Metricell Privacy Policy

1 About Metricell
Metricell is on a mission to deliver connectivity. We work with our customers to design, deliver and manage wireless communication networks - with a shared ambition of achieving flawless network experience. We have been responsible for a number of first-to-market products, and our technology is characterised by the relentless pursuit of automation and digitalisation. This privacy policy outlines how we manage data collected via Surveyor. Surveyor empowers consumers by enabling them to test coverage and data in important locations, such as key routes and inside buildings, using an easy-to-use interface.

2 Surveyor Terms of Use
THIS IS AN AGREEMENT BETWEEN YOU ORTHE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND METRICELL LIMITED(hereinafter “Metricell”) GOVERNING YOUR USE OF METRICELL’S APPLICATIONSOFTWARE (“Surveyor”).  IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TOAGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TOUSE OUR APPLICATION AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BEAGREEING TO EVERYTHING IN OUR TERMS OF USE.

2.1 Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

2.2 Acceptance of the Terms
If you are downloading or using our Surveyor application, the following terms will automatically apply to you. To accept the Terms, you must have the legal capacity to enter into a binding agreement.

2.3 Service Description
If you are downloading or using our Surveyor application, the following terms will automatically apply to you. To accept the Terms, you must have the legal capacity to enter into a binding agreement. Surveyor will regularly transmit network performance information to Metricell Limited. This, as well as the network tests which can be initiated by Surveyor have the potential to use a large amount of data that will come off your usual data bundle (or be charged at your standard out-of-bundle rate if you have run out of bundled data). You can change Surveyor settings to use Wi-Fi only for data. Surveyor is free to download but using it requires a data connection.

2.4 Modification of Terms of Use
These Terms govern your use of the mobile applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, (collectively, the “Services”) operated by Metricell Ltd (“Metricell” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement”.

We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Metricell as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.

2.5 Personal Information and Privacy
Information you provide to Metricell through the Service is governed by Metricell’s Privacy Policy (see further Section). Your election to use the Service indicates your acceptance of the terms of Metricell’s Privacy Policy.

2.6 Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Metricell; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

2.7 Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

2.8 Data Ownership
Metricell is a data controller and data processor (terms outlined in GDPR) meaning we determine the purposes and means of processing personal data, as well as being responsible for the processing of this data. By using the Services, you agree that Metricell has the permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform such content as required as part of the normal provision of the Services.

2.9 User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Metricell will have the right to block access to or remove such content made available by you if Metricell receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Metricell for this purpose. For the procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please contact surveyorfeedback@metricell.com. If you wish to protest any blocking or removal of content by Metricell, you may do so by contacting surveyorfeedback@metricell.com.

2.10 Intellectual Property
Metricell retain and own all Intellectual Property relating to Surveyor, including all ideas, concepts, designs, software source code, technical information, inventions, specifications, marketing techniques, reports, methods, logos, images and documents.

The name "Metricell", the Metricell logo, the names of individual Services and their logos are the Intellectual Property of Metricell Limited. You agree not to display or use, in any manner, Metricell's Intellectual Property without Metricell’s prior permission.

2.11 Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Metricell expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Metricell makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Metricell, its employees or representatives shall create any warranty not expressly stated in the terms.

2.12 Limitation of Liability
You agree that Metricell shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Metricell has been advised of the possibility of such damage. In no event shall Metricell’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

2.13 Indemnification
You agree to indemnify and hold harmless Metricell, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by Metricell.

2.14 Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled under English law. Notwithstanding anything to the contrary, Metricell may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

2.15 Contact Details
If you have any questions or concerns regarding this Terms of Use you can contact us at the address set out below or by emailing surveyorfeedback@metricell.com. Metricell is headquartered at The Big Blue, 26 Foundry Lane, Horsham, United Kingdom, RH13 5PX.

3 Privacy Policy
This Policy explains how we may Process your information. This Policy may be amended or updated from time to time, so please check it regularly for updates.

