EU set to reform e-privacy laws after compromise

Suboptic Limited - Terms of Use

These Terms of Use (“Terms of Use”) are effective as of 12^th October 2020. By accessing or using the Suboptic Website (the “Service”), or by logging into the site with your allocated User ID, you agree to be bound by these Terms of Use. The Service is owned and operated by Hivebrite Limited acting by and through Suboptic Limited

Please review these Terms of Use carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.

The Service comprises a suite of online services provided by Suboptic Limited including but not limited to:

an online Suboptic Community Directory
a User-to-User Community Messaging service, and
the Suboptic Working Groups service.

These Terms of Use govern your use of each component of the Service.

1. Copyright; Rules for Submission of Content.

The Service and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials (collectively, the “Service Content”) are protected by copyright, trademark and other laws. As between you and Suboptic Limited, Suboptic Limited owns the intellectual property rights in the Service and the Service Content. You may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, you may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Suboptic Limited .

You retain ownership of all of your intellectual property rights in any content created, posted, or shared by you, on or through the Service and any personal data, (the “User Content”). Suboptic Limited does not claim ownership of your User Content.

You represent and warrant that: (i) you own your User Content; (ii) the posting and use of your User Content on or through the Service will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you shall pay for all royalties, fees, and any other monies owed by reason of your User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

2. Rules of Conduct.

You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Service and to enter into and comply with these Terms of Use.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, disturbing, pornographic, or sexually suggestive photos or other content via the Service.

You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.

You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.

You may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Suboptic Limited (or any individual officer or employee of Suboptic Limited); (3) use that can be confused with official communications of Suboptic Limited or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

Certain areas of the Service provide tools for the exchange of ideas and information between users, including in the form of direct messaging. Suboptic Limited is not responsible or liable for any content, including User Content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to Suboptic Limited.You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.

You acknowledge and agree that Suboptic Limited has no obligation to display, monitor, or take any action with respect to Service Content or User Content. Suboptic Limited reserves the right, without the obligation, to edit the Service and to edit, remove, delete or refuse any User Content for any reason without notice to users. If User Content violates the above standards or any other provision of these Terms of Use, Suboptic Limited reserves the right to terminate the applicable user’s account and right to use the Service, in addition to any other rights or remedies available. Suboptic Limited does not approve or endorse any User Content, and you agree that Suboptic Limited will have no responsibility or liability in connection with your use of any User Content.

3. Privacy; Confidentiality.

Suboptic Limited agrees to use your User Content in compliance with the privacy policy of the Service, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “Privacy Policies”).

Suboptic Limited will treat your User Content as confidential information in accordance with Suboptic Limited policies, and only use and disclose it in accordance with these Terms of Use and the Privacy Policies.

4. Limitation of Liability; Indemnification.

THIS SERVICE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SUBOPTIC LIMITED DOES NOT APPROVE OR ENDORSE ANY USER CONTENT. SUBOPTIC LIMITED IS NOT LIABLE TO USERS OR VISITORS FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SERVICE, SERVICE CONTENT, OR USER CONTENT REGARDLESS OF WHETHER SUBOPTIC LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

You agree to indemnify and hold harmless Suboptic Limited and its officers, fellows, governing board members, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Service or any of the Service Content or your User Content, and/or your failure to comply any provision of these Terms of Use.

5. User Accounts; Account Termination Policy.

You agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You agree to notify us immediately at [email protected] of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. Suboptic Limited may terminate your account if you violate any provision of these Terms of Use or fail to comply with requests concerning your account. User accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.

The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless Suboptic Limited otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination. Suboptic Limited reserves the right at any time in its sole discretion to cease providing any Service Content, to change or discontinue any aspect or element of the Service, or to cease making the Service available.

6. Miscellaneous

Links to Other Services. Suboptic Limited may provide links to websites operated by third parties, including but not limited to, websites operated by Suboptic Limited as a convenience for our users. Suboptic Limited does not endorse or accept responsibility for the content or the use of third-party websites. If you use third-party sites, you do so solely at your own risk. Links do not imply that Suboptic Limited is affiliated or associated with any linked site.

