Privacy and complaints policy

Troy

Structure of this policy

This privacy policy is provided in a layered format so you can click through to the section which relates to the information that we collect about you below.

1.         IMPORTANT INFORMATION AND WHO WE ARE

2.         CATEGORIES OF DATA SUBJECTS

(A)        INVESTORS

(B)        VISITORS TO OUR WEBSITE

(C)        BUSINESS CONTACTS

3.         DISCLOSURES OF YOUR PERSONAL DATA

4.         DATA RETENTION

5.         INTERNATIONAL TRANSFERS

6.         DATA SECURITY

7.         YOUR LEGAL RIGHTS

8.         CHANGES TO THIS PRIVACY POLICY

9.         FURTHER INFORMATION

1.         IMPORTANT INFORMATION AND WHO WE ARE

The Company is committed to protecting the privacy and security of personal data which is entrusted to us.  This privacy policy aims to give you information on how the Company collects and processes your personal data as a controller of data supplied by shareholders and potential investors in connection with holdings and/or investing in the Company including through your use of this website, by signing up to our mailing list, by sending us correspondence and/or providing us with products and/or service.

In addition, it outlines your data protection rights under the EU data protection regime introduced by the General Data Protection Regulation (Regulation 2016/679) (the “GDPR“).

This website is not intended for children and we do not knowingly collect data relating to children.

Please contact Personal Assets Trust plc (registered number SC074582) in writing at c/o Juniper Partners Limited, 28 Walker Street, Edinburgh EH3 7HR if you have any queries in relation to the processing of your personal data under this policy.

2.         CATEGORIES OF DATA SUBJECTS

(A)        INVESTORS

The kind of information we hold about you

We may hold personal data about investors which is provided to us by you directly as a result of your holding and/or investment in the Company (by completing application forms, through our website, telephone calls and/or corresponding with us) or which is provided to us by third parties including Equiniti plc.  We may also process personal data about individuals that are connected with you as an investor (for example directors, trustees, employees, representatives, beneficiaries, shareholders, investors, clients, beneficial owners or agents).

In connection with your holding and/or investment in the Company, we may collect, store, and use the following categories of personal information about you: contact details (including name, title, address, telephone number, personal email address), your date of birth, copies of passport, driving licences and utility bills, bank account details and details relating to your investment activity.

How we will use information about you

Your personal data may be processed by the Company or its processors or sub-processors (or any of their affiliates, agents, delegates or sub-contractors) for the following purposes:

(a)        to provide you with information on the Company (including performance updates), which is being carried out to pursue the Company’s legitimate interests;

(b)        to allow us to administer and manage your holding in the Company (including fee calculations and the payment of dividends) which are necessary for the Company to comply with applicable laws and/or in its legitimate interest;

(c)        to update and maintain records for the Company, including maintaining statutory registers, which is necessary to comply with the Company’s legal obligations;

(d)        to carry out anti-money laundering checks and other actions in an attempt to detect, prevent, investigate and prosecute fraud and crime, which the Company considers necessary for compliance with its legal obligations, for the performance of a task being carried out in the public interest and/or to pursue the Company’s legitimate interests (including for the prevention of fraud, money laundering, sanctions, terrorist financing, bribery, corruption and tax evasion);

(e)        to prepare tax related information in order to report to tax authorities in compliance with a legal obligation to which the Company is subject; and

(f)         to scan and monitor emails sent to us (including attachments) for viruses or malicious software, to process and encrypt personal data to protect and manage email traffic, and to store personal data on our systems to pursue our legitimate interests including for document retention purposes; and

(g)        such other actions as are necessary to manage the activities and/or to comply with the legal obligations of the Company, including by processing instructions and enforcing or defending the rights and/or interests of the Company, in order to comply with the its legal obligations and/or to pursue the Company’s legitimate interests.

