1.0. The contract between us
1.1. The Sites, Platform, Apps and associated Services are operated and maintained by A Bit of Colour Ltd. (“The Company” or “we” or “us”). The Company is registered in United Kingdom under company number 12638194 with its address at 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH. A Bit of Colour Ltd. may henceforth be referred to as ‘The Company’.
1.2. Please read these terms and conditions carefully as they set out the rules for how we run our Sites (“Sites”) and supply consumer products (“Products”) and deliver the features and/or functionality (“Services”) offered by the Sites. By using any of the Services provided by the Sites or Platform or offered via any associated apps (“Apps”) you are agreeing to be bound by these terms and conditions, which together with our Privacy and Cookie Policy, governs our relationship with you in relation to the Site, the Products and our Services. If you disagree with any part of the terms then you may not access the Sites, Platform or Apps. By selecting or confirming the “Accept” button as part of your account creation or sign-up you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3. We reserve the rights to change the contents of this Site, including these terms and conditions at any time without notice, by posting such changes on the Site. It is your responsibility to familiarise yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this Site following the posting of any such changes will constitute your acceptance of the revised terms and conditions.
If you do not accept these Terms you may not use our Sites, Platform or Apps.
2.0 Terms and Conditions
2.1. These terms and conditions govern your use if this Site (“Sites”) and all orders placed by you for products based on the content and imagery advertised on this Site (“Products”).
3.0 Orders
3.1. All orders placed by you through our Site will be subject to these terms and conditions.
3.2. All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).
3.3. We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.
3.4. Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.
3.5. If there are any problems with your order, you will be contacted by a member of The Company.
4.0 Specifications
4.1. The Company has made every reasonable effort to display on the Site as accurately as possible a description of the Products. However, some slight variations may occur from time to time in relation to the colours and the appearance of the images from the way they appear on screen. Also, sizes and material specifications may slightly vary each time.
5.0 Price and payment
5.1. The price for the Products that you order will be the price quoted on the Site at the date the order is received.
5.2. Please note that we currently only accept payment in Pound Sterling. From time to time we may choose to display prices on the Site in foreign currencies as well as Pound Sterling. If we do so, it is purely for illustrative purposes and the conversion rates are approximate only. If you purchase Products using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.
5.3. If you are purchasing Products from within the European Union, including the United Kingdom, prices include VAT and any other applicable taxes. If you are purchasing Products from any other country, including the USA, and you will be responsible for paying any applicable sales, use, excise, value added, consumption and other such taxes (at the then-current rate).
5.4. Prices include delivery, unless otherwise stated on the Site.
5.5. Payments must be made by credit or debit card (please see the relevant part of the Site for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the Products you order.
5.6. You may be subject to validation checks and/or third party authorisations.
6.0 Delivery
6.1. The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.
6.2. All deliveries must be signed for (please ensure that the Products delivered match the driver’s paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at art@20.90.98.189 within 10 days if any Products are missing or damaged on delivery. Please refer to paragraph 9.2 below.
6.3. Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.
6.4. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use of any Products purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
7.0 Your right to cancel
7.1. All Products are custom-made (“Bespoke Orders”) to your specifications and personalised to your requirements, and you cannot cancel your order except as set out in paragraph 7.2.
7.2. For Bespoke Orders, you may cancel your order at any stage before, and up to four (4) days after you have placed your order with us, provided that the relevant Products have not already started to be produced. To do this you must notify us by sending an email to cancel@20.90.98.189.
7.3. Where you cancel an order in accordance with the procedures at paragraphs 7.2, we will refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.
8.0 Cancellation by us
8.1. We reserve the right to cancel any order (or any part of the order) if for any reason:
8.1.1. the Products ordered by you are no longer available;
8.1.2. the Products are withdrawn from our Service by the authorised licensees or the copyright owners; or
8.1.3. the Products cannot be supplied to you at the delivery address on your Order; in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
8.2. We endeavour to make sure that all prices advertised on the Site are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.
8.3. We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
8.4. We may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
8.5. We reserve the right to modify, suspend or discontinue this Site, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
8.6. You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service or any Products.
9.0 Limited express warranty for defective products
9.1. All Products supplied by us will be free from material defects and be of a satisfactory quality.
9.2. If the Products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 7 days from the date of delivery by email at art@20.90.98.189.
