Mobile Application Software: Demon Games
Description: A HTML5 Games library where users have unlimited access.
Fees (inclusive of VAT): €20.00 per single purchase, this will be charged by eight text messages at €2.50. You will gain access to the service for 28 days.
We may vary the fees from time to time by posting new fees on our website but this will not affect the fees for the applications that have been previously paid for.
Disclaimer: We do not take responsibility for the quality of the graphics, functionality and/or the code of any game on this App.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SUBSCRIBING TO THE SERVICE YOU ACCEPT THE FOLLOWING TERMS & CONDITIONS
IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT ACCESS THE SERVICE.
In addition to the terms in this licence agreement, your use of the Service will also be governed by our Website Usage Terms and Conditions and our Privacy and Cookies Policy which can be found at the end of this Licence Agreement:
You must be at least 18 years old and you must have the bill payers permission prior to accepting these terms and using the Service.
We, PM Connect Limited, with our registered office at 4th Floor, Colmore Gate, 2-6 Colmore Row, Birmingham, B3 2QD license you to use the mobile service, (" Bounce Games" ) and any updates or supplements to it, as permitted in these terms.
- Your privacy
1.2 By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to improve our products.
1.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.How you may use the Service
2.1 In return for your agreeing to comply with these terms you may access the Service or content from the Service onto your mobile telephone, handheld device, tablet or other device as applicable and view, use and display the Service on such devices for your personal purposes only.
2.2 We are giving you a personal the right to use the Service, this means that you may not transfer the Service to someone else, whether for money, for anything else or for free.
2.3 If you access the Service onto any mobile telephone or handheld device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the mobile telephone or handheld device.
2.4If you breach the terms of this contract, or if we reasonably suspect or believe that you have breached the terms we may:
a) send you one or more formal warnings;
b) temporarily suspend your access to the Service;
c) suspend and/or delete your account;
c) permanently prohibit you from accessing our website;
d) block computers using your IP address from accessing our website; and/or
e) commence legal proceedings against you.
2.5 You agree to indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions.
3. Licence grant and restrictions
3.1 Upon payment of the fees we grant you a personal, non-transferable, non-exclusive subscription licence to use the Service.
3.2 You agree that you will:
a) not download any material from our website or save such material to your computer, mobile telephone or handheld device;
b) not rent, lease, sub-license, host, loan, provide, or otherwise make available, the Service, in any form, in whole or in part to any person without prior written consent from us;
b) not copy the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service, nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these terms;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988 or under the protection of copyright provisions incorporated into local laws by signatory countries to the Berne Convention ) such actions cannot be prohibited because they are necessary to decompile the Service to obtain the information necessary to create an independent program that can be operated with the Service or with another program (" Permitted Objective" ), and provided that the information obtained by you during such activities:
i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
ii) is not used to create any software that is substantially similar in its expression to the Service;
iii) is kept secure; and
iv) is used only for the Permitted Objective;
e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
4. Acceptable use restrictions
4.1 You must not:
a) use the Service or your account in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data into the Service, or any operating system;
b) infringe our intellectual property rights or those of any third party in relation to your use of the Service;
c) transmit any material that constitutes spam or is defamatory, libellous, untrue, threatening, abusive, inaccurate, discriminatory, blasphemous, gratuitous, pornographic, promotes criminal activity, in breach of official secrets legislation, offensive or otherwise objectionable in relation to your use of the Service;
d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
e) collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Service; and
f) use any other person's account to access the Service.
5.1 If you have a mobile contract you will be charged the fees shown on the front page of this contract by your mobile provider.
5.2 If you are a prepay mobile user you must register for an account through our website and by doing so you thereby consent for us to deduct the fees shown on the front page of this contract from your available credit. In the event that you don't have sufficient funds available we may attempt to bill for a period of time after the failed billing date. If we are unable to collect payment after a reasonable period of time we will cease your access to the Service.
5.3 As long as your account remains active and your payments are up-to-date you will be able to use the Service in accordance with the terms in this contract.
5.4 If you wish to dispute any payment you must contact us immediately providing full details of your claim.
6. Intellectual property rights
6.1 All intellectual property rights (registered or unregistered) in the Service, including but not limited to patents, copyright, trademarks, and trade secrets, throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service, other than the right to use them in accordance with these terms.
7. Changes to these terms and updates to the Service
7.1 We will not file a copy of these terms in relation to each user or customer therefore we recommend that you save a copy for future reference.