Basis on which we process your data

Where such processing is being carried out on the basis that it is necessary to pursue the Company’s legitimate interests, such legitimate interests are not overridden by your interests, fundamental rights or freedoms. Such processing may include the use of your personal data for the purposes of sending you electronic marketing communication, in relation to which you can at any time subscribe by following the instructions contained in each marketing communication.

The Company does not anticipate being required to obtain your consent for the processing of your personal data as listed above. If the Company wishes to use your personal data for other purposes which do require your consent, we will contact you to request this.

(B)        VISITORS TO OUR WEBSITE

The kind of information we hold about you

We may collect, use, store and transfer different kinds of personal data about you which you provide to us though our website: name, date of birth, address, email address, telephone numbers, technical data (including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website, usage data (including information about how you use our website, products and services, and marketing and communications preferences (including your preferences in receiving marketing from us and your communication preferences)].

We do not collect any sensitive personal data or special categories of personal data about you through our website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How we collect your data

We use different methods to collect data from and about you including through:

  • direct interactions with you, including by filling in forms. This includes personal data you provide when you subscribe to our publications and/or request marketing to be sent to you.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
  • Technical data from analytics providers such as Google based in the cloud with no central depositary.

How we will use information about you

Your personal data may be processed by the Company or its processors or sub-processors (or any of their affiliates, agents, delegates or sub-contractors) for the following purposes:

  • to send you updates on the performance of the Company, newsletters, invitations to events and other electronic marketing communications which we will do (a) on the basis of our legitimate interests if you are an investor in the Company or (b) with your consent;
  • to use data analytics to improve our website, marketing, customer experiences on the basis of our legitimate interests;
  • to comply with legal or regulatory requirements;
  • to scan and monitor emails sent to us (including attachments) for viruses or malicious software, to process and encrypt personal data to protect and manage email traffic, and to store personal data on our systems to pursue our legitimate interests including for document retention purposes; and
  • such other actions as are necessary to manage the activities of the Company, including by processing instructions, and enforcing or defending the rights and/or interests of the Company in order to comply with their legal obligations and/or to pursue their legitimate interests.

We will use your personal data in the following circumstances: where it is necessary for our legitimate interests, or those of a third party (including in relation to the sending of electronic marketing communications) and where your interests and fundamental rights are not overridden by those interests, or where we need to comply with a legal or regulatory obligation.

If we consider it necessary to obtain your consent in relation to the use of your personal data (such as for sending emails to individuals that have not invested in the Company, we will contact you to request this consent. In such circumstances, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. If you decide to provide your consent, you have the right to withdraw your consent at any time, although that will not affect the lawfulness of processes based on consent before its withdrawal. To withdraw your consent or to opt out of receiving marketing communication, please contact us in writing or following the unsubscribe instructions included in each electronic marketing communication. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Links to websites

Where the website provides links to other websites, the Company is not responsible for the data protection/privacy/cookie usage policies of such other websites, and you should check these policies on such other websites if you have any concerns about them. If you use one of these links to leave our website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting a linked website and such websites are not governed by this policy. You should always exercise caution and review the privacy policy applicable to the website in question.

Cookies

A cookie is a small file which asks permission to be placed on your computer. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website by tailoring it to the needs of users. We only use this information for statistical analysis purposes.

Overall, cookies help us provide a better website by enabling us to monitor which pages users find useful and which they don’t. A cookie does not give us access to a user’s computer or any information about them, other than the data they choose to share with us.

The browsers of most computers, smartphones and other web–enabled devices are usually set up to accept cookies. If your browser preferences allow it, you can configure your browser to accept all cookies, reject all cookies, or notify you when cookies are set. Each browser is different, so check the “Help” menu of your browser to learn about how to change your cookie preferences.

However, please remember that cookies are often used to enable and improve certain functions on our website. If you choose to switch certain cookies off, it will affect how our website works and you may not be able to access all or parts of our website.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

You can find more information about the individual cookies that we use and the purposes for which we use them in our Cookie Policy on our website.

For further details on cookies (including how to turn them off) can be found at www.allaboutcookies.org.