9.3. If you notify a problem to us we will:
9.3.1. make good any shortage or non-delivery; or
9.3.2. replace any Products that are materially defective or damaged; or
9.3.3. where Products cannot be made good or replaced, refund you the amount paid by you for the Products in question.
9.4. Refunds will be credited to the payment method used to make the original purchase.
9.5. The remedies set out at paragraph 9.3 constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty Products. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 10.2 or 10.3 apply.
9.6. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS SITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS Site, THE SERVICE OR THE PRODUCTS.
10 Our liability
10.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS Site, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
10.2 The information contained in the Site has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.
10.3 The Company shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the Site, your use of the Products or your misuse or alteration of the Products.
10.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights, that vary from country to country and from state to state.
11.0 Use of the products and other rights and restrictions
11.1. We are authorised to commission, sell and distribute the Products. The Company and the appropriate copyright holders retain all rights, title and interest in and to this Site, the Service and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this Site.
11.2. This Site, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions:
11.2.1. you may only use this Site, the Service and the Products for your own personal use and not for any business-related purposes;
11.2.2. you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this Site, the Service, the Products or any part thereof; and
11.2.3. you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this Site.
11.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.
11.4 The trademarks, service marks, graphics and logos used in connection with this Site and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
11.5 If you believe that any other claim or illegal activity has arisen in respect of the materials published or accessed via this Site, then you should contact us at feedback@20.90.98.189, providing to us the following information:
11.5.1. details of your alleged claim;
11.5.2. where applicable, a description of the copyrighted work that is claimed to have been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
11.5.3. identification of the URL or other specific location where the potentially infringing or offending material is located;
11.5.4. your (or the copyright owner’s) address, telephone number, and email address; and
11.5.5. any other information and/or assistance as may be reasonably required by us.
11.6 All rights not expressly granted herein are reserved.
12.0 Acceptable use
12.1. You shall not breach or attempt to breach the security of this Site or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.
12.2. You agree not to use this Site in any way that may cause the Site or access to the Site to be interrupted, damaged or impaired.
12.3. The Site may host reviews, feedback and comments from customer. Any electronic communications and / or content you send to this Site must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or any kind of “spam”.
12.4. When dealing with this Site you must not use a false email address, impersonate any other person or entity, or mislead the Site and its users as to the origin of any electronic communications or content.
12.5. Unauthorised use of this Site may give rise to a claim for damages and / or be a criminal offence.
13.0 Your information
13.1. You are personally liable for any orders that you place and charges that you incur.
13.2. To use the Site you will need to set up and maintain an account on the Site. You are solely responsible for keeping your passwords confidential and secure at all times.
13.3. You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
13.4. You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Site or the Service (“Registration Data”). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Site and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the Site.
13.5. You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.
14.0 Offensive content
14.1. The website may contain images. reviews, feedback and other comments submitted by our customers and users. It is not possible for us to monitor the content of all of these reviews and we therefore take no responsibility for any content, materials, images, messages and the like that customers may post or view on these areas of the website. We will endeavour to remove any content which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regards to any offensive content, please email feedback@20.90.98.189.
15.0 Disclaimer of liability for third party materials
15.1. We may provide links to certain third party Sites. You acknowledge and agree that we have no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Sites, or for any other materials, products or services of third parties. Links to other Sites are provided solely as a convenience to you.
16.0 Notice and correspondence
16.1. Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us should be sent by email to art@20.90.98.189. All notices from us to you will be displayed on our website from time to time.
17.0 Events beyond our control
17.1. We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, epidemics, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
18 Invalidity
18.1. If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
18.2. If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
19.0 Data Protection & privacy
19.1. You acknowledge and agree to be bound by the terms of our Privacy and Cookie Policy, which is incorporated herein by reference.
19.2. Providing our Services requires collecting and using your information. Our Privacy and Cookie Policy explains how we collect, use, and share information across our Sites, Platform and Apps. It also explains the ways you can control and request deletion of your information.
20.0 Third parties
20.1. Except for our directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
30.0 Entire agreement
30.1. These terms and conditions, together with our current Site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this Site and the Service and the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading.
