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Terms & Conditions

TERMS & CONDITIONS - 

This policy explains how we use any information you give to us via our website or that is supplied to us by our network of partners. It also demonstrates our commitment to data privacy and security.

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Instinctive Communications Ltd is a Data Broker working with multiple suppliers across several different collection channels to assist our clients with their Media needs.
Instinctive Communications Ltd has a strict due diligence policy ensuring that all our suppliers adhere to the highest standards of compliance.


All data that we use has a clear opt-in which is obtainable upon request and we use the data in accordance to our privacy policy as stated at the point of collection.
As a broker we pass on information to businesses we work with who we feel you have a legitimate interest to hear from.


Instinctive Communications Ltd do not hold or store any data on any individuals. When visiting our site or providing information you are doing so in accordance to The Data Protection Act 2018, General Data Protection Regulation (GDPR) (EU) and the Privacy and Electronic Communications Regulations (2003).


The data processor is Instinctive Communications Ltd who are registered with the ICO with registration number ZB612760 Instinctive Communications LTD registered address is; 17 Maple Square, Dunstable, Bedfordshire LU5 4UH.


When you volunteer your information to us or one of our selected partners it is to be contacted via the channel you have opted in to with the original supplier. These channels include Telephone, Email, Post and SMS. We only send relevant offers based on the information you have supplied to our partners. These businesses can be direct brands and advertisers and other brokers or Media agencies.

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Below is a list of industries where your information may be supplied to but not limited to:

  •  Mobility

  •  Wills

  •  Home Improvement

  •  Gaming

  •  Insurance

  •  Financial Management

  •  Charities

  •  Funeral planning

  •  Mail Order

  •  Publications

  •  Business to Business

  •  Utilities

  •  Investments

  •  Retail

  •  Automotive

  •  Entertainment & Leisure

  •  Travel

  •  Telecoms

  •  Market Research

 

YOUR RIGHTS Data protection regulations mean you have rights over how we hold and use the information we have about you:

  •  The right to be informed about the collection and use of your personal data.

  •  The right to access the personal data we hold about you at any time.

  •  The right to have your personal data amended if any of your personal data we have is inaccurate or incomplete.

  •  The right to be removed from circulation and added to our Do Not Contact file.

  •  The right to object to us using your personal data for a particular purpose or purposes.

 

You can place a Subject Access Request at any time to request we share with you the information that we have been passed by one of our suppliers, you can do this either via Email or writing to us both addresses you can find on our websites.
Positive Response Media then has 30 days to respond to your request. A full list of your rights can be found on www.ico.org.uk.


You can asked to be removed and placed on a Do Not Contact List at any time by notifying Instinctive Communications LTD and we will remove you and no longer pass your details to our partners.


Instinctive Communications LTD reserves the right to update this Privacy Policy from time to time. This policy was last updated 01/02/2023 If you would like to speak to Instinctive Communications LTD regarding any of the above, please revert to the contact details on our website.

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Terms & Conditions

Terms & Conditions Definitions and Interpretation: In these standard Instinctive Communications ltd Terms and Conditions, the words and phrases below shall have the following meaning unless stated otherwise: “Invoice” Instinctive Communications ltd invoice sent to the Purchaser to which these conditions are relevant to.


“End Client” being those mentioned on an Invoice as “End Client” and to whom the Purchaser may grant an additional license to once pre-agreed with Instinctive Communications LTD  “Purchaser” the main buyer of the Information and the party subject to these Terms and Conditions and the Invoice
“Volume” the number of Responders requested by the Purchaser in the invoice. “Order Criteria” The order placed by the purchaser this outlines the campaign, channel, volume and other aspects the purchasers order
“Cost” the amount payable by the Purchaser to Instinctive Communications LTD  for the service and license to be provided by Instinctive Communications LTD  here under and calculated in relation to the Invoice.


“Campaign” the Campaign to be compiled and executed by or in partnership with Instinctive Communications LTD which will contain the Order Criteria and chosen channel.
“Instinctive Communications LTD ” 17 Maple Square, Dunstable, Bedfordshire LU5 4UH a company incorporated and existing under the laws of England and Wales with the company registration number 14569442 . “Additional Responders” any Responders obtained by Positive Response Media which exceed the Order Volume. “Answers” The information that has been volunteered by the consumer which then makes up the information sent to the purchaser.


“Information” is the Information received from the responses provided by Instinctive Communications LTD  to the purchaser as ordered by the purchaser equivalent to an Invoice or as otherwise provided in accordance with these Terms and Conditions.
Each Invoice agreed between Instinctive Communications LTD  and the Purchaser shall be governed by these Terms and Conditions whereby any disputes were raised, the provisions as set out in the Invoice shall prevail.


Instinctive Communications LTD  reserves the right at any time up to the delivery of the Information to cancel any invoice without incurring any liability other than liability which may not by applicable law be excluded or limited, in which event no part of the Fee shall be payable by the Purchaser. The Purchaser acknowledges that Instinctive Communications LTD  has the right solely to change the targeting of the information at any time should they feel this will enhance the campaigns performance.


