Last updated: 4th of April 2020

Terms and Conditions applicable to a buyer of Products using ProfitHonesty

These terms and conditions are the contract between you and Profit Honesty (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

Profit Honesty is a trade name of The Next Big Idea Ltd, company number 09292492 incorporated in England, whose registered address is at 38 Sherbourne Avenue, Chester, CH4 7QU.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.

If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.

1. Definitions

“Content”means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Our Website”means any website of ours and includes all web pages controlled by us. 
“Post”means upload or place on or into Our Website any Content or material of any sort by any means.
“Product”means any item offered for sale on Our Website, whether physical goods or downloads.
“Seller”means a person who offers a Product for sale on Our Website.
“Service”means any service we provide through Our Website, whether free or charged.

2. Our contract

  1. Profit Honesty is neither a buyer nor seller of Products offered for sale in any form. Profit Honesty is never either a principal or agent in a buying transaction.
  2. Profit Honesty is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for promotion of his/her Products.
  3. We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Profit Honesty members.
  4. We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
  5. These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
  6. We provide a market place for the promotion of Products. We are in no way responsible for:
    1. your locating and ordering a Product;
    2. your choice of a Product;
    3. any aspect of the provision of the Product;
    4. refund payment for any Product;
    5. any complaint about any Product.
  7. In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
  8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3. Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
  3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. The buying procedure

  1. Profit Honesty is not responsible for the fulfilment of your contract to buy a Product.
  2. Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
  3. Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of his business.
  4. Products may be offered for sale subject to any discount or promotion arranged between Profit Honesty and the Seller.
  5. Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
  6. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
  7. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

5. The Product Review Procedure

  1. We take the accuracy of our product reviews very seriously and undertake a rigorous checking procedure. However, in the event that the information provided to us by the seller is in any way false or inaccurate, we are in no way responsible for this and we are not liable for the price you have made. This means we are not liable for any form of compensation to you for the price you have been charged.

6. Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  3. download any part of Our Website, without our express written consent;
  4. collect or use any product listings, descriptions, or prices;
  5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  7. share with a third party any login credentials to Our Website;

7. Copyright and other intellectual property rights

  1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products for sale. It is all protected by international copyright laws.
  2. You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

8. Interruption to the Profit Honesty Service

  1. We give no warranty that the Profit Honesty Service will be satisfactory to you.
  2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Profit Honesty Service for repairs, maintenance or other reason. We may do so without telling you first.
  3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
  4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

9. Our disclaimers

  1. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
  2. We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
  3. The Profit Honesty Website and Profit Honesty Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
    1. of satisfactory quality;
    2. fit for a particular purpose;
    3. available or accessible, without interruption, or without error;
  4. So far as concerns a Product you buy through visiting Our Website, we are not liable for:
    1. any product or service complying with the requirement of any law or being available;
    2. the Seller performing his contract;
  5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.

10. Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  1. If you are not happy with our services or have any complaint then you must tell us by email message to admin@profithonesty.com.
  2. Detailed information about our complaint handling procedure is available upon request.
  3. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  4. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

11. Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  3. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
  4. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    • It shall be deemed to have been delivered:

      if delivered by hand: on the day of delivery;
      if sent by post to the correct address: within 72 hours of posting;
      If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  5. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
  6. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
  7. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Terms and Conditions applicable to a seller of goods using ProfitHonesty.com

These terms and conditions are the contract between you and Profit Honesty (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

Profit Honesty is a trade name of The Next Big Idea Ltd, company number 09292492 incorporated in England, whose registered address is at 38 Sherbourne Avenue, Chester, CH4 7QU.

1. Definitions

“Content”means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
“Our Website”means any website of ours and includes all web pages controlled by us.
“Post”means place on or into Our Website any Content or material of any sort by any means.
“Product”means any item offered for sale by you on Our Website, whether physical goods or downloads.
“Service”means all of the services available from Our Website, whether free or charged.

2. Our contract

  1. he relationship between us is solely that:
    1. in consideration of a fee charged by us, we provide for you promotional products as an arm’s length contractor.
    2. we act as your agent solely in the promotion of your products and/or services.
    3. we are not partners or joint venturers.
  2. If you place a Product for promotion on Our Website, you do so subject to these terms.
  3. When you place a Product on Our Website, you will be bound to provide all the information required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
  4. Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or Our Website visitor has a valid complaint against you.
  5. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
  6. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

3. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”)

  1. You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations.
  2. Because we are not your agents except to market your Products, all your obligations under the Regulations must be fulfilled by you. That means the information you provide to us by entry or upload into Our Website must be clear, sufficient and complete, to comply with the Regulations.
  3. On Our Website, we will provide a route to allow a customer to deal directly with you. Once that communication has begun, all options relating to delivery and cancellation of his order will be solely your responsibility.
  4. Because every reference to a Product of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
    1. that no content on your website will contradict content you place on Our Website.

4. Your Product placement

You agree that you will:

  1. not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
  2. immediately instruct us to remove from sale on Our Website any Product which for any reason, you are unable to supply.
  3. not replace any Product we remove from offer for sale.

