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TERMS OF SERVICE
How We Protect You & Your Information
These terms of service ("Terms") cover your use and access to the StayPrivate software, services and websites ("StayPrivate") provided by StayPrivate Ltd. Our Privacy Policy explains how we collect, safeguard and use your information; our Acceptable Use Policy outlines your responsibilities when using StayPrivate. By using StayPrivate, you are agreeing to be bound by these Terms, and it is your sole responsibility to comply with our Privacy Policy and Acceptable Use Policy. If you are using StayPrivate on behalf of an organization, you are agreeing to these Terms on behalf of that organization.
When you use StayPrivate, you may provide StayPrivate with information such as your name, billing information, files, content, email messages, contacts and so on ("Your Information").
These Terms do not give StayPrivate any rights to Your Information except for: (i) limited rights that enable us to deliver the service; and (ii) limited rights described in our Privacy Policy.
You give us permission to host Your Information, back it up, and share it with other users in order to deliver the StayPrivate Service. If you provide an email address, you give us permission to forward email messages to your email account. If you provide a mobile telephone number, you give us permission to forward SMS messages to your mobile.
When you use StayPrivate to share information with others, please think carefully about what you share. Please be aware that when you use StayPrivate to share information with a user who works for an organization, the organization as well as the user will usually be able to access the information.
You are responsible for your conduct, your communications with others, Your Information and the information you share with others, and you must comply with our Acceptable Use Policy. Information shared with you, or information you share may be protected by others' intellectual property rights. Please do not copy, upload, download or share content unless you have the right to do so.
You are responsible for any activity using your account, so please safeguard your password and PIN, make sure that others do not have access to it, and keep your account information current.
StayPrivate may be used independently by people under the age of 18, but only with the permission and under the supervision of a guardian. By accepting these terms, you are representing to us that you are over 18. If you are the guardian of a person under 18 you may accept these terms on their behalf, but only on the understanding that you will, at all times, supervise their use of StayPrivate.
Some parts of StayPrivate allow you to download software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access our Service. To the extent any component of the Software may be offered under an open source licence, we will make that licence available to you and the provisions of that licence may expressly over-ride some of these Terms. You agree not to reverse engineer or decompile the Software or Service, attempt to do so, or assist anyone in doing so.
StayPrivate is protected by copyright, trademark, and other UK, US and foreign laws. These Terms do not grant you any right, title or interest in StayPrivate, in others' content in StayPrivate, in StayPrivate trademarks, logos or in other brand features. We welcome feedback; we may act on comments or suggestions without any obligation to you. We will not publish any comments or suggestions without your prior permission.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Compliance Department. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on StayPrivate is: Copyright Agent, Compliance Department, StayPrivate Ltd, Oak House, 58-60 Oak End Way, Gerrards Cross, Buckinghamshire, SL9 8BR, United Kingdom. Or via email at: copyright@stayprivate.com.
StayPrivate allows users to send emails, upload files, share files and make notes for free, subject to storage limits. The price list is available within the subscription area of the StayPrivate app. StayPrivate reserves the right to contact users from time to time in order to gather feedback and to enquire whether they would be interested in upgrading the service.
Your account will remain in effect until it is cancelled or terminated under these Terms. If your account is not paid for on time, we reserve the right to either partially or fully suspend your account.
If you use StayPrivate on behalf of an employer or other organization, then you must use it in compliance with your employer's terms and policies.
You are free to stop using StayPrivate at any time. We also reserve the right to suspend or end StayPrivate at any time at our discretion and without notice. For example, we may suspend or terminate your use of StayPrivate if you are not complying with these Terms, or are using the Service in a manner that would cause us legal liability, disrupt StayPrivate or disrupt others' use of StayPrivate.
We strive to provide a great Service, but there are certain things that we cannot guarantee. To the fullest extent permitted by law, StayPrivate Ltd and its affiliates, suppliers and distributors make no warranties, either express or implied, about StayPrivate. StayPrivate is provided "as is". We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
To the fullest extent permitted by law, in no event will StayPrivate Ltd, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not StayPrivate has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to StayPrivate more than the greater of £100 or the amounts paid by you to StayPrivate for the past 12 months in question.
We prefer to address any concerns without resorting to the law courts. Before filing a claim against StayPrivate, you agree to try to resolve the dispute informally by contacting us at disputes@stayprivate.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 28 days of submission, you or StayPrivate may bring a formal proceeding.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
This does not affect any of your statutory rights.
These Terms will be governed by English law.
These Terms constitute the entire agreement between you and StayPrivate with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
StayPrivate’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. StayPrivate may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with StayPrivate.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account). By continuing to use or access StayPrivate after the revisions come into effect, you agree to be bound by the revised Terms.
This policy describes how we collect, use and safeguard your information when you use our websites, software and services ("Service"). It describes the sources of personal information we may collect about you, the purposes for which we use information, the circumstances in which we may share information, and the steps that we take to safeguard information to protect your privacy.
There are three categories of data which we store: basic data, general data, and usage data.
We collect, and associate with your account, information like your name, email address, phone number, payment details, and physical address. We use this information to deliver StayPrivate, to bill for your use of StayPrivate, and also to allow us to communicate directly with you. We do not, outside of specific exceptions described below, share this information with third parties.
We may disclose your personal information to fulfil your instructions, to protect our rights and interests or pursuant to your express consent. Under limited circumstances, your personal information may be disclosed to third parties under our Privacy Policy and as permitted by, or to comply with, applicable laws and regulations, for instance, to protect against fraud or to co-operate with law enforcement or regulatory authorities.
