Acceptable use policy

Last updated: December, 2023

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE BLINK APPS

Blink provides software applications which can be installed on your device or accessed from Blink’s websites, as made available by Blink from the relevant App store or website (“Blink Apps”). The Blink Apps are made available to you because we have an agreement with your company or employer who is Blink’s customer (“Company”).

This acceptable use policy sets out the content standards that apply we set when you upload content to the Blink Apps, contact and communicate with other users of the Blink Apps, link to the Blink Apps, or interact with the Blink Apps in any other way. It applies to you alongside Blink’s Privacy Policy.

Your Company may also have its own policies, guidelines and procedures relating to your use of the Blink Apps which you should be aware of and ensure you meet.

Click on the links below to go straight to more information on each area:

Who we are and how to contact us
By using the Blink Apps, you agree to comply with this policy
We may make changes to this policy
Prohibited uses
Content standards
Rights in Your Content
How you may use material in the Blink Apps
Third party services or those of your Company
Breach of this policy by you
Our liability
Notice and take-down procedures
Help

Who we are and how to contact us

www.joinblink.com and the Blink Apps are owned and operated by SuperSmashing Limited (t/a Blink), or one of our group companies. Our group company details are:

  • Super Smashing Limited, 08817286, with its registered office at 2 Westland Place, London, N1 7LP;
  • Blink Business Technologies Inc., Delaware corporation, with its registered office address at 353 West 48th Street, 4th Floor New York, NY 10036; and
  • Blink Business Technologies Pty Ltd, a proprietary company registered in New South Wales, with its registered office address at 114-120 Castlereagh Street, Sydney NSW 2000.

In this policy, “Blink”, “us”, “we” refers to these companies collectively. You may contact us either via the Blink Apps in Settings> Help, or by emailing us at support@joinblink.com.

By using the Blink Apps, you agree to comply with this policy

By using the Blink Apps, you confirm that you accept the terms of this policy and that you agree to comply with them.  If you do not agree to comply with this policy, you must not use the Blink Apps.

We may make changes to these terms

We may amend this policy and the Blink Apps from time to time and it is your responsibility to check it when using the Blink Apps. We may, but are not obliged to, notify you regarding any changes we make to this policy. You can find the latest version of this policy in Settings > Help on the Blink Apps.

Prohibited use

You may not use the Blink Apps:

  • Unless you are authorized by your Company to do so.
  • In a way that breaches any applicable local, national, or international law or regulation, or in a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming, threatening, bullying, harassing, intimidating, or humiliating (or attempting to do so) any other person in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below. 
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Blink Apps.
  • Not to access without authority, interfere with, damage, or disrupt:
    o  any part of the Blink Apps;
    o  any equipment or network on which the Blink Apps are stored;
    o  any software used in the provision of the Blink Apps; and
    o  any equipment or network or software owned or used by any third party.
  • To keep your login details safe and to not allow any other person to access the Blink Apps from your account.

Content standards

These content standards apply to any and all material which you upload to the Blink Apps, including in respect of any messages you post or send to another user within your organization, your responses, or any other user generated content (“Your Content”). 

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of Your Content as well as to the whole of Your Content. 

Blink has the right to determine, in its discretion, whether Your Content breaches these content standards. Blink may also contact or report Your Content to your Company.  

Your Content:

  • Must be accurate where it states facts.
  • Must comply with the law applicable in any country inwhich it is posted or may be received (i.e., where other users from your Company may reside).
  • Only contain opinions that are genuinely held.

Your Content must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful, or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Encourage, promote, or provide instructions for deliberate self-harm, suicide, an eating disorder, or behaviors associated with an eating disorder.
  • Promote sexually explicit material.
  • Incite violence or hatred against particular groups.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Include content that would be considered a criminal offense under laws relating to terrorism, child sexual abuse material, racism, or xenophobia.
  • Infringe any copyright, database right, trademark or any other intellectual property right of any other person.
  • Include material that might impair the physical, mental, or moral development of persons under the age of 18.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Contain illegal content or promote any illegal content or activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that it emanates from your Company or Blink if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that other users are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

As well as complying with above content standards, if any of Your Content is in the form of video content:

  • You should check first with the Company regarding advertising of the Company’s products;
  • You must not upload a video containing advertising for any of the following:
    o  cigarettes and other tobacco products, electronic cigarettes or electronic cigarette fill containers, and prescription-only medicine; or
    o  alcoholic drinks that are aimed specifically at under 18s or encourage immoderate consumption of alcohol.
  • You must identify on your video content if as far as you know or can reasonably be expected to know, any video contains advertising.