5. Delivery

  1. Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer.
  2. If it is apparent that a customer has not received a Product within 14 days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.

6. Products returned

You agree that you will at all times:

  1. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
  2. in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;

7. The selling procedure

  1. Profit Honesty is not responsible for the fulfilment of your contract to sell a Product.
  2. Subject to discounts and promotions, Products are offered for sale at a fixed price. If the price of your product changes permanently, you will notify us and request a review of your product pricing. This does not include short terms offers or discounts that you choose to make from time to time.
  3. You may view the buyer’s conditions on Our Website at any time.

8. Advertising your Product

If you accept our offer to advertise market or promote your Product, the following conditions apply:

  1. We may use the services of a specialist Internet marketing business associated with Profit Honesty.
  2. Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
  3. We give no guarantee as to the success of any advertising placed.

9. Your Infographic Downloads

  1. Should you purchase an infographic from us, then that represents a downloadable product. Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
  2. License and Use. Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation. 
  3. Intellectual Property. The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
  4. Refunds and Chargebacks. Our downloadable products are subject to the terms on digital products as laid out in the Consumer Rights Act, 2015.
  5. Warranties and Liability. We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. 

10. How we handle your Content

  1. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
  2. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  3. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  4. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  5. Please notify us of any security breach or unauthorised use of your account.

11. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing your products and services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

  1. be unlawful, or tend to incite another person to commit a crime;
  2. be obscene, offensive, threatening, violent, malicious or defamatory;
  3. be sexually explicit or pornographic;
  4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

12. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  3. download any part of Our Website, without our express written consent;
  4. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  5. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  6. share with a third party any login credentials to Our Website;

13. Copyright and other intellectual property rights

  1. All content on Our Website, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
  2. You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
  3. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

14. Interruption to the Service

  1. We give no warranty that the Service will be satisfactory to you.
  2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
  3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
  4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

15. Our disclaimers

  1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
  2. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
  3. Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
    1. as to fitness of Our Website and Service for a particular purpose;
    2. as to availability and accessibility, without interruption, or without error;
    3. any obligation, liability, or remedy in tort whether or not arising from our negligence.
  4. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

16. Data Protection Act 2018 Compliance

  1. Your own personal data will be held and processed by us in the ways set out in our privacy policy at ProfitHonesty.com/privacy-policy.
  2. Insofar as we process personal and other data of the buyers or other person with whom you interact in the course of your business following terms apply:
    1. to satisfy your legal obligations and ours, we will agree to comply with the provisions of the Schedule. 
    2. those obligations shall continue to apply after expiry or termination of this agreement for any reason.

17. Miscellaneous matters

  1. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
  3. If you are in breach of any term of this agreement, we may:
    1. terminate your account and refuse access to Our Website;
    2. remove or edit Content or cancel any order at our discretion.
  4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  5. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  6. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
  7. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
  8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Schedule: Data Protection Act 2018 Compliance

1. Definitions

In this Schedule, the following words shall have the following meanings:

“Act”means the Data Protection Act 2018.
“Associate”means any corporate or other form of organisation or any individual person with whom you have an association which does, or could, entail the transfer of personal data to us for processing.
“ICO”means the Information Commissioner’s Office.
“Data Protection Legislation”means all or any of:(a) the GDPR,(b) the applied GDPR,(c) the Act,(d) regulations made under the Act(e) regulations made under section 2(2) of the European Communities Act 1972 which relate to the GDPR or the Law Enforcement Directive.
“the GDPR”means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
“the applied GDPR”means the GDPR as applied by Chapter 3 of Part 2 of the Act.
“Law Enforcement Directive”means Directive (EU) 2016/680 of the EuropeanParliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

“data controller”, “data processor”, “sub-processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act.

In this agreement, “personal data”, is limited to data which comes into our hands in some way connected to this agreement.

2. Data Protection

  1. The obligations described in this Schedule are in addition to our obligations under the Data Protection Legislation.
  2. To enable us to provide the Services under this agreement, you authorise us to process personal data on your behalf.
  3. We both agree that you and your Associates are data controllers, and we are your data processor in relation to personal data.
  4. Details of the anticipated processing activities are set out at Appendix 1 to this Schedule.

3. How we shall process data

We shall at all times comply with the provisions and obligations imposed by the Data Protection Legislation and, in particular, shall:

