Website Terms and Usage
- TERMS OF WEBSITE USE
- INFORMATION ABOUT US
- ACCESSING THE WEBSITE
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or our entire site.
- INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it (the “Works”). The Works are protected by International copyright laws and treaties and the word “MBSE” and our log are registered trademarks (“Trademarks”) in major jurisdictions around the world. All our rights in respect of the Works and Trademarks are reserved.
Subject to the provisions of copyright laws such as the Copyright, Designs and Patents Act 1988 (as amended from time to time) and subject to the paragraph immediately following you may print off one copy and may download extracts of any page from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, images, photographs, video, music, audio or any graphics separately from their accompanying text. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. You must not alter, delete or conceal any copyright or other notices accompanying any materials on the Website.
You must not use any part of the materials on the Website for commercial purposes without obtaining a written licence to do so from us.
- RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Website are not intended to constitute advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
- THE WEBSITE CHANGES REGULARLY
We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website e or close it indefinitely. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
- OUR LIABILITY
The material displayed on the Website is provided without any guarantees, conditions, representations or warranties as to its accuracy. To the extent permitted by law, we, and the members of our group of companies and third parties connected to us hereby expressly exclude:
7.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.2 any liability for any direct, indirect or consequential loss or damage incurred by you or any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it including but not limited to any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of reputation, loss of goodwill, wasted management or office time, and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
- TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
Contracts for the supply of services or information formed through the Website or as a result of visits made to the site are governed by our terms and conditions of equipment hire.
- VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website including via a denial-of-service attack or a distributed denial-of service attack. You must not send unsolicited commercial emails, including spam and chain mails, to the email addresses provided on the Website. Your must not post or transmit to the Website any unlawful, threatening, libellous, defamatory, obscene, independent or pornographic material, or any material of any kind which violates or infringes the rights of any other person.
By breaching any provision of this clause 10, you understand that you would commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time). Upon discovery we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- LINKING TO THE WEBSITE
You may link your website to any publicly accessible page on the Website provided always that you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association or connection with us or our group of companies or approval or endorsement on our part where none exists. We reserve the right to withdraw this linking permission at any time and without notice and you hereby agree that you will promptly comply with any request by us to remove a link to the Website from your website.
The Website must not be “framed” (meaning displayed on another site within a frame or window) on any other site. We reserve the right to change the URL of any page or withdraw linking permission without notice. If you wish to make any use of material on the Website other than that set out above, please address your request to firstname.lastname@example.org
- LINKS FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- JURISDICTION AND APPLICABLE LAW
- TRADE MARKS
“MBSE”, “MBS Equipment”, “MBS Equipment Co” and ”MBSE Co” “MBS Equipment Company are registered trademarks of MBSE.
- ENTIRE AGREEMENT
- YOUR CONCERNS
If you have any concerns about material which appears on the Website, please contact email@example.com. Thank you for visiting our Website.
1.2. For the purpose of the Data Protection Act 1998 (“Act”), the data controller is MBSE.
- Information We May Collect From You
2.1. We may collect and process the following data about you:
- information that you provide by filling in forms on our site http://www.mbseco.uk and any sub-domains (”Website”). This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website;
- if you contact us, we may keep a record of that correspondence;
- we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
- details of transactions (for goods, services or information) you carry out through our Website and the fulfilment of your orders;
- details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access; and
- information that you provide upon registration when attending one of our studios including, but not limited to, your photograph, driving licence details and contact telephone number.
- IP Addresses and Cookies
3.1. When you access our Website, we may collect information about your computer including, where available, your IP address, operating system and browser type for system administration and to report aggregate information to our advertisers. This is statistical data about our Website users’ browsing actions and patterns and does not identify any individual.
3.2. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us to:
- estimate our audience size and Website usage patterns;
- store information about your preferences and so allow us to customise our Website according to your individual interests;
- speed up your searches; and
- recognise you when you return to our Website.