7.2 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
7.3 We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the Service.
7.4 If you do not accept the notified changes you may not be permitted to continue to use the Service.
8. Our responsibility and liability
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We will not, however, be liable for loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Nor will we be liable to you in respect of any loss or corruption of any data, database or software, or for any special, indirect or consequential loss or damage.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
8.4 We are not liable for business losses. The Service is for domestic and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 Limitations to the Service. The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Service. Although we make reasonable efforts to update the information provided by the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We do not warrant that access to the Service will remain available.
8.6 Please back-up content and data used with the Service. We recommend that you back up any content and data used in connection with the Service, to protect yourself in case of problems with the Service.
8.7 Check that the Service is suitable for you. The Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service meet your requirements.
8.8 We are not responsible for events outside our control. If our provision of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
8.9 We may end your rights to use the Service if you break these terms. We may end your rights to use the Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the Service we may remotely access your device and remove the Service and you must: stop all activities authorised by these terms, including your use of the Service; and delete or remove the Service from all devices in your possession and immediately destroy all copies of the Service which you have and confirm to us that you have done this.
9.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing (which includes by text message and/or email) if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
9.2 A person who is not a party to this Agreement shall not have any rights under or in connection with it.
9.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.5 If you think the Service is faulty or mis-described or if you become aware of any unauthorised use of your account or if you wish to contact us for any other reason please use the Helpdesk contact details at the front of this contract.
9.6 These terms and conditions together with the additional terms referenced at the start of this contract constitutes the entire agreement between you and us in relation to your use of the Service and shall supersede all previous agreements between you and use in relation to your use of the Service.
9.7 Any dispute which arises under this contract shall be discussed, and if possible, resolved between the parties. If the parties fail to resolve the dispute within fifteen days of the dispute arising then either Party, by giving notice in writing to the other, may enter into an alternative dispute resolution procedure in accordance with the commercial mediation rules of the relevant arbitration association set out in the table in Schedule 1 in effect at the time such mediation is commenced. Neither Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
9.8 Both Parties agree to the applicable governing law set out in Schedule 1 shall apply to this Agreement without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts.
GOVERNING LAW, JURISDICTION AND PLACE OF ARBITRATION
|Customer Domiciled In||Governing Law||Courts Having Exclusive Jurisdiction||Arbitration Association and Place of Arbitration|
|Europe, Middle East or Africa||England and Wales||England and Wales||UK Centre for Dispute Resolution (CEDR) having its seat in London|
|North America or South America||State laws of California||State Laws of California||International Center for Dispute Resolution having its seat in San Francisco, California|
|Asia Pacific region||New South Wales, Australia||New South Wales, Australia||The Institute of Arbitrators & Mediators Australia having its seat in Sydney|
Website Usage Terms and Conditions
We reserve the right to make changes to these usage terms in future and any changes will be posted to the site and will take effect immediately. Please ensure that you read the terms each time you access this website.
2. Licence to use website
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
3. Acceptable use
a) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
b) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
c) You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
d) You must not use our website for any purposes related to marketing without our express written consent.
4. Restricted access
a) Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
b) If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
c) You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
d) You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
e) We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
5. User content
b) You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media.
c) You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
e) Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
f) You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
g) We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
6. Limited warranties
a) We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
b) To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability
c) To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
d) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
e) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
f) We will not be liable to you in respect of any loss or corruption of any data, database or software.
g) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13. Exclusion of third party rights
14. Entire agreement
15. Law and jurisdiction
16. Registrations and authorisations
Our VAT number is 995843453.
17. Our details
The full name of our company is PM Connect Limited.
We are a limited company registered in England and Wales under registration number 07347102.
Our registered address is 4th Floor, Colmore Gate, 2-6 Colmore Row, Birmingham, B3 2QD.
Data Protection Registration Number: ZA007321.
You can contact us by email to firstname.lastname@example.org
Privacy and Cookies Policy
Use of this website by you constitutes acceptance of this privacy and cookies policy ("Privacy and Cookies Policy"). If you do not wish to accept this Privacy and Cookies Policy please leave this website immediately.
We take data protection seriously and the purpose of this Privacy and Cookies Policy is to set out the basis on which any personal data we collect from you, or you provide to us, is processed.
(1) What information do we collect?
We may collect, store and use the following kinds of personal information:
• information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation);
• information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including but not limited to, your name, address, email address, telephone numbers, etc);
• information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including your name and email address; and
• any other information that you choose to send to us.
Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with the terms of this Privacy and Cookies Policy.
2.2 About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
Cookies may be either "persistent" cookies or "session" cookies.
A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).
A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
2.3 Our cookies
We use both session cookies and persistent cookies on this website.
We may send to you the following cookies:
|Cookie Type||Duration Description|
|__unam Functionality||This cookie is usually associated with the ShareThis social sharing widget placed in a site to enable sharing of content across various social networks. It counts clicks and shares of a page.|
|__utma Performance||This is one of the four main cookies set by the Google Analytics service which enables website owners to track visitor behaviour and measure site performance. This cookie lasts for 2 years by default and distinguishes between users and sessions. It is used to calculate new and returning visitor statistics. The cookie is updated every time data is sent to Google Analytics. The lifespan of the cookie can be customised by website owners.|
|__utmb Performance||This is one of the four main cookies set by the Google Analytics service which enables website owners to track visitor behaviour and measure site performance. This cookie determines new sessions and visits and expires after 30 minutes. The cookie is updated every time data is sent to Google Analytics. Any activity by a user within the 30 minute life span will count as a single visit, even if the user leaves and then returns to the site. A return after 30 minutes will count as a new visit, but a returning visitor.|
|__utmc Performance||This is one of the four main cookies set by the Google Analytics service which enables website owners to track visitor behaviour and measure site performance. It is not used in most sites but is set to enable interoperability with the older version of Google Analytics code known as Urchin. In this older versions this was used in combination with the __utmb cookie to identify new sessions/visits for returning visitors. When used by Google Analytics this is always a Session cookie which is destroyed when the user closes their browser. Where it is seen as a Persistent cookie it is therefore likely to be a different technology setting the cookie|
|__utmv Performance||This is an optional additional cookie set by the Google Analytics service which enables website owners to track visitor behaviour and measure site performance. This cookie is used when site owners create custom visitor-level variables for customising what can be measured. The cookie is updated every time data is sent to Google Analytics. It has a default lifespan of two years, although this can be customised by site owners.|
|__utmz Performance||This is one of the four main cookies set by the Google Analytics service which enables website owners to track visitor behaviour measure of site performance. This cookie identifies the source of traffic to the site – so Google Analytics can tell site owners where visitors came from when arriving on the site. The cookie has a life span of 6 months and is updated every time data is sent to Google Analytics.|
|_ga Performance||This cookie name is associated with Google Universal Analytics – which is a significant update to Google's more commonly used analytics service. The new service reduces the reliance on cookies in general, and only sets this and one other – _gat, although Google also say data can be collected without setting any cookies. This cookie is used to distinguishes unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. By default it is set to expire after 2 years, although this is customisable by website owners.|
|_gat Performance||This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate – limiting the collection of data on high traffic sites. It expires after 10 minutes.|
2.4 Analytics cookies
2.5 Cookies and personal information
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
2.6 Blocking cookies
Most browsers allow you to refuse to accept cookies. For example:
• in Internet Explorer (version 9) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
• in Firefox (version 16) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
• in Chrome (version 23), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
Blocking all cookies will, however, have a negative impact upon the usability of many websites.
If you block cookies, you will not be able to use all the features on this website.
2.7 Deleting cookies
You can also delete cookies already stored on your computer. For example:
• in Internet Explorer (version 9), you must manually delete cookie files (you can find instructions for doing so athttp://support.microsoft.com/kb/278835);
• in Firefox (version 16), you can delete cookies by clicking "Tools", "Options", "Privacy" and then "Show Cookies", and then clicking "Remove All Cookies"; and
• in Chrome (version 23), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".
Again, doing this may have a negative impact on the usability of many websites.
(3) Using your personal information
Personal information submitted to us via this website will be used for the purposes specified in this Privacy and Cookies Policy or in relevant parts of the website.
We may use your personal information to:
• administer the website;
• improve your browsing experience by personalising the website;
• enable your use of the services available on the website;
• send you goods purchased via the website, and supply to you services purchased via the website;
• send statements and invoices to you, and collect payments from you;
• send you general (non-marketing) commercial communications;
• send you email notifications which you have specifically requested;
• send you our newsletter and other marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);
• provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
• deal with enquiries and complaints made by or about you relating to the website;
• keep the website secure and prevent fraud; and
• verify compliance with the terms and conditions governing the use of the website.
We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.
We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy and Cookies Policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this Privacy and Cookies Policy.
