INTRODUCTION These Terms and Conditions set out how Robert Ellis Photography T/A Repfoto/The Rock Library uses and protects any information that you give to us when you use this website.
** Robert Ellis Photography T/A Repfoto/The Rock Library is committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018.
Robert Ellis Photography T/A Repfoto/The Rock Library may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.**
Access to this website is subject to the following terms and conditions. Please read the terms and conditions set out below. When You access this site for the first time You agree to be bound by all terms and conditions for the use of this Service. We may vary the terms and conditions for the use of this Service from time to time by posting revised terms and conditions on the site. It’s Your responsibility to check whether the terms and conditions have been revised. Your use of this service after the date on which we post the revised terms and conditions shall be deemed to constitute Your acceptance of the revised terms and conditions. If You do not agree to be bound by these terms and conditions You must stop using this site immediately.
In these terms and conditions:
· “Repfoto” “The Rock Library” or “Service” means the on-line service provided by us at Robert Ellis Photography T/A Repfoto/The Rock Library from time to time.
· “Person” means an individual, or a body corporate or unincorporated, and “Persons” shall be construed accordingly.
· “Register” means completing the registration process.
· “Registered Account” means your use of the Service through the username chosen by You during the registration process.
· “You” or “Your” means the Person using this site or named in the registration details (if any) accompanying these terms and conditions.
· “Your Communications” means any communications received or sent by You through the Service including e-mails and other electronic messages.
· “Your Material” means any material within the Service which originated from You through the Service.
· “We” and “Us” and “The Company” means Robert Ellis Photography T/A Repfoto/The Rock Library
You will be required to Register if You wish to use certain of the facilities provided by this site. If You do not Register then these facilities may not be available to You.
If You do Register, You confirm and warrant that all the information supplied by You when You Register is true, complete and accurate in all respects. You agree to maintain and keep your details up-to-date.
We will review your registration details and if You satisfy our validation checks We will provide You with access to the facilities for which You have Registered. If You do not satisfy our validation checks We will notify You by email.
Provision of the service
The Service will be provided on an “as is” and “as available” basis. We cannot guarantee that the Service will be provided fault-free and We do not undertake or warrant that the Service will be free from defects.
We may temporarily suspend the Service either partially or completely for any reason. We will restore the Service as soon as reasonably practicable after a suspension. We will not be liable to You for any loss which You incur as a result of any such suspension.
The pages contained in this site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in this site is only for information purposes. The material on this site does not constitute advice and You should not rely on any material on this site to make (or refrain from making) any decision or take (or refrain from taking) any action.
Your Communications may be monitored to allow support of the Service or where we have reason to believe there may have been a breach of the usage policy.
Use of the service
You warrant and undertake to us that You will use your best endeavours to ensure that
the Your Material and Your Communications and your use of the Service is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:
· defamatory, offensive, indecent or of an obscene or menacing character; or
· likely to cause annoyance, inconvenience or anxiety to any person; or
· likely to breach any copyright or confidentiality or privacy or other intellectual property of any person; or
· fraudulent or connected in any way with the committal or possible committal of a criminal offence; or
· material of a racial or sexually discriminatory nature; or
· “spam” mail; or
· material that contains a mail bomb; or
· a Trojan horse; or
· material that contains viruses or worms other disruptive programs or devices; or
· in breach of these terms and conditions of use.
You are fully responsible for the content of Your Communications and you must ensure that Your Communications do not cause disturbance or harassment of a recipient or other person. You are not permitted to send e-mails or electronic messages to recipients who have made clear that they do not wish to receive e-mail or electronic messages from You.
You are fully responsible for maintaining a copy of Your Communications and Your Material. We will not be liable to You for any loss, corruption or damage to Your Communications or Your Material.
Except as expressly permitted by these terms and conditions, You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of this site. In particular, You may not cache any of the contents for access by third parties nor mirror any content.
You may only download, use, reproduce and print materials appearing on this site for your own personal, non-commercial purposes.
We advise You not to disclose your password to any other Person. We also advise You to choose a password which will remind You of Your password but will not allow another Person to guess Your password.
You are fully responsible for ensuring that no unauthorised access is obtained to the Service through your Registered Account. You will be entirely liable for all activities conducted and charges incurred through your Registered Account whether authorised by You or not.