31.0 Governing law and jurisdiction
31.1. The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
31.2. Any claim or cause of action against the Company arising out of or related to use of this Site, the Service or the Products or otherwise under these terms and conditions must be filed within ten (10) months after such claim or cause of action arose.
32.0 Electronic delivery policy
32.1. You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.
33.0 Miscellaneous
33.1 Our Sites and Services are intended for residents of the United Kingdom. The Company makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
This web site contains and displays work which was made by the artist, on behalf of A Bit of Colour Ltd. (“The Company” or “we” or “us”). Under Copyright Law you, as a person or entity accessing this website, are prevented from: Copying my work; distributing copies of my work (whether free of charge or for sale); renting or lending copies of my work; performing, showing or playing my work in public; making any adaptation of my work; putting my work on the internet. This applies whether my work is accessed from this web site or from any other source, including but not limited to sources printed, virtual, or in the form of products.
To make returning items as convenient as possible, we have designed our returns procedure to be quick and easy:
Step 1 – Notification
To initiate the returns process, you need to email returns@20.90.98.189 quoting your order number and stipulating the reason for the return.
Step 2 – Returning the goods
As soon as we receive your notification, we will provide you with detailed instructions on how to return your order.
Once we receive your returned order, we will replace or refund as required. Refunds are normally processed within 7 days although please allow up to 28 days.
Please note: unfortunately we cannot refund shipping costs for orders delivered outside the UK, unless the product is faulty or damaged.
Faulty goods
If you believe there is a fault with your goods you should notify us immediately. Where a genuine defect is found and the fault is rectifiable, reprints will be made and sent at the earliest opportunity. Faulty goods that cannot be rectified will receive a full refund instead.
Customers should refer to Section 4. (Specifications) of our terms and conditions regarding slight colour variations that can occur in relation to how the images and frames are displayed online as minor distinctions will not warrant the finished product to be classed as faulty.
Exchanging goods
We are unable to offer different goods in exchange for the ones you return so if you would like to order something else, please place a new order through the website and this will be treated as a separate transaction.
Goods supplied in error
If a product is supplied in error, arrangements may be made for the collection of the goods. We will accept no liability for products supplied against verbal orders. Hard copy confirmation is, therefore, essential.
Unwanted Art on Demand goods
Please note that since all our products are made to order, accepting the return of a non-faulty item is at our discretion so you should refer to our Terms and Conditions for clarification of the formal agreement between us.
Product Care
Looking after your wall art
Taking the best care of your new artwork just requires a little care and forethought. Here are some easy tips:
Stability
Our framed and stretched prints have the correct strength of finishing materials for their size. Do make sure the walls where your art will hang are strong enough to bear their weight, and that the fixings are suitable, strong enough and of good quality. Larger art pieces may need more points of support. Always use larger and/or more fixings if you want to be on the safe side. Ensure that any fixings will not damage the artwork.
No direct sunlight
We use only the best quality archival colours, but they may still bleach out if kept in direct sunlight. Direct sun can also cause the substrate (the canvas, paper etc) to break down.
Moisture and temperature
Fluctuating temperature can be damaging to artworks, and so can high humidity or damp patches. Please keep your art away from sources of heat, cold and moisture.
A safe spot
Always place or hang your art in a safe space where it cannot get knocked, to avoid breakage and damage to your collection.
Occasional cleaning
Do not wet or spray your artwork with water or any cleaning products. Very gently dust artwork with a dry, soft white cloth. Use a very soft brush for especially delicate and unframed pieces. Every now and again gently turn your artworks around to check that there is no damp or mold anywhere on them.
Other products
Please see any specific instructions for these products.
A Bit of Colour Ltd. respects the privacy of its Merchants and Users and is fully committed to protecting their personal data and using it in accordance with our legal obligations. This Privacy Policy & Cookie Policy describes how A Bit of Colour Ltd. may collect and use personal data and the rights granted to our visitors, users, customers, and merchants regarding their respective data. A Bit of Colour Ltd. may henceforth be referred to as ‘The Company’.
By accessing or using this website or any of our Services, you signify your approval of the terms set out in this Privacy Policy, Terms & Conditions, and other terms and policies posted on our websites. If you do not agree to this Privacy Policy, you must leave this website and discontinue all use of any of our Services.