- Where We Store Your Personal Data
4.2. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- Uses Made of the Information
5.1. We use information held about you in the following ways:
- to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us including, but not limited to, ensuring the security of the premises of our studios;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to notify you about changes to our service;
- to provide you with information about goods and services which may be of interest to you and we may contact you about these by post, telephone or electronic means (e-mail or SMS);
- if you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you; and
- if you are a new customer we will contact you by electronic means only if you have consented to this.
5.2. If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data or notify us in writing at firstname.lastname@example.org
5.3. We do not disclose information about identifiable individuals to our advertisers but we may provide them with aggregated information about our Website users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregated information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to target a particular audience.
- Disclosure of Your Information
6.1. We may disclose your personal information to any member of our Group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
6.2. We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if MBSE or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
- Your Rights
7.1. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right at any time by contacting us. Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for such websites or policies. Please check these policies before you submit any personal data to these websites.
- Access to Information
8.1. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10.00 to meet our administrative costs in providing you with details of the information we hold about you.
Data Protection Policy
1.1 In order to operate efficiently, it is necessary for MBSE (“MBSE”) to collect information about people and organisations with whom it works. This may include current, past and prospective employees, customers, contractors, suppliers and members of the public. It may also be necessary for information to be collected and used in order to comply with legal or regulatory requirements.
- Data Protection Act 1998
2.1 The correct treatment of information collected by MBSE is of paramount importance and MBSE seeks fully to support and adhere to the provisions of the Data Protection Act 1998 (“Act”).
2.2 The Act has two principal purposes:
- to regulate the use of data by those who obtain, hold and process Personal Data (known as “Data Controllers”); and
- to provide certain rights to those individuals whose Personal Data is held (known as “Data Subjects”).
2.3 For the purpose of the Act, the Data Controller for MBSE is MBSE.
2.4 “Personal Data” means information held by MBSE from which individuals may be identified. This might include information such as names, addresses, telephone numbers, photographs, driving licences and other personal information. Personal Data can also include any expression of opinion about an individual or any indication of MBSE’s intentions towards an individual.
2.5 “Sensitive Personal Data” means Personal Data consisting of information as to an individual’s race or ethnic origin, political opinions or allegiance, religious or other beliefs of a similar nature, membership of a trade union, physical or mental health or condition, sexual life, commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed.
2.6 “Processing” has a wide meaning under the Act and includes all aspects of handling Personal Data such as obtaining, recording, editing, revising, storing, sharing, archiving or destroying.
2.7 The Act is based upon eight data protection principles (“Data Protection Principles”). The remainder of this policy is intended to set out the basis upon which MBSE shall comply with the Act, and in particular, the Data Protection Principles.
- Principle One – Processing Personal Data Fairly and Lawfully
3.1 When processing Personal Data, MBSE shall ensure that:
- it has a legitimate reason for collecting and using the Personal Data;
- the Personal Data is not used in ways that may have adverse consequences for the individual concerned;
- a ‘Privacy Notice’ is available to individuals at the time their Personal Data is collected, detailing the purpose for which the Personal Data will be held;
- the Personal Data is only handled in ways an individual would reasonably expect; and
- the Personal Data is not used unlawfully.
- Principle Two – Processing Personal Data for Specified Purposes
4.1 When processing Personal Data, MBSE shall ensure that:
- it is made clear from the outset why Personal Data may be collected and how it may be used;
- the Personal Data is processed fairly; and
- prior consent is obtained if the purpose for which the Personal Data was originally collected changes.
- Principle Three – Amount of Personal Data Held
5.1 When processing Personal Data, MBSE shall ensure that the amount of Personal Data held does not exceed the level required to properly fulfil the purpose for which it was originally collected.
- Principle Four – Keeping Personal Data Accurate and Up To Date
6.1 When processing Personal Data, MBSE shall ensure that:
- reasonable steps are taken to ensure the accuracy of the Personal Data collected;
- the source of any Personal Data collected is clear;
- where necessary, take reasonable steps to keep Personal Data up to date; and
- when challenged, take reasonable steps to verify the accuracy of Personal Data held.
- Principle Five – Retaining Personal Data
7.1 When processing Personal Data, MBSE shall ensure that:
- the length of time that Personal Data is kept is reviewed periodically;
- the purpose for which the Personal Data has been collected is reviewed periodically;
- to determine whether or not that purpose has been fulfilled and the Personal Data needs to be retained;
- Personal Data that is no longer required is securely deleted; and
- Personal Data that is no longer accurate is updated, archived or securely deleted.