  1. process personal data only to the extent necessary to provide the Services;
  2. ensure that every person processing personal data under this agreement does so strictly on a need-to-know basis, has received training on their obligations relating to handling of personal data and is bound by confidentiality obligations no less stringent than our confidentiality obligations under this agreement;
  3. in order to use commonly accepted international communications and money transfer protocols, it will be necessary to use sub-contractors for certain service provision. We shall not necessarily be aware of the identity of every organisation involved in the train of communications. When that happens, we accept full responsibility for our compliance with the Data Protection Legislation.
  4. subject to the exceptions mentioned in the last previous sub-paragraph, we will not use subcontractors for personal data processing under this agreement without your prior written consent.
  5. wherever possible, enter into a written contract with each such sub-processor, which includes the same obligations on the sub-processor as those imposed on us by You under this agreement.
  6. subject to the other provisions of this Schedule, not process personal data or permit any third party to process personal data outside of the European Economic Area (EEA) unless:
    1. EU standard contractual clauses approved by the European Commission or the ICO are entered into between you or your relevant Associate as data exporter, and the relevant recipient of the personal data as data importer; or
    2. the recipient of the personal data has entered into a data processing agreement with you; or
    3. the recipient of the personal data is regulated within the United States of America solely by the U.S. Department of Commerce, is certified under the EU/US Privacy Shield framework, and continues to be certified for the period within which it processes the personal data; or
    4. the recipient of the personal data has entered into binding corporate rules, which are valid in respect of the processing of personal data under this agreement and have been approved by the European Commission or the ICO; or
    5. the transfer is to a recipient located within a jurisdiction whose law relating to the processing of personal data has been approved by the European Commission or the ICO (subject to any applicable restrictions).
  7. have in place at all times appropriate technical and organisational measures to ensure a level of security appropriate to the risk presented by processing the personal data, to prevent accidental, unauthorised or unlawful destruction, loss, alteration, or access to personal data, including as a minimum whatever security measures you notify and instruct us to use. Examples of such measures are:
    1. the pseudonymisation and encryption of personal data;
    2. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; and
    3. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of processing;
  8. maintain a written record of all categories of processing activities carried out on your behalf and when you ask, copy it to you. The record shall contain:
    1. Our name and contact details and (where applicable) those of our approved sub-processors and details of their respective data protection officers;
    2. the categories of personal data, data subjects and processing activities carried out on behalf of you and your Associates;
    3. where applicable, transfers of personal data to a third country (i.e. non-EU Member State) or an international organisation, including identification of that third country and documentation evidencing implementation of suitable safeguards; and
    4. a general description of the technical and organisational security measures we have installed as referred to in Article 32(1) of the GDPR;
  9. when you ask, give to you or to the ICO, access to our employees, data processing facilities, procedures, and records to inspect and audit compliance with the Data Protection Legislation and the terms of this agreement. We shall (and shall ensure any sub-processor shall) give all reasonable cooperation and assistance.
  10. immediately tell you (and in any event within 24 hours) after becoming aware of any actual or suspected unlawful destruction, loss, alteration, disclosure of, or access to, personal data transmitted, stored or otherwise processed by you or any sub-processor under this agreement;
  11. provide reasonable assistance to you in:
    1. responding to data subject’s requests to exercise their rights under the Act;
    2. responding to communications received from the ICO relating to the processing of personal data under this agreement, including notifying You immediately of any such communication;
    3. taking measures to address data security incidents, including, where appropriate, measures to mitigate their possible adverse effects;
    4. promptly upon your request, transfer personal data to a third party in compliance with a request from a data subject to exercise their right to data portability;
    5. make available to you on request all information necessary to demonstrate compliance with the obligations set out in this Schedule; and
    6. at your request (no more than once in every calendar year) complete and return without delay your information security and data protection questionnaires.

4. Post termination

  1. Upon termination of this agreement, we and any sub-processor shall:
    1. physically destroy all copies of media upon which any personal data was supplied and any further copies made by us;
    2. return all personal data stored in hard copy to you;
    3. delete all personal data stored in soft copy, by some method which prevents future re-activation of that data;
  2. Where we or our sub-processor is required to retain personal data in order to comply with applicable law, we will tell you and will retain such personal data only in our capacity as a data processor and shall comply with our obligations as a data processor, as far as applicable law permits.

5. Warranty and acceptance of liability

  1. We represent and warrant that the information provided in any response to any request by you shall be complete, true and accurate, and will not misrepresent our business or practices in respect of our ability to comply with the Data Protection Legislation and our obligations under this agreement.
  2. If any act or omission of ours or our sub-processors results in data transmitted or processed under this agreement being lost or degraded so as to be unusable, then we shall be liable to you for the cost of reconstituting the data and/or yours and your Associate’s costs in recreating such data. 

Appendix 1 to Schedule

Data Processing Activities

What we or you may process in each category

  1. We shall process this basic personal data
  1. Name
  2. Address
  3. Email address
  4. Phone number
  5. Date of birth
  6. Technical information relating to electronic communication, which is personal information only when associated with the name or identity of the data subject
  7. We shall process the data of these data subjects

Data of buyers, so far as their data is required in order to satisfy our obligations under this contract and comply with the Data Protection Legislation.

  1. This is why and how we shall process personal data
  1. Our processing of personal data will be limited to such activity as is reasonably required to satisfy our obligations under this contract.
  2. We shall not make contact with any data subject nor seek additional data from any other source.
  3. Retention period
  1. We may retain personal data, along with much other data, for six years, for these reasons:
    1. for accounting and taxation purposes;
    2. to provide evidence if required in connection with a legal claim;
    3. for any other reason where the law provides a six years limitation period;
  2. If any event occurs which requires us lawfully to continue to retain data beyond that period, then we may do so.

This policy is effective as of 4th April 2020