Your privacy is incredibly important to us. Whilst we can’t promise that this policy will be the most exciting read, we’ve tried to make it as simple as we can, so that you know you can trust us to look after any personal data you choose to share with us. We’ve tried to balance the need to collect, use and store the data we need to help you to get the best out of 55/Redefined’s platforms both on and offline, without compromising your privacy in any way.
So, get yourself comfortable as here’s the official bit:
The Company known as 55 Redefined Ltd (company number 12933868) (“We”, “Us”, “Our”) is committed to ensuring that We safeguard the privacy and personal data of Our Website visitors and those with whom We communicate through that Website, whether by email or electronically, at all times and in the best way possible.
What does 55/Redefined do?
55/Redefined's membership platform includes Life/Redefined, Work/Redefined and Jobs/Redefined, connecting consumers and businesses with tailored products, services and advice spanning jobs, finance, legal, work and lifestyle. We operate four Websites: life-redefined.co , work-redefined.co and jobs-redefined.co in addition to the group site 55redefined.co .
What personal data does 55/Redefined collect and why?
The personal data that we may collect about you broadly falls into the following categories:
Personal data that you provide voluntarily
Certain parts of our website may ask you to provide personal data voluntarily: for example, we may ask you to provide your contact details in order to register an account with us, to subscribe to marketing communications from us, and/or to submit enquiries to us or to set up membership with us. The personal data that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide it.
Collecting this information helps us understand your needs and wants, and deliver services that meet them.
Personal data that we collect automatically
When you visit our website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal data under applicable data protection laws.
Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information, for example, data we collect for fraud prevention. We may also collect information about how your device has interacted with our website, including the pages accessed and links clicked.
Collecting this information enables us to better understand the visitors who come to our website, where they come from, and what content on our website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our website to our visitors.
1.1. who We are;
1.2. Our Websites;
1.3. what personal information We collect about You;
1.4. how, when and why We collect, store, use and share Your personal data;
1.5. how We keep Your personal data secure;
1.6. for how long We keep Your personal data;
1.7. Your rights in relation to Your personal data;
1.8. issues relating to marketing; and
1.9. how to contact Us or the relevant supervisory authorities should You have a complaint.
2. 55 Redefined Ltd (company number 12933868) is a company registered in England and Wales and Our registered office is at 71 Queen Victoria Street, London, EC4V 4BE, England. We own and operate the Websites You can find at life-redefined.co, work-redefined.co, jobs-redefined.co and 55redefined.co (the “Websites”). Our principal contact for data protection purposes is our Data Protection Officer Richard Cawdell, who may be contacted at firstname.lastname@example.org.
3. When We collect, use and process personal data We are subject to the provisions of the United Kingdom General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018, and We are responsible as what is described as a ‘controller’ of that personal information for the purposes of those laws. In other words, We are primarily responsible for that data and are the ‘natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data’.
4. If You have any questions about the use to which We put Your data, please contact our Data Protection Officer whose details are set out above.
5. This policy relates to Your use of Our Website and electronic communications. Please note that Our Websites may link to other third-party websites that may also gather information about You. Third-party websites will operate in accordance with their own separate privacy policies, and We have no control over any personal data that they may acquire, store and use. For privacy information relating to these other third-party websites, You should consult their privacy policies as appropriate.
6. We are committed to preserving the privacy of Your data so that We can:
6.1. deliver service of a high quality to clients;
6.2. at all times comply with the law and the various regulations that We are subject to;
6.3. meet the expectations of clients, employees and third parties; and
6.4. protect Our reputation.
7. In this policy, please note the use of the following terms:
7.1. personal data has the meaning given to it by the UK GDPR and means any information relating to an identified or identifiable individual (known as a data subject);
7.2. processing means any operation or actions performed on personal data; for example collection, recording, organisation, structuring, storing, altering, deleting or otherwise using personal data.
7.3. We, Us and Our refers to 55 Redefined Ltd and its directors;
7.4. You and Your refers to the person who is accessing Our Website and whose data is processed.
8. YOUR PERSONAL DATA
8.1. Personal data is collected about You whenever You access Our Website, register with Us, contact Us, send Us feedback, purchase services via Our Website, post material to Our Website, complete forms on Our Website, take part in customer surveys, participate in competitions via Our Website, submit reviews to or via Our Website.
8.2. Personal data is collected either directly (for example when You register with Us, contact Us, purchase products or services from Us, complete forms or submit reviews on or via Our Website) or indirectly (for example where You are browsing Our Website through the use of ‘Cookies’).
8.3. The personal data We receive and process is dependent on how You access Our Website, what You do while You are accessing it, and what You perceive the end result of accessing Our Website will be.
8.4. In general, the sorts of data that We can acquire, depending on the circumstances, include:
8.4.1. Your name, address, email, telephone number and other contact details;
8.4.2. Your date of birth;
8.4.3. Your bank account or other financial details;
8.4.4. details of any feedback You give Us, and this may be by phone, email, post or via social media;
8.4.5. information about the services We provide to You;
8.4.6. Your account details, such as username, login details;
8.4.7. Your IP address, the browser You use, Your operating system;
8.4.8. the pages of Our Website, or other resources on that Website, that You have accessed and when You accessed them; and
8.4.9. details of any documents or other resources that You have downloaded from Our Website.
8.5. In general terms, We may use this personal data to:
8.5.1. create and manage Your account with Us;
8.5.2. verify Your identity;
8.5.3. provide goods and services to You;
8.5.4. customise Our Website and its content to Your particular preferences;
8.5.5. notify You of any changes to Our Website or to Our services that may affect You;
8.5.6. improve Our services;
8.5.7. receive Your reviews and respond to them.
8.6 Please note that it is important that the personal data We hold about You is accurate and current. Please keep Us informed if Your personal details change during Your relationship with Us.
8.7 Please note that Our Website is not intended for use by children under the age of 18 years of age, and We do not knowingly collect or use personal information relating to children.
