TERMS AND CONDITIONS
Terms & Conditions
1. Melvyn Clarke
1.1 Melvyn Clarke Ltd (“The Company”) is a private limited company trading as Melvyn Clarke, whose company registration number is 731481 and whose registered address is 38 Green Wrythe Lane, Carshalton, Surrey SM5 2DW.
2. This Website
Melvyn Clarke Ltd owns the website located at melvynclarke.co.uk, and all subdomains (the “Websites”). By accessing and using the Websites you the user agree to be bound by these terms and conditions (the “Terms”) which govern your access to and use of the Websites.
3. Ownership and Use of Content
3.1 All text, data, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material on the Websites (the “Content”) and all rights in it belongs to Melvyn Clarke Ltd. You may retrieve and display Content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.
3.2 You agree not to adapt, alter or create a derivative work from any of the Content on the Websites or to use it for any purpose other than for your personal and non-commercial use.
4. Unlawful Use
You agree to use these Websites only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Websites by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the Websites.
5. Intellectual Property Rights
Copyright and other intellectual property rights exist on all text on this and other websites of Melvyn Clarke Ltd. The Company’s logos, brands and specific services are all Trademarks of the Company.
5.1 All copyright, trade marks, database rights and other intellectual property rights that may exist in these Websites and the Content shall remain at all times the property of Melvyn Clarke Ltd.
5.2 The trade marks, service marks and logos used and displayed on these Websites (“Trade Marks”) are registered or unregistered trade marks of Melvyn Clarke Ltd. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right to use any Trade Mark without written permission from Melvyn Clarke Ltd. The brand name of Melvyn Clarke or its trademarked division names may not be used in any way, including in advertising or publicity pertaining to distribution of Content without the prior written permission of Melvyn Clarke Ltd.
6.1 The Websites and Content is provided “AS IS” and on an “AS AVAILABLE” basis and Melvyn Clarke Ltd does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Websites or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law.
6.2 In no event will Melvyn Clarke Ltd be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of these Websites. 6.3 Melvyn Clarke Ltd has tried to ensure that all the Content provided on the Websites is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Melvyn Clarke Ltd for any errors, omissions, or misleading Content on the Websites or on any websites to which the Websites connects.
6.4 Melvyn Clarke Ltd does not warrant that the Websites or Content will be uninterrupted or error free, that any defects will be corrected, or that these Websites or the server that makes it available are free of viruses or bugs.
8. Changes to the Terms
Melvyn Clarke Ltd reserve the right, at its discretion, to make changes to any parts of the Websites or these Terms. When these Terms are amended, Melvyn Clarke Ltd will publish details of the amendments on the Websites. Your continued use of the Websites is taken as your agreement to be bound by these Terms as amended.
These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
If there is any conflict between these Terms and any other written agreement between you and Melvyn Clarke Ltd then the latter shall prevail.
12. Events beyond our control
Melvyn Clarke Ltd will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
Melvyn Clarke Ltd is not responsible for the availability or content of any third party websites or material you access through this Website.
14. File Download
Certain files of Content are available for download from the Website. These files of Content are subject to these Terms.
15. User Content
You must take full responsibility for the content you add to blog comments and other user content areas – any user in breach of these terms may be required to compensate anyone who suffers as a result. You grant us a non-exclusive licence to use the content you add to our website for other purposes, for example in marketing material or on other websites. You will not use our websites in any way that is: illegal or unlawful, or likely to encourage illegal or unlawful behaviour likely to damage the reputation of the Company
Any content you add to the website must: be factually accurate and/or otherwise be clear to be your genuine and personal belief or opinion not be inappropriate, obscene or offensive not infringe the copyright, trade marks or any other intellectual property rights of another person not include any advertising, promotional material or self promotion
1. Personal information we collect
We may collect the following types of personal information about you:
• Contact details: information that allows us to identify and contact you directly such as your name, address email address, telephone number and addresses.
• Identification information: passport and other official identification details, information from a third party AML check provider, Companies House information.
• Details of your work history: This includes may include positions, roles, responsibilities
• Personal history and information: This includes hobbies, interests, marital status, family details, dietary requirements.
