Terms & Privacy Policies

Last Updated on April 18, 2020

Senter Software Limited Terms of Service

1. Account Terms:

1. You warrant that you are 18 years of age or older

2. You warrant that you are a human, and not a computer service or automated “bot”

3. You warrant that you have provided accurate and valid information requested during the registration process

4. You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.

5. You are prohibited from violating, or attempting to violate, the security of the Service.

6. You warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Senter or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Senter customer, employee, member, or officer.

7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Senter.

8. You understand that Senter uses third party vendors and hosting partners to provide the necessary software, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Senter, we reserve the right to limit your bandwidth to the Service.

2. Payments, Refunds, Upgrading or Downgrading

1. A valid credit card is required for paying accounts. Your credit card statement will show a payment to “Senter Software Limited”.

2. The Service is billed in advance on a monthly basis and is non-refundable. However, Senter will charge your credit card a prorated amount for any upgrade or downgrade in plan level or addition of a new user immediately.

3. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, removal of staff or refunds for months unused with an open account.

4. Purchased SMS credits will not be refunded, including as a result of cancellation.

5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Senter does not accept any liability for such loss.

6. The free trial will begin the day the account is opened and will end at the earlier of:

o When 7 days have passed; or

o When SMS credits are purchased; or

o When a subscription has been purchased.

In order to continue using the Service after the free trial a valid credit card must be added to your account.

3. Cancelling your account

Senter accounts can be cancelled by emailing us at support@senterhq.com with a cancellation request. Once we have processed your cancellation request:

Your account will be deactivated and can no longer be accessed;

1. Your account will no longer be charged;

2. All of your rights granted under these Terms will immediately come to an end; and

3. All of your data and content may be deleted from our systems (on request).

We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

4. Service and Pricing Modification:

1. Senter reserves the right to modify or remove parts the Service at any time. Senter will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.

2. Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Senter. Such notice may be provided by posting the changes to the Site or the Service itself.

3. Senter shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Copyright:

1. You acknowledge that the Service is licensed to you and that Senter retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Senters prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Senter (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

2. Senter claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.

6. Disclaimers

1. Senter is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Senter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Senter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.

2. Senter does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and Senter disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Senter cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Senter or any of Senters business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Senter has been advised of the possibility of such damages.

6. Indemnity

You agree to indemnify and hold Senter, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.

7. General Terms

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

8. Fair Use Policy:

Where SMS features are used, it is expected that you will only message receipts who expect your message and have subscribed to receive marketing communications from you.

Where your usage exceeds Senters anticipated fair use norms for your business, Senter may limit or suspend the SMS feature. Your prolonged over usage of the SMS feature may result in Senter either terminating your account or requesting that you forecast and pay for additional usage over and above anticipated fair use norms. Senter reserves the right to determine fair use norms in each instance and enforce this policy in its sole discretion

Privacy Policy

Introduction:

When signing up for or using Senter you are entrusting Senter with the protection and sensitivity of your information, and that of your customers. This is a responsibility we take very seriously. This document is intended to outline what we collect, how we store it, what we do with it, and what your rights are as it relates to that data.

Scope of Privacy Policy

This privacy policy is intended to apply to individuals or entities who use Senters websites, mobile applications, products and services (collectively, “Services”). For the purposes of this Policy, “User”, as the term is used here, refers to an individual or an entity that uses our Services, referred to as “User” or “Users”.

Any reference to Personal Data means any information stored by Senter that could lead to an individual person being identified either directly or indirectly. This may include but is not limited to name, email address, phone and mobile number, street or postal address, IP address etc. By registering for Senter you acknowledge the collection, transfer, storage, processing, disclosure and other uses of your information as outlined in this privacy policy.

User Information, being personal information relating to our Users and (where applicable) their businesses. We collect this information so that we can provide our Services to those Users. For the purposes of GDPR in the European Union, we are the ‘data controller’ of this User Information and we collect and store it for the purposes of providing our Services to Users and maintaining records and contact details relating to those Services and Users. This policy sets out how Senter process your information as a User.