In addition, we may disclose your personal information:
• to the extent that we are required to do so by law;
• in connection with any ongoing or prospective legal proceedings;
• in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
• to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
• to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this Privacy and Cookies Policy, we will not provide your information to third parties.
(5) International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this Privacy and Cookies Policy.
Information which you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the European Economic Area.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to such transfers of personal information.
(6) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
All electronic transactions entered into via the website will be protected by encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password (and other login details) confidential. We will not ask you for your password (except when you log in to the website).
(7) Policy amendments
We may update this Privacy and Cookies Policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
We may also notify you of changes to our Privacy and Cookies Policy by email.
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
• the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
• We may withhold such personal information to the extent permitted by law.
• You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
If you have any questions about this Privacy and Cookies Policy or our treatment of your personal information, please write to us by email to email@example.com
(12) Data controller
The data controller responsible in respect of the information collected on this website is Head of Implementations. Our data protection registration number is: ZA007321.
GDPR - Data Protection Schedule
- In this Schedule "Controller" shall have the meaning set out in the GDPR;
"Data Protection Laws" means the GDPR and the Privacy and Electronic Communication Regulations 2003, any amendment, consolidation or re-enactment thereof, any legislation of equivalent purpose or effect enacted in the United Kingdom, or, where relevant, the European Union, and any orders, guidelines and instructions issued under any of the above by relevant national authorities, a judicial authority in England and Wales or, where relevant, a European Union judicial authority;
"Data Subject" shall have the meaning set out in the GDPR;
"Disclosing Party" shall mean the party to this Agreement who discloses or makes available Personal Data.
"GDPR" means General Data Protection Regulation (EU) 2016/679 as in force from time to time;
"Personal Data" has the meaning given to it by the GDPR, but shall only include personal data to the extent that such personal data, or any part of such personal data, is processed in relation to the services provided under this Agreement;
"Processor" shall have the meaning set out in the GDPR;
"Receiving Party" shall mean the party to this Agreement who receives or obtains Personal Data whether directly from the Disclosing Party or indirectly;
"Replacement National Legislation" means legislation in the United Kingdom which is enacted to cover, in whole or part, the same subject matter as the GDPR.
- Words and phrases with defined meanings in the GDPR have the same meanings when used in this Schedule, unless otherwise defined in this Schedule.
- If the GDPR ceases to apply to the United Kingdom, references to the GDPR, to provisions within it and to words and phrases with defined meanings in it, shall be deemed references to Replacement National Legislation, the nearest equivalent provisions in it and the nearest equivalent words and phrases in it (as the case may be).
- Each party shall comply with the Data Protection Laws applicable to it in connection with this Agreement, and shall not cause the other party to breach any of its obligations under Data Protection Laws.
- The parties have agreed that the Receiving Party will process Personal Data as the Processor on behalf of the Disclosing Party which shall act as a Controller of such Personal Data in connection with this Agreement. The Processor shall, or shall ensure that its sub-contractor shall:
- process the Personal Data only on behalf of the Controller, only for the purposes of performing its obligations under this Agreement, and only in accordance with instructions contained in this Agreement or instructions received in writing from the Controller from time to time. The Processor shall notify the Controller if, in its opinion, any instruction given by the Controller breaches Data Protection Laws or other applicable law;
- not otherwise modify, amend or alter the contents of the Personal Data or disclose or permit the disclosure of any of the Personal Data to any third party (including without limitation the Data Subject itself) unless specifically authorised in writing by the Controller;
- document all processing in accordance with Article 30 GDPR;
- nly grant access to the Personal Data to persons who need to have access to it for the purposes of performing this Agreement;
- ensure that all persons with access to the Personal Data are:
- reliable, trustworthy and suitably trained on Data Protection Laws; and
- subject to an obligation of confidentiality or are under an appropriate statutory obligation of confidentiality.
