Terms Of Use and Privacy Policy

Terms Of Use

PLEASE READ THESE TERMS OF USE (INCORPORATING THE CONTENT STANDARDS SET OUT BELOW) BEFORE ACCESSING THIS INTERNET SITE OR ANY OF SYMPHONY RETAIL SOLUTIONS’ SOCIAL MEDIA PAGES INCLUDING BUT NOT LIMITED TO TWITTER, FACEBOOK, LINKEDIN,GOOGLE+, YOUTUBE AND SYMPHONY RETAIL SOLUTIONS BLOGGING PLATFORM (“SOCIAL MEDIA”).

BY ACCESSING www.symphonyretailsolutions.com, www.symphonyeyc.com, www.symphonygold.com, www.symphonyretailcloud.com or www.xcelerateretail.com ("THE WEBSITE") OR VIEWING OR POSTING CONTENT TO ANY SOCIAL MEDIA, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE AND PRIVACY POLICY. PLEASE NOTE THAT YOU ARE NOT ALLOWED TO ACCESS OR USE THE WEBSITE OR VIEW OR POST CONTENT TO ANY SYMPHONY RETAIL SOLUTIONS SOCIAL MEDIA IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.

This Website is operated by the Symphony Retail Solutions group of companies (the Symphony Retail Solutions group of companies includes Symphony Retail Solutions S.à.r.l, a company incorporated and existing under the laws of Luxembourg and all its affiliates and subsidiaries in Luxembourg and other countries (“Symphony Retail Solutions”), who is the data controller for the purposes of the Data Protection Act 1998).

The content and materials published on this Website are provided by Symphony Retail Solutions as a service to its customers and may be used for information purposes only. Symphony Retail Solutions reserves the right to alter the Website or any Social Media or withdraw access to it at its sole discretion. Therefore, we recommend you consult this legal notice each time you use the Website or any Social Media.

The information and material contained on the Website and the Social Media is provided for general information only and is provided "as is" without any representations or expressed or implied warranty of any kind including but not limited to warranties of quality, merchantability, title, non-infringement of intellectual property, or fitness for any particular purpose. In case this Website or any Social Media links to a page of a third party, such linking is solely for the convenience of users, and Symphony Retail Solutions assumes no responsibility for the content of third party pages or any changes or updates to such sites. These websites have their own privacy policies and Symphony Retail Solutions does not accept any responsibility or liability for these policies. Such links should not be interpreted as endorsement or approval by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.

Symphony Retail Solutions shall in no event be liable to any user of the Website or Social Media for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, even if foreseeable, (including, without limitation, indirect, incidental or consequential or special damages (including, without limitation, damages for loss of business profits, time, interruption, loss of information or other pecuniary loss)) arising under or in connection with the access or use of or inability to access or use the Website or any Social Media or the use of or reliance on any content displayed on the Website or Social Media, including any loss or damage caused by a virus or other technologically harmful material that may infect your computer or other proprietary material due to your use of the Website or Social Media or any website linked thereto.

Symphony Retail Solutions is the owner or licensee of all Intellectual Property rights in this Website and the material published on it and holds the copyright to the whole content of the Website. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of any part of the Website or its content in any form without the prior written permission of Symphony Retail Solutions is prohibited except as follows: You may download or print off copies of materials, information, data and other content included on the Website or the Symphony Retail Solutions Social Media for your non-commercial personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Symphony Retail Solutions’ status (and that of any identified contributors) as authors of the content must always be acknowledged.

If you link to the Website or any Social Media page (or if you share a Symphony Retail Solutions post on any other social media platform such as Facebook, LinkedIn or Twitter), you agree to do so in a way that is fair and legal and does not damage the reputation of Symphony Retail Solutions or its affiliates or take advantage of it. You also agree to do so in a manner which does not suggest any form of association, approval or endorsement on our part where none exists. The website or social media page in which you are providing the link must comply in all respects with our Content Standards set out below.

Symphony Retail Solutions does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology platform in order to access the Website or any Social Media pages and you should use your own virus protection software. You must not misuse the Website or Social Media by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website or any connected server, computer or database. You must not attack the Website via a denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

The Website and Social Media contains corporate logos, product names, brands and other identification symbols that are either directly or indirectly proprietary trademarks or registered trademarks of Symphony Retail Solutions and may also contain trademarks or registered trademarks proprietary to third parties. Any and all unauthorized use of such trademarks is strictly prohibited. Use of the Symphony Retail Solutions logo may be allowed with Symphony Retail Solutions’ prior written consent, which consent will be granted at Symphony Retail Solutions’ sole and unfettered discretion. For more information, please refer to these guidelines.