1.0 Information we collect
1.2. Information collected from our Users
If you use our Services to place orders you are to be considered as the User, where data are processed as follows.
We collect the following data to confirm your identity, contact you, invoice you, and otherwise provide our Services:
First name and surname
Shipping and billing address
Email address and phone number
Payment details
IP address and device data
Other information that you share with us while using our Services or during checkout
We collect the above-mentioned personal data when a User uses or accesses our Services, places an order, or signs-up for an account on our websites or apps.
Upon starting to use our Services or when you subscribe to our blog or newsletters, we may process your email address to send you informative materials. At any point in time you can unsubscribe from receiving the above-mentioned information buy clicking the unsubscribe link in the email. Please allow 7 days for this to be processed. After this time if you still require assistance please do email us at unsubscribe@s914961405.websitehome.co.uk.
1.3. Information collected from The Company website
To ensure a smooth customer support experience, we process information that you provide on our website (eg. in chat or on the comment section of our blog), in emails, or through other means of communication you have used. For this purpose, we may process the following information to provide and enhance our Services and answer your questions:
First name and surname
Email address
Any information that you share
IP address
Upon visiting our website, requesting customer support, or subscribing to our blog, we may collect and process the following information related to you to provide you with a better customer experience and to improve our Services:
Your device and browser
Your IP address
Other information that is collected from cookies.
1.3.1. What are cookies?
Our site uses cookies (very small files that are sent by us to your computer or other access device) which we can access when you visit our site in future.
There are four types of cookie:
1 – Website functionality cookies: These cookies enable you to browse the website and use our features such as shopping baskets and wish lists.
2 – Website analytics cookies: We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.
3 – Customer preference cookies: When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
4 – Targeting cookies or advertising cookies: These cookies are used to deliver adverts relevant to you. In addition, they limit the number of times you see an advertisement as well as helping us measure the effectiveness of our advertising campaigns.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
2.0 Sharing personal data with third parties
In order for The Company to provide you with our Services, we work with third parties with whom we may share personal data to support these Services. Your personal data may be shared with third parties who provide hosting and server co-location services, communications and content delivery networks, data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, email distribution and monitoring services, session recording services, marketing services, our legal and financial advisors, among others (together – “Third Party Service Providers”). The Third Party Service Providers may only receive the minimum amount of personal data necessary, depending on their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes.
Note that while our Service may contain links to other websites or services, we are not responsible for each respective website’s or service’s privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit. This Privacy & Cookie Policy does not apply to third-party websites and services.
In certain circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities as well as to protect our, or a third party’s, lawful interests.
3.0 Retention periods
We may retain your personal data for as long as your relationship with us is active by having an A Bit of Colour account, or as otherwise needed to provide you our Services.
After terminating your relationship with us by deleting your A Bit of Colour account or otherwise ceasing to use our Services, we may continue to store copies of your personal data as reasonably necessary to comply with our legal obligations, to resolve disputes between you and us, to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests.
4.0 Data subject’s rights
If you are located in the European Economic Area, in accordance with European Union data protection regulations, you have certain rights with respect to your personal data.
You have the right to request access to your personal data and to correct, amend, delete, or limit the use of your personal data by logging into your A Bit of Colour account or by contacting The Company via email gdpr@abitofcolour.co.uk. Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority.
5.0 Information security
We seek to use reasonable measures to protect personal data.
We take reasonable steps to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us, to protect it from unauthorised use.
Unfortunately, no data transmission or storage system is guaranteed to be 100% secure, therefore we cannot guarantee absolute security of information. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your A Bit of Colour account, limit access of your computer and browser by signing off after you have finished your session, and avoid providing us with any sensitive information whose disclosure you believe could cause you substantial harm.
We (The Company) will only access or process your personal data for the purposes of providing you our Services or legitimate company purposes.
In the event that we experience a personal data breach, we will notify you in compliance with the obligations set out in applicable laws.
6.0 International transfers of data
All the information you provide may be transferred or accessed by The Company and affiliated companies around the world for the provision of our Services as described in this Privacy Policy.
7.0 Privacy Policy changes
We may occasionally amend this Privacy Policy, for example in cases when we introduce new services or new features. The amendments to this Privacy Policy enter into force and are applied from the moment they have been uploaded to this page.