- Principle Six – Rights of Individuals
8.1 MBSE acknowledges that individuals have been granted the following rights under the Act:
- right to access a copy of the Personal Data held;
- right to object to processing of Personal Data that is likely to cause damage or distress;
- right to prevent processing of Personal Data for direct marketing;
- right to object to decisions being taken by automated means e.g. online forms or questionnaires;
- right, in certain circumstances, to have inaccurate Personal Data rectified, blocked, erased or destroyed; and
- right to claim compensation for damages caused by a breach of the Act.
- Principle Seven – Information Security
9.1 When processing Personal Data, MBSE shall ensure that:
- appropriate security measures are in place to protect against unauthorised or unlawful processing of Personal Data;
- policies are in place to deal with any breach of security swiftly and effectively; and
- all MBSE staff understand the importance of protecting Personal Data, including MBSE’s duties under the Act, the responsibilities of individual staff members for protecting Personal Data, the dangers of people trying to obtain Personal Data by deception and restrictions are placed on the use of work computers for personal reasons to avoid, for example, virus infection.
- Principle Eight – Sending Personal Data outside the European Economic Area (“EEA”)
10.1 When processing Personal Data, it may be necessary for MBSE to transfer such Personal Data to a country or territory outside the EEA. In doing so, MBSE shall ensure that:
- Personal Data is only transferred to a country or territory that has adequate levels of protection for the rights of individuals to whom the Personal Data relates; and
- all steps reasonably necessary are taken to ensure the Personal Data is treated securely before, during and after transfer.
- Conditions for Processing of Personal Data
11.1 When processing Personal Data, MBSE shall (in addition to compliance with the Data Protection Principles) ensure that at least one of the following conditions is met:
- individuals have consented to the processing of Personal Data;
- the processing of Personal Data is necessary for the performance of a contract with the individual;
- the processing of Personal Data is necessary to comply with a legal obligation (other than one imposed by contract);
- the processing of Personal Data is necessary to protect the vital interests of the individual;
- the processing is necessary for the administration of justice or for the exercise of statutory, governmental or other public functions; or
- the processing is necessary in order to pursue a legitimate interest of MBSE.
11.2 When processing Sensitive Personal Data, MBSE shall ensure that one of the following conditions is also met:
- individuals have expressly consented to the processing of Personal Data;
- the processing of Personal Data is necessary to comply with the requirements of employment law;
- the processing of Personal Data is necessary to protect the vital interests of the individual or another person;
- the processing of Personal Data relates to legal proceedings, the obtaining of legal advice or establishing, exercising or defending legal rights;
- the processing of Personal Data is necessary for the administration of justice or exercising statutory or governmental functions;
- the processing of Personal Data is necessary for medical purposes and is undertaken by a health professional or someone who is subject to an equivalent duty of confidentiality; or
- the processing of Personal Data is necessary for monitoring equality of opportunity.
- Subject Access Requests
12.1 The Act gives individuals the right to access information held about them. A right of access can be exercised by submitting a subject access request (“SAR”). Following receipt of a SAR MBSE may, if it thinks necessary, request supporting documentation to establish that the individual making the SAR is the person to whom the Personal Data relates.
12.2 The fee for a SAR is £10.00 to meet MBSE’s administrative costs in providing details of the information held.
12.3 Only once payment of the fee has been received is MBSE under an obligation to comply with the SAR. MBSE then has 40 days to provide the information requested.
- Legal Requirements
13.1 It may be necessary for MBSE to disclose Personal Data if required to comply with legislation or an order of a court or tribunal. If required to do so, MBSE shall use reasonable endeavours to notify any individual(s) of such requirement, unless legally restricted from doing so.
14.1 This policy will be reviewed periodically to take account of changes in the law and guidance issued by the Information Commissioner.
- Further Information
15.1 For further information on the Act, please visit the Information Commissioner’s website at www.informationcommissioner.gov.uk.
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You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
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