TERMS OF USE FOR SKY ANALYTICS/SKY ADMANAGER

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB PORTAL

Last updated: 08 April 2024

These Terms and Conditions shall apply to Your use of the Sky Analytics / Sky AdManager web portal located at https://www.analytics.sky or https://www.admanager.sky (the “Web Portal”).

By ticking “I agree to the terms of use” and/or by using the Web Portal You agree to be bound by these Terms and Conditions. If You do not wish to be bound by these Terms and Conditions, You must not use the Web Portal.

We may change these Terms and Conditions from time to time and so You should check these regularly. Your use of the Web Portal will be deemed an acceptance of the terms existing at that time.

We may update the Web Portal from time to time, and may change the content, functionality and layout at any time.

At present the Web Portal is made available to You free of charge, however We reserve the right to change this at any time

1. Definitions

  • 1.1 “Applicable Data Protection Law” means (a) prior to 25 May 2018, the Data Protection Directive (95/46/EC), or, from 25 May 2018, the General Data Protection Regulation (EU 2016/679), and (b) the Directive on privacy and electronic communications (2002/58/EC, as amended), as well as, for each of (a) and (b) above, all Laws implementing such Directives and/or Regulation, as amended or updated from time to time. In the event, any such Directive, Regulation or Laws are repealed or replaced, the successor legislation to such repealed or replaced Directive, Regulation and/or Law shall be deemed to constitute Applicable Data Protection Law
  • 1.2 “Authorised Users” means individual users authorised by You to use the Web Portal and who You have supplied user identification codes and passwords to. Authorised Users may include Your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any of Our competitors.
  • 1.3 “User Information” means the personal details, which may be provided by You to Us via the Web Portal.
  • 1.4 "Web Portal" shall have the meaning as set out above.
  • 1.5 "You" means you, the user of the Web Portal and "Your" shall be interpreted accordingly. "We/Us" means Sky UK Limited of Grant Way, Isleworth, Middlesex TW7 5QD and "Our" shall be interpreted accordingly.

2. ACCEPTABLE USE

You agree that any use by You of the Web Portal shall be in accordance with the following conditions:

  • 2.1 You will not post or transmit through the Web Portal any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon Our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience.
  • 2.2 You must not upload, post, or otherwise transmit any content that includes any of the following inappropriate content:
    • a) Any personal information belonging to either You or another person, such as full name, address, phone number, email address without obtaining and maintaining all necessary licences, permissions and consents which may be required. You shall also ensure that no personal data (as defined in Applicable Data Protection Law) is uploaded to the Web Portal without ensuring that You, or Your business, has entered into a data processing agreement with Us. You further agree to comply with any obligations relating to such data outlined in that agreement;
    • b) Spam, such as advertisements for other websites and services, or other commercial solicitation; chain letters, pyramid schemes, polls or petitions;
    • c) Include URLs of third party websites which may contain offensive or illegal material; and
    • d) Postings that break the law, or encourage/support breaking the law. This includes libel, contempt of court and breach of copyright.
    • e) Posting a link directing users to any information or content that, if posted on the Site would constitute a violation of the Guidelines or Terms of Use.
    • f) You must not evade bans or suspensions or otherwise disregard directions given by Us.
  • 2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material or content on the Web Portal except as is strictly necessary for the internal business purposes of Your business. You must not reverse engineer, decompile, disassemble any material or content supplied as part of the Web Portal.
  • 2.4 You will not access the Web Portal by automated means or otherwise for the purposes of scraping, extracting, or otherwise obtaining any material from the Web Portal for use within a third party website or application.
  • 2.5 You will not do anything that affects the operability or security of the Web Portal or causes unreasonable inconvenience or offence or disruption to Our staff.
  • 2.6 You agree not to use the Site (or any part of it) to:
    • a) Solicit personal information, email addresses, contact information, passwords or other personally identifying information.
    • b) Provide false or misleading information about yourself or your business, or create a false identity or use or attempt to use another’s account or identity.
  • 2.7 You are responsible for making all arrangements necessary for You to have access to the Web Portal, including providing Us with, and maintaining, Your name and valid, manned email address.
  • 2.8 We will provide You with a user identification code and password as part of Our security procedures. You must treat such information as confidential. You must not disclose it to any third party. You are also responsible for ensuring that no other person gains access to the Web Portal through Your user identification code and password. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us. To contact Us, email support@analytics.sky
  • 2.9 You must not make the Web Portal available to anyone other than to Your Authorised Users. You must not allow more than one individual Authorised User to use a single identification code and password. You must ensure Your Authorised Users are made aware of the confidentiality requirements detailed at clause 2.8 above. You must not sell, trade, or otherwise transfer an identification code and password to another party.
  • 2.10 You must immediately inform the organisation, employer or other legal entity that issued You with Your identification code and password if you leave the aforementioned or if your job role changes. It is Your sole responsibility to ensure that Your permissions and access rights to the Web Portal are suitably changed or deactivated. If You provide user identification codes and passwords to Your Authorised Users, You must make them aware of the requirement in this clause.
  • 2.11 You will disclose to Us any web beacons, Pixel tags, 1x1 gifs, cookies, the use of "Pixel piggybacking" or similar technology used by You to record consumer information or interactions on the Web Portal. We will, at Our sole discretion, approve or reject the use of such technology within a reasonable period after receiving such notice.

