OUR POLICIES

We believe in operating with transparency. Please view our Policies below which set out how we operate, including how we use and store your data both as a non-registered visitor to this site and as a Subscriber to our Services, including your employees (End Users).

If there's anything not covered that you have a question about, please drop us a line at info@xldirect.co.uk 

Please select the policy you wish to view:

  • Cookies Policy

  • Privacy Policy

  • Terms & Conditions - Provision of Services

Cookies Policy

What are cookies?

Cookies are small text files that may be placed on your computer or mobile device when you visit our website. We use cookies on our website. Some are persistent cookies (cookies that remain on your hard drive for an extended period of time) and some are session ID cookies (cookies that expire when you close your browser). These cookies are used to store information including users’ preferences and shopping basket content for example.

You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.com

How we use cookies

Cookies help us to operate our website and provide services to you.  In particular, they can:

  • make your online experience more efficient and enjoyable

  • enhance and customise your experience across our website 

 

What cookies do we use?

Our website uses:

  • Essential/strictly necessary cookies, which are essential to the functioning of our website. These are used, for instance, to keep you logged into the site (session cookies) and to remember the contents of your shopping basket (persistent cookie, 2 day expiry).

How can you control cookies?

You can accept or reject cookies by amending your web browser controls. But if you choose not to allow the use of cookies, your experience of our website will be limited and many integral aspects might not work at all.

To change your cookie settings, or if you want to be notified each time a cookie is about to be used, you should amend the settings provided in your web browser to prevent us from storing cookies on your computer hard drive. 

You can manage your cookie settings by following your browser’s instructions. Here are some links that might be of assistance:

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If you have any questions on this Policy you can contact us at info@xldirect.co.uk

Privacy Policy for Website

Please note, this Privacy Policy relates to information collected when using our Website. This is separate to the information collected when using our Revenue and Performance Tracking system (see Terms and Conditions Provision of Service).

 

Who we are

Our website address is: https://www.xldirect.co.uk

xldirect is a trading name of WCEM group, 44 Kingscroft Drive, Brough, HU15 1FL

Introduction

We take your privacy very seriously and are committed to protecting your personal data.  This Privacy Policy details how we, xldirect of Welton, UK  (we, us) collect, use and process personal data.  If you have any questions on this Privacy Policy or otherwise relating to how we process your personal data you can contact us at info@xldirect.co.uk 

This Privacy Policy affects your legal rights and obligations so please read it carefully. If you do not agree to be bound by this Privacy Policy, please do not provide personal data to us.

We may update this Privacy Policy from time to time at our discretion and in particular to reflect any changes in applicable laws. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing this Privacy Policy so that you are aware of any changes to it.

 

Whose personal data do we collect?

By personal data we mean identifiable information about you. Generally, this is likely to include information such as your name, email address, correspondence address and your IP address if you access our website.

We may collect, use, store and transfer different kinds of personal data about you:

  • Contact Data includes data such as your email address, telephone number  and correspondence address

  • Identity Data includes data such as first name, last name, username or similar identifier, date of birth;

  • Technical Data includes data such as internet protocol (IP) address, your login data, browser type and version, cookies, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website and any communications we may send to you.

  • Usage Data includes information about how you use our website such as  information about your visit to our website, including the full Uniform Resource Locators (URL) clickstream to and through, pages you viewed or searches you made, page response times, download errors, length of visit, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

  • Marketing Data includes your preferences in receiving marketing from us.

 

We do not knowingly collect personal data of children.  Please do not provide personal data to us unless you are at least 18 years old.

 

Personal data you provide to us:

From time to time you may provide to us personal data. This may be because:

  • You access and interact with our website;

  • You or your employer provides services to us;

  • We provide services to you or your employer;

  • You apply to work with us as an employee or a consultant;

  • You provide feedback or reviews to us;

  • You respond to a survey or questionnaire;

  • You otherwise contact us including with queries, comments or complaints.

 

We shall process all such personal data in accordance with this Privacy Policy. Certain personal data is mandatory to be provided to us in order that we can fulfil your request, for example to register on our website for the commencement of Subscription, or registering as an End User for our Digital Platform, and we shall make this clear to you at the point of collection of the personal data.

All personal data that you provide to us must be true, complete and accurate.  If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this and we may also report this to the appropriate authorities.

When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you, but will let you know at the start of any call if this is applicable.

Some of this information is collected using cookies and similar tracking technologies. If you want to find out more about the types of cookies we use, why, and how you can control them, please see our Cookies Policy.

Personal data we receive from others?