9. THE PURPOSES FOR WHICH YOUR INFORMATION IS USED
9.1 Data protection law requires that We only use Your personal data for the purposes for which it was acquired, or where We have a proper reason for using it. Those reasons may include the following:
9.1.1. Where You have given consent to the use of Your personal data for one or more specific purposes.
9.1.2. Where the use is necessary for the performance of a contract to which You are party, or in order to take steps at Your request prior to entering into a contract.
9.1.3. Where the use is necessary for compliance with a legal obligation that We are subject to.
9.1.4. Where the use is necessary in order to protect Your vital interests or those of another person.
9.1.5. Where the use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in Us.
9.1.6. Where the use is necessary for the purposes of Our legitimate interests or those of a third party, except where those interests are overridden by Your interests or fundamental rights and freedoms which require protection of personal data, in particular where You or the relevant person is a child.
9.2 The reasons set out above represent the general position as to the purposes for which data may be used. The specific position in relation to Your personal data, however, is that We may use it for the purposes set out in Schedule A hereto.
10 CONTACTING YOU
10.1 In addition to the general matters dealt with in paragraph 3.2 above, We may also need to send You updates concerning Our services, and about relevant developments in relation to You, Our services, or other related matters which might concern You, or be of interest to You. This may be by post, telephone, email or text, and may include information about the services We offer and information relating to changes in those services.
10.2 We regard ourselves as having a legitimate interest in processing Your personal data for these purposes, and We take the view that We do not require Your consent in order to do so. From time to time We undertake what are known as ‘legitimate interest assessments’ in order to balance Our interests in contacting You with Your interests in relation to Your data. Where We believe that consent is required, We will contact You specifically for this, and will do so in a clear and transparent manner.
10.3 Where You have agreed to Us doing so, We may also send You information about third party services in which You have expressed an interest, or which are relevant to any services that We have supplied.
10.4 Be assured that We treat Your personal data with the utmost respect and will never share it with others for marketing or promotional purposes without your consent. You have, at all times, the right to request that We do not contact You for any purpose other than providing Our services. We may, however, require that You confirm Your marketing preferences from time to time so that We can be sure that Your views remain the same, especially in relation to issues such as legal and regulatory updates.
11 SHARING YOUR DATA WITH OTHERS
11.1 Notwithstanding the fact that We will not share Your personal data for marketing purposes without your consent, it may be necessary for Us to share Your personal data with others in order to perform Our services for You, to comply with Our contractual obligations to You, to comply with Our legal or regulatory obligations to You, or to comply with any contractual, legal or regulatory obligations that We are subject to. These may include:
11.1.1 When sharing Your personal data, We will ensure at all times that those with whom it is shared process it in an appropriate manner and take all necessary measures in order to protect it. In doing so We impose contractual obligations on all providers of services to ensure that Your personal data is kept secure. We will only ever allow others to handle Your personal data if We are satisfied that the measures which they take to protect that personal data are satisfactory.
11.1.2 Please be aware that, from time to time, We may be required to disclose Your personal data to, and exchange information about You or relating to You with, government, law enforcement and regulatory bodies and agencies in order to comply with Our own legal and regulatory obligations.
11.1.3 We may also need to share some personal information with other parties, such as potential buyers of some or all of Our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
11.1.4 From time to time it may be necessary for Us to share data for statistical purposes. We will always take steps to try to ensure that information shared is anonymised but, where this is not possible, We will require that the recipient of the information keeps it confidential at all times.
11.2 Other than as set out above, We will not share Your personal data with any other third party.
12 HOW YOUR PERSONAL DATA IS KEPT
12.1 Your personal data will be kept secure at all times.
12.2 Some of Your data may be held on internal servers, third party provider servers and cloud servers. Where this takes place outside the UK then the provisions set out in Paragraph 13 below will apply.
12.3 We operate various security measures in order to prevent loss of, or unauthorised access to, Your personal data. In order to ensure this, We restrict access to Your personal data to those with a genuine business need to access it, and We have procedures in place to deal with any suspected data security breach. We will notify You and any applicable regulator of a suspected data security breach where We are legally required to do so.
12.4 Personal data that is processed by Us will not be retained for any longer than is necessary for that processing, or for purposes relating to or arising from that processing.
12.5 Where Your personal data is retained after We have finished providing Our services to You, or where the contract with You has ended in any other way, this will generally be for one of the following reasons:
12.5.1 so that We can respond to any questions, complaints or claims made by You or on Your behalf;
12.5.2 so that We are able to demonstrate that Your matter was dealt with adequately and that You were treated fairly; or
12.5.3 in order to comply with legal and regulatory requirements.
12.6 In general, We will retain Your data for only so long as is necessary for the various objectives and purposes contained in this policy. Please note, however, that different periods for keeping Your personal data will apply depending on the type of data being retained and the purpose of its retention.
12.7 We will also retain Your personal data as follows:
12.8 So that We can inform You of updates concerning Our services, and about relevant developments in relation to You, Our services or other related matters which might concern You, or be of interest to You,
12.9 For such time as is necessary for compliance with a legal obligation that We are subject to, or in order to protect Your vital interests or the vital interests of another natural person.
12.10 We will delete and/or anonymise any personal data which it is no longer necessary for Us to retain.
13 TRANSFERRING YOUR DATA OUTSIDE THE UK
13.1 From time to time, it may be necessary for Us to transfer Your personal data outside the UK where, for example, those with whom We need to make contact on Your behalf have offices outside the UK, where electronic services and resources are based outside the UK, or where there is an international element to Your matter. Where this is the case, special rules apply to the protection of Your data.
13.2 In particular, the web hosting services used by Us may be based in one or more of the following countries: the EEA, EU, United Kingdom and USA.
13.3 It may be necessary during the course of Your transaction for Us to transfer personal data relating to You to one or more of the following countries which have been assessed by the European Commission/Secretary of State as providing an adequate level of protection for personal data: EEA, EU, United Kingdom and USA.