3. CONFIDENTIALITY

  • 3.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted below.
  • 3.2 Each party may disclose the other party's confidential information to such of its (and to such of its affiliates) directors, advisers, sub-contractors or employee or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  • 3.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

4. PRIVACY

  • 4.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
  • 4.2 We will not use the information You provide to Us for any purpose that is not set out on the Web Portal, in these Terms and Conditions or in Our Privacy Policy, details of which can be viewed at the following web page: http://help.sky.com/articles/sky-privacy-and-cookies-notice.
  • 4.3 To notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes, email support@analytics.sky.

5. INTELLECTUAL PROPERTY

  • 5.1 Unless otherwise agreed in a separate signed agreement, all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Web Portal shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. If you do use this material, Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • 5.2 You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
  • 5.3 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately. To contact Us, email support@analytics.sky
  • 5.4 You acknowledge that by posting data or materials on the Web Portal You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Web Portal and in any other manner. The licence extends to storing, copying, adapting and editing the data or materials.
  • 5.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. LIABILITY FOR AND INFORMATION PROVIDED ON THE WEB PORTAL

  • 6.1 We will endeavour to provide the Web Portal using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Web Portal and do not promise that the material or content contained in the Web Portal, or any of the functions contained in the Web Portal or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
  • 6.2 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Web Portal.

7. HARMFUL CODE

  • 7.1 We do not guarantee that our site will be secure or free from bugs or viruses
  • 7.2 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Web Portal. You should use Your own virus protection software.
  • 7.3 You must not misuse the Web Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Portal, the server on which the Web Portal is stored or any server, computer or database connected to the Web Portal. You must not attack the Web Portal via a denial-of-service attack or a distributed 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 our site will cease immediately.

8. INDEMNITY

  • 8.1 You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Web Portal.

9. TERMINATION

  • 9.1 We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
  • 9.2 We reserve the right immediately to terminate Your use of the Web Portal if You breach or We have reasonable grounds to believe that You are likely to breach these Terms and Conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

10. THIRD PARTY WEBSITES

  • 10.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Web Portal.
  • 10.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
  • 10.3 Any dealings between You and any third party advertisers or merchants found on or via the Web Portal, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

11. MAINTENANCE

  • 11.1 We will endeavour to ensure this Web Portal is available for Your use between 0900 and 1730 GMT Monday to Friday (excluding national and bank holidays) without interruption by any event within Our control. In the event of any planned maintenance and/or updates a holding page will be displayed on the Web Portal and where possible We will email You 24 hours in advance of such an event

12. GENERAL

  • 12.1 If any court or regulator decides that any provision of these Terms and Conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
  • 12.2 Governing Law. These Terms and Conditions and the Web Portal are governed by English law. Disputes shall be dealt with by the English courts.
  • 12.3 Third Party Rights. These Terms and Conditions apply between Us and You. No other person is entitled to benefit under these Terms and Conditions.

13. FEEDBACK

  • 13.1 As part of our commitment to ensuring the Web Portal is one You want to visit time and time again, We welcome your comments on any of the policies or rules set out herein. To contact Us, email support@analytics.sky

14. CORPORATE INFORMATION

  • 14.1 Sky UK Limited (Registration No. 2906991), Sky Interactive Limited (Registration No. 3554332), Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of Sky plc (Registration No. 2247735). Our UK VAT number is 440 6274 67. All of the companies mentioned in this paragraph are incorporated in England and Wales and share the same registered office at Grant Way, Isleworth, Middlesex TW7 5QD.