Customer Information, being personal information relating to individuals with whom our Users interact (such as customers of their businesses). Users of our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by individuals with whom our Users interact. We collect information under the direction of our Users, and have no direct relationship with individuals whose personal information we process in connection with the use of our Services. If you are a User providing information (including personal information) about someone else, you must have the legal ability to do so and, if necessary, inform them about how their personal information will be used (as described in this Privacy Policy). If you are an individual who interacts with a User using our Services – for instance if you’re an employee or customer of a business – that User is the controller of your information and you should contact them directly (e.g. – the owner or manager of the business) – for assistance with any requests or questions relating to your personal information.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs)

• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)

• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)

• Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

• To send periodic emails

• The email address and mobile number you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you subscribe, purchase a subscription or enter, submit, or access your personal information.

All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Email communication

Senter sends billing information, product information, Service updates and Service notifications to you via email. Our emails will contain clear and obvious instructions describing how you can choose to be removed from any mailing list not essential to the Service. Senter will remove you at your request.

Text Messages

Sending text messages requires you to feed phone numbers or recipient names into our importer. We will store and use this data to show you campaign analytics and results including message delivery status and sent status. If you decide to use our link shortener in text messages, we will collect information on whether the link was clicked or not and use it to display results in your analytics.

Any other third party service that you may decide to use outside of the scope of senterhq.com (third party link shortener, GA tracking, etc) you must refer to their specific third party policies which you will need to agree with. Upon sending the text messages, we will pass the data to our text message operator Amazon to fulfil their delivery.

If your recipients no longer with to receive messages, they have to reply to the message with STOP or reach out to us, we can unsubscribe them successfully.

Data Sharing

Senter works with a number of third parties and partners who help us provide the Senter service to our Users. Examples include hosting services, accounting services, business intelligence platforms, email and SMS partners, customer relationship management services, customer support platforms and more. In order to supply the Senter service, Senter may send them Personal Data for storage or processing. Senter has taken steps to ensure that each partner or third party involved treats the Personal Data in accordance with the privacy laws and legislation of our Users’ jurisdictions.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Other than stated above, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. By opting to take up these third party products you agree to Senter providing your information to these third parties and you acknowledge that these third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Access to your account

To quickly and efficiently resolve customer support issues related to your account, you consent to us logging into your account from time-to-time. If you do not wish us to access your account, then you may notify us in writing.

Cross Border Transfer

To bring you Services, we operate globally. In order to do so, your personal information may be transferred to, and processed in countries other than the country you live in, outside of your home country, including to Australia, New Zealand, United Kingdom and the United States. These countries may have laws different to what you’re used to. Rest assured, where we disclose Personal Data to a third party in another country, we put safeguards in place to ensure your Personal Data remains protected.

Specifically, Senter hosts data with Amazon AWS in the United States and in Australia. This means that your personal information will be transferred to the US or to Australia. The servers on which personal information is stored are kept in a controlled and secure environment.

European Economic Area (EEA) users: This means that your information may be transferred outside of the EEA. Where your personal information is transferred outside the EEA, it will only be transferred to countries that have been deemed to provide adequate protection for EEA information (like New Zealand and Australia), or to a third party where we have approved transfer mechanisms in place to protect your personal information – 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).

Australian users: The third parties we share data with do not control, and are not permitted to access or use your Personal Data, except for the limited purpose it was provided. This means that, for the purposes of Australian privacy legislation and Australian users, Senter does not disclose Personal Data to third parties located overseas.

Children’s Personal Information

We don’t provide Senter subscriptions for purchase by children. If you’re under 18, you may use Senter only with the involvement of a parent or guardian.

Deactivating your account

If you wish to deactivate your Senter account, please email us at support@senterhq.com requesting we deactivate your account.

Your European Privacy Rights

In addition to the rights listed above, if you are in the EEA you also have rights to:

• Know what personal information we hold about you, and to make sure it’s correct and up to date

• Request a copy of your personal information or ask us to restrict processing of or delete it

• Object to our continued processing of your personal information and to request a permanent deletion of your data

For more information about your European Privacy Rights, please see the GDPR help guide listed on the Information Commissioners Office.

If you’re not happy with how we are processing your personal information, you have the right to complain to your local information protection authority. Your local data protection authority will be able to give you more information on how to submit a complaint.

You can request to exercise these rights by emailing support@senterhq.com. We will process your request within 30 days of receiving your request. Note that we may require proof of identification before we process your request.

Your consent

By using our site, you consent to our Privacy Policy.

Changes to our Privacy Policy:

If we decide to change our privacy policy, we will post those changes on this page.

Contact us:

If you have any questions regarding this privacy policy, email us at support@senterhq.com.