13.4 We may also need to transfer Your personal data to non-EEA countries that have not been assessed by the European Commission/Secretary of State as providing adequate protection. In such cases We will always take steps to ensure that, wherever possible, the transfer complies with data protection law, and that Your personal data will be secure in such circumstances.
13.5 For further information please contact Our Data Protection Officer with details set out above.
14 YOUR RIGHTS IN RELATION TO YOUR DATA
14.1 Data protection legislation gives You, the data subject, various rights in relation to Your personal data that We hold and process. These rights are exercisable without charge, and We are subject to specific time limits in terms of how quickly We must respond to You. Those rights are, in the main, set out in Articles 12–23 of the UK GDPR. They are as follows:
14.1.1 Right of access — the right to obtain from Us confirmation as to whether or not personal data concerning You is being processed, and, where that is the case, access to that personal data and various other information, including the purpose for the processing, with whom the data is shared, how long the data will be retained, and the existence of various other rights (see below);
14.1.2 Right to rectification — the right to obtain from Us, without undue delay, the putting right of inaccurate personal data concerning You;
14.1.3 Right to erasure — sometimes referred to as the ‘right to be forgotten’, this is the right for You to request that, in certain circumstances, We delete data relating to You;
14.1.4 Right to restrict processing — the right to request that, in certain circumstances, We restrict the processing of Your data;
14.1.5 Right to data portability — the right, in certain circumstances, to receive that personal data which You have provided to Us in a structured, commonly used and machine-readable format, and the right to have that personal data transmitted to another controller;
14.1.6 Right to object — the right, in certain circumstances, to object to personal data being processed by Us where it is in relation to direct marketing, or in relation to processing supported by the argument of legitimate interest;
14.1.7 Right not to be subject to automated decision making — the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning You or similarly significantly affects You.
14.2 Full details of these rights can be found in the UK GDPR or by reference to guidance produced by the Information Commissioner’s Office.
14.3 In the event that You wish to exercise any of these rights You may do so by contacting Us either via our website enquiry form or by email to email@example.com.
WHAT A 55/Redefined COOKIE IS
15.1 55/Redefined cookie is a small file that is sent by a web server (where We host Our Websites) to a web browser (from where You view Our Websites) and which is then stored by the browser. The cookie contains an identifier which is stored in Your browser and then sent back to Our server each time Your browser accesses Our Website. These cookies may either be ‘persistent cookies’ (in which case they will continue to be held by Your browser until they are deleted, or until a specified event/date) or they will be ‘session cookies’ which expire when You close Your browser.
15.2 Cookies are standard practice to make Your experience better when using Our Website.
15.4 Usually, cookies do not hold any data by which You can be identified, although if We do hold personal data about You (for example, because You have subscribed to a service that We offer) the cookie may be linked to that data.
15.7 If You wish to do so then, usually, You can prevent cookies from being downloaded to Your browser and can delete those that have already been downloaded by changing the settings on your browser. How this may be achieved varies between different browsers. Consult the Website of Your browser provider for more details. You can enable cookies again at any time.
15.8 However, You should be aware that if You block or delete cookies this may have a detrimental impact on Your ability to access or navigate Our Websites, and the services that We provide. It may mean that not all of the facilities on Our Websites will be accessible by You or that the Website will not work properly or at all.
15.9 When you visit the Website for the first time (and from time to time after that), we will request your consent to the setting of all cookies other than strictly necessary cookies.
15.10 For further information about the cookies We use please contact firstname.lastname@example.org attention Richard Cawdell.
TYPES OF COOKIES
15.11 Strictly necessary cookies: These cookies are essential for the operation of Our Websites and will enable You to move around the Websites and use their features, as well as keep the sites secure. Without these cookies we will be unable to provide certain services (such as remembering Your login details or the items You placed in your basket and e-billing services) you have asked for.
15.12 Analytics cookies: These cookies allow Us to recognise and count the number of visitors and generally to see how You are using our Websites, for instance the searches you perform, error messages you get and pages that you visit most frequently. Information these cookies collect can be used to improve how the Websites work and therefore Your enjoyment of them.
15.13 Customisation/Functionality cookies: These cookies remember You when you return to Our Websites and collect specific choices that You make, such as greeting you by user name, and remembering your language, region and other preferences specifically chosen by You.
15.14 Targeting/Advertising cookies: These cookies record your visit to a Website, the pages you have visited and the links you have followed. We use this information to make our Websites and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.
15.15 Social media cookies: These cookies allow you to share your activity on the Websites on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for information regarding how their cookies work.
16 KEEPING YOUR DATA SECURE
16.1 In order to ensure that Your personal data is kept secure, and to prevent there being any breach of confidentiality, We have put in place security measures which are intended to prevent Your personal data from being accidentally lost or used, or accessed unlawfully. Access to Your personal data is restricted to those with a need to access it, and care will be taken of the need for confidentiality when that personal data is processed.
16.2 In the event that there is a suspected data security breach You will be notified. Where relevant We will also inform the appropriate regulator (including the Information Commissioner’s Office) of a suspected data security breach where We are legally required to do so.
17 MAKING A COMPLAINT
17.1 If You have any queries as to the acquisition, use, storage or disposal of any personal data relating to You please contact Us at at email@example.com, attention Richard Cawdell.
17.2 We can be contacted at 55 Redefined Ltd, 71 Queen Victoria Street, London, EC4V 4BE, England.
17.3 Despite Our best efforts, inevitably sometimes things do go wrong. If You are unhappy with any aspect of the use and/or protection of Your personal data, You have the right to make a complaint to the Information Commissioner’s Office, who may be contacted in writing at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF; by telephone on 0303 123 1113; by fax on 01625 524510; or online at www.ico.org.uk.
