inclusive)
      Initiation of a new puck or system will start a new plan period, This is included in the Monthly Plan subscription but not in Yearly Plan where used months will be billed at the rate of £7.00 exc. VAT (£8.40 inclusive) per month, or part thereof, used.

    Plus Postage and credit card fees at the prevailing rate.

23. Refunds and Cancellation
    A full refund will be given if you cancel your order prior to dispatch or return your Acticheck system in an undamaged state and in its original packaging within 30 days of submitting your order. If you have already received delivery of your Acticheck Devices you must return them to us at your own cost and risk, in its original packaging and with all documentation; your refund of the Acticheck devices will be processed once we have received the goods.
24. Faulty devices
    If you believe your Acticheck devices may be faulty please contact Acticheck Customer Service Team who will explore your experiences and arrange a replacement if there is a fault.
25. Right to Refuse Access and Termination
    We reserve the right to refuse to register or to terminate any Acticheck Account if any of the following occur:a. You have been found to have breached these Terms or any additional terms.b. You have been found to have infringed, or You are in Our view are likely to infringe any intellectual property rights.c. You have had your approval of use withdrawn at some point in the past (including the time when the application to open an Acticheck Account was made).

    d. You have included false or erroneous information (including spoofing) or omitted information in your application.

    e. You are found to be either underage, under guardianship, or someone unable to act on his own account who has not obtained the approval of the designated proxy or custodian in registering for an Acticheck Account.

    f. For any other reason we judge you to be unsuitable for holding a User account.

    Without prejudice to any other rights, even when an application has been approved, We reserve the right to (i) terminate agreement(s) with the relevant User(s) and/or (ii) close the account(s) of Users and/or (iii) withdraw approval from an applicant whose application is later found to correspond to any of the limitations described immediately above.

    Usage fees and all other liabilities paid or due in relation to your use of the Acticheck life-saving wristband and associated services, during the period of time between application and decision making by Acticheck to cancel the application for registration due to reasons itemized in the foregoing articles or for any other reason, shall be paid by you.

26. Your Obligations
    a. If you purchase the Acticheck life-saving wristband and associated services as an individual, you agree that the Acticheck life-saving wristband and associated services are only for personal use, and you will not use the Acticheck life-saving wristband and associated services, nor any content available on the Acticheck life-saving wristband and associated services, nor your Acticheck account, for any commercial purpose. If you are a business user, you agree that you will use the Acticheck life-saving wristband and associated services in line with our Commercial Terms & Conditions.b. You may be unable to use some of the Acticheck life-saving wristband and associated services outside the country associated with your account. As per Section 18, you must comply with the laws which apply to you in the location from which you access the Acticheck life-saving wristband and associated services. If any applicable laws restrict your usage of the Acticheck life-saving wristband or any associated services, you must comply to the full extent with the local laws and or regulations and Acticheck cannot and will not be liable for any resultant restrictions in the Acticheck life-saving wristband’s functionality nor services. Accordingly, We may monitor the location from which you appear to access the Acticheck life-saving wristband and associated services and may use techniques which are intended to block access from any location in which participation in the Acticheck life-saving wristband and associated services may be illegal or restricted as we may determine in our sole and absolute discretion from time to time.c. You may not sell, assign, or otherwise transfer your User account to another person.
27. Changes to Available Services and Products
    We continuously work to improve the Acticheck life-saving wristband and associated services and may change them at any time. Additionally, there are reasons why we may stop providing portions of the Acticheck life-saving wristband and associated services, including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may, among other things:a. restrict or limit access to the Acticheck life-saving wristband and associated services;b. retrieve information from any connected peripheral device used to log onto the Acticheck life-saving wristband and associated services as necessary to operate and protect their security and to enforce these Terms; andc. upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Acticheck life-saving wristband and associated services, or any hardware or software associated with them, from time to time without notice. We may do so by the automatic download of related software directly to device, including software that prevents you from accessing the Acticheck life-saving wristband and associated services or using unauthorised hardware peripheral devices.

    d. Any changes to the services or products will be notified in the ‘User Guide’, which is available at myacticheck.com. Changes which Acticheck consider significant will also be communicated to Users directly either in the next general credential and availability check or in a specific message.

