Legal

Policies

How LIQUIDIQ handles information, what you agree to when you use it, what it stores on your device, and how refunds work. Written to be read rather than skimmed past.

These are drafts, not legal advice I am not a lawyer and these documents have not been reviewed by one. They describe accurately what the software actually does, which is the hard part, but the wording and the legal positions need checking by a qualified adviser in Jamaica before you publish them. Placeholders in square brackets must be completed.

Privacy policy

Version 1.0  ·  [date]  ·  Controller: [Legal entity name], [address], Jamaica

LIQUIDIQ is a quality intelligence system for wine and spirits distributors, supplied by BoomUp Creative Agency Limited. This policy covers the LIQUIDIQ application, the LIQUIDIQ website and the BoomUp website.

Who is responsible for your information

Where you use LIQUIDIQ as an employee of a client organisation, your employer is the data controller and decides what goes into the system. BoomUp acts as a data processor, handling that information only on your employer's instructions. Where you contact us through our own website, BoomUp is the controller.

What the system holds

CategoryWhat it isWhyKept for
Account detailsName, work email, role, organisation To let you sign in and to attribute every entry to a person While the account is active, then [24] months
AuthenticationA hashed password, a session token, and a second factor secret if you enrol oneTo keep the account secure Sessions expire after [30] days; secrets are deleted when 2FA is switched off
Activity recordWhat you changed, when, and your name against it Traceability. A quality system is worthless if entries cannot be attributed [7] years, in line with food and drink traceability practice
Trade contactsCustomer or account names entered on claims and returns, and any names in free text notes To connect a complaint or a return to the account that made it [7] years
PhotographsImages uploaded as evidence on claims and reviews To settle a quality disputeWith the claim, [7] years
Commercial dataInventory, valuations, tasting records The purpose of the system. Mostly not personal information at all Controlled by your organisation
What the system does not do There is no advertising, no profiling, no automated decision making about individuals, and no selling or sharing of information with third parties for their own purposes. There are no analytics or tracking scripts of any kind on the application or either website.

Lawful basis

  • Contract for account details and authentication: without them the service cannot be provided.
  • Legitimate interests for the activity record and trade contact details: the interest is product traceability and dispute resolution, which is proportionate and expected in this industry.
  • Legal obligation where food and drink safety rules require records to be kept.
  • Consent only where you contact us voluntarily through a form, which you may withdraw at any time.

Where information is held

Data is held in a single database on a server controlled by [your organisation / BoomUp], located in [country]. Each organisation's records are separated at the database level and the server refuses any request for another organisation's data. If the server is outside Jamaica, that transfer is covered by [mechanism, for example standard contractual clauses].

Who can see your information

Only people your organisation's administrator has given an account, and only within your own organisation. Roles limit what each person may change. BoomUp staff can see organisation names and account details for support and billing; access to the contents of your book is only with your instruction.

Your rights

Under the Jamaican Data Protection Act you may ask for a copy of your information, ask for it to be corrected or erased, object to processing, or complain to the Office of the Information Commissioner. Where your employer is the controller, ask them first and they will instruct us. Contact info@boomupca.com. We respond within [30] days.

Security

Passwords are hashed and never stored in readable form, nor visible to administrators. Accounts are created by invitation and activated by the person themselves. Two step verification is available and can be required across an organisation. Repeated failed sign in attempts lock an account. All traffic is encrypted in transit. Every change is recorded with the name of the person who made it.

Breach

If information is compromised in a way that presents a risk, we will tell the affected organisation without undue delay and within [72] hours of becoming aware, and support any notification to the Information Commissioner.

Terms and conditions

Version 1.0  ·  [date]  ·  Governed by the laws of Jamaica

1. Who this is between

These terms are between BoomUp Creative Agency Limited, of [address], Jamaica, and the organisation subscribing to LIQUIDIQ. Where an individual uses the system, they do so under their organisation's subscription and these terms apply to them through it.

2. What we provide

Access to LIQUIDIQ for the subscribed organisation, for the agreed number of accounts, for the period paid for. We will provide the service with reasonable skill and care and keep it available except during planned maintenance, which we will give reasonable notice of where practical.

