Terms of Business

DEFINITIONS

“COMPANY” means the business and trading name Andrew Foster T/A Flyt Images and is the Company – Flyt Images, 29 Medlar Street, Weston Turville, Bucks, HP22 5YQ – and any other subsidiary company or trading name/brand associated to Andrew Foster T/A Flyt Images.

“CAMERA” means any equipment capable of capturing digital or film images and sound recordings whether that be a still photographic image(s) or moving video image(s) with or without sound.

“IMAGE(S)” means any image(s), picture(s), graphical or sound recording(s) taken by the Camera of any subject, person, property, or item whether as electronic digital files or cellulose film stocks.

“SERVICES” means any photographic or video or website service (such as but not limited to; domain name registration, domain hosting, and website content management, SEO submission) provided by the Company, at any location and at anytime.

“SESSION” means any photography, video or drone flight session, Service or services agreement that is/are booked by the Client whether they have been performed or not.

“PRODUCTS” means any item for resale by the Company such as, but not limited to, Prints, Albums, Frames, Wraps CDs, USBs, DVDs, Digital Files, Makeup, Hair Styling, Domain Name Registration, Domain Hosting, Domain Installation.

“TALENT” means any person, actor, model, artist, voiceover artist.

“CLIENT” means the individual person(s) or company or business buying the Services or Products

COPYRIGHT POLICY

Under law, it is the image creator who will own copyright on any images produced. This applies whether the images are still photos, video or thermal images. There are exceptions a) if the image creator is an employee of the company the images are created for, or is an employee of, a company instructed to make the images, the image creator will be acting on behalf of the employer, and the company the image creator works for will own the copyright. b) If there is an agreement that assigns copyright to another party, which is in writing. In all other cases, the image creator will retain the copyright. If the image creator has been paid for work, the payment will be for the image creator’s time and typically an allocated number of prints/digital images. The copyright to the images or digital files will remain with the image creator, and therefore any reproduction without permission would be an infringement of Copyright. It is contrary to the Copyright Act and strictly illegal to copy or to allow being copied, any image, photo, video, thermal image, whether in digital or in hardcopy form (this includes downloading from our web site or those of our agents).

If you commission an image for private and domestic purposes, since 1 August 1989 you generally have the right not to have the image exhibited in public such as by broadcasting or website. Our Terms of Business of Business of Business and Conditions upon which we accepted your booking states that we may use the images taken for display, promotional, sale, competition entry and any other purpose without liability or compensation to the client or image subject. However, if it is your wish that we limit the use of the images or not use them at all, then you need to put this to us in writing immediately and PRIOR to the session taking place. Please note that our pricing is structured with your permission and cooperation to use the images for our own promotion and marketing purposes and therefore, removal of such permission and cooperation may result in an increase to the fees quoted/charged for your session. Clearly, you will be booking our services based on the images you have seen taken by us previously, without this we would not be able to show you our work.

Our Website
All images/articles contained on this website site are subject to UK Copyright Laws and remain the property of Andrew Foster T/A Flyt Images at all times. No images may be downloaded or screen grabs taken and used without express permission from the Company for any purpose whatsoever. Andrew Foster T/A Flyt Images is not responsible for the content of any external websites to which we may link from our website.

GENERAL TERMS OF BUSINESS

Services that are subject to the payment of a deposit or booking fee are NOT refundable if the booking is cancelled by the client at any time and for any reason. Please accept that we are likely to have sustained significant financial loss of revenue from the cancellation of a Session for whatever reason, and are not able to re-book the time. Please see the specific Terms of Business of Business relating to our Cancellation Policy below.

A full quotation is issued to all Clients prior to the Session such quotation will detail the fees, expenses and charges for the provision of the Session required and the amount of deposit, if any, required before the Session booking is accepted by the Company. Unless otherwise stated or agreed, times, fees and costs included in any quotation are professionally estimated and may change following execution or completion of the Session. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgement upon extending a booked Session while on location without access to our primary contact for direction or approval.
Invoices are raised following the completion of the Session for immediate payment, unless credit Terms of Business of Business are agreed in advance. The balance for all unpaid invoices is deemed past-due 7 days after the Images are released to the client. If invoices remain unpaid following 28 days, interest will be added to the balance on a daily basis at the rate of 4% above the interest rate publish by the bank of England.