28. Internet Access
    a. The management of the account is handled through myacticheck.com and is internet based. All Administrators of the account will need internet access. It is your responsibility to arrange the required internet access. You may incur charges related to Internet access, data transfer and other services per the terms of the data service plan and any other agreements you have with your network operator related to use of the Acticheck life-saving wristband and associated services. You are solely responsible for any network operator charges.b. the Acticheck system needs cloud connectivity, this variously can be via an internet router, a cellular base and / or a smartphone. You are responsible for ensuring the suitability, reliability and coverage of the Internet Service Provider and mobile network operator for the intended use. Though Acticheck has negotiated a multi-network cellular subscription you are responsible for ensuring that there is internet access for your intended location.c. Acticheck is not responsible for communication failures beyond its control though will inform Administrators of any failure.
29. Cost of internet access and data
    All day-to-day operating data costs will be borne by the User, other than where a cellular base is in operation in a territory for which it is approved.
    The background data used by the Acticheck system will typically be less than 5MB/month. However, by enabling mobile data on a smartphone the User may be vulnerable to far higher data usage and associated costs. When abroad (data roaming) this can lead to very high charges to the User for which Acticheck is not liable.
30. Service Availability
    We and our affiliates, re-sellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the services.a. You understand that use of the Acticheck life-saving wristband and associated services is at your own risk and that we provide the services on an “as is” basis “with all faults” and “as available.”b. We do not guarantee the accuracy or timeliness of information available from the Acticheck life-saving wristband and associated services.c. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this agreement is intended to affect those rights, if they are applicable.

    d. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss will not occur.

31. Liability Limitation
    a. You agree that your use of the Acticheck life-saving wristband and associated services is at your sole risk.b. You can recover from us for all successful claims only direct damages up to a total amount equal to the fees you paid for your Acticheck life-saving wristband and associated services. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits for which we shall have no liability. This limitation applies to anything related to this agreement, for example:i. the Acticheck life-saving wristband and associated services;
    ii. loss of data;
    iii. your content, third party content (including code), third party programs, or third party conduct;
    iv. viruses or other disabling features that affect your access to or use of the Acticheck life-saving wristbandand associated services;
    v. incompatibility between the Acticheck life-saving wristband and associated services and other services, software, or hardware;
    vi. delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Acticheck life-saving wristband or Services in an accurate or timely manner; and
    vii. claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; omission; strict liability; negligence; or other tort.
32. Force Majeure
    You agree that We are not responsible in any way for any problems with the Acticheck life-saving wristband and associated services that are caused by a matter beyond Our control, including but not limited to internet failures, equipment failures, power failures, severe weather, industrial disputes and sabotage, civil unrest, conflicts.
33. Statutory rights
    Nothing in these terms will affect the statutory rights of any consumer. Nothing in these terms will exclude or restrict liability for death or personal injury arising from our negligence, fraud, gross negligence or wilful intent.
34. Intellectual Property
    a. We are the owner or the license of all of the intellectual property rights in our site, Acticheck life-saving wristband and associated services.b. You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sub-license, distribute, or use for other purposes any intellectual property rights contained within the Acticheck life-saving wristband and associated services, any game, application, or other content available or accessible through the Services, or any hardware associated with the Acticheck life-saving wristband and associated services. If you do so, we may cancel your account and your ability to access the Acticheck life-saving wristband and associated services, and We retain the right to pursue other legal remedies. We may take any legal action we deem appropriate against Users who violate our systems or network security, this contract or any additional terms incorporated or referenced in this contract. Such Users may also incur criminal or civil liability.c. Any software or content (e.g., text, images, video, graphics, music, sound, or games) (for purposes of this section, we refer to all of these, as applicable, as “Software”) that Acticheck provides as part of the Acticheck life-saving wristband and associated services are licensed and not sold. The license is according to these Terms unless separate license terms are provided or referenced. We may also automatically download upgrades to the Software to update, enhance, and further develop the Acticheck life-saving wristband and associated services. We reserve all other rights not expressly granted in this contract. The Software license ends when your Acticheck life-saving wristband and associated services end unless we notify you otherwise. You must not work around any technical limitations in the Software.
35. Warranties
    a. We shall use reasonable skill and care in the provision of the Acticheck life-saving wristband and associated services and shall perform them in accordance with all applicable legislation, and in all material respects any UK codes of practice relevant to their provision, including without limitation, the code of practice for the use of passive location services in the UK.b. No warranty is made regarding the results of usage of the Acticheck life-saving wristband and associated services or that they will meet the User’s requirements or that the Acticheck life-saving wristband and associated services will operate uninterrupted or error-free.c. Acticheck warrants that upon delivery and for a period of 12 months from the date of delivery, the Acticheck Device will be free from defects in materials and workmanship.d. The Acticheck life-saving wristband is water resistant to ISO 2281. This means it is suitable for day to day wear including showering, bathing and surface swimming. If the User has not tampered with or otherwise damaged the puck any failure caused by water ingress shall be deemed a defective device.

