1. About These Terms

1.1 These Terms ("Terms") govern the call tracking services ("Call Tracking") provided by Winston Web Co Ltd (company number 15016093), a company registered in England and Wales, whose registered office is at Unit 5c, the Stables, Tusmore, Bicester, OX27 7SL ("we", "us", "our"), to you as a client ("you", "your").

1.2 By using our Call Tracking service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a business or other legal entity, you confirm that you have the authority to bind that entity to these Terms.

1.3 These Terms should be read alongside our main Terms of Service and Privacy Policy. In the event of any conflict between these Terms and our main Terms of Service in relation to Call Tracking, these Terms take precedence.

2. Definitions

In these Terms, the following terms have the meanings set out below.

"Call Data" means any data generated through the Call Tracking service, including caller telephone numbers, call recordings, call durations, caller ID information, transcriptions, advertising attribution data, and any associated metadata.

"Call Tracking" means the call tracking service we provide using the Nimbata platform, including tracking number provisioning, call forwarding, call analytics, call recording, and related features.

"End User" means any person who calls a Tracking Number assigned to your account.

"Nimbata" means Nimbata, LLC, the third-party platform provider through which we deliver the Call Tracking service. Nimbata’s Terms of Service are available at https://www.nimbata.com/terms-and-conditions.

"Tracking Number" means a telephone number provisioned through the Nimbata platform and assigned to your account for the purposes of the Call Tracking service.

"UK GDPR" means the UK General Data Protection Regulation as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018.

3. The Call Tracking Service

3.1 We provide Call Tracking as part of our search engine optimisation (SEO), advertising management, and website management services. Its purpose is to help measure the performance of your marketing activity by tracking inbound call volumes, identifying call sources, and, where possible, classifying calls as leads or other enquiry types. Call Tracking is not a standalone service and is not charged for separately.

3.2 The Call Tracking service is delivered via the Nimbata platform, operated by Nimbata, LLC. By using our Call Tracking service, you acknowledge that Nimbata’s Terms of Service also apply to your use of the platform. You should read those terms before using the service. They are available at https://nimbata.com/terms-of-service.

3.3 We are responsible for setting up and managing your Call Tracking configuration. Day-to-day platform functionality is provided by Nimbata. Their terms govern the operation of the underlying platform.

3.4 Features available through the service may include, depending on your package: Tracking Number provisioning; call forwarding to your nominated destination number(s); caller ID and advertising attribution data; call recording (where enabled by you); call transcription (where enabled by you); and call analytics reporting.

3.5 Call tracking data is provided for indicative performance measurement purposes only. We make no guarantee as to the accuracy, completeness, or reliability of any call data, source attribution, or performance metrics generated through the service. Factors outside our control — including platform limitations, network conditions, dynamic number insertion behaviour, and third-party data quality — may affect results. Call tracking data should be treated as one indicator alongside other performance measures and should not be relied upon as a definitive record of call volumes or marketing performance.

3.6 In some cases, a Tracking Number may be configured to serve as your primary published business telephone number. If you wish to retain a Tracking Number following a change or termination of services, porting that number away from the Nimbata platform to another telecommunications provider may be available. Please enquire with us if this applies to you. Please note that Nimbata reserves the right to pass through any carrier-imposed porting costs, which will be your responsibility.

4. Your Obligations

4.1 You must use the Call Tracking service only for lawful purposes, in accordance with these Terms, Nimbata’s Acceptable Use Policy, and all applicable laws and regulations.

4.2 You must not use the service to:

(a) engage in any unlawful, fraudulent, or deceptive activity;

(b) process or collect data about callers without their knowledge or consent, except to the extent permitted by applicable law;

(c) manipulate or attempt to circumvent any phone-based systems; or

(d) engage in or facilitate harassment, nuisance, or abuse.

4.3 You are solely responsible for ensuring that your use of the Call Tracking service complies with all applicable laws and regulations, including but not limited to telecommunications law, consumer protection law, and privacy and data protection law.

4.4 You must ensure that callers are made appropriately aware of any data processing activity, and in particular that calls are being tracked and, where applicable, recorded.

5. Call Recording

5.1 Call recording is an optional and opt out feature available through the Nimbata platform. Enabling call recording is entirely your decision, and you are solely responsible for compliance with all applicable laws and regulations governing the recording of telephone conversations.

5.2 In the United Kingdom, the relevant legislation includes the Regulation of Investigatory Powers Act 2000 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. These require that callers are notified that their call may be recorded before the recording begins. This is typically delivered by an automated voice message played to the caller prior to connection.

5.3 If you operate in, or receive calls from, multiple jurisdictions, laws governing call recording vary by country and region. You are responsible for understanding and complying with the laws of each relevant jurisdiction.

5.4 We and Nimbata accept no liability whatsoever for any failure by you to comply with applicable law in connection with your use of the call recording feature, including any resulting claims, fines, or regulatory action against you.

6. Data Protection

6.1 The following applies where the processing of personal data is involved in the delivery of the Call Tracking service.

