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Terms 2018

Terms 2018


Termini

Definitions

 

 

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 products

Primary User – an employee of The Client who is responsible for using Explori within the Client and appointed by a Super user



Confidentiality 

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 without the Client’s express permission.

Data Explori Owns
Explori Media Ltd retains the right to use all anonymised client data where relevant to produce aggregated, overall market statistics and reports. In doing so, Explori guarantees that no Client’s or individual’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, individual event’s or company’s data ever be made public.

 

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 the APAC region (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated March 2017 with Business Strategies Group, Suite 4114, Hong Kong Plaza, 188 Connaught Road West, Hong Kong, (the “Agency Agreement”) under which Business Strategies Group 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 Business Strategies Group : 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.

System Security
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.

 

Passwords
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, either by updating the system directly, or requesting via support@explori.com
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.

 

Super Users
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.

Unsubscribes
It is a requirement of using the platform that an unsubscribe link and information regarding the sender’s privacy policy is included with every survey send.This is enforced in the Explori email platform and the Client must not attempt to circumnavigate this.


If the Client elects to distribute a survey using an alternative email platform, it is the Client’s responsibility to ensure that any email database used for Explori research has been gathered in a manner that complies with General Data Protection Regulations (GDPR) if it contains the information of any EU citizen, or other relevant local legislation.


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.

 

Processing of Personal Data

 

Explori warrants that they will:

 

  • only act on the written instructions of the Client;
  • ensure that people processing the data are subject to a duty of confidence; for example in the form of a Non-Disclosure Agreement or Employment Contract;
  • ensure that people collecting and processing the data have sufficient training in the appropriate handling of personal data and the relevant legislation;
  • take appropriate measures to ensure the security of processing, including reasonable precautions to secure the data from accidental or unauthorised access whether physical or virtual;
  • will promptly notify the Client of any accidental or unauthorised access;
  • not to suffer the transfer of personal data via unsecure methods
  • only engage sub-processors with the prior consent of the Client and under a written contract;
  • assist the Client in providing subject access and allowing data subjects to exercise their rights under the General Data Protection Regulations (GDPR) or other relevant legislation;
  • will promptly notify the Client about any request received directly from a data subject without responding to that request unless it has been otherwise authorised to do so;
  • assist the Client in meeting its GDPR and other legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
  • delete all personal data at the end of the contract.Unless agreed otherwise, the deletion schedule is one month after survey close for non-completes and a maximum of 12 months after survey close for completes; and
  • submit to audits and inspections, provide the Client with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the Client immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state.
  •  indemnify the Client against the  Client's entitlement under Data Protection Law to claim compensation from Explori for any claims resulting from a breach of Data Protection Law, to which the Supplier contributed.  The Explori shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject.
    For the avoidance of doubt, Explori shall only be liable to make payment to the Client under this clause on receipt of evidence from the Client that reasonably demonstrates Explori:
    a) has breached Data Protection Law;

    b) that such breach has contributed (in part or full) to the harm caused and entitling the relevant data subject to receive compensation in accordance with     Data Protection Law; and
    c) the proportion of responsibility for the harm caused to the relevant data subject which is attributable to Explori

 

 

 

 

The Client warrants that they will:

 

  • only provide or upload data for processing that has been collected in compliance with GDPR if it contains the personal data of EU citizens, or other applicable local regulations designed to protect personal data;
  • ensure that only authorised team members have access to personal data via the Explori platform, including the appropriate use of passwords and promptly informing Explori should access rights need to change;
  • take appropriate measures to ensure the security of processing, including reasonable precautions to secure the data from accidental or unauthorised access whether physical or virtual;
  • will promptly notify Explori of any accidental or unauthorised access;
  • not to suffer the transfer of personal data via unsecure methods;
  • assist the Explori in providing subject access and allowing data subjects to exercise their rights under the GDPR or other relevant legislation;
  • will promptly notify Explori about any request received directly from a data subject that requires action on the part of Explori
  • assist Explori in meeting its GDPR and other relevant legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
  • not ask Explori to undertake any processing that is not compliant with GDPR or other relevant legislation
  • indemnify Explori against Explori's entitlement under Data Protection Law to claim compensation from the Client for any claims resulting from a breach of Data Protection Law, to which the Client contributed.  The Client shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject.
    For the avoidance of doubt, the Client shall only be liable to make payment to the Explori under this clause on receipt of evidence from Explori that reasonably demonstrates the Client:
    a) has breached Data Protection Law;

    b) that such breach has contributed (in part or full) to the harm caused and entitling the relevant data subject to receive compensation in accordance with     Data Protection Law; and
    c) the proportion of responsibility for the harm caused to the relevant data subject which is attributable to the Client

 

Explori reserves the right to decline to perform any tasks under this agreement which to the best of their belief are not compliant with GDPR or other relevant legislation, without penalty and without invalidating any other part of this agreement.

 

Non-solicitation

For the duration of the contract and for a period of six month after, neither the Client nor Explori will attempt to solicit for employment any member of the project team, nor any other team member closely related to the delivery of the contract.

 

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.

Payment Terms
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.

Price Increases
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.

Licence Conditions
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.

Cancellation
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 attractions 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 cancellations@explori.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.

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 feedback@explori.com or via an Explori representative.

Find out more about Explori and how we can help you now

Our Stats

2,900,978

Event survey responses

1,827

Events globally already 
benchmarking with Explori

17

Average completion rate 
to clients' post-show surveys 

What they say

  • With Explori’s reports and analytics, we’re much better equipped to evaluate the customers' satisfaction and needs from our events
    Paul Byrom
    MD, Upper Street Events
  • The level of performance data and customer insight that Explori gives us is invaluable to our business and makes my life easier.
    Matthew Benyon
    MD, easyFairs UK
  • We wanted deeper insight into how our strategies impacted the delegate experience, but found conventional survey tools just couldn't deliver. Moving to Explori has completely changed this.
    Jan Barthelemy
    Head of AU & NZ Digital Marketing dmg events
  • We work with Explori to gain deeper insights into our events. The ability to compare results directly with similar events in our portfolio and against industry standards will be incredibly helpful
    Baris Onay
    Group Marketing & Digital Director, ITE
  • Analysis that could have taken the team days was available within hours of the survey going live. We could immediately see how the new German events had performed, against the context of our existing shows. Information like this is essential for informing future business strategy.
    Austen Hawkins
    MD, F2F Events
  • Robust performance metrics and customer feedback is essential for achieving maximum customer satisfaction. Explori will allow us to reach all our exposition delegates regardless of language or location.
    Art Paredes
    Sr. Director, Global Expos, SEMI
  • Explori helps us gain deep insights into the customer experience across our business. Without it, understanding our key performance metrics would be considerably more challenging.
    Andrew Evans
    (former) MD, Centaur Exhibitions
  • Our expansion plans are about both organic and acquired growth and Explori is key to our ability to understand the health and performance of existing assets, as well as those that we’re looking to acquire.
    Renaud Hamaide
    CEO, Comexposium

Our Clients