    e. Acticheck shall not be liable for a breach of this warranty unless: (a) You give written notice of the defect to Acticheck within 14 days of the time when you discover or ought to have discovered the defect; and (b) Acticheck is given a reasonable opportunity after receiving the notice of examining such Device and you (if asked to do so by Acticheck) return such device to Acticheck at your cost for examination to take place there.

    f. If any Device does not comply with the warranty set out above (“Defective Device”), then, subject to clauses below, Acticheck shall at its cost, expense and discretion use all reasonable endeavours either to repair or replace the Defective Device within 10 working days of receipt of the Defective Device.

    g. Subject to payment by you of Acticheck’s charges in force from time to time for accelerated replacement Acticheck shall at your request replace any Defective Device within 72 working hours of receipt of the Defective Device by Acticheck.

    h. Acticheck shall not be liable for a breach of the warranty above:

    i. to the extent that it is attributable to further use of such Device after giving the written notice referred to above;
    ii. if the defect arises because the User failed to follow Acticheck ’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Device;
    iii. that is attributable to fair wear and tear, abuse, improper use or use in an environment or for a purpose for which the Device was not designed or intended by Acticheck;
    iv. if you alter or repair such Device or any part thereof.

    i. If Acticheck complies with clauses 35.f and 35.g it shall have no further liability for a breach of the warranty in clause 35.c in respect of such Device. Any repaired or replacement Device will be warranted on these terms for the unexpired portion of the original warranty period.

    j. If Acticheck receives written notice from you of any breach of the warranty in clause 35.c, then Acticheck’s sole liability shall be, at its sole discretion, to: (a) remedy the breach within a reasonable time and without charge to you; or (b) refund such proportion of the Purchase Price as shall correspond to the period during which the breach took place.

    k. Except as expressly stated in these Terms and Condition all other warranties, representations (unless made fraudulently), terms and conditions are excluded to the fullest extent permitted by law.

36. Jurisdiction & Severability
    You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, its subject matter or formation (including non-contractual disputes or claims). If any competent authority in whatever locale, region or country finds any part of these Terms to be invalid, unlawful or unenforceable, these Terms will be deemed to be amended for that relevant part / section / clause as far is practicably possible with the clear intent of the relevant part / section / clause surviving as close as allowable to its original intended meaning. The rest of these Terms shall survive and remain valid and unaffected to the fullest possible extent.
37. No Waiver
    No failure or delay by Us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
38. Account communications
    a. If We have to contact you or give you notice in writing, We will do so by email or by pre-paid post to the address that has been entered into your User account.b. When you visit Our website or send e-mails to us, you are communicating with us electronically. Notwithstanding the communications needs of alerts and notifications, we may communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.c. You acknowledge that there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.
39. Viruses
    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 programme and platform in order 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, which is malicious or technologically harmful. You must not attempt to gain unauthorized 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 will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authority and will co-operate with such authority by disclosing your identity to them. In the event of such a breach, your right to use Our Site, Acticheck life-saving wristband and associated services will cease immediately.

