IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE
A cookie is a small text file which we store within your computer’s web browser. We use the following cookies:-
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
You can find more information about the individual cookies we use and the purposes for which we use them in the list below:-
Cookies: .AspNetCore.Antiforgery, .AspNetCore.Cookies
Purpose: Set by .Net, required to authenticate you securely when you first sign into the application.
Purpose: Set by .Net, required for scaling the application to cater for varying customer traffic.
Purpose: Set by Azure App Insights allows user analytics to help improve our site and measure customer traffic.
Purpose: Improves performance of the site by storing frequently-accessed data.
Purpose: Securely stores your ‘Remember Me’ details to automatically reauthentication if you do not ‘Sign Out’ of the site.
Purpose: Used to verify your identity when using the software.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site.
DGauge Limited (“we”, “us”, “our”) is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read the following policy carefully to understand our views and practices regarding your personal information and how we will treat it.
For the purposes of this policy Data Protection Legislation means: (up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.),
Under the Data Protection Legislation the data controller is DGauge Limited of Unit 5, 11 Brunel Parkway, Pride Park, Derby, DE24 8HR, a limited company registered in England and Wales. Registered number: 6527181. Registered Office: Cumhill House, Pilton, Shepton Mallet, Somerset, BA4 4BG
What information do we collect from you?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- request or receive our professional services;
- provide a service or product to us;
- apply for employment;
- communicate with us directly;
- request marketing to be sent to you; or
- give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- recruitment agencies;
- business partners;
- government agencies; and
- the Official Journal of the European Union.
Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
Unfortunately the transmission of information via the internet, email and telephone is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the internet, email or telephone. Once we have received your information we will use strict procedures and security features to try to prevent unauthorised access.
How will your information be used by us?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of Data||Lawful basis for processing including basis of legitimate interest|
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
To manage our relationshi with you which will include:
To enable you to complete a survey
To administer and protect our business, our software and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
To update you, if you are a DGauge Flow user, about downtime, functionality, changes and new features of DGauge Flow
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside DGauge for marketing purposes.
You can ask us or any third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Who might we share your information with?
We may have to share your personal data with the parties set out below for the purposes set out in the table above.
- Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
- Service providers acting as processors based outside of the EEA including, but not limited to, our CRM provider (Accelo) which is based in the United States of America.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Business partners, suppliers and subcontractors for the purpose of performing our contract with you.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the section at the end of his privacy notice for further details. If you wish to exercise any of these rights, please contact the Data Privacy Manager at DGauge Limited, Unit 5, 11 Brunel Parkway, Pride Park, Derby, DE24 8HR OR email@example.com
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
YOUR LEGAL RIGHTS
You have the right to:-
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
This licence agreement (Licence) is a legal agreement between you and DGauge Ltd, registered in England and Wales with company number 06527181 (we/us/our) for the use of DGauge Flow, which includes the computer software, the data supplied with it (if any) and the associated media (Software); and any online documentation (Documentation).
IMPORTANT NOTICE TO ALL USERS
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THE SOFTWARE. WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE
1. Grant and scope of licence
1.1. In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
1.2. You accept and acknowledge that the licence granted under clause 1.1 above is made on and subject to any contract (Client Contract) entered in to between us and our client (Client), who in turn, authorises you access the Software and the Documentation under the terms of any such contract.
1.3. You may:-
a) use the Software for your internal business purposes, as authorised by us and/or the Client, subject to the terms of any applicable Client Contract; and
b) use any Documentation of the support of the use permitted under clause 1.1.
1.4. You must keep a secure password for your use of the Software and Documentation and keep that password confidential.
2.1. Except as expressly set out in this Licence or as permitted by any local law, you undertake not to:-
a) Access, store, distribute or transmit any viruses to the Software and/or the Documentation, or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or is otherwise illegal or causes damage or injury to any person or property;
b) (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Licence), attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means;
c) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
d) access all or any part of the Software and/or Documentation in order to build a product or service which competes with the Software and/or the Documentation;
e) use the Software and/or Documentation to provide services to third parties;
f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software and/or Documentation available to any third party; or
g) attempt to obtain, or assist third parties in obtaining, access to the Software and/or Documentation.
2.2. We reserve the right, without liability or prejudice to our other rights, to disable your access (and/or the access of our Client) to the Software and/or any material that breaches the provisions of this clause 2.
3. Responsibility for use
3.1. Except as expressly and specifically provided in this Licence:-
a) you assume sole responsibility for results obtained from the use of the Software and the Documentation, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Software, or any actions taken by us at yours and/or the Client’s direction;
b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Licence; and
c) the Software and the Documentation are provided to you on an "as is" basis.
4. Limitation of liability
4.1. You acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
4.2. We only supply the Software and Documentation for internal use by your business, and you agree not to use the Software or Documentation for any re-sale purposes.
4.3. You accept and acknowledge that we have entered in to a Client Contract with our Client that requires us to provide you with a licence to use the Software and/or the Documentation. To the extent that you suffer and/or otherwise incur any loss or other liability through the use of the Software and/or the Documentation (and subject to the provisions of clause 4.4 below), your claim for any such loss and/or liabilities shall be made against the Client only and, we shall not under any circumstance accept responsibility for otherwise be held liable for any loss incurred or otherwise suffered by you.
4.4. Nothing in this Licence excludes the liability of either party for:-
a) death or personal injury caused by such party’s negligence;
b) fraud or fraudulent misrepresentation; or
c) any matter in which a party cannot legally limit or exclude or attempt to limit or exclude their liability.
4.5. Subject to clause 4.4, neither party shall be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Licence.
5.1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so.
5.2. This Licence will terminate automatically (without notice) upon termination or expiry of the Client Contract (howsoever arising).
5.3. Upon termination for any reason:-
a) all rights granted to you under this Licence shall cease; and
b) you must cease all activities authorised by this Licence
6. Other important terms
6.1. No variation of this Licence shall be effective unless it is in writing and signed by us or our authorised representatives.
6.2. No failure or delay by a party to exercise any right or remedy provided under this Licence or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
6.3. Except as expressly provided in this Licence, the rights and remedies provided under the Licence are in addition to, and not exclusive of, any rights or remedies provided by law.
6.4. If any provision (or part of a provision) of this Licence is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
6.5. This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it.
6.6. The Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
6.7. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Licence or its subject matter or formation (including non-contractual disputes or claims).
Understanding the space around trains
Our purpose is to help you maximise the space and capacity for vehicles and minimise passenger stepping distances.