Image licenses are NOT activated until invoices are paid in full. The Images can not be used by the Client in any capacity or form except for proofing until the invoice has been paid in full.
Images are made available to clients under the Company’s standard Intellectual Property License (the “IP License”), please ensure that you make us aware of any inadequacy with this IP License for your purposes BEFORE the Session is completed and at the time of booking. The standard IP License is linked on our website.

If you need to cancel or postpone your Session, please contact us as soon as possible. We will do our best to accommodate a change request to the Session date or time, but any changes are subject to our availability. Please refer to our cancellation policy below.

Any price/fee quoted for any Product or Sessions is valid for 30 days, after which the price/fee may change.

Product sizes quoted are approximate. We will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye. Due to differing light temperatures between indoor light (yellowish/orange) and outdoor natural light (blueish), images may show differing hues. We will attempt to minimise this imbalance between the two environments, when possible, but cannot guarantee a complete tonal balance. Images in low light conditions such as Sessions shot in the winter months, indoors or where lighting is restricted in some way ‘may’ affect the potential image overall appearance and quality.

Images obtained/taken at a private location, property or land are subject to the Terms of Business of Business and conditions of the landlord or officials of the premises and the use of artificial light such as flash or LED/continuous lighting for photography or videography in general may not be permitted or in some way restricted or the position from which the images are taken may be restricted. It is acknowledged that such restrictions and permissions are outside of the Company’s control.

During your Session we will automatically re-take any photograph where we can see someone has blinked or looked away but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see. We can’t ensure that people will always smile/respond if we ask them!

Images for proofing will be made available on-line on our website or that of our agents for a period of time for viewing, we do not provide hard-copy proofs. You will be given a Session number or ID or URL to use to access your images.

The Company reserves the right to use a selection of Images from your session for its Portfolio and for display at the studio, in publicity and marketing material and in websites online, including our Facebook, Twitter and other social media spaces, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or image subject. Such usage of the images is pursuant to our Privacy Policy Statement and in compliance with DPA and GDPR and your Consent. We will ask for this Consent at the point of booking.

We will endeavour to take/collect all the Images we have agreed. However, it may not be possible to do so due to circumstances beyond our control, for example if timings have altered, the environment has changed or the weather changes or the subjects become reluctant to have their Image taken or due to technical failure of our equipment or to change of Client requirements. Also, it is sometimes the case that subjects ‘resist’ having their Image recorded/taken by maybe turning away. Our staff will use their best endeavours to obtain their cooperation, but will not push ‘reluctant subjects’ into having their Image taken. At all times we will do our very best to follow your wishes, however coverage will be as the Company and our staff’s professional expertise determines and no one photo, image, video clip/sequence or sound recording will be deemed more important than another. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the Images we obtain at the Session, the final selection of Images submitted will be entirely at our creative discretion.

It is Client’s responsibility to inform us if there are any subjects who you, or another person, does not wish to have Images/audio recorded/taken, in particular Images of children or if there are any children attending that require their identity/image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the Session, please let us know immediately. Wedding and event clients should inform their guests and attendees that a Photography and/or Videographer will be present and their images(s) and audio will be recorded and should communicate with the event organiser or Bride and Groom of their express wish to not be photographed, filmed or recorded.
The limit of liability of the Company or its agents (including but not limited to photographers, videographers, cinematographers, drone pilots, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the Client in the case of any negligence or breach of this Agreement is limited to the cost to the Client of the Service booked, and only to the maximum balance already cleared and paid over to the Company.

We do not entertain a ‘reserved date’ policy, and will only confirm a Session upon the receipt of the appropriate payments, deposits or booking fees in cleared funds and the receipt of the Session booking form and/or Services Agreement.

In exceptional circumstances such as ill-health or incapacity and without notice it may be necessary for the original creative, photographer or videographer or drone pilot or website developer specified to be substituted by another equally competent creative, photographer or videographer or drone pilot or website developer, or in extreme cases, for the Session or Service to be cancelled or postponed without liability. Such incapacity will deem to be ‘Force Majeure or Act of God’ .You will be kept informed as much is humanly possible.