Metricell Ltd (collectively, “Metricell”, “us”, “our”, or “we”), owns, operates, or provide access to, interactive website, mobile and connected applications, and other online interactive features and services, including, but not limited to, emails, newsletters, chat areas, forums, communities and contests (collectively “Services”). This Privacy Policy applies to all information collected about you by Metricell through and in relation to the Services, regardless of how it is collected or stored, and describes, among other things, the types of information collected about you when you interact with the Services, how your information may be used, when your information may be disclosed, how you can control the use and disclosure of your information, and how your information is protected.

3.1 Privacy Notice
This notice discloses the privacy practices for Surveyor and is served by: Metricell Ltd which is headquartered at The Big Blue, 26 Foundry Lane, Horsham, West Sussex, RH13 5PX, UK. The following describes how we govern the privacy of Surveyor users, our compliance with GDPR, what you need to know in regard to application, files and downloads, our cookie policy, and email practices. It also sets out crucial information on your data including what we mean by "your data", how we use it and your options for customising our use of it whether through unsubscribing, changing what communications you receive, and your right to be forgotten.  We detail your data control in the "Your Access to and Control Over Information" section including:
• What personally identifiable information is collected from you through Surveyor, how it is used and with whom it may be shared.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can see/correct/update any inaccuracies in the information we have for you.

3.2 What Information We collect
‍Metricell developed Surveyor to enable end users to test network experience. The application is aimed to help users understand their user experience. Metricell will use the data collected, after it has been anonymised, for our own reporting aiming to improve user experience of the community. We are the sole owners of the information collected via the Services. We, and only we, have the means to collect and access information that you voluntarily supply to us digitally. Metricell reserve the right to copy, distribute and utilise any non-PII data as we see fit. When conducting a test through Surveyor on any device, we collect: (a) the test results; (b) information about the approximate physical location of your device-derived from Network Data and/or Precise Location Data (if your mobile device settings allow it); and (c) Other Information, including, but not limited to, the ISP, network parameters, user experience, Wi-Fi state, hardware and device information. When you install Surveyor on your smartphone or other mobile device, Metricell may collect your Precise Location Data while you are running a test. Note, however, that we also combine this information with recent Surveyor information collected from the same device.

The Surveyor will tell Metricell information that will help to diagnose any problems with network including, but not limited to:
• Your location so we can see where any problems are
• How strong your mobile signal is
• Your phone's make, model, and its operating system
• Your battery status and charge levels

We also collect other kinds of information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
• Information about your use of the Services, such as usage data and statistical information, which may be aggregated
• Internet connection means, such as internet service provider (“ISP”), mobile operator, Wi-Fi connection, service set identifier (“SSID”)
• Device type and floor plans used in Surveyor
• Log files, which may include operating system, date/time stamps and Surveyor test results

3.3 External Website Links and Third Parties
Please be aware that we are not responsible for the content or privacy practices of external sites referenced anywhere by our Services. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

3.4 Security
We take precautions to protect your information. When you submit sensitive information via the Surveyor your information is protected both online and offline. Wherever we collect sensitive information that information is encrypted and transmitted to us in a secure way. This information sent by Surveyor is encrypted using secure HTTP protocols as it travels over our network and once received is securely stored and processed by Metricell in the UK. Metricell take the appropriate measures to protect the personal data collected through the App against loss, theft, destruction, damage and unauthorised processing or access. Metricell cannot guarantee that there will not be a breach, and are not responsible for a breach of security or the actions of third parties. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Metricell employees will be able to access and analyse data collected by our Services where the need arises, in order to undertake their roles and responsibilities within the company. The computers/servers in which we store the data are kept in a secure environment. If you have any concerns over your data, it's use, or our handling of it, please get in touch with us at surveyorfeedback@metricell.com.

3.5 Downloads and Media Files
Any downloadable documents, files or media made available on through Surveyor are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party antivirus software or similar applications. We accept no responsibility for third-party downloads and downloads provided by external third-party websites and advise users to verify their authenticity using third-party antivirus software or similar applications.

3.6 Contact Details
You can contact our data protection department at the address set out below or by emailing surveyorfeedback@metricell.com.