Therefore, we encourage you to check this page from time to time. By continuing to use our Services or otherwise providing personal data to us, after the amendments to this policy have been implemented, you agree to the updated terms of Privacy Policy.
Contact
All comments, queries and other requests relating to our use of your information or this Privacy Policy should be addressed to The Company on gdpr@s914961405.websitehome.co.uk.
This Privacy Policy is effective from 1st June 2020.
These Terms of Use (“Terms”) set out your legal rights and obligations when using our websites (“Sites”) and services (“Services”) as defined below. Your acceptance of these Terms is a condition of our agreeing to allow you to use the Services. If you do not agree to be bound by all of these Terms, do not access or use the Services. You may only create a user account, purchase a product or use our Services after reading and accepting these terms.
Amongst other things, these Terms will apply to any contract (a “Contract”) between us for the sale of Products (as defined below and as part of our trading Terms & Conditions) to you or your customers or clients. These Terms are subject to and include our Privacy and Cookie Policy. You agree that we are not responsible for, and do not endorse, Content (as defined below) submitted to the Services. We do not have any obligation to pre-screen, monitor or edit any Content. If Content submitted by you or your customers or clients violates these Terms or applicable laws or regulations, you bear full legal responsibility for that Content.
1.0 The Contract Between Us
1.1. These Terms govern the use of the Services offered by A Bit of Colour Ltd (“the Company” or “we” or “us”). The Company is registered in United Kingdom under company number 12638194 with its address at 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH.
1.2. Please read these terms and conditions carefully as they set out the rules for how we run our websites (“Sites”) and supply consumer products (“Products”) and deliver the features and/or functionality (“Services”) offered by the Sites and our API platform (“Platform”). By using any of the Services provided by the Sites or Platform or offered via any associated apps (“Apps”) you are agreeing to be bound by these terms and conditions, which together with our Privacy and Cookie Policy, governs our relationship with you in relation to the Site, the Products and our Services. If you disagree with any part of the terms then you may not access the Sites, Platform or Apps. By selecting or confirming the “Accept” button as part of your account creation or sign-up you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3. We reserve the rights to change the content of our Sites, Platform or Apps, including these terms and conditions at any time without notice, by posting such changes on our Sites. It is your responsibility to familiarise yourself with the Terms regularly to ensure that you are aware of any changes. Your continued use of the Services following the posting of any such changes will constitute your acceptance of the revised Terms.
If you do not accept these Terms you may not use our Sites, Platform or Apps.
2.0 Changes to these terms
2.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your use of the Services after we post a change will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and the connected documents to see if they have been changed.
3.0 Your use of the Services
3.1. The “Services” include the services offered to you from time to time when you access our Sites, Platform or Apps. The Services may include (without limitation) (i) access to the A Bit of Colour APIs and/or other APIs and/or associated SDKs (together constituting the “Platform”) made available to you including in order to integrate the Services with other systems; (ii) use of the payment processing service made available to you; and (iii) the personalisation by selection of product features, and purchase of, Products.
3.2. You must not use the Services for any illegal or unauthorised purpose and in using the Services you agree to comply with all applicable laws, rules and regulations, including in any jurisdiction from which you access the Services. To the extent that the Services (including the use of our site) is not legal in your jurisdiction, you may not use our Site or Platform. In particular, you must not:
3.2.1. submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services;
3.2.2. defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not submit private or confidential information via the Services without first obtaining the relevant consent;
3.2.3. change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or us;
3.2.4. create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Services users;
3.2.5. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.2.6. attempt to restrict another user from using or enjoying the Services; or
3.2.7. encourage or facilitate violations of these Terms.
3.3. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others.
3.4. To the extent of the products and services offered, you agree that you will be liable for the acts or omissions made while you are using the products and services.
4.0 Your account
4.1. By selecting or confirming the “Register” button as part of your account creation or sign-up you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
4.2. You may not use the Services unless you have registered with us and provided the relevant details requested. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any other rights associated with your account. You are responsible for keeping your password secret and secure.
4.3. As a condition to using Services, you are required to open an account with the Company and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
4.4. You must not create accounts with the Services through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site or Platform for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or Platform or any activities conducted on the Site or Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Site or Platform.