(C)        BUSINESS CONTACTS

The following section of this policy sets out how the Company may process personal data (as a controller) about its business contacts and (current, previous and/or potential) service providers (and employees of service providers) and data subjects that have provided a business card to, or have corresponded with the Company.

The kind of information we hold about you

We may collect, use, store and transfer different kinds of personal data about you which you provide to us including: name, date of birth, address, email address, telephone numbers, place of work and job title.

We do not collect any sensitive personal data or special categories of personal data about you through our website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How we will use information about you

We will use your personal data in the following circumstances: where it is necessary for our legitimate interests, or those of a third party (including in relation to the sending of electronic marketing communications) and where your interests and fundamental rights are not overridden or where we need to comply with a legal or regulatory obligation.

Your personal data may be processed by the Company, its processors or its sub-processors (or any of their affiliates, agents, delegates or sub-contractors) for the following purposes:

  • to hold your personal data on our system and to contact you on the basis of the legitimate interests of the Company (including in connection with using the services that you provide);
  • in respect of suppliers, to allow us to process payments and orders in respect of any goods and services provided;
  • to send you updates on the performance of the Company, newsletters, invitations to events and other electronic marketing communications which we will do (a) on the basis of our legitimate interests if you are an investor in the Company or (b) with your consent;
  • to comply with legal or regulatory requirements;
  • to scan and monitor emails sent to us (including attachments) for viruses or malicious software, to process and encrypt personal data to protect and manage email traffic, and to store personal data on our systems to pursue our legitimate interests including for document retention purposes; and
  • such other actions as are necessary to manage the activities of the Company, including by processing instructions and enforcing or defending the rights or interests of the Company, in order to comply with their legal obligations and/or to pursue their legitimate interests.

Basis on which we process your data and right to withdraw consent

If we consider it necessary to obtain your consent in relation to the use your personal data (such as for sending emails to individuals that have not invested in the Company), we will contact you to request this consent. In such circumstances, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. If you decide to provide your consent, you have the right to withdraw your consent at any time, although that will not affect the lawfulness of processes based on consent before its withdrawal. To withdraw your consent or to opt out of receiving marketing communication, please contact us in writing or following the unsubscribe instructions included in each electronic marketing communication. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Where such processing is being carried out on the basis that it is necessary to pursue the Company’s legitimate interests, such legitimate interests do not override your interests, fundamental rights or freedoms. Such processing may include the use of your personal data for the purposes of sending you electronic marketing communication, in relation to which you can at any time subscribe by following the instructions contained in each marketing communication.

3.         DISCLOSURES OF YOUR PERSONAL DATA

We will not disclose personal information we hold about you to any third party except as set out below.

We may disclose your personal data to third parties who are providing services to us, including IT service providers, PR and marketing service provider, processors of the Company (including printers, registrars, brokers, the manager, administrators) telephone service providers, document storage providers, backup and disaster recovery service providers.

We may also disclose personal data we hold to third parties:

(a)        in the event that we sell any business or assets, in which case we may disclose personal data we hold about you to the prospective and actual buyer of such business or assets; and/or

(b)        if we are permitted by law to disclose your personal data to that third party or are under a legal obligation to disclose your personal data to that third party.

4.         DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

5.         INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).

6.         DATA SECURITY

The Company has put in place measures to ensure the security of the personal data it collects and stores about you. It will use its reasonable endeavours to protect your personal data from unauthorised disclosure and/or access, including through the use of network and database security measures, but it cannot guarantee the security of any data it collects and stores.

We have put in place through our service providers appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7.         YOUR LEGAL RIGHTS

In certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • Withdraw your consent. If we are processing your personal data on the basis of your consent, you have the right to withdraw such consent at any time. Withdrawing your consent will not affect the lawfulness of processes based on consent before its withdrawal. To withdraw your consent or to opt out of receiving marketing communication, please contact us in writing or following the unsubscribe instructions included in each electronic marketing communication. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

If you wish to exercise any of the rights set out above, please contact us in writing.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

8.         CHANGES TO THIS PRIVACY NOTICE

We may update this privacy notice from time to time and will communicate such updates through our website. We may also notify you from time to time about the processing of your data.

