Explori Media Ltd – the owner of Explori, the online research software
Explori – the online research software available at www.explori.com
The Client – An organisation that purchases (a) licence(s) to use Explori
Super User – a senior representative of the Client who is responsible for overseeing the correct use of Explori on one or more events
Primary User – an employee of The Client who is responsible for using Explori within the Client and appointed by a Super user
Our Clients’ safety
Our commitment to our Clients is that their data be treated as confidential and remain safe at all times. Explori Clients each have their own private area within Explori which is protected so that only those with access to the usernames and passwords can access it. Explori’s user interface has been designed in such a way that no Client can access another Client’s data. The Clients’ data always remains their own property. Explori Media Ltd guarantees that that we will not take action to put any Client’s data in the public domain, no matter how small or inconsequential.
Data Explori Owns
Explori Media Ltd retains the right to use all client data where relevant to produce aggregated, overall market statistics and reports. In doing so, Explori guarantees that no Client’s data will ever be identifiable in the public domain. Typically this will involve producing benchmark statistics so that our clients can compare the performance of their events to the industry average. Explori Media Ltd is the exclusive owner of the aggregated market research and it is Explori Media Ltd’s prerogative to use the aggregated findings in support of our clients. However, Explori Media Ltd does retain the right to use our aggregated statistics from time to time in press materials or in any way that Explori Media Ltd deems appropriate from the promotion of our software and the promotion and education of the events industry and the wider community. To re-iterate, at no point will any individual event’s or company’s data ever be made public.
Clients using the Software in the United States of America, Canada and/or Mexico (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated December 2015 with Exhibit Surveys, Inc of 7 Hendrick Avenue, Red Bank, New Jersey 07701 (the “Agency Agreement”) under which Exhibit Surveys, Inc provides support services to Clients using the Software in Territory. Clients using the Software in the Territory permit Explori Media Ltd the right to grant Exhibit Surveys, Inc: 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.
Clients using the Software in Italy (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated January 2016 with GRS s.r.l. Via Cavalieri di Vittorio, V.14, 30030 Martellago (VE) Italy (the “Agency Agreement”) under which GRS s.r.l. provides support services to Clients using the Software in Territory. Clients using the Software in the Territory permit Explori Media Ltd the right to grant GRS s.r.l. : 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.
Clients using the Software in the Middle East and North Africa (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated May 2016 with GRS Explori, Sheikh Rashid Tower Level 7, Office 007 Dubai, United Arab Emirates (the “Agency Agreement”) under which GRS Explori provides support services to Clients using the Software in Territory. Clients using the Software in the Territory permit Explori Media Ltd the right to grant GRS Explori : 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.
Clients using the Software in Germany, Austria or Switzerland (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated October 2016 with adventics GmbH, Johann-Hackl-Ring 80, 85630 Neukeferloh / München, (the “Agency Agreement”) under which adventics provides support services to Clients using the Software in Territory. Clients using the Software in the Territory permit Explori Media Ltd the right to grant adventics : 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.
Internal Staff Policy
For the further protection and reassurance of our Clients, it is our own internal policy that all directors, employees, suppliers and anyone else who has access to Client data must sign a non-disclosure agreement guaranteeing that they will not divulge to any third party any Client’s data. By third party we mean any individual outside of our organisation (suppliers are defined as part of our organisation) with the exception of the Client themselves. In the extremely unlikely case where an individual within our organisation breaches the terms of the NDA, Explori Media Ltd guarantees to take legal action against the individual.
It is the Client’s responsibility to ensure that Super Users are appointed to oversee the correct use of Explori on all events within the Client organisation. The Client must inform Explori Media Ltd when Super users are appointed and when they cease to be a Super User i.e. if they should leave the Client’s employment or relinquish their responsibility as a Super User. The Client can control who their Super Users are within their Explori online account. Super Users have the control to appoint Primary Users to have access to Explori on each licenced event.
Explori Media Ltd endeavour to secure all the code and data to a high security standard. Explori Media Ltd takes a ‘defence in depth’ approach to security which means for example that the product and code is protected by two layers of firewalls: 1 physical and 1 cloud-hosted. We have taken measures to tighten all the code (e.g. SQL injection is not possible) and run the system on minimum footprint servers. As Explori does not take or store credit card information we do not require PCI certification but we have designed the system to exceed their standards.
Explori enforces the use of strong passwords. Passwords must not be shared. There is the facility for individual users to be added and deleted. It is the Client’s responsibility to ensure that employees who change roles or leave the organisation have their access revoked.
The Client must inform Explori Media Ltd immediately should it feel that system security has been comprised in any way within their organisation e.g. if IT equipment has been stolen.
DPA (Data Protection Act) and Unsubscribes
When using Explori’s survey email system, users have the ability to generate an unsubscribe link for each survey which will enable recipients of the email invite to opt out of the survey. This prevents Explori from sending any further reminders to those that unsubscribe. It is the Client’s responsibility to ensure that they remember to use the unsubscribe function as this is a DPA requirement.