18 THIS POLICY
|CATEGORY OF PERSONAL DATA||PURPOSE OF PROCESSING||LAWFUL BASIS FOR PROCESSING||RETENTION PERIOD|
|Name and contact details||Fraud prevention and detection||Compliance with legal obligation||3 Years from last log-on to the Website|
|Date of birth||For fraud prevention and detection
To ensure legal sale of age-restricted products
|Compliance with legal obligation
Legitimate interests in ensuring your safety
|3 Years from last log-on to the Website|
|Information collected through cookies and similar technologies||To conduct and store Website usage analytics, statistical and trend analysis and market research
To generate customer profiles to facilitate marketing initiatives
|Consent||3 Years from last log-on to the Website|
|Contact history||To provide customer service and support
To train our staff
|Performance of contract
Legitimate interests in dealing with complaints or claims
|6 Years from last log-on to the Website|
|Browser, device and Website usage information||To improve the Website
To protect the Website against fraud
To set default options for you, such as language and currency
|Performance of contract
Legitimate interest in maintaining our Website
|6 Years from last log-on to the Website|
|Information from linked accounts||To enable you to log into the Website simply without having to create a specific account||Legitimate interest in providing high quality customer service||3 Years from last log-on to the Website|
|Responses to surveys, competitions and promotions||To run the survey, competition or promotion||Performance of contract
Legitimate interest in administering and/or improving our products and services generally
|3 Years from last log-on to the Website|
|Customer comments and product reviews||To improve our products and services
Where relevant, to establish, exercise or defend legal claims
|Performance of contract
Legitimate interest in dealing with complaints or claims and improving our products and/or services generally
|3 Years from last log-on to the Website|
B. 55/Redefined Terms and Conditions of Use of this Website
WHAT IS IN THESE TERMS?
These Terms are the rules for using Our Websites life-redefined.co , work-redefined.co , jobs-redefined.co and 55redefined.co (“the Websites”). It will form an agreement between You, the User of these Websites (“You/Your”) and 55 Redefined Ltd & its affiliates, (“A/Us/Our/We”) the owner(s) of the Websites.
Your attention is particularly drawn to the provisions of Clause 10 which may limit our liability to you and your rights.
1. YOUR USE OF THE WEBSITE
1.2. We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time and You should always ensure You are referring to the correct and most updated version as published on Our Websites.
1.3. These Terms apply to Your use of these Websites at any time and for whatever purpose. It will not change the terms of any other agreement we may have in place with you.
1.4. You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are using the Websites on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms.
2. ABOUT US
2.1. Company details. 55 Redefined Ltd (company number 12933868) is a company registered in England and Wales and Our registered office is 71 Queen Victoria Street, London, EC4V 4BE, England. Our main trading address is 71 Queen Victoria Street, London, EC4V 4BE, England. We own and operate the Websites You can find at at life-redefined.co , work-redefined.co , jobs-redefined.co and 55redefined.co (“the Websites”).
2.2. Contacting Us. To contact Us, email Our customer service team at firstname.lastname@example.org if You would like to give Us formal notice of any matter under these Terms please refer to clause 12.2.
3. OTHER ADDITIONAL TERMS THAT MAY APPLY TO YOU
3.1.3 Hirer Terms and Conditions which refer to the Services found at jobs-redefined.co and may be found here: jobs-redefined.co/hirer-terms-and-conditions
4. OUR CONTRACT WITH YOU
4.1. Entire agreement. These Terms together with the Additional Terms represent the entire agreement between You and Us in relation to Your use of the Websites. You acknowledge that You have not relied on any statement, promise or representation, assurance or warranty that is not set out in these Terms.
4.2. Transfer of Contract. We may transfer our rights and obligations under these Terms to another organisation. We will always let you know if this happens and will make sure that your rights under this contract are not affected. You may not transfer your rights to another party without our prior consent.
4.3. Contracting Age. In order to validly contract with Us You must be 18 years or older. Please do not use this Website if You are not 18 years or older.
4.4. Location & Language. These Terms and Our Contract are intended for people residing in the UK. We do not represent that the content available on or through our Websites is appropriate for use in other locations and will be made only in the English language.
4.5.1. We may change Our Terms from time to time, to reflect any changes to what we offer, Our customer’s needs and our business priorities. We will try to give you reasonable notice of these changes and We will publish the updated Terms on the Websites. You should check these Terms regularly and at least every time You use the Website to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website.
4.5.2. We may also update and change our Websites from time to time.
5. ACCESSING OUR WEBSITE
5.1. Website content disclaimer. Materials and information published on Our Website are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We disclaim all liability and responsibility arising from any reliance placed on such information by a business customer. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy, or completeness of the content available on the website.
5.2. Security & Your use of these Websites. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
5.3. Password protection. You are responsible for access to the Websites using your Internet connection, even if this is by another person. You remain responsible for the safety and security of any password and log in details. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely.
5.4. We recommend that You don’t disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.
5.5. Unauthorised access. If You suspect that unauthorised access has been made to Your account You must notify Us immediately by contacting email@example.com. We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion.
5.6. Restricted Access. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).
6. HOW YOU MAY USE THE MATERIAL ON OUR WEBSITE
When using these Websites You undertake the following:
6.1. Use. You may not use this Website or the content for anything other than personal purposes, except as described in the Digital Advertiser Terms and Conditions, and the Hirer Terms and Conditions at: jobs-redefined.co/hirer-terms-and-conditions .
6.2. Restrictions. You may not:
6.2.1. print, download, copy, adapt or re-transmit any or all of the Websites or the content except for Your personal, non-commercial use of the Website. This means you may print one copy for your personal use. Our status as the authors of the content must always be acknowledged;
6.2.2. use any data mining, robots or similar data gathering or extraction methods;
6.2.3. manipulate or display the Website or its content by using framing or similar navigational technology;
6.2.4. register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so; and
6.2.5. use the Website or their content other than for the intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
6.2.6. use the Websites to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites; or express or imply that we endorse any statement you make;
6.2.7. upload any data (where applicable) which is malicious, false, misleading, fraudulent, defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of cancellation or prosecution as the case may be;
6.2.8. interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available; or violate any requirements, procedures, policies or regulations of such networks;
6.2.9. transmit or otherwise make available in connection with the Websites any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
6.2.10. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Websites;
6.2.11. remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Websites;
6.2.12. frame or mirror any part of the Websites without our express prior written consent;
6.2.13. create a database by systematically downloading and storing Website content;
6.2.14. use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Websites without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
6.3. Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom.