In consideration for and subject to the payment of, the Fee, Instinctive Communications LTD  allows the purchaser a license to use the Information subject to these Terms and Conditions. The Purchaser shall have the right to use, but not copy, alter, manipulate, adapt or license others to use, The information on one specific direct Media campaign for a maximum period of twenty eight (28) days from the date of delivery of the Information unless the leads are web based or otherwise stated on the invoice.


Web based information PPC, Social or Native channels are sold to the purchaser on a perpetuity license basis unless stated elsewhere within the invoice Instinctive Communications LTD a will deliver the Information to the Purchaser in the format laid out in the Invoice Instinctive Communications LTD does not collect any leads itself but confirms that it will use all reasonable endeavours to ensure that the relevant service providers used by Instinctive Communications LTD  do so in the correct manner and uphold all laws accordingly. Positive Response Media shall use reasonable endeavours to keep confidential that part of the Information which consists of the Order Criteria. The Purchaser shall take the relevant precautions and actions to procure that relevant End Client shall use the Information solely for its internal business purposes and as a source of reference for its circulation by Post, Telephone, Email or SMS to some of or all of the individuals listed in the Information.


Instinctive Communications LTD shall have the right to analyse the Information and formulate conclusions from such analysis and extract information and shall be entitled to use it at its sole discretion including, but not limited to, by way granting licenses to third parties and provided that nothing herein shall permit Instinctive Communications LTD to reveal to any third party the replies to any Order Criteria that related exclusively to the business of the purchaser. If a specific time and date has been agreed between Instinctive Communications LTD  and the Purchaser in the invoice, the purchaser acknowledges that such date or time shall be indicative only and that Instinctive Communications LTD  shall not be liable for any loss or damage suffered by the Purchaser as a result of late delivery of the Information.


In the event of any complaints or disputes concerning the information supplied, the Purchaser may request the investigation be carried out provided the following conditions have been met: The Purchaser or relevant End Client, must have made verbal contact with 35% or more of the lead consumers making up the information sent; The request for an investigation must have been submitted to Instinctive Communications LTD  within 7 days of the date of the first delivery of the relevant Information set On the Purchaser having requested an investigation (and having met the conditions set out above), Instinctive Communications LTD  will then revert back to the supplier of the information to raise the issue from there a decision shall be made which will then be relayed back to the purchaser. At which point if the purchaser is not happy, he would need to engage in a conversation with the initial supplier for whom Instinctive Communications LTD  will provide contact details.


The Purchaser undertakes to Instinctive Communications LTD that it will always comply with the provisions of the Data Protection Act 2018 and GDPR (or equivalent national data protection regulation) in respect of its use and storage of the Information. The Purchaser and its employees and agents shall keep confidential all information concerning the business of Instinctive Communications LTD  that it has obtained or received as a result of the performance and purchase of information.


The Purchaser undertakes to provide Instinctive Communications LTD with any notices it receives relating to any breach of the provisions and the Purchaser agrees to indemnify and hold Instinctive Communications LTD  harmless in respect of any losses and costs (including reasonable legal costs) it might sustain as a result In the event of the Purchaser being aware of any unauthorised use of any part of the Information, Purchaser must notify Instinctive Communications LTD  in writing The Fee payable in respect of each Invoice shall be set out in the relevant Order The Purchaser shall allow Instinctive Communications LTD  to include in the Information a small percentage of seed data to allow Instinctive Communications LTD  to ensure the data is being used lawfully and for its intended purpose as laid out on the invoice.


Payment of the fee specified in the invoice, irrevocably indicates your understanding and acceptance of these terms and conditions upon behalf of your organisation. In the case of regulated and or licensed market sectors, Purchaser and each End Client confirms that Purchaser is covered by and adheres to regulations and licenses set out for said market sectors and therefore allows and covers Instinctive Communications LTD  as a legal representative of Purchaser to perform the duties as set out in Invoice. In the case of any financial loss to Instinctive Communications LTD  resulting from performing the duties as set out within the Invoice in a regulated and or licensed market sector, Purchaser agrees to fully indemnify and pay all such losses in full to Instinctive Communications LTD . PInstinctive Communications LTD  reserves the right to charge interest of any sum not paid on a due date for payment at the rate of 5% per month above the prevailing Barclays Bank Base Rate, such interest to accrue daily on the unpaid sum from the due date for payment until the date of actual payment (after as well as before judgment).


Nothing in these Terms and Conditions shall be construed as limiting Instinctive Communications LTD  liability for death or personal injury caused by its negligence or liability arising as a result of fraud or fraudulent The Purchaser acknowledges with respect to the Information and related licenses to use such Information provided under these Terms and Conditions and any related Invoice, that the Purchasers sole recourse against Instinctive Communications LTD  with respect to the supply and license and use of such Information Instinctive Communications LTD shall not be liable for any losses, liabilities, costs or expenses suffered by the Purchaser, any End Client or any third party arising from the supply, license or use of such Information.