6.2 The parties acknowledge and agree that:

(a) you are the data controller in respect of your End Users’ personal data processed through the Call Tracking service;

(b) we act as a data processor on your behalf in relation to that personal data; and

(c) Nimbata acts as a sub-processor on our behalf in delivering the underlying platform services.

6.3 Nimbata’s processing infrastructure is located in the United States of America. By using the Call Tracking service, you acknowledge that personal data processed through the service will be transferred to the United States. Nimbata has implemented Standard Contractual Clauses to ensure an adequate level of protection for such transfers in accordance with applicable data protection law.

6.4 As data controller, you are responsible for ensuring that your privacy policy and any other End User-facing notices accurately disclose that:

(a) call tracking technology is in use on your business;

(b) calls may be recorded (if you have enabled that feature); and

(c) personal data, including caller information, may be transferred to and processed in the United States.

6.5 We will process Call Data only as necessary to provide the Call Tracking service and fulfil our obligations under these Terms. We will not use your End Users’ personal data for any independent purpose of our own.

6.6 In the event of a personal data breach affecting Call Data, we will notify you without undue delay upon becoming aware of it, and will cooperate with you to manage and investigate the breach in accordance with our respective obligations under UK GDPR.

7. Third-Party Platform

7.1 The Call Tracking service is dependent on the Nimbata platform. We take no responsibility for the availability, performance, accuracy, or functionality of the Nimbata platform, which is governed by Nimbata’s own terms of service.

7.2 We will use reasonable efforts to notify you of any planned downtime or material service changes communicated to us by Nimbata. We cannot guarantee uninterrupted service, and we accept no liability for service interruptions, data loss, or degraded performance caused by Nimbata or its infrastructure.

7.3 Nimbata may update their terms, pricing, or service configuration from time to time. Where such changes materially affect the service we provide to you, we will notify you as soon as reasonably practicable.

7.4 If Nimbata ceases to provide the underlying platform or we are required to migrate to an alternative provider, we will give you as much notice as reasonably practicable and will use reasonable endeavours to minimise disruption to your service.

8. Liability

8.1 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be excluded or limited by applicable law.

8.2 Subject to clause 8.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following, even if we were advised of the possibility of such losses:

(a) loss of profits;

(b) loss of revenue;

(c) loss of business or contracts;

(d) loss of anticipated savings;

(e) loss or corruption of data (save as required under clause 6.6);

(f) damage to reputation or goodwill; or

(g) any indirect or consequential loss.

8.3 Subject to clause 8.1, our total aggregate liability to you in respect of all claims arising under or in connection with the Call Tracking service — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by you to us under the service agreement under which Call Tracking is provided, in the three calendar months immediately preceding the event giving rise to the claim.

8.4 We specifically exclude liability for any loss or damage arising from:

(a) service interruptions, data loss, or errors caused by Nimbata or its infrastructure;

(b) your failure to comply with applicable telecommunications, privacy, or data protection law, including laws relating to call recording;

(c) your failure to notify End Users about call tracking or recording; or

(d) any action taken by Nimbata under their own terms of service, including suspension or termination of the Nimbata account.

9. Changes to the Service

9.1 We reserve the right to modify the Call Tracking service at any time, including changes to available features or the third-party platform used to deliver the service.

9.2 Where we make changes that materially affect the service you receive, we will give you at least 30 days’ written notice before those changes take effect.

9.3 If you do not agree to any material change, you may terminate the Call Tracking service by giving us written notice before the change takes effect. Continued use of the service after the effective date of a change constitutes your acceptance of that change.

10. Termination

10.1 Call Tracking is provided as part of a wider service agreement. Either party may discontinue Call Tracking by giving the other at least 30 days’ written notice. Call Tracking will also cease automatically upon termination of the relevant wider service agreement between us.

10.2 We may suspend or terminate the Call Tracking service with immediate effect by written notice to you if:

(a) you are in material breach of these Terms and (where the breach is capable of remedy) you have failed to remedy it within 14 days of our written notice requiring you to do so;

(b) Nimbata suspends or terminates the underlying platform service;

(c) we are required to do so by applicable law or by a competent regulatory authority; or

(d) you become insolvent, enter administration, or are subject to any analogous insolvency proceedings.

10.3On termination of the Call Tracking service for any reason, Call Data stored on the Nimbata platform will be subject to Nimbata’s data retention and deletion policies. We recommend you request a copy of any Call Data you require as soon as possible once notice of termination has been given.

11. General

11.1 These Terms, together with our main Terms of Service, our Privacy Policy, and Nimbata’s Terms of Service (incorporated by reference), constitute the entire agreement between us relating to the Call Tracking service.

11.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

11.3 No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

11.4 We may assign or transfer our rights and obligations under these Terms to a third party on reasonable notice to you. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

11.5 Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

11.6 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

Winston Web Co Ltd

Registered in England and Wales | Company Number: 15016093

Registered Office: Unit 5c, the Stables, Tusmore, Bicester, OX27 7SL

Contact: info@winstonweb.co.uk