9.         FURTHER INFORMATION

If you have any queries about this policy or your personal data, or you wish to submit an access request or raise a complaint about the way your personal data has been handled, please do so in writing and address this to the Company at c/o Juniper Partners Limited, 28 Walker Street, Edinburgh EH3 7HR.

© Personal Assets Trust plc

Data Protection and Privacy Policy

May 2018

Welcome to the Electric & General Investment Fund website

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://www.taml.co.uk/e-and-g (“our site”).  Use of our site includes accessing and browsing on our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.  By accessing and continuing to use our site, you are deemed to have read, understood,  and accepted these terms of use and to have agreed to comply with them.

OTHER IMPORTANT TERMS

These terms are to be read by you together with any other terms, conditions or disclaimers provided in the pages of our site. These terms incorporate the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (https://www.taml.co.uk/e-and-g/privacy-policy/), which sets out the way in which we process personal data about you, including that we collect from you, that you provide to us or that we generate. By using our site, you acknowledge and agree to such processing and you warrant that all data provided by you is accurate. Use of your personal information submitted via our site is governed by our Privacy Policy.
  • Our Cookies Policy (https://www.taml.co.uk/e-and-g/cookies/), which sets out details of the cookies used on our site and the way in which we use log files and tracking technologies.

If you do not agree to these terms of use, you must not use our site.

INFORMATION ABOUT US

https://www.taml.co.uk/e-and-g is a site operated by Personal Assets Trust Public Limited Company (“Personal Assets Trust” or “We”).  Personal Assets Trust is registered in Scotland under company number SC074582 and our registered office is at 28 Walker Street, Edinburgh EH3 7HR. Personal Assets Trust is an Investment Company within the meaning of Section 833 of the Companies Act 2006.

If you have any questions about these terms of use, please contact us in writing and address this to the Company at c/o Juniper Partners Limited, 28 Walker Street, Edinburgh EH3 7HR.

CHANGES TO THESE TERMS

We may revise or replace these terms of use at any time (without notice to you) by amending this page.

Please check these terms each time you use our site to ensure that you understand the terms that apply at that time. By continuing to use and access our site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time so as to be aware of any such variations. This version was last updated in February 2023.

CHANGES TO OUR SITE

We may update our site from time to time, and may change, remove or replace the content and information at any time. However, please note that any of the content or information on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content or information on it, will be free from errors or omissions.

YOUR USE OF OUR SITE

Your access to and use of our site (for which we shall not be liable) is at your own initiative and risk, and you are solely responsible for your use of our site, the use to which you put information contained on it and any decisions you make regarding any investments. It shall be your own responsibility to ensure that any products, services or information available through our site meet your specific requirements.

ACCESSING OUR SITE

We try to make sure that our site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we do not guarantee that our site will be fit or suitable for any purpose. Any reliance that you may place on the information on our site is at your own risk.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis.

We may suspend, withdraw, discontinue or change the availability of all or any part of our site without notice at any time that we see fit. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We try to make our site as accessible as possible. If you have any difficulties using our site, please contact us using the contact details in the ‘Information About Us’ section above.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights including without limitation copyright and related rights, trade marks, domain names, database rights, and any and all other intellectual property rights of any kind whether registered or unregistered anywhere in the world in our site, and in any text, images, video, audio or other content, software or other information or material submitted to, contained on or accessible from our site (“Works”).  The Works are protected by copyright laws and treaties around the world and all other applicable intellectual property laws.  All such rights are reserved. This means that we or our licensors (as applicable) remain the owner of them and are free to use them as they see fit.

