Website Terms of Use and Privacy
TERMS AND CONDITIONS OF USE OF “PLOWDEN-SMITH.COM”
1. Acceptance of Terms
Your access to and use of plowden-smith.com (“the Website”, “Plowden & Smith”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. Changes to Website
plowden-smith.com reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that plowden-smith.com shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5. Copyright
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to plowden-smith.com or otherwise used by plowden-smith.com as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. Disclaimers and Limitations of Liability
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, plowden-smith.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 plowden-smith.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of plowden-smith.com for death or personal injury as a result of the negligence of plowden-smith.com or that of its employees or agents.
7. Privacy and Cookies
7.1 Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions. To view the Privacy Policy, please see below.
7.2 The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes:
To enable us to measure and analyse how you use plowden-smith.com. This allows us to continuously improve our website and give you the best possible experience.
Further details of cookies are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to plowden-smith.com to place cookies on your computer. Please read the information contained in the Privacy Policy prior to acceptance.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
8. Indemnity
You agree to indemnify and hold plowden-smith.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against plowden-smith.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
PRIVACY AND COOKIES STATEMENT
This policy sets out how Plowden & Smith uses and protects an individual’s personal data, including data from our website.
1. Application
Plowden & Smith is the Data Controller for personal data about clients, event attendees, newsletter subscribers or when sending marketing material which you expect to receive or have consented to receive.
Plowden & Smith collects different types of personal data about our clients to:
• provide the services for which you have consented or contracted to receive.
• market Plowden & Smith products and services.
• process recruitment records.
Plowden & Smith will also collect anonymized website statistics using cookies, so that Plowden & Smith can improve our website.
2. Your Rights
As an individual whose personal data is processed by Plowden & Smith, you have the following rights:
• the right to be informed (which is the purpose of this Privacy Notice).
• the right to access the data Plowden & Smith holds about you.
• the right to object to direct marketing (by contacting Plowden & Smith at the address below, or via email).
• the right to object to processing carried out on the basis of legitimate interests (to undertake the service that you would expect or in line with a contract).
• the right to erasure (in some circumstances, however, not if Plowden & Smith has a legal obligation to retain it).
• the right to have your data restricted or blocked from processing.
The GDPR includes a right for individuals to have inaccurate personal data rectified, or completed if it is incomplete.
An individual can make a request for rectification verbally or in writing to the Data Protection Officer (DPO), Alison Eltham. Plowden & Smith has one calendar month to respond to a request. Plowden & Smith will confirm to you that inaccurate personal data has been rectified or completed if it is inaccurate.
To exercise any of these rights, write or email your request to the DPO. You will be required to provide sufficient information for Plowden & Smith to satisfactorily identify you.
3. Contacting You
Plowden & Smith will only contact you if you’ve asked to be contacted, or if your contact details are featured in a third-party email list, which you’ve consented to be added to. You have the ability to opt-out of being contacted by Plowden & Smith, at any point.
You will receive telephone or emails from Plowden & Smith, if you have contacted us using an online contact form.
Plowden & Smith also engages in business to business marketing activity.
4. Storing Your Data
Plowden & Smith will store your data securely.
Plowden & Smith will continue to invest in high-quality security and to do our utmost to protect user data and privacy, using the latest security technology.
Plowden & Smith contractors will only ever process your data on our behalf.
Plowden & Smith will ensure that the contractors we use in connection with the running of the website and services (for example, hosting providers), are subject to strict contractual obligations.
They are only able to process data on our behalf and in accordance with our principles and instructions, and not for any other purposes.
5. Changes to this Policy
Plowden & Smith will publish any changes to this policy
Should Plowden & Smith update our privacy policy, then Plowden & Smith will post the changes here. Where the changes are significant, Plowden & Smith may also choose to email all our registered users with the new details.
6. Use of Cookies
Plowden & Smith will collect anonymized website statistics using cookies.
A cookie is a small file of letters and numbers which websites may send to a computer to make a user’s experience of a website better.
Plowden & Smith uses cookies to:
• collect anonymized data about the number of visitors to pages, so we can improve the website and ensure that content is easy to find and engaging.
• to remember your preferences, for text sizes, for example. Again, this information is processed anonymously.
For information on controlling cookies visit http://www.aboutcookies.org.
7. Anonymized Statistics
Plowden & Smith will only share anonymized data.
Plowden & Smith will only share anonymized aggregate statistics about our users with our advertisers.
Plowden & Smith will follow strict procedures to store client data securely.
8. Security Procedures
The GDPR means that Plowden & Smith will follow strict security procedures when storing and disclosing information which you have given us, to prevent unauthorised access.
Plowden & Smith will not sell, trade or rent your personal information.
Plowden & Smith may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will never include personally identifying information.
Any data processors with access to your data when providing services on our behalf are subject to contractual restrictions to ensure that your data is protected, and not used independently by such third party.
Plowden & Smith reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both ourselves and our users.
9. Legal Information under the GDPR
Any queries regarding Plowden & Smith’s use of data and data policies should be addressed to the Data Protection Officer at info@plowden-smith.com. The company registration number is 880163.
10. Your Right to Complain
You have the right to complain to the Information Commissioner’s Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, if you think that there is a problem with the way that Plowden & Smith handles your data.