Acticheck Customer Service Team
For information on customer support, please go to our website www. Acticheck.com or you may contact us from the UK on 0345 25 75 080

July 2023

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Privacy and General Data Protection Policy

Acticheck Ltd (‘Acticheck’ ‘We’) are committed to protecting and respecting your privacy.

This policy (together with our terms and conditions and any other documents referred to) sets out the basis on which any personal data we collect from you or that you provide to us will be managed by us.

For the purposes of the General Data Protection Regulations (GDPR), the data controller is Acticheck Ltd of 7 The Butts Business Centre, Butts Lane, Fowlmere SG8 7SL.

To effectively deliver the service through the Acticheck system there are several pieces of information that we must collect and retain. This ensures that we can provide the continual continuous monitoring of your welfare and the ability to contact your pre-assigned responders in the event of an alert being raised. This information can also be used for you, or another authorised person, to view your welfare remotely.

We may also use this movement and alert data to provide better services for all our users, as we continuously review our service offering. The use of this data will be aggregated and used anonymously.

Data derived from the information that we collect will be anonymised and aggregated, and may be provided to public bodies for information on the general health and wellbeing of the population or may be sold commercially.

It is important to remember all of your data is secured with the latest technology consistent with the system needs and, unless where stated above, is released to no one that you (the account holder) have not authorised, unless Acticheck are compelled to for legal reasons (see note below).

At no point will any personally identifiable information be passed to any third party without your specific consent, unless we are compelled to for legal reasons (see Legal Release of Data, below).

This Privacy Policy explains:

1. Definitions
2. Data protection compliance
3. What information we collect and why we collect it
4. How to access and update information.

Definitions
Throughout this document the following terms are used:

• ACCESS INFORMATION is the instruction on how to enter your property when an alert is raised from the address associated with your base. By entering this data you are authorising a responder to access in this manner and they are not liable for any costs or damages resulting from this access:
• ADMINISTRATOR means someone who has the Acticheck System administration rights for a WEARER;
• ALERT means the ‘responders are contacted via a voice call in sequence until one accepts responsibility;
• ACTICHECK SYSTEM means a combination of hardware and software that together delivers the personal monitoring and alert system;
• DATABASE means the system comprising the database, communications and system logic;
• INCIDENT means the band, base or smartphone tells the database that a change in status of one of the monitored parameters has occurred’;
• MY.ACTICHECK.COM  means the user portal /control panel giving access to the Database and relationship management controls;
• NOTIFICATION  means the method by which the database communicates with responders/administrators following an incident;
• RESPONDER  means someone who responds to a WEARER alert;
• USER  means a user of the Acticheck system who can be a WEARER and/or RESPONDER or any other function (maybe ADMINISTRATOR, CARE HOME MANAGER).
• WEARER  means someone who wears a band;
• I’M OK CHECK  means a sequence that is run at user-defined times requiring confirmation of wellbeing by a button press;

Data protection compliance
Your personal information shall be transmitted and held in accordance with the General Data Protection Regulations and all of your data is held securely using the latest industry standards available at the time of this policy statement.

Your data falls into the following categories:

• Ultra secure: Access Information to your location, once entered, is used only in the event of an alert. No one at Acticheck Ltd or its service partners has access to this information. For added security, Access Information cannot be edited and must be overwritten when updated. Passwords can be reset using a registered e-mail address.
• Highly secure: This is the information, including address and contact details which visible and editable by anyone with Administrator status. This information may also be released to a Responder who has agreed to accept an Alert but are currently unavailable.
• Friends & Family only: Linked accounts can see summary information which may include who is linked to the system, time of last connection, outstanding alerts and notifications and in the case of Administrator a link to a map if the ‘Go Anywhere’ function is in use.
• First Responder: First responders can tap a NEAR FIELD COMMUNICATION (NFC) enabled and internet connected device against the wearer’s band. Any information held in the public profile will be served to them via a webpage. We limit this information to that which is of use to a First Responder such as first name and medical information.
• Intra network communications via My.Acticheck.com: never reveals personal contact information but allows Administrators to get in touch with a Responder or for those linked to a Wearer to report a possible concern.