If we reasonably believe that any of the personal data you have provided to us is inaccurate, we may receive further personal data from third parties, such as credit reference agencies and the electoral register, to try to confirm your identity.

We may also receive personal data about you from our third party service providers, including our payment service providers, and our analytic service providers

Legal basis for processing your personal data.

We will only use your personal data where we have a lawful basis to do so.  The lawful purposes that we rely on under this Privacy Policy are:

  • consent (where you choose to provide it);

  • performance of our contract with you;

  • compliance with legal requirements; and

  • legitimate interests. When we refer to legitimate interests we mean our legitimate business interests in the normal running of our business which do not materially impact your rights, freedom or interests.

 

We may from time to time need to use Contact Data and/or Identity Data to comply with any legal obligations, demands or requirements, for example, as part of anti-money laundering processes or to protect a third party’s rights, property or safety.

If you register and use our website we shall use Contact Data and Identity Data in order to provide you such access to our site in accordance with our Terms of Use.

 

We may also use any of your personal data for our legitimate interests including:

  • to improve our website and our services;

  • in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;

  • to deal with any questions or comments you raise;

  • for audit purposes; and

  • to contact you about changes to this Privacy Policy and/or our Terms of Use.

 

Who do we share your data with?

For our legitimate interests, we may share your personal data with our service providers, sub-contractors, consultants and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including IT service providers, group companies, accountants, auditors and lawyers.

 

We shall provide our service providers, sub-contractors, consultants and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we shall request that they delete your personal data or make it anonymous within their systems.

 

If we need to use your personal data to comply with any legal obligations, demands or requirements, for example, as part of anti-money laundering processes or to protect a third party’s rights, property, or safety then in doing so, we may share your personal data with third party authorities and regulatory organisations and agencies.

If we choose to merge, sell assets, consolidate or restructure, finance, or sell of all or a portion of our business by or into another company then the new owners may use your personal data in the same way that we do as set out in this Privacy Policy.

 

Where we hold and process your personal data

Some or all of your personal data may be stored or transferred outside of the United Kingdom and/or European Economic Area (the EEA) for any reason, including for example, if our email server is located in a country outside the United Kingdom  or the EEA or if any of our service providers are based outside of the United Kingdom or the EEA.

Where your personal data is transferred outside the United Kingdom and/or the EEA, it will only be transferred to countries that have been identified the European Commission as providing adequate protection for personal data or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).

Security

We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.  In particular, access is restricted to employees who need to know your personal data, and we use appropriate password protection and appropriate strong encryption electronic measures within our electronic data management systems.

 

However, unfortunately, because of the nature of electronic storage,  we cannot promise that your personal data or any other data you provide to us will always remain secure.   If there is a security breach, we will do all that we can as soon as we can to stop the breach and minimise the loss of any data.

 

All direct payment gateways offered by us adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Marketing

You may consent to receive marketing email messages from us about our website and our services and business generally.  You can choose to no longer receive marketing emails from us by contacting us or clicking unsubscribe from a marketing email.  Please note that it may take us a few days to update our records to reflect your request.

If you ask us to remove you from our marketing list, we shall keep a record of your name and email address to ensure that we do not send to you marketing information.  If you still have an account with us, we shall continue to email you in relation to your account only.

 

Your rights

You have a number of rights under applicable data protection legislation. Some of these rights are complex, and not all of the details have been included below.

 

Further information can be found here

  • Right of access:  You have the right to obtain from us a copy of the personal data that we hold for you.

  • Right to rectification: You can require us to correct errors in the personal data that we process for you if it is inaccurate, incomplete or out of date.

  • Right to portability: You can request that we transfer your personal data to another service provider if you initially provided consent for us to use the personal data or where we used the personal data to perform a contract with you.

  • Right to restrict or object to processing:  In certain circumstances, you have the right to require that we restrict the processing of your personal information. If you believe our processing impacts on your fundamental rights and freedoms.  However, we may demonstrate that we have legitimate grounds to process your personal data not withstanding your rights and freedoms.

  • Right to be forgotten: You also have the right at any time to require that we delete the personal data that we hold for you, where it is no longer necessary for us to hold it.  However, whilst we respect your right to be forgotten, we may still retain your personal data in accordance with applicable laws and when we respond to your request we shall notify you of any specific legal reasons that we have to retain your personal data

  • Right to stop receiving marketing information: You can ask us to stop sending you information about our services, but please note we shall continue to contact you in relation to any matters relating to your account, if you have one.

 

We reserve the right to charge an administrative fee if your request in relation to your rights is manifestly unfounded or excessive, and we may ask for identification from you before we can fully respond to your request.