Due to the possibility of high and low temperatures and volatile weather conditions that may be experienced at your Session, it is a requirement for health and safety reasons that our staff take the appropriate measures and breaks to ensure that they are protected from such conditions such as hot midday sun, rain, cold and strong winds. They may be unavailable for short periods while they take any appropriate natural breaks, refreshment, sustenance, protecting electrical equipment from the rain, or to warm up in winter. They also may disappear from time to time to deal with equipment issues, change batteries and memory cards.

Recording of video and sound may be subject to location permissions and copyright issues. It is the Clients responsibility to obtain any necessary permissions and approvals for us to perform the services at the Session. The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and property owners that may be recorded on video or in sound and that such recording is in compliance with any GDPR / Data Protection legislation.
The Client will be responsible, unless part of the Session agreed services, for obtaining any Talent releases, Property releases or the provision of notices to those attending that they may be recorded on Cameras and that by their attendance they give their consent to being recorded. Unless you advise us otherwise, we will assume all persons attending the Session or properties/location visited have consented to being recorded.

Clients accept that where we physically perform the Services and record from and our ability to freely move around a property or venue or location is subject to the permissions of the property owner and as such they may restrict our line of sight or ability to record sound. While all efforts will be made to negotiate our needs with the property owner on your behalf, the Company cannot be held accountable if the final results are diminished, affected or redirected from our agreed Client plan or brief or understanding. We cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside our control, such as, weather, hot or cold temperature extremes, adverse or poor lighting, flickering lights, noise issues or disturbances, and other restrictions imposed or allowed to be by property owners.

Retouching, digital manipulation and artistic finishing is available as an optional extra cost at such rates that are published by the Company from time to time. Such retouching, digital manipulation or artistic finishes are NOT included by default with any Session.

Client Images are retained by the Company for 6 months and as described under our DPA/GDPR Privacy Policy. On-line proofs will be deleted after 25 days. CDs/USB are used for image transfer/transport only and not for data storage. We fully recommend that they are backed up immediately upon receipt several times. Backups and copying for storage is fully included in the creative license that accompanies the CD.
The 1988 Copyright Act assigns the copyright to the Company’s Image creator (photographer, Videographer, Web Designer). It is contrary to the Act and strictly illegal to copy or to allow to be copied, any Image(s). This includes downloading from our website or those of our agents. All Images remain the intellectual property of the image creator.

Force Majeure or Act of God: The due performance of the Session and these Terms of Business of Business and Agreements are subject to alteration or cancellation by the Company owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made. In the event of any dispute regarding the Session and the Terms of Business of Business of this Agreement or any contract between the Company and the Client, both parties agree to consult the British Institute of Professional Photographers to try to obtain conciliation before taking any other action.
The Company reserves the right to cancel and/or reject a Client’s Session booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide your with suitable and appropriate, where humanly possible, notice should such a situation arise.

The Company grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image(s), and the Client must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required before reproduction, have been obtained.

THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON, COMPANY OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE CLIENT’S USE OF THE IMAGES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
Our staff don’t’ where suits or DJs or ties or formal clothing – ever… Smart casual is not a problem if required. Our work uniform is comfortable black or low key clothing with shirts displaying our brand/logo. Why do photographers/videographers always wear black? Because we don’t want to show up in reflections!

CANCELLATIONS

We understand that the need to cancel our services can arise for many reasons and often at the last minute. However, we are likely to have sustained financial loss in such an event with the refusal of additional bookings as a result of removing of the dates from our booking calendar and therefore the following Terms of Business of Business regarding cancellation apply to all our services:-