• Responses to surveys, competitions and promotions: we keep records of any surveys you respond to or your entry into any competition or promotion we run.
• Creditworthiness: We may undertake investigations into your creditworthiness in order to establish whether to enter into or continue a business relationship with you
• Details of your performance: when working with or for us or in relation to any project or work we are engaged in.
• How you use our website: we collect information about the pages you look at and how you use them.
• CCTV images: if you visit any of our premises or sites which areas covered by our CCTV systems.
• Details of the correspondence (including e-mail correspondence) you send and receive from us: this includes letters and emails, SMS, MMS and other electronic communication and may in some cases include audio recording of telephone conversations
• Subscription information: for example when you subscribe to one of our blogs or other materials.
• IP address information: your computer’s IP address allows us to track your usage of our website.
2. Sources we collect your personal information from
We will collect personal information from a number of sources. These include the following:
• Directly from you: when you indicate that you may wish to attend an event, complete forms we provide to you, enter our competitions and promotions, instruct us, enter into agreements with us, make a complaint, provide AML information to us, contact us by phone, email or communicate with us directly in some other way.
• Our website: provides us with information about how you use it and the devices that you use to connect to our website.
• Our providers of background information: which may include credit reference agencies, AML check provider, Companies House, LinkedIn and other web platforms
• Your employer or the organisation you work for: they may provide us with your name, position contact details and background information about you.
3. What we use your personal information for
The table below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this.
|Purpose||Personal Information Used||Lawful Basis|
|Identity and AML checks||All the personal information we collect||We may have a legal obligation to undertake identification and AML checks We also have a legitimate interest in knowing your identity|
|Passing details of our AML checks to third parties||All the personal information we collect||The third parties have a legitimate interest in undertaking identity and AML checks|
|Enter into and perform contracts||All the personal information we collect||To enter into and perform contracts with either yourself or the organisation that you represent|
|Deal with your queries or complaints||All the personal information we collect||This may be necessary to perform a contract with you or the organisation that you represent We have a legitimate interest to improve the services or products we provide|
|Maintain and improve services and products||All the personal information we collect||We have a legitimate interest to improve the services and products we provide|
|Data analytics and statistical research to help us improve our online services||How you use our websites||We have a legitimate interest to improve the services we provide|
|Security of our IT systems||All the personal information we collect||We have a legitimate interest in ensuring the security of our IT systems.|
|Staff training||All the personal information we collect||We have a legitimate interest to improve the services we provide|
|Perform credit checks||Contact details and payment information||We have a legitimate interest to ensure that we are likely to be paid for our services or products|
|Determine services that may be of interest to you||All personal information we collect||We have a legitimate interest to improve the services and products we provide|
|To provide you with requested information||Contact details and services and products or other information that you have requested we provide to you or your organisation||To comply with the request made by you|
|Direct marketing||Contact details and services and products that we have determined may be of interest to you or your organisation and/or which you or your organisation has purchased in the past||We may ask for your consent to process your data for this purpose, you may revoke your consent at any point. Alternatively if you or your organisation has purchased similar services or products from us previously we may market similar products or services as a legitimate interest in developing our business. You have the right to opt out from such marketing at any time|
|Holding events||Your contact details, details of attendance, your comments in response forms and dietary requirements and CCTV images||We have a legitimate interest in holding events and tracking attendance and providing appropriate food and drinks at events|
|Fraud, crime prevention and debt collection||All the personal information we collect||We have a legitimate interest to detect and prevent crime and to collect debts.|
For some of your personal information you may have a legal, contractual or other requirement or obligation for you to provide us with your personal information. If you do not provide us with the requested personal information we may not be able to properly perform our contract with you or the organisation you represent or comply with legal obligations and we may have to terminate our relationship. For other personal information you may not be under an obligation to provide it to us, but if you do not provide it then we may not be able to properly perform our arrangements with you or the organisation you represent.
Where you have given us your consent to use your personal information in a particular manner, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the “Contacting us” section below. We will generally only ask for your consent for direct marketing.
Please note however that the withdrawal of your consent will not affect any use of the data made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information to the extent that we are entitled to do so on bases other than your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to provide marketing information to you.