6.4. Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service as our services are not essential.
6.5. User-generated content is not approved by Us. These websites may include information and materials uploaded by other users of the Websites, including comments, bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Websites do not represent Our views or values. If You want to complain about content uploaded by other users, please contact us on firstname.lastname@example.org .
6.6. Sign out. You must sign out of the Websites once You have finished using them. If You do not do this, unauthorised transactions may result, for which We will not be liable.
6.7. Reliability. The content on our Websites is provided for general information only. It is not intended to amount to advice that you should rely on.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of or licensed to Us, Our affiliates or other relevant third parties. Such material is protected by applicable United Kingdom and International intellectual property, copyright and other relevant laws and You may not use any of the material on this Website without our prior written permission.
7.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Websites unless otherwise indicated on this Website or unless given express written permission to do so by Us.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
8.2. We are committed to secure storage of Your personal information. Under no circumstances will We give or sell any information relating to Our clients to third parties, or organisations except to those of Our registered service providers who are required to render Services to You and who are bound to comply with Data Privacy Legislation.
9. LINKS TO OTHER WEBSITES
These Websites may contain links to other sites. Unless expressly stated, these sites are not under Our control and we don’t endorse these sites or their contents. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
10. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1. Disclaimer. We do not intend to exclude or limit in any way our liability to you where it would be unlawful to do so or take away any of your rights as a consumer in the UK. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2. Please note that, except as described in the Digital Advertiser Terms and Conditions and the Hirer terms and conditions (https://jobs-redefined.co/hirer-terms-and-conditions) we only provide our Websites for domestic and private use. You agree not to use our Websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3. Subject to clause 10.1 above, We exclude any and all liability to You resulting from Your use of the Websites or these Terms, including but not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to You or third parties which is related to the use of the Website or its contents.
10.4. Subject to clause 10.1 above, Your use of the Websites or their content in any way is done at your own risk and We will not be responsible for any loss or damage to any device, computer, software, IT systems or data which results directly or indirectly from the use or inability to use the Websites or their content.
10.5. We are under no obligation to provide uninterrupted access to these Websites. We reserve the right to restrict your access to this Website at any time and for any reason.
10.6. We do not guarantee that the contents of these Websites will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the Websites. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
10.7. We take no liability for the Websites being accessed by an unauthorised third party due to You not keeping Your login details secure.
10.8. We accept no liability for any disruption or non-availability of the Websites resulting from external causes which is not in our control, including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.9. If you are a consumer and we fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both We and you knew it might happen, for example, if you discussed it with us during the sales process.
10.10. This clause 10 will survive termination of the Contract.
11. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
11.1. Termination. Without limiting any of Our other rights, We may suspend or terminate these Terms with You or revoke Your access to the Websites with immediate effect by giving written notice to You if:
11.1.1. You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 (five) days of You being notified in writing to do so;
11.2. Consequences of termination. Termination of these Terms will not affect Your or Our rights and remedies that have accrued before termination.
11.3. Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
12. COMMUNICATIONS BETWEEN US
12.1. When We refer to "in writing" in these Terms, this includes e-mail.
12.2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail.
12.3. A notice or other communication is deemed to have been received:
12.3.1. if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;
12.3.2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am (GMT) on the second working day after posting; or
12.3.3. if sent by e-mail, at 9.00 am (GMT) the next working day after transmission.
12.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
13.1. Waiver. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
13.2. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.3. Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its Terms.
C. 55/Redefined Digital Advertiser Terms and Conditions
1.1 “Advertisement” shall mean any content that is either submitted to the Company or approved by the Advertiser for publication by the Company and/or any of its associated companies.
1.2 “Advertisement Copy” shall mean any information, text, drawings, diagrams, images (moving or static), sounds or any other advertising or promotional materials submitted to the Company by the Advertiser and/or approved by the Advertiser for publication by the Company.
1.3 “Advertiser” shall mean the person, firm or company placing an order for an Advertisement and shall also mean and include the Advertiser’s successors in title and assignees.
1.4 “Advertiser Materials” shall mean any material submitted to the Company by the Advertiser (excluding the Company Materials).
1.5 “Authority” shall mean all relevant organisations which regulate or monitor the Advertisements (including sponsorship campaigns), including but not limited to the Advertising Standards Agency and/or Office of Communications, or Financial Conduct Authority, where appropriate.
1.6 “Codes” shall mean all relevant guidelines, codes of practice or guidance issued by the Authority or Authorities whether on a statutory or a self-regulatory basis from time to time including but not limited to the British Code of Advertising and Sales and Promotion, British Code of Advertising Practice and any relevant codes of the Office of Communications.
1.7 “Company” shall mean 55 Redefined Ltd, a limited company registered in England & Wales with registered number 12933868.
1.8 “Company Materials” shall mean any material created or developed by the Company or its agents whether in relation to an Advertisement or not (excluding the Advertiser Materials) including any materials created in conjunction with the Advertiser or for the purposes of providing the Services.
1.9 “Contract” shall mean together these terms and the Order Confirmation Email, where appropriate.
1.10 “Data Protection Legislation” shall mean all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended] and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
1.10 “Intellectual Property Rights” shall mean rights in any and all patents, trade marks, service marks, registered and unregistered designs, database rights, copyright, business or trade names and all other intellectual property rights of a similar or corresponding nature in any part of the world, whether registered or unregistered.
1.11 “Order Confirmation Email“ shall mean, where used by the Company, the email sent to the Advertiser by the Company setting out the details of the campaign being purchased.