4.5. You agree that you are responsible for all data charges you incur through use of the Services.
4.6. Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorised to access the Site or Platform by a parent or legal guardian. If you have authorised a minor to use the Site or Platform, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site or Platform by the minor.
4.7. Providing our Services requires collecting and using your information. Our Privacy and Cookie Policy explains how we collect, use, and share information across our Sites, Platform and Apps. It also explains the ways you can control and request deletion of your information.
5.0 Content
5.1. You are solely responsible for your conduct and any data, text, files, information and other content or materials (collectively, “Content”) that you submit, post or display via our Site or Platform.
5.2. In consideration of the Company’s agreement to allow you to post Content to the Site or Platform and the Company’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with the Company as follows:
5.2.1 You acknowledge that:
5.2.1.2. You have the full and complete right to enter into this agreement and to grant to the Company the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by the Company of the Content as contemplated herein; and
5.2.1.3. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
5.2.1.4. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against the Company, all of which such rights are hereby expressly and irrevocably waived by you in favour of the Company.
8.0 Accessing our Services
8.1. We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services is unavailable at any time or for any period.
8.2. You are responsible for making all arrangements necessary for you to have access to our Services.
8.3. We encourage you to maintain your own backup of Content submitted to us. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9.0 Purchasing products from us
9.1. “Products” includes any and all tangible products made available by us through the Services.
How the contract is formed between you and us
9.2. After you place an order, we will confirm our acceptance to you by sending you a notification (via the Services). The Contract between us will only be formed when we send you the Confirmation.
9.3. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this prior to sending you a Confirmation and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
9.4. Once the Contract between us is formed you may not cancel the Product order. This is because the Products you order are entirely bespoke and we use a highly automated print system whereby all Product orders are immediately placed into the print system for processing.
Quality of the Products
9.5. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may also vary from that shown on images on our site.
9.6. We make every effort to supply the Products as advertised but reserve the right to supply the Products subject to minor variations in actual dimensions and specifications stated. All orders will be produced using the information provided by you at the time of order and we will not be held responsible for any errors submitted by the customer.
9.7. We are committed to providing our customers with the highest quality Products. However, on rare occasions, products may be found to be faulty or defective. You must tell us of any Product faults within 14 days of the date on which we sent you the Confirmation relating to those Products. To report any problems, please contact us by email on hello@20.90.98.189. We will endeavour to respond to all customer service requests as soon as possible. We will only refund or replace items where required to do so by law and may require photographic evidence of the faulty or defective Products.
10.0 Delivery
10.1. We use third party printers to create Products through the Services. We will use our reasonable endeavours to fulfil your order by the estimated delivery date, generally 7 working days UK, 14 working days Europe or 21 working days internationally unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2. Mail delivery is deemed to take place when the goods are delivered to your nominated address, whereupon the risks of loss and all damage and all other risks pass to the addressee.
10.3. We retain title in the goods until payment is received by us in full.
10.4. We will attempt to produce goods in the country of the addressee. If that is not possible, we deliver internationally to countries with a functioning postal service (“International Delivery Destinations”). However you acknowledge that we cannot be liable for the functioning of such postal services.
10.5. If you order Products for delivery to a destination where we can not produce and deliver locally, we need to delivery to an International Delivery Destination, and your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.0 Payment
11.1. You agree to pay the prices for the Products as set out on our site from time to time or as otherwise agreed in writing. Although we endeavour to keep prices as accurate and up to date as possible sometimes errors do occur.
12.0 The service marks and trademarks of the Company are trademarks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13.0 Liability
13.1. EXCEPT IN RELATION TO THE PURCHASE OF PRODUCTS, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER US NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES OR (D) ANY PRODUCTS YOU MAY PURCHASE THROUGH THE SERVICES. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
13.3. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
13.4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR ANY CONTRACT FOR (A) LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE (B) LOSS OF GOODWILL; OR (C) ANY INDIRECT OR CONSEQUENTIAL LOSS.
13.5. NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF ONE HUNDRED POUNDS (GBP £100.00) OR THE PRICE OF THE PRODUCTS TO WHICH THE LIABILITY RELATES.
13.6. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW OR THE LAW OF THE JURISDICTION IN WHICH YOU USE THE SERVICES.