We may anonymise and aggregate any of the personal information we hold (so that it does not directly identify you). We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and services.
4. Who we share your personal information with
We share personal information with the following parties:
• Companies in the same group of companies as us: in relation to joint events.
• Other companies in our supply chain: so that they can contact you about any issues in the supply chain.
• Credit reference and other identification agencies: so that we can assess your creditworthiness and to verify your identity. These agencies may retain a footprint that a search has been undertaken
• Marketing and public relations companies: to help us to develop, carry out and assess marketing and PR campaigns
• Other service providers and advisors: such as companies that support our IT, help us analyse the data we hold, process payments, send communications to our customers, provide us with legal or financial advice and generally help us deliver our products and services to you or the organisation that you represent.
• The Government or relevant regulators: where we are required to do so by law or to assist with their investigations, for example the Information Commissioner’s Office.
• Police, law enforcement agencies and security services: to assist with the investigation and prevention of crime and the protection of national security. We also use Google Analytics which sets cookies to collect information about how visitors use our website. See our cookie notice for more information. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
We do not disclose personal information to anyone else except as set out above. We may provide third parties with aggregate statistical information and analytics about users of our products and services but we will make sure no one can be identified from this information before we disclose it.
5. Direct Marketing
Email, post and SMS marketing: from time to time, we may contact you by email, post or SMS with information about products or services we believe you may be interested in.
We will only send marketing messages to you in accordance with the marketing preferences you set when you complete any of our online forms or that you tell us afterwards you are happy to receive or where you or the organisation you represent have purchased similar services or goods from us previously.
You can then let us know at any time that you do not wish to receive marketing messages by sending an email to us at firstname.lastname@example.org or by using the by using the details set out in the “Contacting us” section below. You can also unsubscribe from our marketing by clicking on the unsubscribe link in any marketing messages we send to you.
6. Transferring your personal information internationally
The personal information we collect may be transferred to and stored in countries outside of the UK and the European Union. Some of these jurisdictions require different levels of protection in respect of personal information and, in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in. We will take all reasonable steps to ensure that your personal information is only used in accordance with this privacy notice and applicable data protection laws and is respected and kept secure and where a third part processes your data on our behalf we will put in place appropriate safeguards as required under data protection laws. For further details please contact us by using the details set out in the “Contacting us” section below.
Our directors and other individuals working for us may in limited circumstances access personal information outside of the UK and European Union if they are on holiday abroad outside of the UK or European Union. If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to accessing personal data within the UK.
In limited circumstances the people to whom we may disclose personal information as mentioned in section 4 above may be located outside of the UK and European Union. In these cases we will impose any legally required protections to the personal information as required by law before it is disclosed.
7. How long do we keep personal information for
We will keep your personal information for as long as is necessary for the purpose for which it has been obtained. For individual contacts at customers and suppliers this will be for as long as we continue to have a relationship with that customer or supplier and then for a period of 7-15 years afterwards.
It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you move position or work for a different organisation or change your phone number or email address, you can contact us by using the details set out in the “Contacting us” section below.
We have numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as encryption, passwords and firewalls.
We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.
9. Your rights in relation to your personal information
You have the following rights in relation to your personal information:
(i) the right to be informed about how your personal information is being used;
(ii) the right to access the personal information we hold about you;
(iii) the right to request the correction of inaccurate personal information we hold about you;
(iv) the right to request the erasure of your personal information in certain limited circumstances;
(v) the right to restrict processing of your personal information where certain requirements are met;
(vi) the right to object to the processing of your personal information;
(vii) the right to request that we transfer elements of your data either to you or another service provider; and
(viii) the right to object to certain automated decision making processes using your personal information.
You should note that some of these rights, for example the right to require us to transfer your data to another service provider or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us. For example we do not use automated decision making in relation to your personal data. However some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.
Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the “Contacting us” section below.
If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. We encourage you to contact us to resolve your complaint in the first instance.
10. Changes to this notice
We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this section. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.
11. Contacting us
In the event of any query or complaint in connection with the information we hold about you, please email email@example.com or write to us at:
Data Protection Officer
Melvyn Clarke Ltd
38 Green Wrythe Lane
Version dated June 2018