In the event of cancellation of a Session within 48 hours, in whole or part, by the Client then the Company reserves the right to make a cancellation/termination charge of up to 50% of total agreed services charge minus any deposit paid.
Cancellation of a Session prior to 48 hours notice will result in a charge being made for costs already incurred, such as but not limited to, accommodation charges, increased insurance charges, production planning costs, staff costs and extra or third party resource bookings, equipment hire, car hire or hire deposits made.
Cancellation of a Session when the production/service has commenced, or with less than 48 hours notice, may result in up to 100% of the total agreed Session charge being made.
The Company reserve the right to cancel or terminate a contract if the Client becomes insolvent or subject to bankruptcy proceedings or the reputation of the Company and anyone connected with the Company could be damaged.
The Company reserves the right to cancel, terminate, change and alter or postpone a Session if at anytime the provision of the Session will result in the Company having to commit an illegal activity or an unacceptable risk to people, property or equipment without notice or liability to the Client.
The Company reserves the right to cancel and/or reject a Client’s Session booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide your with suitable and appropriate, where humanly possible, notice should such a situation arise.

PRIVACY POLICY

Introduction
Andrew Foster T/A Flyt Images is committed to safeguarding the privacy of our client’s personal information and data and will comply with the General Data Protection Regulation (“GDPR”) that has come into force on 25th May 2018.

GDPR is the (EU) 2016/679 regulation in EU law on data protection and privacy for all individuals within the European Union it replaces the previous 1995 data protection directive, which current UK law is based upon.

As a business we have legitimate reasons to collect our client’s personal data to fulfil our obligations under services agreements to the client, marketing our business and to comply with legal obligations in respect of processing our accounting functions.

In addition, we have a “Legitimate Interest” in the collection and processing of visual and audio data that is also defined as “Personal Data” under the GDPR.

This Privacy Policy sets out how we obtain our client’s Personal Data, how we use it, store it and our client’s rights to access, erase and rectify it.

This Privacy Policy may be updated from time to time.

Summary and Key Definitions for this Policy Statement
“Company” – means Andrew Foster T/A Flyt Images – 29 Medlar Street, Weston Turville, Bucks. HP22 5YQ – https://flytimages.co.uk/

“Client” – means an individual person, company, or business both singular or as a collective/plural, whether currently trading with the Company or not, or making enquiries, seeking quotes or after giving specific Consent agrees to communications with/from the Company;

“Services Contract” – means any services or product provided to the Client by the Company whether under contract or not and whether written down on paper or in digital form or agreed verbally. Such services may include, but not limited to Photography, Video Filming, and Audio Recording;

“GDPR” – General Data Protection Regulation – The GDPR forms part of the data protection regime in the UK, together with the new Data Protection Act 2018 (DPA 2018). The main provisions of this apply, like the GDPR, from 25 May 2018;

“Personal Data” – means any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person;

“Processing” – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

“Data Subject” – means a natural person whose personal data is processed by a Data Controller or Data Processor;

“Consent” – means freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their Personal Data;

“Data Controller” – means the entity that determines the purposes, conditions and means of the processing of Personal Data;

“Data Processor” – means the entity that processes data on behalf of the Data Controller;

“Data Erasure” – also known as the Right to be Forgotten, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data;

“Encrypted Data” – means personal data that is protected through technological measures to ensure that the data is only accessible/readable by those with specified access and authority;

“Filing System” – means any specific set of personal data that is accessible according to specific criteria, or able to be queried;

“Subject Access Right” – means also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them;

“Portfolio” – means the Company’s intellectual and copyright photographic and video images along with sound and recorded audio for the purposes of our Legitimate Interest in further marketing our business to Clients via our websites, display devices such is iPads, marketing literature in paper or digital form;

Lawful Bases for Processing
The lawful bases for Processing Personal Data are set out in Article 6 of the GDPR. Andrew Foster T/A Flyt Images will process Personal Data under the following lawful bases: –

Consent: our client has given clear consent for us to process their Personal Data for a specific purpose;
Contract: the Processing is necessary for us to comply with our Services Contract with our Client, or because they have asked us to take specific steps before entering into a Services Contract;
Legal obligation: the Processing is necessary for us to comply with the law;
Legitimate interests: the Processing is necessary for our Legitimate Interests or the Legitimate Interests of a third party unless there is a good reason to protect the Client’s Personal Data which overrides those Legitimate Interests.
Fair Processing Notice
During the course of our activities, the Company will process Personal Data (which may be held on paper, electronically, or otherwise) about our Clients and we recognise the need to treat it in an appropriate and lawful manner, in accordance with the Data Protection Act 1998 (“DPA”) and GDPR.