- taking into account the nature of the processing and the information available to the Processor, assist the Controller in ensuring compliance with its obligations pursuant to Article 32 to 36 GDPR inclusive;
- as a minimum, take all measures required pursuant to Article 32 GDPR in accordance with best practice and the security obligations set out in this Agreement (as amended from time to time), whichever imposes a higher standard, and at the request of the Controller provide a written description of, and rationale for, the technical and organizational measures implemented, or to be implemented, to:
- protect the Personal Data against unauthorized or unlawful processing and accidental loss, destruction, damage, alteration or disclosure; and
- detect and report personal data breaches within good time, such measures shall be subject to the adequacy assessment of the Controller. Where the Controller does not deem such measures adequate, the Processor shall revise them until the Controller does so. Once approved by the Controller, the Processor shall be bound to implement and maintain such measures, and shall provide the Controller with reasonable assistance in documenting its adequacy assessment;
- report to the Controller on a regular basis, and at least once every year, on the status of the Personal Data security. These reports shall at least include the status of the data processing systems, the security measures, registered downtime of technical security measures and the required and/or recommended improvements;
- notify any loss, damage or destruction of Personal Data to the Controller as soon as reasonably practicable and in any event within 24 hours of becoming aware of such breach and provide all reasonable assistance to the Controller in relation to the notification of such breach to the Information Commissioner and any other applicable regulator and any data subject;
- provide all reasonable assistance to the Controller in ensuring compliance with its legal obligations relating to data security and privacy impact assessments.
- not engage another processor (a "Sub-Processor") to process the Personal Data on its behalf without specific written consent of the Controller, approving a named Sub-Processor, such consent always subject to:
- the Processor binding any Sub-Processor by written agreement, imposing on the Sub-Processor obligations in relation to the Personal Data equivalent to those set out in this Agreement; and
- the Processor remaining liable to the Controller for the acts and omissions of any Sub-Processor, as if they were the acts and omissions of the Processor;
- notify the Controller (within seven days) if it receives:
- a request from a Data Subject to have access to that person's Personal Data; or
- a complaint or request relating to the Controller's obligations under Data Protection Laws; or
- any other communication relating directly or indirectly to the processing of any Personal Data in connection with this Agreement;
- not take action in relation to such communication, unless compelled by law or a regulator, without the Controller's prior approval, and shall comply with any reasonable instructions the Controller gives in relation to such communication;
- provide the Controller with full co-operation and assistance in relation to any complaint or request made in respect of any Personal Data including (without limitation) by:
- providing the Controller with full details of the complaint or request;
- complying with a data access request within the relevant timescales set out in the Data Protection Legislation but strictly in accordance with the Controller's instructions;
- providing the Controller with any Personal Data it holds in relation to a Data Subject making a complaint or request within the timescales required by the Controller;
- providing the Controller with any information requested by the Controller; and
- assisting the Controller to respond or comply with the Controller's complaint or request;
- n termination of this Agreement and otherwise at the Controller's request, delete or return to the Controller the Personal Data, and procure that any party to whom the Processor has disclosed the Personal Data does the same;
- where reasonably possible, store the Personal Data in a structured, commonly used and machine readable format;
- not transfer Personal Data outside of the European Economic Area without the prior written consent of the Controller except that the Data Processor may disclose Personal Data to its employees providing maintenance and support services provided that such disclosure is solely for the purpose of, and no more than is necessary for, the purpose of maintenance and support under the Agreement. Where the Controller consents to the transfer of Personal Data outside the European Economic Area, the Processor shall comply with:
- the obligations of a controller under Articles 44 to 50 GDPR inclusive by providing an adequate level of protection to any Personal Data transferred; and
- any reasonable instructions of the Controller in relation to such transfer;
- have a data protection officer where required by the GDPR, and where a data protection officer is not required, have a named individual that is responsible and available to deal with data protection issues as and when they arise in conjunction with the Controller; and
- allow the Controller, or its external advisers (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Processor's data processing activities and those of its relevant agents, group companies and sub contractors, and comply with all reasonable requests or directions by the Controller, and to the extent necessary provide the Controller with access to its premises during normal business hours to enable the Controller to verify and procure that the Processor is in full compliance with its obligations under this Schedule.
- The Processor shall indemnify and keep indemnified the Controller against all liabilities, costs, expenses, damages and losses suffered or incurred by it arising out of or in connection with the Processor's breach of this Schedule, unless such indemnity is prohibited on grounds of public policy. Notwithstanding anything stated elsewhere in this Agreement the Processor's liability under this paragraph 3.1 shall be uncapped.
- Notwithstanding anything stated elsewhere in this Agreement, the Processor's liability in damages for breach of this Schedule shall also be uncapped.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in the Personal Data vest and shall remain vested absolutely in the Disclosing Party, that transferred the relevant Personal Data to the Receiving Party.
- Electronic media and other means of transport containing the Personal Data received by the Receiving Party and all copies or reproductions thereof shall also remain the property of the Disclosing Party, that transferred these media or provided other means of transport.