Use of Suboptic Limited Names. Except as specifically permitted by these Terms of Use, you may not use or register any name, logo or insignia of Suboptic Limited or any of its schools or subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by Suboptic Limited.

Governing Law. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Service, will be governed by the laws of England and Wales, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the English Courts. You consent to the personal jurisdiction of such courts over you for this purpose and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Change of Terms of Use. Please note that these Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page. Your use of this Service or any Service Content after any changes have been made will constitute your agreement to the modified Terms of Use.

Severability; Entire Agreement. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Suboptic Limited’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and Suboptic Limited with respect to the subject matter hereof.

SubOptic Privacy Policy

About us
What information do we need?
Why do we need it?
What do we do with it?
Sharing of your information in the Call for Papers Process
Other things we’d also like to do with your information How long will we keep it?
Your rights

About us

We’re SubOptic Limited. Our registered office is c/o CMS, 78 Cannon Street, London, EC4N 6AF, our email address is [email protected], and our activities are subject to English Law. We use your information as further explained in this Privacy Policy. We will be the “controller” of the information you provide to us.

Our website links to other websites, which will have their own privacy policies and terms. We strongly advise that you familiarise yourself with these.

What information do we need?

The personal data that we collect about you is your name, contact details and your organisation, and certain other biographical information if you are a Member or are submitting an abstract, paper or presentation as part of the “Call for Papers” process for the SubOptic 2022 Conference (the “Conference”).

Occasionally we may also ask you to provide sensitive information (such as health data like allergy data for event catering purposes), and when we do we will be clear and transparent about our intended use of your sensitive data and we will only process it if you have provided your explicit consent to that processing when you provided the data.

Why do we need it?

We need some of your personal data to be able to register you for and organise events that you wish to attend, and if you have opted into our marketing emails when providing your personal data, to tell you about future events run by us and/or (if selected by you) any other industry organisations which we notified to you when you provided your marketing preferences.

If you or your organisation is a Member of SubOptic, in addition to the above, we also need some of your personal data to be able to provide you with the benefits of your Membership (as described under the SubOptic Constitution, to be known as your “Membership Services”.) If you are submitting an abstract as part of the “Call for Papers” process for the Conference, we need some of your personal data in connection with reviewing and selecting papers for presentation at the Conference. The review process, and the persons authorized by SubOptic in accordance with its Constitution to process your personal data as part of the abstracts selection process, are described in more detail under ‘Sharing of your information in connection with the “Call for Papers” review process’ below.

Except for where we process your sensitive information or where we process your data for marketing purposes, we process your personal data on the legal basis that:

1) our processing is necessary for our performance of our commitment to you to organise your attendance at events, review any abstracts you may submit as part of the “Call for Papers” and, in the case of Members only, to provide your Membership Services;

2) our processing is necessary in pursuit of our legitimate interests to organise your attendance at events, review any abstracts you may submit as part of the “Call for Papers” and, in the case of Members, to provide your Membership Services.

Where we process your sensitive information, we will process this on the legal basis that you have provided your explicit consent.

Where we process your personal data for marketing purposes, this will usually be on the legal basis that you have consented to receiving marketing about our events and/or third-party events. If we are marketing our events to you which are similar to our event(s) that you have previously registered for, we may do this on the legal basis that it is in our legitimate interests to do so (as long as we have complied with our applicable legal obligations), and you will always have the opportunity to object to this processing.

What do we do with it?

All the personal data we process is processed in the UK, unless it is processed in connection with a SubOptic Conference, in which case your data is likely to be processed by our designated event management company. If your personal data is processed by our designated event management company or its sub-contractor it will be safeguarded by an agreement between SubOptic and the designated event management company which is based on the standard clauses for international data transfer approved by the European Commission. You can request a copy of non-confidential parts of this agreement by contacting us using the contact details in "About us", above.

We also use event managers to run our events in the UK (including training and seminars), so we share your information with them to enable them to organise the events.