 

If you are based in the UK, further detail can be found at www.ico.org.uk  or if you are based outside of the United Kingdom, please contact your local regulatory authority.

Retention of personal data

Subject to the provisions of this Privacy Policy, we will retain personal data in accordance with applicable laws.

We may also be required to retain personal data for a particular period of time to comply with legal, auditory or statutory requirements, including requirements of HMRC in respect of financial documents and in order to deal with any dispute you might raise.

Where we have no legal basis for continuing to process your personal data, we shall either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

General

Our website may contain links to third party websites, plug-ins and applications.  We are not responsible for the content of such third party content, or their privacy statement.  If you provide any information to the third party, then you should check the third party website to find the applicable privacy policy.

 

If any provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

 

This Privacy Policy shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

This Privacy Policy was last updated on 20 September 2020.  You may contact us if you wish to review any previous version.

Terms & Conditions for Provision of Services

1. Introduction

1.1 These Terms are a contract between you and WCEM group (we, us).

1.2 References to you or your are to the organisation identified on the Pricing and Plans subscription form. The person who electronically signs the Pricing and Plans subscription form confirms that it has your  authority to enter into these Terms on your behalf and in doing so will bind you to these Terms.

 

1.3 The Pricing and Plans subscription form is incorporated into and forms part of these Terms.

 

2. Definitions and Interpretation

2.1 In these Terms, the following words have the following meanings:

  • End Users: anyone that you or your authorised users request access to your digital platform;

  • Pricing and Plans subscription form: the webpage sign up form for commencement of our Service Provision attached to these Terms setting out the commercial details agreed between the parties;

  • Data Protection Legislation: any laws and regulations of the UK relating to the processing of personal data including the Data Protection Act 2018 and the General Data Protection Regulation 2016/679;

  • Digital Platform: our online platform that enables your End Users to visit the provided weblink with a member login and provide their sales transaction Data to us so that we can store it for you to display via the digital platform for the services subscribed;

  • Fee: the fees due in accordance with the Pricing and Plans subscription form;

  • Personal Data: shall have the meaning given to it in the Data Protection Legislation;

  • Transaction Data: sales data entered by your End Users, but does not contain any customer identifiable information.

  • Stores:  the name and number of trading retail stores identified in the Pricing and Plans Subscription form.

 

2.2 Words in the singular include the plural and in the plural include the singular.

2.3 The headings shall not affect the interpretation of these Terms.

 

2.4 References to Conditions are references to the numbered provisions of these Terms.

 

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.

 

2.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

 

2.7 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

3. Licence to Digital Platform

3.1  We grant you and your End Users the right to access and use the Digital Platform for each of the Stores without limit on number of End Users per Store. This right is non-exclusive, non-transferable and limited by and subject to restrictions set out in these Terms.

 

3.2 You and the users you provide as ‘authorised users’ shall maintain  the confidentiality of the credentials used to access the Digital Platform for your administration purposes and you or your End Users shall not permit or assist anyone else to access the Digital Platform through your credentials.

 

3.3 The Digital Platform must not be used for any unauthorised or unlawful purpose. In particular, you agree not to:

  • try to gain unauthorised access to any networks, servers or computer system connected to the Digital Platform;

  • make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Digital Platform;

  • reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Digital Platform save to the extent expressly permitted by law and not capable of exclusions;

  • attempt to interfere with the proper working of the Digital Platform; and/or

  • use or access the Digital Platform to build or support, and/or assist a third party in building or supporting, products or services competitive to us.

 

3.4 We  may freely use any anonymous data that we learn, acquire or obtain in connection with any use of the Digital Platform in order to improve, review and analyse our services and business generally and for research and statistical purposes.

 

4. Availability of Digital Platform

4.1 We shall use reasonable endeavours to make the Digital Platform available at all times, but you acknowledge that there may be occasions when access to the Digital Platform may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.   You should promptly report any fault in access to the Digital Platform to us and we shall endeavour to remedy the fault as soon as reasonably practical

 

4.2 You shall not act in a way which could risk overloading, impairing or damaging access to the Digital Platform and supporting infrastructure. If at any time your access to and/or use of the Digital Platform is excessive and as a result impacts on other users’ ability to access the Digital Platform, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use.  We reserve the right to increase the Fee due to any such excessive use.

 

5. Fees and Payment

5.1  The Fee is inclusive of value added tax.  The Fee is calculated and due in accordance with the Pricing and Plans subscription form.

