Data Protection Terms & Conditions
Last Updated: 21/05/2018 // V1.9
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means an account required to access and/or use certain areas and features of Our Site;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of Our Site.
means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site.
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
- 2.1 (“Our Site”), is owned and operated by the Company.
- 2.2 We are registered as a Data Controller on the Data Protection Register with the Gibraltar Regulatory Authority (GRA) and our registration number is DP 011872.
- 3.1 Access to Our Site is free of charge.
- 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- 4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable Gibraltar and international intellectual property laws and treaties.
- 4.2 Subject to sub-Clauses 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless given express written permission to do so by us.
- 4.3 You may:
- 4.3.1 Access, view and use our site in a web browser (including any web browsing capability built into other types of software or app);
- 4.3.2 Download Our Site (or any part of it) for caching;
- 4.3.3 Print pages from our site;
- 4.3.4 Download extracts from pages on our site; and
- 4.3.5 Save pages from Our Site for later and/or offline viewing.
- 4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- 4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
- 5.1 You may link to Our Site provided that:
- 5.1.1 You do so in a fair and legal manner;
- 5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- 5.1.3 You do not use any logos or trade marks displayed on our site without Our express written permission; and
- 5.1.4 You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
- 5.2 You may not link to Our Site from any other site the main content of which contains material that:
- 5.2.1 is sexually explicit;
- 5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
- 5.2.3 promotes violence;
- 5.2.4 promotes or assists in any form of unlawful activity;
- 5.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- 5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- 5.2.7 is calculated or is otherwise likely to deceive another person;
- 5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- 5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
- 5.2.10 implies any form of affiliation with Us where none exists;
- 5.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
- 5.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- 5.3 The content restrictions in sub-Clause 5.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.2. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- 7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
- 7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- 7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- 8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
- 8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
- 8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- 8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
- 8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- 8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- 9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
- 9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- 9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- 9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- 9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- 9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- 10.1 You may only use Our Site in a manner that is lawful. Specifically:
- 10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- 10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- 10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- 10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- 10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
- 10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
- 10.2.2 issue you with a written warning;
- 10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- 10.2.4 take further legal action against you as appropriate;
- 10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- 10.2.6 any other actions which We deem reasonably appropriate (and lawful).
- 10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- 11.2 By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for marketing services. For more details, please refer to section 11.3.5 below.
- 11.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
- 11.3.1 Strictly Necessary Cookies - A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
- 11.3.2 Analytics Cookies - It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
- 11.3.3 Functionality Cookies - Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
- 11.3.4 Targeting Cookies - It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.
- 11.3.5 Third Party Cookies - Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
- 11.3.6 Persistent Cookies - Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
- 11.3.7 Session Cookies - Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
- 11.4 Cookies on Our Site are not permanent and will expire after 30 days.
- 11.6 For more specific details of the Cookies that We use, please refer to the table below.
- 12.1 Before Cookies are placed on your computer or device, you will be shown a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow and/or deny different categories of Cookie that We use.
- 12.2 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- 12.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
- 12.3.1 Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
- 12.3.2 Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835
- 12.3.3 Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
- 12.3.4 Safari (macOS): https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB
- 12.3.5 Safari (iOS): https://support.apple.com/en-gb/HT201265
- 12.3.6 Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences
- 12.3.7 Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)
- 15.2 For more information about privacy, data protection and our terms and conditions, please visit the following
- 16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
- 16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- 17.1 Any and all Personal Data that We may collect will be collected, used and held in accordance with the provisions of the GDPR and your rights and Our obligations under the same.
- 17.2 We may use your Personal Data to:
- 17.2.1 Reply to any communications you send to us;
- 17.3 For more information on our Data Protection Policy, please refer to the Data Protection Privacy Notice here .
- 18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Gibraltar.
- 18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- 18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Gibraltar.
- 18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Gibraltar.
Copyright © www.covermagpie.co.uk 2022