In the event that Instinctive Communications LTD  agrees to supply the information for the purpose of de-duplication against other data held by the Purchaser and on the basis that the Purchaser shall only pay a proportion of the price reflecting the net names actually used (“Net Names”) any claim for credit for the unused proportion of Information must be made within a period not exceeding 7 days from the date of delivery unless otherwise agreed in writing by Instinctive Communications LTD  ; and must be supported by a written de-duplication report or certificate from a recognised data processing bureau or other independent agency approved in writing by Instinctive Communications LTD.  If Instinctive Communications LTD obtains Additional Responders, Instinctive Communications LTD  shall be entitled to deliver and charge the Purchaser for such Additional Responders up to 20% above the Order Instinctive Communications LTD  will not deliver any more that 20% as an oversupply and thus will not charge for any Responders that may be delivered over the 20% oversupply.

 

By way of example, where the volume specified in an invoice is for 1000 Responders the campaign generates 1308 leads we will only charge for and deliver 1200 leads. Instinctive Communications LTD shall have the right to sub-contract any of its duties and obligations under these Terms and Conditions and any Order.


If Instinctive Communications LTD  has sub-contracted any of its duties and obligations such as information supply or Lead generation services, the Purchaser shall not be liable for a refund or resupply of data prior to Instinctive Communications LTD  receiving the same from the subcontractor The rights of Instinctive Communications LTD  shall not be prejudiced or restricted by any indulgence or forbearance extended by Instinctive Communications LTD  to the Purchaser and no waiver by Instinctive Communications LTD  in respect of any breach shall operate as a waiver in respect of any subsequent breach.


The Purchaser may not assign its rights under any Invoice or these Terms and Conditions without the consent of Instinctive Communications LTD  Any notices given under the Agreement shall be in writing and shall be sent by registered post or recorded delivery service addressed in the case of a notice to Instinctive Communications LTD  to Instinctive Communications LTD  Registered Office and in the case of a notice to the Purchaser to the address of the Purchaser or its representative or agent shown in Invoice.


Notices may also be served by email or provided proof of sending is given. Any Notice that is given shall be deemed served if by post forty eight hours after posting and if by email when dispatched. Instinctive Communications LTD  shall not be liable whether in tort (including for negligence or breach of statutory duty) contract, misrepresentation or otherwise for any loss of profits, loss of business, depletion in goodwill, loss of anticipated savings, loss of contract, loss of use, loss or corruption of data or information in each case whether direct or indirect or for any special, indirect, consequential or pure economic loss, costs, damages charges of expenses of the Purchaser or any End Client In any event, Instinctive Communications LTD  total aggregate liability arising out of or in connection with the performance or contemplated performance of its obligations under these Terms and Conditions and any Invoice shall be limited in respect of all claims to the amount of Fees actually received by Instinctive Communications LTD  from the Purchaser in the previous 12 month period.

 

The Purchaser agrees to indemnify and hold Instinctive Communications LTD  harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defence costs and legal fees arising from any claims made by an End Client in connection with the Information and license thereof or otherwise relating to the performance by Instinctive Communications LTD  of its obligations under these Terms and Conditions or any Invoice. The Purchaser acknowledges that Instinctive Communications LTD  has no responsibility for and gives no warranty or representation as to the performance of the Information or the rate at which it converts into actual or eventual sales or payment activity, and any Information description including the words “first”, “second” or “third” etc. usage data relates to the number of times Instinctive Communications LTD  has sold the Information. It cannot denote the preclusion of any other or prior distribution of the same or similar information by the information subject itself over which Instinctive Communications LTD has and can have no control. Instinctive Communications LTD  does not warrant that the Information is accurate or complete or that any information contained therein is accurate or complete.
The Purchaser shall not institute proceedings for damages for breach of these Terms and Conditions or arising from any Invoice after the expiration of one year from the date on which the Purchaser became aware of the same or the date on which it ought reasonably to have become aware of the same.

 

Instinctive Communications LTD  may terminate any and all Invoices forthwith on giving written notice to the Purchaser if the Purchaser commits a serious breach of these Terms and Conditions and in the event of the breach being capable of being remedied shall have failed to remedy the breach within seven days after the receipt of a request in writing from Instinctive Communications LTD  to do so, or if the Purchaser is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution, or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any jurisdiction. Terms and Conditions In the event of any termination of any Invoice (irrespective of the reasons) the Purchaser shall forthwith return any Information already delivered (including all copies) together with all other information which the Purchaser or any Client might hold on or have received from Instinctive Communications LTD  and confirm in writing that it has done Termination of an Invoice shall not affect the accrued rights or liabilities of either party.


Each execution within a series will be treated as a separate order for execution in respect of Requests for cancellation of any Invoice by the Purchaser must be made in writing stating all reasons for cancellation and must be received by Instinctive Communications LTD  at least 1 month prior to the date on which Instinctive Communications LTD  is due to begin the execution of the relevantInstinctive Communications LTD  may refuse any request for cancellation of an Invoice which does not meet these criteria.

 

Instinctive Communications LTD may refuse any cancellation of Invoice where such confirmation forms part of a series of orders which have been agreed between Instinctive Communications LTD and the Purchaser. These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the Courts of England and Wales shall be the sole courts of jurisdiction.

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