1.12 “Services” shall mean the services provided by the Company or its associated companies to the Advertiser as identified on the Order Confirmation Email where relevant or further agreed between the parties and set out in this Contract.
1.13 “Working Days” means Monday-Friday excluding public holidays in England.
2. ACCEPTANCE OF ORDER
2.1 An Advertiser may place an order for an Advertisement with or other Services from the Company in accordance with the provisions of clause 4, below.
2.2 The Company may, pursuant to the terms of clause 4 and always at its absolute discretion, accept an order for an Advertisement by sending the Advertiser an Order Confirmation Email. If no amendment or rejection of the Order Confirmation Email is made by the Advertiser within 3 working days of receipt, then the order shall be deemed finalised and subject to these Terms & Conditions.
2.3 Notwithstanding the above, any order for an Advertisement placed by the Advertiser and accepted by the Company shall be subject to these terms, regardless of whether an Order Confirmation Email is subsequently sent by the Company.
3. ADVERTISING AGENCIES
3.1 An Advertiser which is an advertising agency shall be deemed to enter into the Contract both as principal and as agent on behalf of any individual or organisation who requests an Advertisement. Consequently, an advertising agency and its client who requests an Advertisement shall both be responsible both jointly and severally to the Company for payment of the Services under the terms of this Contract. Where such advertising agency enters the Contract on behalf of another individual or organisation, the advertising agency will be deemed to have full authority in all matters connected with the placing of orders and the approval or amendment of Advertisement Copy.
4. ADVERTISEMENT COPY SUBMITTED BY ADVERTISER
4.1 All Advertisements will be published subject to the approval thereof by the Company.
4.2 The Advertiser shall ensure that Advertisement Copy shall be legal, decent, honest and truthful and shall ensure that such Advertisement Copy, once it has been either submitted to the Company or approved of by the Advertiser in accordance with Clause 6 shall comply with all relevant Codes and any current applicable UK legislation.
4.3 Advertisement Copy must be delivered or finally approved of by the Advertiser in accordance with Clause 5 before the scheduled publishing date unless the Company shall in any particular case agree a shorter period in writing. Delivery of Advertisement Copy by the Advertiser shall not be deemed to have been made until the Company’s technical requirements have been complied with and the relevant publishing instructions have been given by the Advertiser. No Advertisement will be published without the Company having obtained approval of the Advertisement Copy from the Advertiser in accordance with Clause 5. Failure to provide or approve of the Advertisement Copy within this time frame may lead to the inability of the Company to publish such Advertisement.
4.4 If an Advertiser fails to deliver or approve of Advertisement Copy in accordance with the provisions of this Clause 4, the Advertiser shall remain liable to pay for the Advertisement whether or not it is published.
4.5 The Company may at any time and at its discretion without incurring any liability whatsoever to the Advertiser:
4.5.1 add, edit, delete or otherwise amend Advertisement Copy if the Advertisement Copy is submitted less than 24 hours prior to the first publication and if, in the opinion of the Company, it contains unsuitable material or to ensure that it complies with the Company’s technical requirements. Regardless of such addition, editing or deletion, the Advertiser shall remain liable to pay for any such Advertisement;
4.5.2 decline to publish any Advertisement without giving any reason therefore in which circumstances the Advertiser shall not be liable to pay for any such Advertisements;
5. CREATION OF ADVERTISEMENT COPY BY THE COMPANY
5.1 The Company may, if requested by the Advertiser or as further agreed between the parties, develop and create an Advertisement for the Advertiser.
5.2 The Advertiser shall give the Company clear briefings and ensure that all the facts and instructions given about the Advertiser’s advertising requirements are accurate and complete, and shall provide all necessary information reasonably requested by the Company as soon as possible.
5.3 The Company shall provide the development service in accordance with any specifications, instructions, information or Advertiser Materials provided by the Advertiser at the commencement of the Contract.
5.4 Where any such specification, instructions, information or Advertiser Materials change from the commencement of the Contract and result in an increase of cost then the Company shall be entitled to pass on to the Advertisers the cost thereof and payment of such costs by the Advertiser will be subject to Clause 9.
5.5 By the period mutually agreed between the parties, the Advertiser shall provide the created Advertisement Copy to the Advertiser for approval. Subject to Clause 4.3, within 3 days of the submission of such Advertisement Copy by the Company, the Advertiser shall approve of or request changes to the Advertisement Copy and shall not unreasonably withhold or delay such approval.
5.6 Any Advertisement Copy amended to take into account changes requested by the Advertiser shall be delivered to the Advertiser by the Company within the reasonable time period mutually agreed between the parties for approval by the Advertiser. Subject to Clause 4.3, within 3 days of the submission of such amended Advertisement Copy, the Advertiser shall approve of or request changes to the Advertisement Copy and shall not unreasonably withhold or delay such approval. Any further changes requested by the Advertiser shall follow the procedure set out in this Clause 5.6, subject always to Clause 4.3.
5.7 If the Advertiser requests any change to the Advertisement Copy created by the Company, and such changes are outside of the instructions, specifications, information, approvals or Advertiser Materials provided to the Company, such changes shall incur additional charges and such charges shall be payable by the Advertiser in accordance with Clause 9.
5.8 If the Advertiser does not approve of the Advertisement Copy for reasons which are outside of the Company’s control or the specifications, instructions, information or Advertiser Materials provided by the Advertiser to the Company, the Advertiser shall be responsible for the charges for the development of such Advertisement Copy in accordance with Clause 9.
