Last updated: 5th March 2020
Thanks very much for choosing Timetastic! We hope it makes your life a little bit easier. There are well over a hundred thousand people using Timetastic, so the only sensible way to manage the legal side of things is with standardised terms of service, and that’s what we have here:
When we say “we”, “us” or “our” in these terms of service, we mean Timetastic Ltd.
When we use the words “you”, “your”, "client", "user" we’re referring to the organisations and people who use our service, Timetastic.
“Services” refers to any product or website created and maintained by Timetastic Ltd, whether that’s available through your web browser, a desktop or mobile application;
“Personal Data” means any information relating to an identifiable person;
When you sign up and use the Services you are agreeing to the latest terms of service published here.
We may update these Terms of Service from time to time. You can follow any changes and track updates on our changelog.
Provision of services
- We use our best and reasonable endeavours to provide the Service error-free and without interruption.
- However, we don’t make any guarantees that the Service will be error-free or without interruption. And we reserve the right to alter or suspend the Service without notice.
- Keeping the Service up to date requires regular software updates. We reserve the right to modify or change the Service with or without notifying you.
- We have the right to terminate provision of the Service without prior notice.
- Keeping you informed is important and we will use our best and reasonable endeavours to provide notice whenever possible. You can follow all updates on our changelog.
Plan charges and payments
- We offer a free trial so that you can see if Timetastic works for you. We explain the length of that trial when you sign up. If, at the end of the free trial you want to keep using the Services then you’ll need to input a debit/ credit card.
- We charge your card on the day your free trial ends and monthly thereafter.
- Your first payment will be at the price advertised on the website at the time you signed up. We reserve the right to change fees from time to time.
- If you cancel, access to the Services will terminate immediately. No refunds are available.
- If your monthly payment fails to clear then access to the Services will be suspended. The Services will re-commence once a debit or credit card payment is successfully completed.
Use of the services
- Timetastic is a service for businesses, charities, and public bodies - you can use the Services only in accordance with these terms; and any relevant law and regulation in your jurisdiction.
- You may not reproduce, copy, duplicate, trade or resell the Services.
- Your right to use the Services are non-exclusive, non-transferrable and fully revocable at Timetastic’s discretion.
- The look and feel of the Services, all content (unless submitted or created by you), page layouts, workflows, and underlying code is the property of Timetastic Ltd, and is protected by applicable United Kingdom, EU, and International intellectual property laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless given express written permission from us.
- You are responsible for all content entered into your account. We don’t endorse, support, represent, or guarantee the accuracy or reliability of your content.
- By submitting or creating content you warrant and represent you are the author of the content or have the appropriate right to use the content in this fashion.
- We accept no responsibility or liability for any infringement of third party rights by your content.
Privacy and data protection
- For the purposes of understanding roles in regard to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) - Timetastic Ltd is defined as the Data Processor and the Client is the Data Controller.
- The Client, as Data Controller, appoints Timetastic as a Processor to process the Personal Data.
- Timetastic will only process the Personal Data to provide the Services in accordance with the Clients written instructions as represented by these terms, or otherwise to comply with applicable laws or regulatory requirements.
- Recognising that some fields permit Users to input free form text, anything input deemed a special category of data under GDPR will be processed pursuant to Article 9.2.b.
- Timetastic will ensure that any person with access to or processing the Personal Data is subject to a duty of confidence.
- Timetastic will take appropriate technical and organisational security measures to ensure the security of processing and protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorised access or disclosure or unlawful processing. (Some, but not all, of the steps we take are explained in our Data Security article).
- The Client authorises Timetastic to appoint sub-processors as they deem appropriate or necessary for the provision of the Services.
- New sub-processors will be published on the list of 3rd Party Apps that Timetastic uses to provide the Services. (Clients and Users can follow that list to receive email notifications of updates).
- Timetastic will assist the Client in providing subject access and allowing data subjects to exercise their rights under the GDPR.
- Timetastic will assist the Client in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments.
- Timetastic will provide mechanisms for the Client to download all Personal Data at any time, to delete the record of a single Data Subject, and to delete all Personal Data at the end of the contract.
- The Client may exercise their right of Audit under GDPR legislation through Timetastic providing an audit report not older than 18 months prepared by an independent external auditor demonstrating Timetastic’s technical and organisational measures are sufficient to meet the obligations of a Data Processor under GDPR.