Certain words, phrases, names, designs, icons, graphics or logos used on our site may constitute trade marks, service marks or trade names of Personal Assets Trust or other entities. The display of any trade marks on our site does not imply that a licence has been granted for any further use by you. Any unauthorised downloading, re-transmission or other copying or modification of trade marks that occurs without our prior written consent is strictly prohibited and may be a violation of statutory or common law and/or trade mark law and could be subject to legal action.

You may view, print off one copy, and may download extracts, of any page(s) from our site for your own personal non-commercial use and you may draw the attention of others within your organisation to content posted on our site. Any other use of the Works is prohibited unless you have received an appropriate licence for that use from us or our licensors. You may not use or export or re-export the Works in violation of applicable laws. Nothing in these terms, or on our site, grants you any rights in our site or the Works other than as necessary for you to use our site in accordance with these terms.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of the Works must always be acknowledged.

You must not use any part of the Works for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

SUBMITTING INFORMATION TO OUR SITE AND/OR US

While we try to make sure that our site is secure, we do not actively monitor or check whether information supplied to us through our site is confidential, commercially sensitive or valuable.

Any unencrypted or otherwise unprotected e-mail communication over the internet is, as with communication via any other medium, not confidential, subject to possible interception or loss, and is also subject to possible alteration. We are not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to us or an e-mail sent by us to you at your request. We cannot accept any responsibility for unauthorised access by a third party or the corruption of data sent to it.

Other than any personal information which will be dealt with in accordance with our Privacy Policy and Cookies Policy, we do not guarantee that information supplied to us through our site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information purposes only.  It is not intended to amount to advice on which you should rely and nothing on our site is intended to constitute an invitation or inducement to engage in investment activity in any jurisdiction. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. For the avoidance of doubt, any investment decisions relating to Personal Assets Trust should be made on the basis of the final terms of such investment/opportunity and not on the basis of the content on our site. Should you undertake any investment activity based on the content on our site, you do so entirely at your own risk and Personal Assets Trust shall have no liability whatsoever for any loss, damage, costs or expenses incurred or suffered by you as a result.

Whilst prepared in good faith, the content on our site does not purport to be comprehensive nor has it been verified. Personal Assets Trust and its affiliates, partners, associated businesses, licensors and their respective officers, directors, employees and agents disclaim all representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Information and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using our site or relying on any of the content on our site.

Past performance is not an indicator of future performance. Market and currency movements may cause the value of investments and the income and other returns from them to go down as well as up and you may get back less than you invested.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

We will not be liable for any loss arising as a result of a cause which is beyond our control, including failure of electronic or mechanical equipment of any kind, failure of communication systems (including telephone, cable or internet), unauthorised access, theft, operator error or any similar event.

If you are a business user, we will not be liable for:

  • loss of profits, sales, business, contracts, income or revenue;
  • loss of data;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

If you are a consumer, you may only access our site for domestic and private use. You agree not to use our site for any commercial or business purposes.

YOUR CONDUCT

As a condition of your use of our site, you agree not to attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

We may prevent or suspend your access to our site if you do not comply with anything contained in these terms or any applicable law.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology and computer programmes in order to access our site and you should use your own virus protection software when accessing our site.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and the website you link from does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and are not responsible for the content of these sites or for anything provided by them. We do not guarantee that these sites or resources will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators. We will not be liable for any loss or damage that may arise from your use of any such links. Please note that your use of a third party website may be governed by the terms and conditions of that third party website.

APPLICABLE LAW

These terms of use, its subject matter and its formation, are governed by Scottish law provided that, if you are a consumer and resident elsewhere, you will retain the benefit of any mandatory protections given to you by the law of that country.

If you are a business, you hereby submit to the exclusive jurisdiction of the courts of Scotland to finally adjudicate or determine any suit, action or proceeding arising in connection with any disputes, controversies or claims arising out of or in connection with our site (Dispute If you are a consumer, you agree to submit to the non-exclusive jurisdiction of the Scottish courts in respect of any Dispute provided that nothing in these terms shall prevent a consumer from taking proceedings in respect of a Dispute in any other courts with jurisdiction.

Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

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