Content Standards

The following Content Standards are incorporated into and form part of the Terms of Use:
All comments, posts and uploads must be accurate, genuinely held and comply with all applicable laws. 

Comments, posts and uploads must NOT:

  • Contain any material which is defamatory, offensive, hateful, obscene or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other third party or person;
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity or unlawful acts;
  • Be threatening, abusive, invade another’s right to privacy, or cause annoyance, inconvenience or harassment;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or be likely to deceive any person;
  • Give the impression that they emanate from Symphony Retail Solutions;
  • Directly or indirectly transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • Transmit or upload any material that contains viruses, Trojan horses, spyware, adware or any other harmful programs/codes designed to adversely affect the operation of any computer software or hardware.

To report content on the Website or Social Media which does not comply with the above Content Standards, please email: social@eyc.com
This Website (excluding linked sites) and the foregoing Terms of Use are governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales. Symphony Retail Solutions’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right on its part.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you. 

To report content which does not comply with regard to these Terms of Use, including reporting content which does not comply with the above Content Standards, please email: privacy@eyc.com

User Generated Content

Whenever you make use of a feature that allows you to post, comment or upload content to the Website or any Social Media page or to make contact with other users of the Website or Social Media, you must comply with our Content Standards.. You hereby warrant that any comment, post, upload or contribution will comply with the Content Standards set out below, and you will be liable to us and hereby indemnify us for any loss or damage we may suffer as a result of your (a) breach of that warranty or (b) your use of the Website and any content contained in the Website.

Any content you upload to the Website or Social Media will be considered non-confidential and non-proprietary, and Symphony Retail Solutions has the right to use, copy, distribute and disclose to third parties any such content for any purpose. Any non-personal information or material sent to Symphony Retail Solutions will be deemed not to be confidential. By sending Symphony Retail Solutions any non-personal information or material, you grant Symphony Retail Solutions an unrestricted, irrevocable, royalty free, perpetual licence to use, reproduce, display, perform, modify, transmit and distribute those materials or information. Notwithstanding the foregoing, Symphony Retail Solutions reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.

Symphony Retail Solutions also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website or Social Media constitutes a violation of their rights including, without limitation, defamatory content or content which violates their intellectual property rights or right to privacy.

Symphony Retail Solutions will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website or the Social Media.

Symphony Retail Solutions moderates all comments, posts and uploads to the Website and Social Media and reserves the right to remove any post, comment or upload which contravenes these Terms of Use (including the Content Standards), as determined in our sole discretion.

The views expressed by other users on the Website and Social Media (for example through posts, comments and uploads) do not represent our views or values, similarly, if Symphony Retail Solutions elects to follow a Twitter user or to recognize a Facebook page, we are not endorsing or approving that user or content.

Privacy Policy

This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the Website you are accepting and consenting to the practices described in this Policy. For the purposes of the Data Protection Act 1998, the Data Controller is Symphony Retail Solutions.

Some special sections and services of this Website require you to submit some personal details and specific logins may be required to gain access to restricted areas on the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Symphony Retail Solutions uses information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer. 
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To allow you to participate in interactive features of our service, when you choose to do so.

By using this Website, you consent to this processing by Symphony Retail Solutions. Unless otherwise specified or as permitted or required by applicable law, this data will not be divulged or shared with third parties for any reason whatsoever.

You are further informed that, for the purposes described in this Policy, Symphony Retail Solutions needs to transfer your personal information to its affiliates and/or subsidiaries, in countries in the world where Symphony Retail Solutions has operations and does business, including countries outside of the EEA. By submitting your personal information, you consent to such information being transferred to countries outside of the EEA. You may object to these transfers by sending an e-mail to the following address: privacy@eyc.com but then Symphony Retail Solutions may be unable to process your request.

You are also informed that you have a right to access and to rectify the data concerning you, as well as to object to the processing of your personal data by Symphony Retail Solutions. You may exercise these rights at any time by sending an email to the following address: privacy@eyc.com. We will deal with your request as promptly as possible.

The use of the Website may also require the installation of cookies on your computer. These devices are aimed at facilitating your identification in order to make the use of the Website easier for you. You can find the Symphony Retail Solutions Cookie Policy here.

Nevertheless, you can choose not to allow cookies to be installed on your computer by modifying the settings of your browser software. How to update your browser settings.

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy.

Contact

Questions, comments and requests regarding this Policy are welcomed and should be addressed to privacy@eyc.com