3. Accounts

  • Each organisation must maintain at least one active administrator. The system will not allow the last one to be removed.
  • Accounts are personal. Sharing sign in details is a breach of these terms and defeats the attribution the system exists to provide.
  • You are responsible for what is done under accounts your administrator has issued.
  • Tell us promptly if you believe an account has been compromised.

4. Your data is yours

You keep all rights in the inventory, tasting, claim and return records you enter. You grant us only the permission needed to host and display them back to you. On termination you may export everything in CSV, and we will delete your data within [90] days of a written request.

5. What the software does not do

An important limitation LIQUIDIQ records and organises quality judgements. It does not make them. Scores, bands and recommended actions are calculated from what your team enters and from your own reference rules. They are decision support, not a substitute for a qualified taster, a laboratory test, or your own regulatory obligations. You remain responsible for what you sell.

6. Acceptable use

Do not attempt to access another organisation's data, probe or interfere with the service, upload anything unlawful, or resell access without our written agreement.

7. Fees

Fees, billing period and account numbers are as set out in your order. Fees are payable in advance. We may change fees on [60] days notice, effective at your next renewal.

8. Liability

Nothing here excludes liability that cannot lawfully be excluded. Subject to that, our total liability in any twelve month period is limited to the fees you paid in that period, and we are not liable for lost profits, lost sales or indirect loss. This allocation reflects the price of the service.

9. Ending it

Either party may end the subscription at the end of a billing period on [30] days written notice. We may suspend access immediately for non payment or a serious breach, having told you why.

10. Law

These terms are governed by Jamaican law and the courts of Jamaica have exclusive jurisdiction.

Cookie policy

Version 1.0  ·  [date]
LIQUIDIQ sets no cookies at all Not on the application, not on the LIQUIDIQ website, not on the BoomUp website. There are no analytics cookies, no advertising cookies and no third party tracking of any kind.

What is stored instead

The application keeps a small amount of information in your browser's local storage, which is not a cookie and is never transmitted automatically to any server:

WhatWhyCleared when
Server address and session token So you stay signed in between visits and the app knows which server to talk to You sign out, or the session expires
Your working copy of the book So the app opens instantly and keeps working if the connection drops. It is your own organisation's data, held on your own device You clear your browser storage

Third party content

Neither website loads scripts, fonts, analytics or embedded content from third parties. Links to Instagram, Facebook, WhatsApp and image searches are ordinary outbound links: nothing is loaded from those services until you choose to follow the link, at which point their own policies apply.

Changing your mind

You can clear this storage at any time through your browser settings. Doing so signs you out and removes the offline copy. Nothing is lost that has been synchronised to the server.

Refund policy

Version 1.0  ·  [date]  ·  Applies to LIQUIDIQ subscriptions, not to goods
This covers software, not stock This policy is about subscription fees for LIQUIDIQ. It has nothing to do with returns or credits for wine and spirits sold to your customers, which are governed by your own trade terms. The Returns and Customer claims sections inside the application are where those are recorded.

First thirty days

A new subscription may be cancelled within [30] days of first sign in for a full refund of fees paid, for any reason. Tell us at info@boomupca.com and we will refund within [14] days to the original payment method. You may export your data first.

After that

  • Annual subscriptions cancelled mid term are refunded pro rata for complete unused months, less any discount that was given for paying annually.
  • Monthly subscriptions are not refunded for a part month. Cancel and access continues to the end of the period paid for.
  • Set up, migration and training are refundable only where the work has not started.

If the service fails

If LIQUIDIQ is unavailable through our fault for more than [8] consecutive working hours, you may claim a credit of [one day] of fees for each day affected. If unavailability exceeds [5] working days you may cancel immediately with a pro rata refund.

What is not refunded

  • Periods during which the service was available and accounts were active, whether or not anyone signed in.
  • Downtime caused by your own network, hosting or infrastructure where you host the server yourself.
  • Fees where a subscription was suspended for non payment or a serious breach of the terms.

How to ask

Email info@boomupca.com with the organisation name and the reason. We will answer within [5] working days.