6. DATE AND TIME OF PUBLICATION
6.1 Unless otherwise agreed between the parties in writing, the Company does not guarantee the scheduled time and/or date or scheduled media of any publication of any Advertisement. However regardless of whether the parties have agreed scheduled times and/or dates or schedules media in writing, if for any reason the Advertisement is:
6.1.1 subject to Clause 7.3 not published during the scheduled period or in the scheduled media; or
6.1.2 not published at all; or
6.1.3 published so that a material error is made solely by the Company; or
6.1.4 published containing a material error made solely by the Company
then the Company will use its reasonable endeavours to publish such Advertisement during some other period which may be acceptable to the Advertiser and agreed by the Company provided that if no such publication is made the Advertiser will have no claim against the Company and/or Authority in respect thereof or for any loss, expense or damage whatsoever incurred as a result thereof (and the Company shall make no charge to the Advertiser for such Advertisement). In no circumstances shall the total liability of the Company for any error or omission exceed the amount of a full refund of any price paid to the Company for the Advertisement in connection with which liability arose.
6.2 It is the responsibility of the Advertiser and/or agency to check the publication dates of Advertisements and any query regarding publication dates publication must be notified by the Advertiser in writing to the Company immediately.
6.3 The Company may in its discretion offer and run free Advertisements for the Advertiser in connection with a paid Advertisement. The Advertiser acknowledges that such a free Advertisement will still be subject to the obligations on the Advertiser as set out in these terms, however the Company is under no obligation to publish the free Advertisement and such publication is entirely up to the discretion of the Company.
7.1 No refunds. Once the Advertiser’s order has been accepted by the Company, the Advertiser will be liable for full payment in respect of the entire order, notwithstanding any cancellation of the Contract for any reason. an Advertiser may not cancel the Contract for any reason.
7.2 The Company may, by giving at least three Working Days notice prior to the next publication of an Advertisement, cancel the Contract with the Advertiser.
7.3 The Company may, by written notice, terminate this Contract forthwith on any of the following events:
7.3.1 if the Advertiser commits a material breach of any of the terms of this Contract (and in relation to a breach capable of remedy, fails to remedy such breach within fourteen days of being required to do so by written notice identifying the breach and the steps which must be taken to remedy it);
7.3.2 a notice is issued to convene a meeting for the purposes of passing a resolution to wind up the Advertiser or such resolution is passed or a resolution is passed by its directors to apply for or seek a winding up order to enter administration, or a petition for a winding up order is presented against it or such order or appointment is made or a receiver, administrative receiver, administrator, receiver and manager, interim receiver, custodian, sequestrator or similar officer is appointed, or a proposal for voluntary arrangement is made, or it takes any steps with a view to readjusting, rescheduling or deferring any part of its indebtedness or it is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.
7.4 In the event of the Company’s activities being restricted, curtailed or prevented by any law, Authority or Code or any other act or thing beyond the Company’s control, the Company may at any time, notwithstanding anything hereinbefore contained, forthwith terminate these terms and Contract immediately, without prejudice to the Company’s right to be paid by the Advertiser for any monies due and owing by the Advertiser to the Company at the time of such termination.
7.5 Upon termination or expiry of this Contract, the Advertiser shall promptly return to the Company any Company Materials in its possession.
8. MATERIAL, PROPERTY LIABILITY AND INTELLECTUAL PROPERTY
8.1 While every care will be taken in respect of Advertisement Copy, Advertiser’s Material or other material, the Company cannot accept liability for the loss, damage, destruction or delay in delivery thereof, whether in transit and whether or not such Advertisement Copy or other material are supplied by the Company.
8.2 As between the Company and the Advertiser, the Company shall retain Intellectual Property Rights in all material developed in connection with the performance of the Services (including the Company Materials but excluding Advertiser Materials).
8.3 The Advertiser shall not publish or otherwise disclose any information relating to the Advertisement (including but not limited to the Advertisement) to any third party unless the Advertiser has obtained the Company’s prior written consent to such publication or disclosure.
8.4 The Advertiser shall retain Intellectual Property Rights in the Advertiser Materials provided at the commencement date of the Contract. The Advertiser provides the Company with a perpetual, non-exclusive, non-transferrable, royalty-free, worldwide licence to use the Advertiser Materials.
8.5 Each party shall at its own expense execute such documents and do all other things as may be reasonably required by the other to enable the other party to obtain the full benefit of the Contract and to assure the other party the rights agreed and granted under this Contract.
9.1 All Advertisement bookings are accepted on the understanding that they will be paid for at the rates in force at the date of publication of the Advertisement.
9.2 Invoices may be rendered by the Company following an Order Confirmation Email. Any credit provided to the Advertiser will be at the Company’s sole discretion.
9.3 Subject to Clause 9.2 all invoices shall be due and payable in full 7 days following the invoice date and in default of such payment (and without prejudice to any other rights or remedies of the Company) the Company shall be entitled to refuse to publish any Advertisement for which an order has been accepted by the Company and in such circumstances all fees due to the Company under this Contract shall remain due and payable by the Advertiser as though the Advertisement had been published.
9.4 The existence of a query on any individual item in any account shall not affect the due date of payment of the account. The Advertiser shall make all payments due under this Contract without any deduction whether by way of counterclaim, set-off, discount, or otherwise unless the Company has authorised the same in writing. Queries and/or disputes regarding any advertisement must be notified to the company within 7 days of publication in writing to the accounts dept.
9.5 All charges and costs quoted by the Company are exclusive of any applicable value added tax or additional disbursements incurred by the Company in relation to the Advertisement which the Advertiser shall also be liable to pay.
9.6 If the Advertiser fails to make payment on the due date the Company shall without prejudice to any other remedy be entitled to charge statutory interest on the amount unpaid at the rate of 5% above the prevailing Bank of England base rate until payment is made in full. Such interest shall be paid by the Advertiser on demand by the Company.
10. LIMITATION OF LIABILITY
10.1 Neither party excludes or limits liability to the other party for death, personal injury or fraud.
10.2 Subject to Clauses 6.2 and 10.1 above this clause sets out the Company’s sole and exclusive remedies in respect of the performance, non-performance, poor performance or otherwise in relation to this Contract whether entering into or performance of this Contract.
10.3 Save as provided in Clause 10.1, the Company shall not be responsible for losses, charges, costs or expenses (whether such losses or damages were foreseen, foreseeable, known or otherwise) howsoever caused (including without limitation by negligence) including but not limited to:
10.3.1 loss of sales or turnover;
10.3.2 loss of anticipated savings;
10.3.3 loss of customers;
10.3.4 loss or damage to or corruption of data;
10.3.5 loss of actual or anticipated profits;
10.3.6 loss of opportunity;
10.3.7 loss of goodwill;
10.3.8 loss of reputation; or
10.3.9 consequential or indirect loss or damage, costs, expenses or other claims for consequential compensation (howsoever caused); which arise out of or in connection with this Contract or the Services provided by the Company (including but not limited to any advice or recommendations provided by the Company).
10.4 Subject to clause 10.1 above the Company’s aggregate and total liability in contract, tort (including negligence), breach of statutory duty (misrepresentation or otherwise) arising under or in connection with this Contract or any act or omission by the Company in the performance of its obligations under this Contract shall not exceed the costs of the original Advertisement campaign to which the claim relates. Where the claim relates to one defective Advertisement, the Company’s total and aggregate liability shall be limited to a pro rata refund for that defective Advertisement.
10.5 Any advice or recommendation given by the Company or its employees shall be followed or acted upon entirely at the Advertiser’s risk.
11. WARRANTIES AND INDEMNITIES
11.1 The Advertiser warrants and undertakes to the Company:
11.1.1 that the Advertiser will be responsible for and shall obtain and pay for all necessary licences and consents required for the publication of any material used or provided or approved of in any Advertisement or the reference to any person therein prior to the submission or approval of the Advertisement by the Advertiser to the Company;
11.1.2 that it will inform the Company immediately of any complaint or concern raised with the Advertiser; and
11.1.3 that no Advertisements will breach the Intellectual Property Rights or be defamatory of any third party.
11.2 The Advertiser shall indemnify and keep the Company indemnified against all actions, proceedings, costs, damages, expenses (including reasonable legal costs and expenses), awards, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use, development of publishing of any material supplied by the Advertiser or approved of by the Advertiser and published by the Company and shall provide all reasonable assistance to the Company in connection with any civil, administrative or criminal proceedings.
12. CHANGE OF RATES AND CONDITIONS
12.1 The Company shall be entitled to change Advertisement rates, time segments and the classification of Advertisements or any of these terms by not less than 14 days written notice to the Advertiser and in the event of such a change the rates payable and the terms applicable to any Contract for the Advertisement shall be those in force at the time of publishing.
12.2 The Advertiser may by written notice to the Company within 14 days of receiving notice of such change cancel any order for an Advertisement to which the changed rates or terms would otherwise apply.
12.3 The Company may from time to time make special charges and/or conditions for certain types of Advertisements or for bookings at certain periods. These shall be notified to the Advertiser in writing.
14.1 Both parties shall keep confidential and shall not at any time reveal or cause to be revealed to any person, firm or company any of the trade secrets, business methods or confidential information which is known to be or ought reasonably to have been known to be confidential concerning the business or affairs of the other party, provided that this clause shall not apply to any information which can be shown to be:
13.1.1 in the public domain at the time it was disclosed; or
13.1.2 information which had previously come into the possession of the other party without a breach of any obligation of confidence; or
13.1.3 information which had become public knowledge other than by breach of this Contract.
14. PERSONAL DATA
14.1 Each party shall comply with the requirements of all legislation, regulations and Codes in force in relation to the processing of personal data including, without limitation, the Data Protection Legislation and each party shall comply with the relevant obligations of the Data Protection Legislation. The parties shall each take appropriate steps to ensure that its employees and agents comply with the Data Protection Legislation.
14.2 Each party shall deal promptly and in good faith with all reasonable and relevant enquiries from the other party or any other third parties relating to its processing of personal data under these terms.
14.3 Each party shall, if it receives any communication or request from an Authority or other regulator, data subject or third party which relates to the other party's processing of personal data under these terms (including any actual or alleged breach of the Data Protection Legislation) without undue delay (at least within 24 hours) forward such communication to the other party and provide reasonable cooperation and assistance to the other party in relation to the same.
14.4 Where the Company acts as data processor in respect of personal data collected as part of the Services or any individual Advertisement:
14.4.1 the scope, nature, purpose and duration of the processing will be agreed between the parties in writing (including how long the Company should retain the personal data) and the personal data must be used in accordance with what is agreed only;
14.4.2 the Advertiser shall ensure that the personal data shared between the parties must only be what is necessary to fulfil the agreed purpose and shall communicate to the Company any special conditions that apply to the processing; and
14.4.3 the Advertiser must ensure that it has a valid legal basis for the Company to process the personal data.
14.5 Whilst the Company will use reasonable endeavours to forward to the Advertiser any responses that it received to Advertisements from individuals wishing to contact the Advertiser regarding the Advertisement (subject to receiving the requisite consents from those individuals), the Company accepts no liability in respect of any loss or damage that arises (or is alleged to have arisen) as a result of any delay or omission in forwarding such responses.
15. FORCE MAJEURE
Neither party shall be liable to the other for any failure in the performance in any obligation hereunder if that failure is caused by war, strike, industrial action or slowdown, utility failures, failure of suppliers, lockout, accident, fire, blockade, import or export embargo, natural catastrophe, or other circumstance over which the parties sought to be made liable had no control.
If any part of this Contract is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable then such part will be severed from the remainder of this Contract, which will continue to be valid and enforceable to the fullest extent permitted by law.
No forbearance, delay, or other indulgence by either party in enforcing the provisions of this Contract shall prejudice or restrict the rights of that party, nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy conferred upon or reserved to either party by this Contract is exclusive of all other rights, powers, or remedies available to that party and each right, power or remedy shall be cumulative.
These terms shall be governed by the laws of England and the parties thereto hereby submit to the exclusive jurisdiction of the English courts.