- Timetastic will submit to Client audits and inspections, provided the Client pays an applicable audit fee in full, and in advance of the commencement of such audit.
- Timetastic will immediately inform the Client if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state.
- Nothing within this contract relieves Timetastic of its own direct responsibilities and liabilities under the GDPR.
- Annex 1 to these terms of service includes details of the Processing of Personal Data as required by Article 28(3) GDPR.
Disclaimer of warranties
- We make no guarantee that the Services will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
- We use our best and reasonable endeavours to make sure all information provided on the Services is accurate and up to date, however we make no guarantee that this will always be the case. We make no guarantee of any specific results from the use of the Services.
- No part of the Services is intended to constitute advice and you should not rely on the content of the Services when making any decisions or taking any action of any kind.
- Whilst every effort has been made to ensure that all descriptions of the Services correspond to the actual services available, we can’t be held responsible for any variations from these descriptions.
Uptime and availability
- The Services are provided “as is” and on an “as available” basis. We give no warranty that the Services will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- You use the Services at your own risk.
- We accept no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, acts of God or legal restrictions and censorship.
Limitation of liability
- Timetastic’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these terms shall be limited to the value of one month of your subscription at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein, to the maximum extent permitted by law, Timetastic accepts no liability. You should be aware that you use the Services and all relevant content at your own risk.
- Nothing in these terms excludes or restricts Timetastic’s liability for death or personal injury resulting from any negligence or fraud on the part of Timetastic.
Cancellation and termination
- You can cancel your account instantly at any time. We provide a cancellation function in the Services, the process is instant and automated.
- You are solely responsible for cancelling your account using this function, we don’t accept email or written requests to cancel the Services.
- If you need help cancelling please reach out to our support team.
- We strongly advise you to take a backup prior to cancelling.
- When you cancel, all access to your account will end immediately and all your data will be deleted from our live servers. Over the next 10 to 14 days your account and its content will be deleted from all backups. After this it’s not possible to recover any of your data.
- We don’t offer any pro-rata refunds against part months of usage.
- Once you have cancelled monthly payments will stop, you will not be charged anymore.
- We reserve the right to suspend or delete your account at any time if you breach these terms of service, we are required to by law, or if for any reason we are no longer able to provide the Services. Suspension means your account will be unavailable until you have resolved the situation to our mutual satisfaction.
- If we delete your account for any reason you won’t be entitled to any refund.
You may not assign, transfer, sub-contract, or in any other manner transfer the benefit and/or burden of this agreement to any third party without our prior written consent.
In the event that any of these terms are found to be invalid, that term is to be deemed severed, but does not affect the validity and enforceability of the remaining terms.
These terms set out the entire agreement and understanding between the Parties and supersede all prior oral or written agreements or understandings. Neither the User nor Timetastic shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms, save for any representation made fraudulently.
Law and jurisdiction
These terms are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction for the settlement of any dispute.
If you have any questions about these Terms of Service, please contact our support team.
This Annex includes certain details of the Processing of Personal Data as required by Article 28(3) GDPR.
Subject Matter and Duration
The subject matter and duration of the processing of the Personal Data are set out in the main Terms and this Annex.
Nature and Purpose of Processing
Timetastic is a UK headquartered provider of cloud based software designed for use by companies to help them manage and track employee absence and their associated contractual annual allowances.
Primarily this involves a web and mobile based calendar application which employees can access and from which make bookings and requests for time off. Requests are sent to their nominated approver by notification mechanisms such as email or mobile push.
Otherwise the data processing will involve any such processing as is necessary for the purpose of providing the service or complying with any regulatory or legal requirement.
Types of Personal Data Processed
We ask for your name and email address when you sign up to Timetastic. This is our primary mechanism to identify you when you log in.
For the purposes of managing your annual leave entitlement we also collect:
- Employment start date
- Work schedule and department
- Annual leave allowance
- Date and times of absences from work
- Reasons for absence from work
- Some information such as your birthday is optional
Categories of Data Subject
The personal data transferred and processed concerns the Client, their employees or contractors, or anyone else that the client at their discretion will add as a user to their account with Timetastic.
The personal data transferred to Timetastic is determined and controlled by the Customer and the Users, as such Timetastic has no control over the volume and sensitivity of the personal data transferred.
Timetastic does not intentionally collect or process any special categories of data in the provision of Timetastic.
Obligations and Rights of the Data Controller
The obligations and rights of the Data Controller are set out in the main Terms.