We will comply with the eight data protection principles in the DPA, which say that personal data must be:

Processed fairly and lawfully;
Processed for limited purposes and in an appropriate way;
Adequate, relevant and not excessive for the purpose;
Accurate;
Not kept longer than necessary for the purpose;
Processed in line with individuals’ rights;
Secure;
Not transferred to people or organisations situated in countries without adequate protection.
We will process Client Personal Data for the Legitimate Interest of the provision of our Client Services Contracts. With Client Consent, Personal Data may also be used as Portfolio related to the marketing of our Photography, Video Filming and Audio business.

In providing services to you, we use your data in the following ways:

To update and enhance Client records;
For statistical analysis to help us manage our business;
In order to complete statutory accounting and tax returns; and
For legal and regulatory compliance.
We will only process Client Personal Data for the specific purpose or purposes notified to you or for any other purposes specifically permitted by the DPA. Client personal data will only be processed to the extent that it is necessary for the specific purposes notified.

We will keep the Personal Data we store about our Clients accurate and up to date. Data that is inaccurate or out of date will be destroyed. Please notify us if your personal details change or if you become aware of any inaccuracies in the Personal Data we hold about you.

We will not keep your Personal Data for longer than is necessary for the purpose. This means that, unless our Clients have provided Consent to continue to receive communications or marketing material from the Company, data will be destroyed or erased from our systems when it is no longer required.

Specifically, Client photographic, Video and Audio data, other than data that we are required to retain for legal reasons, will be destroyed after a standard period of 6 months following completion and delivery of the Services Contract or as agreed in the Services Contract between the parties. This will be extended to 24 months for wedding Clients who are still selecting imagery for a wedding album. Any data that we are legally required to retain will be destroyed within 6 months of that legal obligation ceasing to apply.

Company Portfolio
As a visual imagery and audio business, it is essential that we can offer Clients a selection of appropriate work to view, this work we call our Portfolio. Clients would simply not hire us if they can not review previous work, and therefore it is in our Legitimate Interest as defined under the DPA and GDPR that we use a selection of Client Photographic, Video and Audio data for this business purpose.

Client Personal Data that we have selected as “Portfolio” will be retained indefinitely or as agreed between the Client and the Company. Clients may withdraw Consent to the use of data for Portfolio or marketing purposes at any time. Any Client data used for Portfolio purposes will be destroyed within 14 days of notification of withdrawal of such Consent.

Client Rights
Clients have the right to:

Request access to any Personal Data we hold about you. For Photographic, Video and Audio data this access may be limited to low quality and watermarked copies of the data that will clearly state the Company’s copyright;
Prevent the processing of data for marketing purposes;
Ask to have inaccurate data held amended;
Prevent Processing that is likely to cause unwarranted substantial damage or distress to the Client or anyone else;
If a Client wishes to know what Personal data the Company holds about them, they must make the request in writing to the contact address on the Company’s website.

Security
The Company will ensure that appropriate measures are taken against unlawful or unauthorised processing of Personal Data, and against the accidental loss of, or damage to, Personal Data.

The Company will have in place procedures and technologies to maintain the security of all Personal Data from the point of collection to the point of destruction. Personal Data will only be transferred to a third party if the third party agrees to comply with those procedures and policies, or if they put in place adequate measures to achieve the same result.

Maintaining data security means guaranteeing the confidentiality, integrity and availability (for authorised purposes) of the Personal Data.

Contract Services may require the Company to pass on data such as photographic, video and audio files to third parties such as an online hosting platform or digital delivery provider or social media platform. The Company may also give such information to others who perform services for us, such as IT consultants. Our Company may be subjected to an audit, formal inspection or checked by our accountants, or by other professional bodies/organisations at any time. We do not normally copy such information to anyone outside the European Economic Area. All such third parties are required to maintain confidentiality in relation to your Personal Data.