Your information will be stored on systems which are hosted by a US and EU cloud providers that have signed up to the following safeguards for the protection of EU personal data:

the EU-US Privacy Shield
standard clauses approved by the European Commission

No other third parties have access to your information unless we specifically say so in this Privacy Policy, or the law requires.

Sharing of your Information in connection with the “Call for Papers” review process

The “Call for Papers” review process is at the heart of the Conference and is the process by which abstracts are submitted and papers and posters are chosen based upon topic areas proposed by a committee responsible for the Conference programme (the “Programme Committee”). The chair of the Programme Committee (who is appointed by the SubOptic executive committee) establishes a committee responsible for the selection of papers (the “Papers Committee”). All members of the Programme Committee, Papers Committee and executive committee are well-qualified and perform their functions impartially, independently, and in full observance of the rules applicable for the protection of personal data.

In carrying out the peer review selection process involving an expert panel of reviewers for each topic area, members of the Papers Committee (other than the two co-chairs) and the 60-80 reviewers from various organisations who review the abstracts submitted by authors and make recommendations on which should be accepted for oral or poster presentations at the Conference do not receive access to your personal information. However, the Papers Committee co-chairs and the Programme Committee do process your personal information in connection with the “Call for Papers” review.

Other things we’d also like to do with your information

If you have signed up to attend one or more of our events in the past, we may use your name and email address to inform you of our similar events and promotional offers. If you have asked us to keep you informed of our events and promotional offers, and/or the events and promotional offers of our industry partners (as selected by you when you provide your information), then we will use your name and email address for these purposes. You can expect to receive no more than one marketing email per month from us.

Except for as stated in this policy, the information you provide to us is not shared with third parties and you can unsubscribe at any time by clicking the “Unsubscribe” link in any of our emails.

How long will we keep it?

We keep your information in accordance with the following retention schedule, and then securely erase it once no longer needed:

Type of Information	Purpose of Processing	Retention period for purpose
Members and non-Members Name, email address	Marketing of SubOptic’s events and/or third parties’ events (depending on individual preferences)	Separately in respect of SubOptic's events and third parties’ events, until you notify us that you no longer wish to receive this marketing from us for these purposes
Members only Name, email address, organisation and any further information required to provide the Membership Services	To provide Membership Services to Members	Until the end of the Member’s Membership
Event registrants (Members and non-Members) Name, email address, organisation, any dietary requirements provided	To run the event that you are registered to attend and to provide follow up information related to that event	Until all follow up information related to that event has been provided
Authors	To select the abstracts to be presented orally or as posters at the Conference	Until the expiry of SubOptic’s copyright protection in relation to the paper, if selected for the Conference, or for a period of one year after the final day of the Conference, if the submission is not selected for presentation.

Your rights

You have the following rights regarding your information:

Rights	What does this mean
The right to be informed	You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Privacy Policy. For more information, please contact us using the contact details under “Making a complaint or request", below.
The right of access	You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Privacy Policy). This is so you’re aware and can check that we’re using your information in accordance with data protection law. For more information or to request access to your information, please contact us using the contact details under “Making a complaint or request", below.
The right to rectification	You’re entitled to have your information corrected if it’s inaccurate or incomplete. For more information or to request rectification, please contact us using the contact details under “Making a complaint or request", below.
The right to erasure	This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions. For more information or to request erasure, please contact us using the contact details under “Making a complaint or request", below.
The right to restrict processing	You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future. For more information or to request a restriction, please contact us using the contact details under “Making a complaint or request", below.
The right to data portability	You have rights to obtain and reuse your personal data for your own purposes across different services. Eg, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability. For more information or to request data portability, please contact us using the contact details under “Making a complaint or request", below.
The right to object	You have the right to object to certain types of processing, including processing for direct marketing (which we do only with your consent). For more information or to object, please contact us using the contact details under “Making a complaint or request", below.

Making a complaint or request
If you are unhappy with how we’ve handled your information, contact us here: [email protected] or by post at SubOptic Limited, c/o CMS, 78 Cannon Street, London, EC4N 6AF.

If you’re not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO).

By logging to your account, you are agreeing to the Terms of Use and Privacy Policy