Rights in Your Content

As the Blink Apps comprise an employee communication platform, Your Content may be subject to relevant intellectual property rights of your Company. For the purpose of this section, when we refer to “Your Content”, we mean content which you initiate in some way via the Blink Apps and not necessarily as an indication of ownership of such content. 

Your Content must also be content which you are happy for us, your Company, and other users to see, view, search and/or use. Subject always to our Privacy Policy, when you upload or post Your Content: 

  • You grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce (including copying for the purpose of using automated analytical techniques to analyze text and data for patterns, trends, and other useful     information), distribute, prepare derivative works of, display, and perform it in connection with the operation Blink Apps. If you remove Your Content, we shall be entitled to store it in our backend systems unless and until you request us to delete Your Content, and only then if we are not obliged to retain it for legal or regulatory purposes or by virtue of a contract we have with your Company;
  • If applicable, you grant your Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce (including copying for the purpose of using automated analytical techniques to analyze text and data for patterns, trends, and other useful information), distribute,  prepare derivative works of, display, and perform it in connection with its business, including people management. If you remove Your Content from the Blink Apps, your Company may be entitled to store it in its own systems or backend systems unless and until you request us and/or them to delete Your Content. We or your Company may retain Your Content if it is required to for a legal or regulatory purposes or by virtue of a contract the Company has with you; and
  • To the extent you choose to post Your Content in a place visible to other users from your Company (e.g., if you have posted to the Feed to a team or in a chat  conversation with someone) you grant such other user(s) from your Company a worldwide, non-exclusive, royalty-free, transferable license to use Your Content in accordance with the functionality of the Blink Apps and/or in accordance with your Company’s purposes.

How you may use material in the Blink Apps

We are the owner or the licensee of all intellectual property rights in the Blink Apps and in the material, other than Your Content, your Company’s content, or that of other users. The Blink Apps and our content are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved. 

You must not use any part of the Blink Apps or our content for commercial purposes.

Third party services of those of your Company

The Blink Apps may contain links to other sites and resources provided by third parties or your Company, for example your Company’s intranet page or payroll provider. Such links should not be interpreted as being approved by us and you confirm you accept and understand that we have no control over the contents of those sites or resources.

Content of other users and your Company

The Blink Apps may include information and materials uploaded by other users of the Blink Apps, i.e., your colleagues. This information and these materials have not been verified or approved by us. The views expressed by other users on the BlinkApps do not represent our views or values.

Breach of this policy by you

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:
  • Notifying your Company of your breach of this policy and providing details thereof.
  • Immediate, temporary, or permanent withdrawal of your access to the Blink Apps or of Your Content.
  • Issue of a warning to you.
  • Legal action against you, including to recover any costs we incur resulting from the breach.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Our liability

The Blink Apps are made available for your Company’s internal business purposes and therefore you and any other user are using the Blink Apps as business users, and not consumers. 

We exclude all implied conditions, warranties, representations, or other terms that may apply to your use of the Blink Apps or any content on them. 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Blink App or your use of or reliance on any content displayed in the Blink Apps. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 

Notice and take-down procedures

If you spot any content on the Blink Apps which contradicts this policy, please report this immediately.  

You can do this via the “Report” function on a feed post by clicking the three dots on a post. This will raise the content with content moderators from your Company. For messages in chats, comments on Feed posts, or other content in the Blink Apps, please reach out to your Company directly. In any case, you can always contact us at support@joinblink.com or by navigating to the Settings or additionally in the “?” icon on the desktop version of the Blink Apps.  

Please note that while you may not like content posted or made available by other users or your Company, it may not contradict this policy or that of your Company’s, and therefore it may not be removed. 

Your Content may also be removed by your Company or by us, including where another user has reported it. Where required, we will let you know when Your Content has been removed and the reasons. We may not be able to do so if content has been removed by the Company or if there is an investigation ongoing in which it relates.  

You can find out more about how to report content in the helpdesk articles below:

If you have any other complaint or concern, please contact us at support@joinblink.com.

Help

For help and support regarding yours and your Company’s use of Blink, your Company is the best first point of contact as the Blink Apps are provided pursuant to their request.  If you’d like to contact us directly about this policy or about the Blink Apps, you may email support@joinblink.com. Please note we may pass your query onto your Company.

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