Website Cookies

The Company uses cookies on our websites. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask the website user to Consent to our use of cookies when they first visit our website.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies that we may use :-

authentication – we use cookies to identify you when you visit our website and as you navigate our website;
status – we use cookies to help us to determine if you are logged into our website;
personalisation – we use cookies to store information about your preferences and to personalise the website for you;
security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
advertising – we use cookies to help us to display advertisements that will be relevant to you;
analysis – we use cookies to help us to analyse the use and performance of our website and services; and
cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally
Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. Blocking all cookies will have a negative impact upon the usability of our websites. If you block cookies, you will not be able to use all the features on our website.

The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

https://support.google.com/chrome/answer/95647?hl=en (Chrome);
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
http://www.opera.com/help/tutorials/security/cookies/ (Opera);
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(Safari); and
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Website Services

The Company may process data about your use of our website and services (“Usage Data”). The Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is Consent and our Legitimate Interest, namely monitoring and improving our website and services as an ongoing trading business.

We may process your online website account data (“Account Data”). The Account Data may include your name and email address. The source of the Account Data is you or your employer. The Account Data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and continued communication with you. The legal basis for this processing is Consent and our Legitimate Interest, namely the proper administration and security of our website and business.

We may process your information included in your personal profile on our website (“Profile Data”). The Profile Data may include your own your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The Profile Data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is Consent and our Legitimate Interest, namely the proper administration and security of our website and business.

We may process your Personal Data that are provided in the course of the use of our website services (“Service Data”). The Service Data may include your Services Contract, products, and other Services we may have sold or offered you. The source of the Service Data is you or your employer. The Service Data may be processed for the purposes of operating our website, providing our Services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is Consent and our Legitimate Interests, namely the proper administration and security of our website and business.

We may process information that you post for publication on our website or through our Services (“Publication Data”). The Publication Data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is Consent and our Legitimate Interests, namely the proper administration of our website and business.

We may process information contained in any enquiry you submit to us regarding goods and/or services (“Enquiry Data”). The Enquiry Data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is Consent.

We may process information relating to our customer relationships, including customer contact information (“Customer Relationship Data”). The Customer Relationship Data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The Customer Relationship Data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is Consent and our Legitimate Interests, namely the proper management and security of our customer relationships.

We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“Transaction Data”). The Transaction Data may include your contact details, your card details and the transaction details. The Transaction Data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration and security of our website and business.

We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Notification Data”). The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is Consent.

We may process information contained in or relating to any communication that you send to us (“Correspondence Data”). The Correspondence Data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The Correspondence Data may be processed for the purposes of communicating with you and appropriate record-keeping. The legal basis for this processing is our Legitimate Interests, namely the proper administration and security of our website and business and communications with users.

We may process any of your Personal Data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our Legitimate Interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any of your Personal Data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice and making insurance claims. The legal basis for this processing is our Legitimate Interests, namely the proper protection of our business against risks and claims.

In addition to the specific purposes for which we may process your Personal Data set out in this section, we may also process any of your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect our vital interests, your vital interests or the vital interests of another natural person.

Please do not supply any other person’s Personal Data to us, unless we prompt you to do so.

Providing your Personal Data to Others
We may disclose your Personal Data to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found on our Websites.

We may disclose your Personal Data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

We may disclose specify Personal Data to our suppliers or subcontractors insofar as reasonably necessary for execution of our Services Contracts.

Financial transactions relating to our website and services may be handled by our payment services providers, such as PayPal or Square. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

In addition to the specific disclosures of Personal Data set out in this section, we may disclose your Personal Data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect our vital interests, your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

International Transfers of Your Personal Data
In this Section, we provide information about the circumstances in which your Personal Data may be transferred to countries outside the European Economic Area (EEA).

The hosting facilities for our websites may be situated in countries outside the European Union. The European Commission has made an “adequacy decision” with respect to the data protection laws of such countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

You acknowledge that Personal Data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use or misuse of such Personal Data by others.

It will remain our policy that we will endeavour to utilise hosting providers that have servers that reside within the European Union.

We may update this policy from time to time by publishing a new version on our website. You should check this website page occasionally to ensure you are happy with any changes to this policy. All our Privacy Policy web pages can be found by way of a hyperlink at the bottom of each website page.