 

5.2 We may increase the Fee on at least 30 (thirty) days’ written notice to you.

 

5.3 All invoices are due within 14 (fourteen) days of receipt.  If any payment is not received in full and cleared funds without set-off, deduction, withholding or counterclaim by the due date we may:

  • suspend your use of the Digital Platform; and

  • charge you costs and interests in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

 

6. End Users

6.1 It is your decision how you would like End Users to access the Digital Platform, Provision of any device equipment to access the Digital Platform is the responsibility of you and your End Users.

 

6.2 For each End User who registers for access of  the Digital Platform, we will capture and retain the Personal Information that they provide for the sole purpose of their user access. 

 

6.3 We are the controller (as such term is defined in the Data Protection Legislation) of  End Users’ Personal Data and accordingly, we shall process End Users’ Personal Data in accordance with our obligations as a controller under the Data Protection Legislation and in accordance with our privacy policy.  We shall not provide End Users’ Personal Data to you unless we are permitted to do so under the Data Protection Legislation.

 

6.4 We are not responsible for any act or omission of an End User, including any false information provided by the Client.

 

7. Transaction Data

7.1 We capture the transaction data provided by End Users for the purposes outlined in Service subscription of displaying to you and End Users relevant aggregated views of such data in the Digital Platform.

 

7.2 We do not capture any personally identifiable information of your customers from this data.

 

7.3 We store the data provided by you in accordance for us to provide Revenue tracking solution and any data provided by you to us in the form of Rate Card revenue provision data is treated confidentially and shall not be stored in our Digital Platform in any manner that it be referenced as provided by you.

 

7.4 Any such data provided will not be disclosed to any other parties without prior written consent from you to do so.

 

8. Termination

8.1 Access to the Digital Platform starts on the start date set out in the Pricing and Plans subscription form.   You may terminate your access to the Digital Platform at the end of the minimum plan term that you selected. Should you decide that you wish to terminate this access earlier than your commitment period, it will not result in any return of fees paid.

 

8.2 We may terminate your access to the Digital Platform on 30 (thirty) days’ written notice at any time, or with immediate effect if:

  • you commit any material breach of any of the terms of these Terms (including failure to pay the Fee when due) and if such breach is capable of remedy, you fail to remedy that breach within 7 (seven) days of being notified of the breach; or

  • you enter into liquidation compulsorily or voluntarily or compounds with your creditors or have an administrator, receiver or administrative receiver appointed over all or any part of your assets or take or suffer any similar action in consequence of debt (except where any action occurs for the purposes of reconstruction or amalgamation whilst solvent).

 

9. Warranties and Liability

9.1 We warrant that we will provide access to the Digital Platform using reasonable skill and care and in accordance with the sales and revenue tracking provision outlined in the Pricing and Plans subscription form.

9.2 We warrant that we will comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption and put in place, comply with and maintain codes of conduct and anti-bribery and anti-corruption policies as are appropriate to meet our statutory responsibilities.

 

9.3 Except as set out in these Terms, and to the extent permitted by law, no representation, warranties and/or conditions are given or assumed by us in relation to the Digital Platform, and you agree that you have not relied upon any other representations, warranties or conditions to enter into these Terms.

 

9.4 We shall not be liable to you for:

  • loss of profits;

  • loss of business;

  • loss or corruption of data or information;

  • business interruption or wasted expenditure;

  • loss of or wasted staff or management time; and/or

  • any kind of special, indirect, consequential loss or pure economic loss.

9.5 Our total liability to you for all claims or series of claims under these Terms whether in contract, negligence or otherwise for any damages, losses or expenses shall be limited to the Fee paid by you in the 3 (three) months preceding the date the claim arose.

 

9.6 Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation and/or any other liability that cannot lawfully be excluded under English law.

 

10. Force Majeure

10.1 For the purposes of this Condition 10, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm, epidemic or pandemic.

 

10.2 If a party is prevented, hindered or delayed from or in performing any of its obligations under these Terms by an event of Force Majeure, the affected party’s obligations under these Terms are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed.

 

11. General

11.1 We may from time to time send any important notices by email.  Such notices may relate to matters including changes to these Terms and increases to our Fees.

 

11.2 We may transfer our obligations and rights under these Terms to a third party. This may happen, for example, if we sell our business.  If this happens, we will notify you in writing.  Your  rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

 

11.3 You may not transfer your obligations and rights under these Terms without our express prior written permission.

 

11.4 These Terms are between us and you.  They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

 

11.5 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, then such provision shall be deemed severed from the remainder of these Terms.  The remainder of these Terms shall be valid and enforceable.

 

11.6 No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.

 

11.7 These Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that any dispute arising from these Terms will be subject to the exclusive jurisdiction of the English courts.