Whether the client chooses to use Explori’s email suite or not, it is the client’s responsibility to ensure that any email database used for Explori research conforms to the DPA i.e. that they have excluded anyone that has opted out from receiving such communication from the Client.
Use of Explori’s Email Function
Explori’s email function is only to be used to send Explori surveys and not for any other communication whatsoever. In the instance that Explori’s email facility is used for any unauthorised purpose The Client will be charged a premium of 5p for each unauthorised individual email sent.
Access to Explori software is provided via the purchase of a licence for an agreed period comprising a single show cycle or a 12 month period. The licence is only activated after full payment has been received. Explori generates electronic invoices and/or statements for all Clients either in advance or at the point of payment depending on whether the Client purchases their licence(s) online or from an Explori representative.
Licence fee increases will occur either on an annual or bi-annual basis at Explori Media Ltd’s discretion. Clients will be notified of price increases no less than 4 weeks in advance of the licence renewal date. Prices increases will not take place retrospectively i.e. they will only take effect from the next renewal date.
Each Explori licence is issued to a single event / publication / attraction brand and the software is only to be used to conduct research directly related to that brand / location. Any associated or non-associated event, conference, magazine or website i.e. a distinct and separate product owned by the Client organisation is not permitted to use Explori. In the instance where any other product within the Client organisation requires the use of Explori, a licence must be purchased for the other product. In the instance where unauthorised use takes place for a product/company that does not hold a legitimate licence, the standard licence fee as agreed in the service agreement will be charged to the Client organisation. If there is any doubt as to who or which parts of the Client’s business are permitted to use Explori, please contact Explori Media Ltd.
For event clients: An event that takes place more than once per year or in more than one location requires one licence for each event i.e. if an event under the same or similar brand takes place twice a year, 2 licences are required. Events that take place less frequently than once a year need only have one licence for each show cycle. Co-located events that are marketed under separate brands are also treated as separate events and therefore require a separate licence per event.
It is the Client’s responsibility to keep their usernames and passwords safe and confidential at all times. Users are not permitted to share their access details to any other company or individual outside of the Client organisation. It is the relevant Super User’s responsibility within the Client organisation to ensure that access to Explori is only provided to those that require it for legitimate use of the software.
The licence agreement is a rolling contract which automatically renews each event cycle or licence period. There is a minimum licence period of one year for each annual event licence and 2 years for each biennial event licence. Licences for publications and visitor attraction have a period of 12 months. Once a licence fee has been paid, the licence commences. Cancellation can only take effect after the minimum licence period is complete and no refund is provided. During a licence period, the Client can cancel a licence thus preventing the automatic renewal of the licence for next licence period. The licence renewal date is exactly 12 months (or 24 months in the case of biennial events) after the initial booking or the most recent licence renewal took place. Cancellation notice must be received in writing strictly no less than 31 days before the licence renewal date. Cancellation notice received after this point will not be accepted and payment for the next licence period must be made for each licence held. Cancellation notice must be emailed to email@example.com and cancellation is only accepted from a Super User or company director. Please ensure that you apply email tracking so you can be sure that your cancellation email has been received.
Intellectual Property and Source Code
The Client agrees that it will not, directly or indirectly, or through any intermediate or ultimate parent, affiliate, holding company, subsidiary, subsidiary of any such holding company, agent or other third party:
a) sell, lease, license, sub-license, encumber or otherwise deal with the Software or Documentation or any portion of the Software or Documentation;
b) decompile, disassemble, reverse engineer or attempt in any manner to derive any source code version of the Software or any portion of the Software, unless and only to the extent required and permitted under applicable national law;
c) provide, show, disclose, divulge or make available to, or permit use of the Software by persons other than the Client's employees without Explori Media Ltd's prior written consent in line with the above Licence Conditions
d) remove or alter any copyright or other proprietary notice on any of the Software or the Documentation;
The source code and all intellectual property rights in the Software and the deliverables resulting from any Services remain the property of Explori Media Ltd at all times.
All vested, contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or created in future to which Explori Media Ltd may be entitled to shall remain the property of Explori Media Ltd. The Client shall notify Explori Media Ltd immediately if the Client becomes aware of any unauthorised use of the whole of any part of the Software by any person. The Client at no time should copy, replicate or reproduce the Software, including without limitation the back office, front of site design and layout, code or any processes involved with the Software without prior knowledge and written authorisation by Explori Media Ltd.
Changes to the Terms & Conditions
Explori Media Ltd has the right make changes to these terms and conditions where required. However, anything related to the protection and confidentiality of Client data will not be changed without a minimum ‘4 week consultation period’ whereby all clients will be notified in advance of the commencement of the consultation period and the proposed changes. In this instance, should any client not be completely satisfied with the proposed changes, they will (a) have the opportunity to feedback their feelings to Explori Media Ltd in advance of any changes taking effect and (b) have the right to cancel their licence(s) and receive a full refund for any licences that have not yet been used within the relevant licence year. At any point in time, our clients are encouraged to provide feedback of any kind via firstname.lastname@example.org or via an Explori representative.