13.7. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR BREACH OR ALLEGED BREACH OF THESE TERMS (INCLUDING ANY SUCH BREACH OR ALLEGED BREACH BY YOUR CUSTOMERS OR CLIENTS). YOU WILL COOPERATE AS FULLY REQUIRED BY US IN THE DEFENCE OF ANY CLAIM SUBJECT TO INDEMNIFICATION BY YOU. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
14.0 Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1. We will contact you as soon as reasonably possible to notify you; and
14.3.2. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.0 Links
15.1. The Services may provide links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16.0 Termination
16.1. Without prejudice to any other rights that might be available to us, breach by you of these Terms may, in our sole discretion, result in immediate suspension or termination of your Services account.
16.2. You can deactivate your account by notifying us by email to hello@20.90.98.189; Subject: Account Deactivation. If your account is deactivated, Content submitted by youand all other data associated with your use of the Services may no longer be accessible through your account.
16.3. Upon termination or deactivation of your Account, all licences and other rights granted to you in these Terms will immediately cease. We reserve the right in our sole discretion to (i) continue with or (ii) cancel and refund any sums relating to, unfulfilled Contracts in effect at the time of termination or deactivation.
16.4. The Company may terminate your Account at any time for any reason or no reason.
17.0 Governing law and jurisdiction
17.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17.2. Any claim or cause of action against the Company arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
18.0 Communication methods
18.1. You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Site.
19.0 Miscellaneous
19.1. This website is primarily intended for residents of the United Kingdom. The Company makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
19.2. No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind the Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. the Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Company may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
1.0 Introduction
1.1. A Bit of Colour Ltd. holds, processes, and shares a limited amount of end-consumer personal data which is an asset needing to be suitably protected. A Bit of Colour Ltd. may be referred to henceforth as ‘The Company’.
1.2. Every care is taken to protect personal data from incidents (either accidentally or deliberately) to avoid a data protection breach that could compromise security.
1.3. Compromise of information, confidentiality, integrity, or availability may result in harm to individual(s), reputational damage, detrimental effect on service provision, legislative non-compliance, and/or financial costs.
2.0 Purpose
2.1. The Company is obliged under the Data Protection Act to have in place an institutional framework designed to ensure the security of all personal data during its lifecycle, including clear lines of responsibility.
2.2. This Policy sets out the procedure to be followed to ensure a consistent and effective approach is in place for managing data breach and information security incidents across The Company.
3.0 Scope
3.1. This Policy relates to all personal and sensitive data held by The Company regardless of format.
3.2. This Policy applies to all staff at The Company.
3.3. The objective of this Policy is to contain any breaches, to minimise the risk associated with the breach and consider what action is necessary to secure personal data and prevent further breaches.
4.0 Definition / Types of Breach
4.1. For the purpose of this Policy, data security breaches include both confirmed and suspected incidents.
4.2. An incident in the context of this Policy is an event or action which may compromise the confidentiality, integrity or availability of systems or data, either accidentally or deliberately, and has caused or has the potential to cause damage to The Company’s information assets and/or reputation.
4.3. An incident includes but is not restricted to, the following:
Loss or theft of confidential or sensitive data or equipment on which such data is stored (e.g. loss of laptop, USB stick, iPad/tablet device, or paper record);
Equipment theft or failure;
Unauthorised use of, access to or modification of data or information systems Attempts (failed or successful) to gain unauthorised access to information or IT system(s);
Unauthorised disclosure of sensitive / confidential data;
Website defacement;
Hacking attack;
Unforeseen circumstances such as a fire or flood; and
Human error
5.0 Reporting an incident
5.1. Any Company Staff who accesses, uses or manages The Company’s information is responsible for reporting data breach and information security incidents immediately to The Company at legal@20.90.98.189.
5.2. If the breach occurs or is discovered outside normal working hours, it must be reported as soon as is practicable.
5.3. The report will include full and accurate details of the incident, when the breach occurred (dates and times), who is reporting it, if the data relates to people, the nature of the information, and how many individuals are involved.
6.0 Containment and Recovery
6.1. The Company will firstly determine if the breach is still occurring. If so, the appropriate steps will be taken immediately to minimise the effect of the breach.
6.2. An initial assessment will be made by The Company to establish the severity of the breach who will investigate the breach.
6.3. The Company will establish whether there is anything that can be done to recover any losses and limit the damage the breach could cause.