If We have reason to believe that there has been or is likely to be a breach of security or misuse of the Service We may change your password and notify You accordingly.
You may change your password and registration details on-line.
If You forget your password, please use the password reminder on-line service. If You are/have been unable to successfully use this Service then please contact us and if You satisfy our security checks We will issue You with a new password.
You acknowledge that we may be obliged by law to store all of Your Communications or Your Material and activity logs for a particular length of time and that We may be required by law to disclose details about these to government and law enforcement officials and other such agencies.
Ending the service
We can suspend or terminate your access to and/or use of the Service or any part of the Service if:
· We believe that You have provided false information on registration or that You have intentionally failed to notify Us of any changes to this information.
· You break any provision of the terms and conditions of use policy.
· We believe that your Registered Account is being used in a manner prohibited in the terms and conditions of use policy. If we delay in acting on a breach of this terms and conditions of use policy then delay will not be regarded as a waiver of the breach.
In performing any obligation under this terms and conditions of use policy, our duty is only to exercise reasonable care and skill of a competent on-line Service provider. We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of this site or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on this site or any site to which this site is linked. Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence. We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
You shall indemnify and hold us harmless from all losses, liabilities, costs and expenses in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards resulting from the use of this Service by you. This clause shall survive termination of this agreement for any reason whatsoever.
Privacy of personal information
** WHAT WE COLLECT? We may collect the following information:
Your name, username or job title. Contact information including your email address, postal address and telephone number. Demographic information such as postcode, preferences and interests. Other information relevant to customer surveys and/or offers provided by us.
WHAT WE DO WITH THE INFORMATION WE GATHER? We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record-keeping and to administer any dealings that you might have with us. We may use the information to improve our products and services to you. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or post but only in accordance with your expressed consent for such contact. We may also use the information to customise the website according to your interests.
THE LEGAL BASIS FOR PROCESSING YOUR DATA We collect this data from you on at least one of the following legal bases:
That you have provided your explicit consent for us to do so. That we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you). That we have a legitimate interest in doing so for our own commercial marketing activities where our use of your data is proportionate, has a minimal impact on your privacy and is an activity that you might
reasonably expect us to be engaged in.Generally we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to these activities at any time by contacting us at Email Me
If you have any questions about our use of your personal information, or you wish to exercise one of your rights under the GDPR, please contact us at Email Me
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION? We will only retain your personal information for the minimum time that is necessary. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.
CONTROLLING YOUR PERSONAL INFORMATION You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes. Right to withdraw consent, data retention and the right to be forgotten – If you have previously agreed to us using your personal information for direct-marketing purposes, you may change your mind at any time by contacting us. We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten cannot be implemented but we will inform you of this should you contact us on this basis. Right of data portability – You have the right to request a copy of the data that we hold about you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please contact us. We will provide the information in a commonly used and machine-readable format free of charge. Right of access to your data – You may request details of personal information which we hold about you. If you would like a copy of the information held on you please contact us. Right to rectification of inaccurate data – If you believe that any information we are holding about you is incorrect or incomplete, please contact us as soon as possible. We will promptly rectify any information found to be incorrect. Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998 and the GDPR 2018. This is free but in the case of manifestly unfounded or excessive/repetitive requests we reserve the right to charge a small administration fee of £10. If you would like a copy of the information held on you, please contact us.
SECURITY We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controller or those nominated as Repfoto Data Processors. Any password(s) which you might use to access the website or other platforms that are operated by Repfoto using third-party providers are your own responsibility and you undertake not to share them with anyone else. If you believe your password(s) has/have been compromised, you must inform us straight away and change it.
We will only ever use your personal data when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you. Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal or regulatory obligation. **
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Intellectual property rights
All rights, including copyright, in the content of these web pages from time to timeare owned or controlled for these purposes by Robert Ellis..
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trade marks, names or logos.
You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other Person.
Matters beyond our reasonable control
If We are unable to provide this Service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), We will not be liable for this.
This agreement is governed by English Law and You and We submit to the non-exclusive
jurisdiction of the English courts.
19th February 2004
* updated March 2018
** updated May 2018
Errors and omissions excepted.