Account Passwords
We strictly enforce a strong password policy for user accounts in the Acticheck User Portal. A password must consist of a minimum of twelve characters and must contain a combination of both uppercase and lowercase letters along with at least one number.

There is also the option of enhancing your security by taking advantage of the multi-factor authentication methods we offer including Email, SMS, Authenticator App and band button press. These work in conjunction with your username and password to add a second layer of protection for your account should your login details become compromised.

For more information and guidance on strong passwords please see the FAQ section on our website.

Information we collect and how it is used
Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.

• Device specific information (such as your band’s unique identity code). This enables correct set up of the device and its association with an account.
• The name, email and telephone number(s) of the purchaser and the delivery address of the Acticheck system.
• The name, postal address, email and telephone number (s) of the User if different from the purchaser.
• The payment details and billing details of the purchaser are taken by the payment gateway partner through a secure gateway This data is neither seen nor held by Us.
• The temperature and movement of the band and whether the band is being worn is held for the purposes of generating alerts, presentation to the User and their Administrators via the Portal (com) and for analysis to aid system improvements.
• Whether the band is in connection with the database – either through the base station or smartphone.
• If the system is functioning correctly.
• The times of I’m OK checks set by user.
• User defined parameter levels at which an incident will be raised.
• The MAC address of the user’s broadband router to identify when the base has been relocated The location of the wearer via their smartphone to locate where an alert has been raised.
• Nominated Administrator’s and Responder’s names, contact numbers, email addresses, times of availability.
• Other information the User has provided been given to a Responder when an alert has been raised – such as medical information, how to access their house, medical professionals to contact, and so on.
• What browser you are using to access my.acticheck.com – to monitor the best performing browser for our services.
• What type of smartphone is being used – to monitor the best performing smartphone and operating systems for our services.

Where we store your personal data
The Acticheck data is stored within the EU at two separate site (to ensure resilience) and according to GDPR standards.

Use of Third-Party Data Processors
We use third party Data Processors to provide functions which contribute to the overall service We provide, such as automated telephone calls, SMS and email.
Those Third-Party Data Processors which are used and outside of Europe are all certified under ‘Privacy Shield’ to maintain the standards of data handling as set out in GDPR (please see www.privacyshield.gov for more information).

Our use of cookies
Cookies are small text files which are downloaded to your computer’s hard drive (or other device e.g. mobile phone, used to access a website) when you visit certain web pages. Cookies are useful because they allow a website to recognise a user’s device, allowing you to navigate efficiently between pages, remembering user preferences and generally improving your user experience. They can also be used to tailor information, (including advertising), to your interests, to provide us information such as number of visitors to a site, pages visited, length of time spent on the site. All the information that cookies collect is aggregated and therefore anonymous.

Acticheck.com and my.acticheck.com uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” to help the website analyse how users use the site. Further information regarding Google Analytics terms of use can be found at http://www.google.co.uk/analytics/terms/us.html .

To opt out of Google Analytics for all websites visit: https://tools.google.com/dlpage/gaoptout

You may refuse the use of specific cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of Acticheck.com and my.acticheck.com.

For more information, please visit www.aboutcookies.org

By using our websites you are consenting to the processing of data about you by Google in the manner and for the purposes set out above, to the other Terms of this Privacy Statement and to our website general Terms and Conditions.

Accessing and updating your personal information
You, or anyone to whom you have granted Administrator status, can view and update your data at any time using a web browser at my.acticheck.com.

Retention of and automatic deletion of personal data
We keep data only when it is necessary for the provision of the service. As a matter of course we retain all information necessary to perform the service while Wearer subscriptions are ongoing or have lapsed for less than 3 months.

After this period the subscription will be considered lapsed and all data from any account which was solely associated the lapsed account will be purged from the system.

All data reported by the band and base is automatically purged after a month. Please note that partial data may reside on our archival systems for backup purposes for a period of up to 50 days.

Discretionary deletion of personal data
If you have an online account (one linked to an email address) you can edit and alter any information which relates to your information or relationship to wearers and responders. If you would like to purge the account in its entirety from the Acticheck records please contact your service provider who has the facility to do this. Please note that partial data may reside on our archival systems for backup purposes for a period of up to 50 days.