6.4. The Company will establish who may need to be notified as part of the initial containment and will inform the police, where appropriate.
6.5. Advice from experts across The Company, or qualified 3rd parties, may be sought in resolving the incident promptly.
6.6. The Company will determine the suitable course of action to be taken to ensure a resolution to the incident.
7.0 Investigation and Risk Assessment
7.1. An investigation will be undertaken by The Company immediately and wherever possible within 24 hours of the breach being discovered / reported.
7.2. The Company will investigate the breach and assess the risks associated with it, for example, the potential adverse consequences for individuals, how serious or substantial those are and how likely they are to occur.
7.3. The investigation will need to take into account the following:
The type of data involved its sensitivity;
the protections are in place (e.g. encryptions);
what has happened to the data, has it been lost or stolen;
whether the data could be put to any illegal or inappropriate use;
who the individuals are, number of individuals involved and the potential effects on those data subject(s); and
whether there are wider consequences to the breach
8.0 Notification
8.1. The Company will determine who needs to be notified of the breach.
8.2. Every incident will be assessed on a case by case basis; however, the following will need to be considered:
Whether there are any legal/contractual notification requirements;
Whether notification would assist the individual affected – could they act on the information to mitigate risks?
Whether notification would help prevent the unauthorised or unlawful use of personal data?
Would notification help The Company meet its obligations under the seventh data protection principle;
If a large number of people are affected, or there are very serious consequences, whether the Information Commissioner’s Office (ICO) should be notified. The ICO will only be notified if personal data is involved. Guidance on when and how to notify ICO is available from their website at: https://ico.org.uk/for-organisations/guide-to-eidas/breach-reporting/.
8.3. Notification to the individuals whose personal data has been affected by the incident will include a description of how and when the breach occurred and the data involved. Specific and clear advice will be given on what they can do to protect themselves, and include what action has already been taken to mitigate the risks. Individuals will also be provided with a way in which they can contact The Company for further information or to ask questions on what has occurred.
8.4. The Company must consider notifying third parties such as the police, insurers, bank or credit card companies, and trade unions. This would be appropriate where illegal activity is known or is believed to have occurred, or where there is a risk that illegal activity might occur in the future.
9.0 Evaluation and response
9.1. Once the initial incident is contained, The Company will carry out a full review of the causes of the breach; the effectiveness of the response(s) and whether any changes to systems, policies and procedures should be undertaken.
9.2. Existing controls will be reviewed to determine their adequacy, and whether any corrective action should be taken to minimise the risk of similar incidents occurring.
9.3. The review will consider:
Where and how personal data is held and where and how it is stored;
Where the biggest risks lie, and will identify any further potential weak points within its existing measures;
Whether methods of transmission are secure; sharing minimum amount of data necessary;
Identifying weak points within existing security measures;
Staff awareness; and
Implementing a data breach plan and identifying a group of individuals responsible for reacting to reported breaches of security.
9.4. If deemed necessary a report recommending any changes to systems, policies and procedures will be considered by The Company.
Anti Slavery
Modern slavery is a crime and a violation of fundamental human rights. It takes various forms,
such as slavery, servitude, forced and compulsory labour and human trafficking, all of which
have in common the deprivation of a person’s liberty by another in order to exploit them for
personal or commercial gain.
The Company has a zero-tolerance approach to modern slavery, and we are committed to acting
ethically and with integrity in all our business dealings and relationships and to implementing and
enforcing effective systems and controls to ensure modern slavery is not taking place anywhere
in our own business or in any of our supply chains.
We are also committed to ensuring there is transparency in our own business and in our
approach to tackling modern slavery throughout our supply chains, consistent with our disclosure
obligations under the Modern Slavery Act 2015.
We expect the same high standards from all of our contractors, suppliers and other business
partners, and as part of our contracting processes, in the coming year we will include specific
prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery
or servitude, whether adults or children, and we expect that our suppliers will hold their own
suppliers to the same high standards.
This policy applies to all persons working for us or on our behalf in any capacity, including
employees at all levels, directors, officers, agency workers, seconded workers, volunteers,
interns, agents, contractors, external consultants, third-party representatives and business
partners.
This policy does not form part of any employee’s contract of employment and we may amend it
at any time.