- the singular includes the plural and vice versa
- a reference to a person includes firms, companies, government entities, trusts and partnerships
- “including” is understood to mean “including without limitation”
- reference to any statutory provision includes any modification or amendment of it
Definitions and interpretation
|Data||collectively all information that you submit to Function Six Limited via the Site. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws|
|Cookies||a small text file placed on your computer by this Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the cookies used by this Site are set out in the clause below (Cookies)|
|Data Protection Laws||any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK|
|GDPR||the General Data Protection Regulation (EU) 2016/679|
|Function Six Limited, we or us||Function Six Limited, a company incorporated and registered England and Wales 12417173, Unit 2 Tower House, Hoddesdon, Herts, England, EN11 8UR|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011|
|User or you||any third party that accesses our Site and is not either (i) employed by Function Six Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Function Six Limited and accessing our Site in connection with the provision of such services|
|Site||the website that you are currently using, https://www.functionsix.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions|
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
For purposes of the applicable Data Protection Laws, Function Six Limited is the “data controller”. This means that Function Six Limited determines the purposes for which, and the manner in which, your Data is processed.
We may collect the following Data when you visit and/or interact with our Site as well as when you contact us through our ‘Contact Us’ page, which includes personal Data, from you:
- name (given by you)
- contact Information such as email addresses and telephone numbers (given by you)
- IP address (automatically collected)
- browser type and version (automatically collected)
- operating system (automatically collected)
To the extent that you access our Site, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to our Site. This information helps us to make improvements to Site content and navigation, and includes your IP address, the date, times and frequency with which you access the Site and the way you use and interact with its content
Our use of Data
Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site. Specifically, Data may be used by us for the following reasons:
- internal record keeping
- improvement of our products/services
- transmission by email of marketing materials that may be of interest to you
- contact for market research purposes which may be done using email, telephone or mail. Such information may be used to customise or update our Site.
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
We may share your Data with the following groups of people for the following reasons:
- our employees, agents and/or professional advisors in order to contact you via email or telephone in response to your queries
- third party service providers who provide services to us which require the processing of personal data to perform functions on our behalf to help ensure the website runs smoothly, analyse site traffic and trends, and understand the online behaviours and interests of those people who interact with our Site
Keeping your Data secure
We will use technical and organisational measures to ensure that your Data is safeguarded In order to do this, we encrypt Data through a Secure Sockets Layer (SSL).
We will use technical and organisational measures to ensure that your Data is safeguarded In order to do this, we encrypt Data through a Secure Sockets Layer (SSL). We do everything possible to protect your personal information from getting lost or destroyed and to protect your personal information from usage, changes and distribution by unauthorised people. We do this by encrypting sensitive information, processing usage data anonymously and where needed through a Secure Socket Layer (SSL).
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information that we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.