Refusing email communications
Acticheck have three types of emails that We send:

1. Alert information
   If you are a responder with an email address recorded and accept an alert we will send you an email with information which may help you respond appropriately.
2. Notification information
   Some emails, such as the daily ‘Up and Active’ messages are optional and can be turned off in the ‘My Wearers’ tab at my.acticheck.com
3. Information messages
   It is important for Acticheck to be able to remind you to update and changes in contact details and to update you about service developments which may enhance your use of the System. However, if you wish, you can opt out from future communications by responding to the option at the end of any email.

Legal release of data
We will share personal information with companies, organisations or individuals outside Acticheck if we have a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, legal process or enforceable governmental request.
• Enforce applicable Terms of Service, including investigation of potential violations.
• Detect, prevent or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of Acticheck, our users or the public, as required or permitted by law.

Changes to our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page and where appropriate, notified to you by email. Please check back frequently to see any updates or changes to this privacy policy.

If you have any questions concerning this document please contacts us via info@acticheck.com

July 2023

Old Privacy Policy as at July 2015

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Acticheck Ltd, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however, this will not affect any use of your information that has already taken place. When you contact us, you may consent to your name and email address being used so we can respond to your enquiry. While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

Karl Gibbs
info@acticheck.com

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Cookie Policy

We use cookies to help improve your experience of our website at https://acticheck.com. This cookie policy is part of Acticheck Ltd’s privacy policy. It covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://acticheck.com. In such a case, we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg logging in), track site usage (eg analytics), store your user settings (eg time zone, notification preferences), and to personalise your content (eg advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.

We use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.

We use performance cookies on our site.

Functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customised, enhanced, or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.

We do not use this type of cookie on our site.

Targeting/advertising cookies

Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.

We use targeting/advertising cookies on our site.

Community Message Board Rules

These rules (Rules) set out the terms for use of the Community Message Board (the Board), which apply to all users. Any submission of material by you to the Board means that you accept, and agree to abide by, all the terms and conditions of these Rules.

The Rules supplement our terms of website use.

The Board is a site operated by Acticheck Ltd (‘We’). We are registered in England and Wales under company number 08892416 and we have our registered office at 7 The Butts Business Centre, Butts Lane, Fowlmere SG8 7SL.

Moderation
The Board is not currently moderated. We will not be responsible as author, editor or publisher of any contribution submitted to the Board and we expressly exclude our liability for any loss or damage arising from the use of the Board by any person in contravention of these Rules. We reserve the right to promptly remove, or to disable access to, any Contribution, which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.

Use of the Board by minors
The use of the Board by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Board that it is important that they communicate with their children about their safety online. Minors who are using the Board should be made aware of the potential risks to them and of their obligation to comply with these Rules when using the Board.

We will do our best to assess any possible risks to minors from third parties when they use the Board, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

Content standards
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Acticheck Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.
• Be relevant.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
• Infringe any copyright, database right or trademark of any other person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be in contempt of court.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Acticheck Ltd if this is not the case.
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

If you are offended by a post or topic please use the ‘Report Inappropriate Content’ button to alert us. Please do not use this facility simply because you disagree with a Contribution; if this is the case you are able to post a reply stating your opposing opinion. When doing so do not make any personal attacks. If you disagree with another member’s view please state your case without attacking or insulting others and treat other contributors with respect.

Copyright
By submitting a Contribution to the Board, you agree to grant Acticheck Ltd a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, Acticheck Ltd will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. Acticheck Ltd may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Where possible your approval shall be sought before such use.

Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trademark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant Acticheck Ltd the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to Acticheck Ltd, please do not submit the Contribution to the Board.

Breach of these Rules
When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the Board, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Board.
• Immediate, temporary or permanent removal of any Contribution already posted on the Board.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

Complaints
If you wish to complain about any Contribution posted to the Board, please contact us at info@acticheck.com. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution, which, in our opinion, falls below our Content Standards as described above in accordance with the “Breach of these Rules” section, above.. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

Changes to these Rules
We may revise these Rules at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

July  2023