Privacy, Cookies and GDPR compliance
Definitions and interpretation
collectively all information that you submit to Paul and Gretchen Duffin, trading as ‘Ideas We Share’ via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website 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;
the General Data Protection Regulation (EU) 2016/679;
Paul and Gretchen Duffin T/A Ideas We Share,
Paul and Gretchen Duffin, trading as ‘Ideas We Share’ of 500 Chemin des Bigons, Var, 83510;
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 the Website and is not either (i) employed by Paul and Gretchen Duffin, trading as ‘Ideas We Share’ and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Paul and Gretchen Duffin, trading as ‘Ideas We Share’ and accessing the Website in connection with the provision of such services; and
the website that you are currently using, ideasweshare.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
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;
For purposes of the applicable Data Protection Laws, Paul and Gretchen Duffin, trading as ‘Ideas We Share’ is the “data controller”. This means that Paul and Gretchen Duffin, trading as ‘Ideas We Share’ determines the purposes for which, and the manner in which, your Data is processed.
We may collect the following Data, which includes personal Data, from you:
contact Information such as email addresses and telephone numbers;
How we collect Data
We collect Data in the following ways:
data is given to us by you; and
data is collected automatically.
Data that is given to us by you
Paul and Gretchen Duffin, trading as ‘Ideas We Share’ will collect your Data in a number of ways, for example:
when you contact us through the Website, by telephone, post, e-mail or through any other means;
when you register with us and set up an account to receive our products/services;
when you elect to receive marketing communications from us;
when you use our services;
Data that is collected automatically
To the extent that you access the Website, we will collect your Data automatically, for example:
we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
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 Website. 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, fax or mail. Such information may be used to customise or update the Website;
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.
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
We may share your Data with the following groups of people for the following reasons:
third party service providers who provide services to us which require the processing of personal data – to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the website runs smoothly;
third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds;
Keeping Data secure
We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
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 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.
All Cookies used by this Website are used in accordance with current EU Cookie Law.
Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Paul and Gretchen Duffin, trading as ‘Ideas We Share’ to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This Website may place Cookies for analytical/performance and preference purposes.
Cookies allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it, they are also used to store personal preferences for site display options, such as the colours displayed. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
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.
You may contact Paul and Gretchen Duffin, trading as ‘Ideas We Share’ by email at firstname.lastname@example.org.
General terms and conditions of business
1. GENERAL CONDITIONS AND DEFINITIONS
(a) These terms and conditions shall apply to all agreements entered into by Paul and Gretchen Duffin (hereinafter called “Ideas We Share”) for the supply and configuration and/or installation of computer software, services, supplies and any other quotations. In case of conflict these terms and conditions shall override all terms and conditions imposed by the customer.
(b) The quotations contained in Ideas We Share’s proposals will hold good for thirty days from the date hereof after which Ideas We Share reserve the right to amend it. The price quoted for services, software or other goods purchased from third parties is subject to confirmation on receipt by Ideas We Share of the third parties accepted order and in the case of software to confirmation after detailed systems specification.
(c) Acceptance by the customer of Ideas We Share’s proposal shall comprise with these terms and conditions and complete agreement between Ideas We Share and the customer for the supply of the Services and the Software and shall replace and discharge all prior representations and agreements (if any) relating to the Services and Software and shall be independent of all other contracts between parties.
(d) In these terms and conditions the following definitions shall apply:-
(i) “the Agreement” shall mean Ideas We Share’s proposal as accepted by the customer read in conjunction with these terms and conditions.
(ii) “the Services” shall mean all services and products of those services (such as images, video and other designs) supplied by Ideas We Share as set out in Ideas We Share’s proposal.
(iii) “the Software” shall mean all operating software and other programs and associated documentation supplied by Ideas We Share as set out in Ideas We Share’s proposal.
(iv) “the Contract Price” shall mean the price stated in Ideas We Share’s proposal as amended (if at all) as provided for in Clauses 1(b) 6(a) and 9(g) hereof.
2. PRICE AND PAYMENT
(a) Invoices for payment of the Contract Price will be presented as follows:
(i) 30% on acceptance by the customer of Ideas We Share’s proposal.
(ii) 70% on delivery/provision of the and the Services and/or Software respectively.
(b) The Contract Price is exclusive of VAT and any other tax duty or imposition from time to time payable.
(c) The Contract Price is payable on invoice and Ideas We Share reserves the right to charge interest at 5% 30 days thereafter.
(d) Should Ideas We Share incur any extra costs owing to variation or suspension of the work by customers instructions or lack of instructions or to interruptions delays overtime unusual hours mistakes or work for which Ideas We Share is not responsible all such extra costs shall be paid by the customer.
(e) Where the Agreement includes a quotation for bespoke software invoices will be presented on an agreed basis based on work carried out by Ideas We Share during the preceding period and in the absence of an agreed basis as aforesaid Ideas We Share reserves the right to charge on a weekly basis.
(f) The Contract Price is exclusive of any reasonable expenses incurred by Ideas We Share or its contractors in carrying out work covered by this agreement, including travel, subsistence and accommodation.
3. DELIVERY AND ACCEPTANCE
(a) Any costs of Transportation or delivery charges and insurance costs until acceptance will be paid by customer.
(b) Ideas We Share shall not be liable for any damage or penalty for delay in delivery or failure to deliver when such delay is due to failure of third party infrastructures (such as but not limited to Internet Hosting Providers, third party software such as but not limited to WordPress, Adobe, etc), delays in transportation or any other cause beyond Ideas We Share’s control.
(c) Acceptance of the Services and software will be deemed to have occurred in the event that the customer makes use of the Services and/or Software for any purpose other than for the purposes of acceptance testing.
(1) Where third party products form a part of the Services and software provided, Ideas We Share offers no warranty beyond that provided by the providers of such third party products and all conditions and warranties express or implied by statute or otherwise howsoever relating to the quality or fitness for any purpose of the such third party products are hereby excluded.
(c) In the provision of third party products, Ideas We Share relies upon such third parties for information relating to their products which information Ideas We Share makes available in good faith to its customer and Ideas We Share does not warrant the accuracy or completeness of any such information.
(d) Ideas We Share reserves the right to charge the customer on a time and expenses basis for visits in response to unjustified warranty claims.
5. CUSTOMERS DUTIES
(a) The Customer undertakes promptly to supply to Ideas We Share all necessary information and facilities that Ideas We Share may reasonably from time to time require to permit Ideas We Share to proceed uninterruptedly with the performance of the agreement. In the event that the customer fails or delays in providing such information so that the work is delayed or increased thereby Ideas We Share reserve the right to increase the Contract Price to cover the reasonable cost of such a delay or increase.
(b) The customer undertakes that customer and the customer’s staff will keep in confidence and not disclose to any third party without Ideas We Share’s prior consent in writing any confidential information, including drawings, designs or information (whether of any commercial or technical nature) acquired from Ideas We Share other than information directly related to with the work carried out under the terms the subject of the Agreement.
(c) If the customer shall fail to perform any of his obligations hereunder having been notified of the failure and failed to remedy it within 30 days the full amount of the Contract Price remaining to be paid by the customer shall immediately and without notice become due and payable.
6. TITLE AND INTELLECTUAL PROPERTY RIGHTS
(a) Ideas We Share shall own all patents, copyrights and other intellectual property rights in any software or services that it provides.
Without prejudice to any other remedy which may be available to Ideas We Share under this Agreement, Ideas We Share may by written notice to the customer forthwith determine this Agreement;
(a) If the customer commits any breach of this Agreement which is not remedied within 30 days after the same has been called to his attention by Ideas We Share or
(b) If the customer (or if the customer shall be a partnership, any individual being a member of such partnership) shall become bankrupt or have a receiving order made against him or compound with his creditors or being a corporation shall commence to be wound up other than voluntarily for the purpose of amalgamation or reconstruction or if a receiver is appointed over any part of its business.
(a) The title copyright and all intellectual property rights of Software and/or Services or any part thereof developed as part of the contract by Ideas We Share shall vest in Ideas We Share.
(b) If the title to any part of the Software and/or Services supplied by Ideas We Share shall be vested in a third party, Ideas We Share shall permit or procure for the customer the right to use and apply such software and/or Services and the customer undertakes not to disclose or make available any part thereof to any other party without the prior written consent of Ideas We Share.
(c) If the customer shall do or allow to be done any act or thing which in the opinion of Ideas We Share may jeopardise Ideas We Share’s right in the Software and/or Services or any part thereof and in particular but without prejudice to the generality of the foregoing if the customer shall make or allow to be made authorised copies of the Software and/or Services or if the customer imparts or divulges the contents of the Software and/or Services without the prior written consent of Ideas We Share, then in each and every such case Ideas We Share may by notice in writing send to the customer a the customer’s registered office forthwith or at any time thereafter and for all purposes terminate the rights granted to the customer under this agreement and any licence hereby constituted, such termination to be without prejudice to the rights of the parties arising out of antecedent breaches and without prejudice to the customer’s remaining and continuing obligations under this agreement in relation to confidence and Ideas We Share’s property in the Software and/or Services.
(f) Up to 30 days from the date if acceptance by the customer of the Software Ideas We Share undertakes to rectify free of charge all faults and defects in the Software and/or Services of which the customer has notified them in writing. After the expiry of the said period of 30 days continuing maintenance will be offered by Ideas We Share either on a time and materials basis.
(g) The customer shall provide all information and documentation requested by Ideas We Share where Ideas We Share has contracted to design and write the Software. Such information and documentation shall be subject to the provisions of confidentiality herein contained treated confidentially. In the event that work is delayed or the extent of the work increased by delay or failure in providing such information or documentation Ideas We Share reserves the right to amend the price and at any time scale incorporated in this agreement to take account of any increased cost or time scales caused by such delay or failure.
(a) The Agreement is personal to the parties who shall not attempt or purport to assign it or grant rights to third parties under it.
(b) The Agreement is governed by French Law.
(c) The headings to these Terms and Conditions are included for convenience only and do not affect their interpretation.
Font use under license: Attribution-NoDerivs 3.0 Unported (CC BY-ND 3.0)
Not Just Groovy v1.00
by Zdenek Gromnica a.k.a. FutureMillennium