When you use StayPrivate, we store, process and transmit your files and information (including emails, messages, documents and photos) and information related to them (for example, time of last change). Other than the restricted rights described in our Privacy Policy, we do not have access nor any other rights to this data. All communication remains your property and is encrypted both in transfer and in storage.
We collect information from and about the devices you use to access StayPrivate. This includes things like IP addresses, the type of browser and device you use and identifiers associated with your devices. This information is only used to help us keep your StayPrivate secure and we do not share it with anyone other than yourself.
We occasionally use cookies and similar technologies (such as HTML5 local storage) to provide, improve and protect our Services. For example, cookies can be used to remember your username for your next visit.
You can set your browser to not accept cookies, and this should not make any difference to your ability to use StayPrivate. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. To learn more about what cookies are set on your computer as you browse the web and how to manage or delete them, visit www.allaboutcookies.org.
StayPrivate uses certain trusted third parties to help us provide and protect StayPrivate. Unencrypted information is not available to any third parties. And third parties may access your information only to perform tasks on our behalf and only in compliance with this Privacy Policy.
If you use StayPrivate as an employee, agent, client, potential client, or similar, of an organization, that organization may be able to access the data you provide to StayPrivate.
As described in our Privacy Policy, we may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of StayPrivate or our users; or (d) protect StayPrivate’s property rights.
We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe.
StayPrivate is committed to protecting the privacy and confidentiality of your personal information. We limit access to your personal information as much as possible and, as described above, providers are held to stringent standards of privacy. We also maintain physical, electronic and procedural safeguards to protect information against loss, misuse, damage or modification and und access or disclosure.
We will retain information you store on StayPrivate for as long as we need it to provide you StayPrivate. We treat all users as if they were protected by EU GDPR, regardless of their location.
If you delete your account, we will also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
You can delete your account on any of StayPrivate web, mobile or desktop apps by navigating to 'My account' and scrolling down to the account deletion section at the bottom.
You can also delete messages and content from within the apps. Once deleted in the app, data will be removed permanently from our servers, subject to the latency described above. If you have any specific deletion requests you can also contact us at support@stayprivate.com.
If your relationship with StayPrivate ends and we retain any of your personal information we will continue to treat it as described in this policy.
Depending on your choice of location, we store all your information within secure data centres in one of either the United Kingdom, the United States or the European Union (Germany). However, you may access StayPrivate from anywhere in the world and information may be stored on the devices you use to access StayPrivate.
StayPrivate believes that individuals have the right to know who can access their data and what terms. We also believe that this should apply to governments and companies alike.
StayPrivate will only release information to governments or other authorities on the presentation of a valid search warrant issued under due legal process. Such a warrant should show probable cause in order to justify the disclosure of the stored contents and communication of any account.
It is our policy to notify users and provide them with a copy of any civil or government legal process regarding their account (including formal requests for private information), unless we are prohibited by law or court order from doing so. If that is the case, we will notify users and provide them with a copy of the legal process when the prohibition expires.
If a request for information is valid, we will preserve the necessary information before informing the user. In most cases, upon notification to the user, that user will be provided with either 7 days or the amount of time before the information is due, whichever is later, during which time the user may legally challenge the request. If, prior to the deadline, we receive notice that the user intends to challenge a request, no information will be delivered until that process concludes. We also review information requests and may lodge our own challenge to the scope or validity of legal process received, on behalf of a user, whether or not the user pursues their own legal challenge.
StayPrivate is not designed to enable surveillance of users. In order to deliver StayPrivate, we may use third parties. If such a third party has access to data about our customers this would normally be anonymised. Nevertheless we expect all third parties to handle all data as StayPrivate would, meaning that they should not share the information with any other company or individual, use it any way other than to deliver the necessary service, nor assist governments in widespread surveillance of users.
StayPrivate is a UK-based company and adheres to UK privacy laws and standards. If it were to receive a National Security Letter (NSL) or its equivalent originating from the US government, and was advised that this letter was legally applicable in the UK, it would notify the US government that it would like the court to review the non-disclosure provision of the NSL pursuant to USA Freedom. The US government would have 30 days to let the court know why the non-disclosure should remain in effect. If we receive notice that the non-disclosure no longer applies, we will notify the affected customer.
If we are involved in a reorganization, merger, acquisition or sale of our assets, the way your information is managed may change as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.
If you have questions or concerns about StayPrivate and privacy, contact us at privacy@stayprivate.com.
StayPrivate respects all organizations' and individuals' rights to privacy, however, StayPrivate respects the law foremost and also recognizes that organizations and individuals only retain their rights to privacy while they are not seriously disrespecting the rights of others. StayPrivate will resist any unlawful requests from governments and other third parties to access your data.
Although the StayPrivate Software is able to access your data and information because it needs to in order to be able to deliver its Service to Clients and to allow Clients to access their own information, you can have total confidence that, in the normal course of events, StayPrivate itself will not access your information. StayPrivate operates 'Chinese walls' within its organization so that no individual employee has sufficient access to the various encryption keys, programs and databases to be able to circumvent our controls and access any Client data.
StayPrivate is used by many organizations and individuals around the world, and we appreciate the trust you have placed and continue to place in us to protect your information. In return, we trust you to use StayPrivate responsibly.
You agree not to misuse the StayPrivate ("Service"). For example, you must not, and must not attempt to do the following: