PRIVACY POLICY (to update)
30/08/2022
This site uses a VeriSign SSL123 Certificate to offer secure communications by encrypting all data to and from the site. VeriSign has checked and verified the site’s registered domain name.
We are committed to protecting our customer’s privacy. We are entirely open about our information gathering practices. Please take the time to review this notice which states our privacy policy.
For us to process your order, we need to know your name, email address, delivery address, credit/debit card number, security code and expiry date. We will not collect any information about you unless it is specifically and knowingly provided by you. The information we collect will be accurate and up to date. You can check this at any time by contacting our customer care department. We will immediately correct any inaccuracies you report.
Additionally, we will look at the products you buy, together with the way you view our site to enable us to send you information about products and services that you may be interested in. We will use this information to tailor your view of the site to make it more interesting and relevant in respect of the products and offers on view.
We collect information about our customers via server logs, cookies, order forms and competitions. A cookie is a file that your web browser places on your computer’s hard disk for record keeping purposes. The information collected in this way can be used to identify you unless you modify your browser settings. The cookie does not store any credit/debit card information nor password details. Please see our Cookie Policy here for further information.
We have business and technical partners whom we share data with to handle orders, process credit and debit card payments and provide a range of services, including for fraud protection purposes. They are bound by Data Protection covenants and must process the personal information in accordance with this privacy policy. You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
We may also use your data, or permit our group companies to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by. If you do not want us to use your data in this way, please change the settings in your account. Replying to the ‘unsubscribe’ link in promotional mail will also ensure that your name is removed from our mailing list.
This website employs VeriSign and industry-standard SSL to provide secure credit card transactions. SSL is a communications protocol for transmitting private information over the internet. It works by encrypting data that is transmitted over the SSL connection. When you place an order, your credit/debit card information is encrypted and then sent over the internet using an SSL connection. No one can read or access the data that is being transmitted.
It is important for you to protect against unauthorised access to your password and to your computer. Ensure that you log out when you finish using a shared computer.
In addition to the company’s safeguards, your personal data is protected in the UK by the Data Protection Act (the ‘Act’). The Act requires us, as registered Data Controllers, amongst other things to ensure that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should, where necessary, be kept up to date and not retained for longer than is necessary. It should be kept securely to prevent unauthorised access by other people.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. Fraudulent transactions will not be tolerated by us and such transactions will be reported to the relevant authorities.
Contact Us
If you have any queries on any aspect of the above policy, please contact us.
USER AGREEMENT (to update)
30/08/2022
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COOKIE SETTINGS (to update)
30/08/2022
We collect information about our customers via server logs, cookies, order forms and competitions. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The information collected in this way can be used to identify you unless you modify your browser settings. None of our cookies store any credit/debit card information nor password details.
TERMS AND CONDITIONS (to update)
30/08/2022
1. INTERPRETATION
1.1. Definitions
In these Conditions, the following definitions apply:
Additional Retention Period: means a period of time to be agreed between the Client and the Company for which the Digital Assets will be kept on the Company’s archive servers, subject to the payment of the additional retention period fees.
Background IPRs: means all Intellectual Property Rights in any materials, documents or other items which are owned by the Company or licensed to the Company or any prototypes, working documents, or alternative versions of the Deliverables which are not selected by the Client as the final goods. Any Intellectual Property Rights created in the development or design of the Deliverables (but excluding any rights comprised entirely in the Deliverables) shall constitute Background IPRs.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in (THE UK) London are open for business.
Charges: the charges payable by the Client for the supply of the Services in accordance with condition 00.
Commencement Date: has the meaning set out in condition 00.2.
Company: TBC Ltd. (trading as ‘TBC’) registered in England and Wales with company number 00000000.
Conditions: these terms and conditions as amended from time to time in accordance with condition 00.8.
Contract: the contract between the Company and the Client for the supply of Services consisting of these Conditions, the Quotation, and the Order unless otherwise specified by the Company from time to time in writing.
Client: the person or firm who purchases Services from the Company.
Client Materials: all materials provided to the Company by the Client during the course of the Company’s provision of the Services including but not limited to all images, text and other materials utilised by the Company.
Data Retention Period: the period of 90 days for which the Digital Assets will be kept on the Company’s servers.
Deliverables: the deliverables as set out in the Specification and as produced by the Company for the Client which are expressly set out in the Specification but excluding any Background IPRs, Model Rights, materials belonging to the Company or any third parties, including in particular any such materials created prior to the date of the Order and any source code for any computer programme, whether or not expressly described as not forming part of the deliverables.
Delivery Date: the date that the final Deliverables are provided to the Client by the Company as stated in writing in the Quotation, or if earlier, the date the Deliverables are actually provided to the Client or as otherwise notified to the Client by the Company in writing.
Digital Assets: has the meaning as set out in condition 00.7 of these Conditions.
Handover Communication: an e-mail to the Client from the Company confirming the Deliverables and the Digital Assets have been transferred to the Client.
Image Rights: all Intellectual Property Rights in any photographs, images, video clips or other media containing Models and/or Locations.
Intellectual Property Rights: all vested, contingent and future intellectual property rights including but not limited to all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Location(s): means those locations or premises detailed in the Quotation.
Models: means those models named in the Quotation or such other models used by the Company or any third party in respect of the provision of the Services from time to time.
Order: the Client’s order for Services pursuant to the Quotation as set out in the Client’s purchase order (or such other medium as is acceptable to the Company and notified to the Client in writing from time to time). Any such order for Services shall be deemed to incorporate the Quotation.
Quotation: means the quotation provided by the Company to the Client incorporating the Specification and setting out the fees payable in respect of the Services and any Special Terms
Services: the production services, including the Deliverables, supplied by the Company to the Client as set out in the Specification.
Special Terms: means any additional terms included in the Quotation.
Specification: the description or specification of the Services provided in writing by the Company to the Client as amended from time to time by the Company giving notice to the Client in writing.
0.2. CONSTRUCTION
0.2.1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
0.2.2. a reference to a party includes its personal representatives, successors or permitted assigns;
0.2.3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
0.2.4. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
0.2.5. a reference to writing or written includes e-mails.
00. INTELLECTUAL PROPERTY RIGHTS
00.1. Save as set out in condition 0.4 below, all Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Company unless otherwise expressly stated in these Conditions.
00.2. The Client acknowledges that, in respect of any third party Intellectual Property Rights, the Client’s use of any such Intellectual Property Rights is conditional on the Company obtaining a written licence from the relevant licensor on such terms as will entitle the Company to license such rights to the Client for the relevant licence fee.
00.3. Where the Specification confirms that the Company will present the Client with a number of options for the Deliverables and the Client selects an option, only the option selected shall form part of the Deliverables, and all Intellectual Property Rights in the other options belong to the Company absolutely and the Company may use these other options for any purpose whatsoever.
00.4. Pursuant to and for the consideration set out in the Order, the Company (in so far as it is able) hereby assigns to the Client all its rights, title and interest in and to the Deliverables to include (but not be limited to) the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of the Deliverables whether occurring before, on, or after the Delivery Date. For the avoidance of doubt, any Background IPRs or Image Rights comprising part of the Deliverables shall be licensed to the Client pursuant to a non-exclusive, royalty-free, non-assignable licence for the sole purpose as set out in the Quotation.
00.5. Subject to the assignment set out in condition 0.4 above, the Client hereby grants to the Company a royalty-free, irrevocable and perpetual non-exclusive licence to use the Deliverables for business promotion and marketing activities, on any channel for Worldwide usage.
00.6. For the avoidance of doubt, the Client acknowledges that all trades marks and associated branding of the Company (including but not limited to logos) belong to the Company, and the Client has no rights (unless expressly authorised in writing by the Company) to use, apply or alter any such trade marks and associated branding of the Company.
00.7. All Intellectual Property Rights and all other rights in the Client Materials shall be owned by the Client. The Client hereby licenses all such rights to the Company free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Company to provide the Services as set out in the Quotation or otherwise agreed in writing between the parties.
00.8. All Models and Locations (and any Image Rights in respect of such Models or Locations) are supplied on a non-exclusive basis unless otherwise specified in the Quotation. Unless otherwise specified in the Quotation, the Client’s licence to use the Image Rights in respect of the Services shall be as agreed in the Model and/or Location agreement. Where the Client requires additional rights, additional fees shall be payable in respect of such rights, to be agreed in writing between the parties. Any variation in the terms (including the provisions of any licence for use of the Image Rights) upon which any Models and Locations are provided shall be notified to the Client by the Company in writing.
00.9. It is the responsibility of the Client to ensure that the rights provided in condition 0.8 above are sufficient for the purposes set out in the Quotation. The Company accepts no responsibility in respect of any additional Models and/or Locations required, unless otherwise agreed in writing in advance. If the client requires a variation to the rights It is the responsibility of the client to obtain third party clearance.
00. CONFIDENTIALITY
00.1. A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. For the avoidance of doubt, this condition 00 shall not apply to any information which was:
00.1.1. in the possession of the party making the disclosure, without obligation of confidentiality, prior to its disclosure; or
00.1.2. obtained from a third party without obligation of confidentiality; or
00.1.3. already in the public domain at the time of disclosure otherwise than through a breach of this agreement; or
00.1.4. independently developed without access to the other party’s confidential information. This condition 00 shall survive termination of the Contract.
This condition 00 shall survive termination of the Contract.
00. LIMITATION OF LIABILITY
00.1. Nothing in these Conditions shall limit or exclude the Company’s liability for:
00.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
00.1.2. fraud or fraudulent misrepresentation; or
00.1.3. breach of the terms implied by section 00 of the Supply of Goods and Services Act 1982 (title and quiet possession).
00.2. Subject to condition 00.1:
00.2.1. to the maximum extent permitted by the law, the Company shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of revenue, loss of reputation or any indirect or consequential loss of any nature arising under or in connection with the Contract;
00.2.2. the Company shall not be liable to the Client in respect of any items purchased by the Client from any third party and the Client accepts that it has not relied upon any recommendation made by the Company and has satisfied itself as to the quality and/or fitness for purpose of such items purchased;
00.2.3. the Company shall not be liable to the Client in respect of any of the obligations upon the Client to meet any regulatory requirements, and shall not be responsible for ensuring that any Deliverables comply with any applicable regulatory standards, including guidance of regulatory bodies, requirements, regulations or applicable laws as regards marketing:
00.2.3.1. to children;
00.2.3.2. of alcohol or tobacco; and/or
00.2.3.3. any product regulated by the FCA or subject to regulation as a medical or pharmaceutical product, and the Client acknowledges that it shall be responsible for ensuring that any use of the Deliverables complies with all applicable regulatory standards, including guidance of regulatory bodies, requirements, regulations or laws in any jurisdiction in which the Deliverables are used, communicated or shown.
00.2.4. subject to condition 00.2.1, to the maximum extent permitted by law the Company’s total aggregate liability to the Client in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges for the relevant Order with regard to which the Client is claiming loss.
00.3. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
00.4. This condition 00 shall survive termination of the Contract.
00. DATA PROTECTION AND DATA USE
00.1. Within this condition, “Data Protection Act” means the Data Protection Act 2018 and “Data Controller”, “Data Processor” and “Personal Data” have the same meanings as in that Act.
00.2. With respect to the parties’ rights and obligations under these Conditions, each party shall be the Data Controller for information that it obtains in the course of carrying out its business as permitted under these Conditions. To the extent that the Client needs access to Personal Data relating to its receipt of the Services, then the Company shall be the Data Controller and the Client shall be the Data Processor in respect of such Personal Data.
00.3. The Client shall (and shall ensure that its sub-contractors (if any) shall):
00.3.1. only process Personal Data relating to its receipt of the Services in accordance with instructions from the Company (which may be specific instructions or instructions of a general nature as set out in these Conditions or as otherwise notified by the Company to the Client during the term of the Contract) and comply with any request from the Company to amend, transfer or delete such Personal Data;
00.3.2. only process Personal Data to the extent, and in such manner, as is necessary for the provision of the Services and/or its obligations under these Conditions or as is required by law or any regulatory body;
00.3.3. upon receipt of any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Data or to either party’s compliance with the Data Protection Act and the data protection principles set out therein, it shall immediately notify the Company and it shall provide the Company with full co-operation and assistance in relation to any such complaint, notice or communication;
00.3.4. implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected; and
00.3.5. not perform its obligations under the Contract in such a way as to cause the Company to breach any of its applicable obligations under the Data Protection Act. The Client shall not transfer or process any Personal Data outside the European Economic Area without the prior written consent of the Company.
00.4. By entering into this Contract, the Client is hereby providing express consent to sharing any data or personal data for the purposes of undertaking searches and enquiries and obtaining references or other information the Company considers necessary, including carrying out searches with credit reference agencies and fraud-prevention agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies.
00.5. From time to time, the Company may provide the Client with access to its computer systems (“System”) for the sole purpose of the Company providing the Services. Where the Client is provided with access to the Company’s systems, without prejudice to the other terms in these Conditions, the Client shall, and shall ensure that its employees, agents and representatives:
00.5.1. keep all passwords and access codes safe, and shall not share any user names, pass codes or passwords with any person other than those authorised by the Company to access the System;
00.5.2. comply with all policies notified to the Client including any security policy, access policy or terms of use;
00.5.3. do not use any content made available on the systems by the Company for any purpose other than as set out in this Contract;
00.5.4. do not misuse such access, whether intentionally or accidentally introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; and
00.5.5. do not attempt to gain unauthorised access to the Company’s systems, including the servers, computers or any database. The Company will report any such breach to the relevant law enforcement authorities and the Company will co-operate with those authorities by disclosing such information as is required, including any Personal Data of the Client, its employees, agents or other parties.
00.7. The Company shall keep photographs, video, edited and unedited, artwork files and associated production data relating to the Services (“Digital Assets”) available on the System for the Data Retention Period. Following this Data Retention Period, the data shall be automatically deleted without further notice, unless the Company and the Client agree an Additional Data Retention Period in accordance with condition 00 above.
00. GENERAL
Effective and updated: 00 Month 2022