DeHavilland Public Affairs Briefing

Terms of Use as of 9th September 2005

1. General

· These Terms of Use (‘Terms’) govern all use of DeHavilland Public Affairs Briefing (the ‘Service’) by Subscribers and their nominated Users.

· The Service is owned and operated by us, DeHavilland Information Services, Greater London House, Hampstead Road, London, NW1 7EJ, tel 020 7391 3412, email info@dehavilland.co.uk; VAT number 731 238 61

· The right to use the Service is personal to each User nominated by a Subscriber, and may not be assigned or further delegated; Under no circumstances may the use of the Service be resold. No User may access the Service from outside the European Economic Area.

· Use of the Service by any other person, and use by any person beyond that expressly permitted by these Terms, is unauthorised and unlawful.

· We have the right to modify these Terms at any time.

2. Content

· Any information and analysis provided by the Service is given in good faith, and whilst we will use reasonable commercial endeavours to ensure the accuracy of such information and analysis, we make no warranties (express or implied) regarding their accuracy or completeness or fitness for any purpose, and we expressly exclude any liability in respect thereof (other than warranties not capable of exclusion).

· Information provided by the Service is intended for general reference only. Application of that information to any specific instance is a User’s sole responsibility.

· You must ensure that your use of the Service and of any information downloaded from the Service is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or which is in breach of these terms.

3. Intellectual Property Rights

· The copyright and database right in any material in and obtained from the Service ('Material') and all similar and database rights in Infostream, Infopool, BillTracker Peoplepoint, Mediapoint, Schedule and Glossary remain the property of DeHavilland or of the copyright owners (as the case may be). Under no circumstances will you have any claim to copyright or ownership of any intellectual property rights in any Material.

. Unless otherwise specified, each author of Material obtained from the Service has asserted his/her moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author thereof.

· The following terms apply to your use of the Material:

- You may view Material on screen

- A User may print up to 1000 pages of Material ('Printed Material') in each month, for that User’s own internal use

- You may not save Material on any electronic or magnetic media

- You may not remove, deface or obliterate any copyright or other proprietary notice printed on any Printed Material

- You may not further reproduce Printed Material, or distribute Printed Material outside the Subscriber’s business organisation

- Any proceeds from unauthorised reproduction or distribution (whether cash proceeds, or a cash amount equivalent to the value to you of any non-financial reward) shall be held by you on trust for us absolutely.

· Where Material contains extracts from Hansard and other material subject to Parliamentary copyright, the following additional terms apply:

- You are permitted to access the Parliamentary copyright material, and to print extracts for private research, study, or in-house use only

- You may not copy, distribute, sell or publish any of the Parliamentary copyright material obtained from the Service. Any other use of such Material requires the express formal permission of the Controller of Her Majesty's Stationery Office on behalf of Parliament.

· DeHavilland, including the DeHavilland ‘portcullis’ and other DeHavilland graphics are trademarks owned by DeHavilland.

4. Information stored by you

· The Service contains facilities by which a User can group information according to chosen categories, and functionality whereby Notes and Contacts of meetings and dealing with particular organisations and individuals can be stored by a User.

· Information stored by Users is maintained on a set internal server infrastructure, which is subject to a stringent security policy: DeHavilland undertakes not to view, cross reference, or access such data (other than for the preparation of technical statistics intended to aid the efficient management of the system) without the express written permission of the User, save where required to do so by some competent legal authority.

· In facilitating a User to store personal data, DeHavilland acts as a ‘data processor’ in facilitating information to be stored within its systems, and has a responsibility to ensure that it complies with the 7th data protection principle under the Data Protection Act 1998 (‘DPA’) in relation to security.

· Under the provisions of the DPA, persons storing personal data (including contact details and notes on living individuals) on the Service have their own responsibility to ensure that their organisation is registered under and complies with all the terms of the DPA.

5. External links

· Certain sections of the Service contain links to external web sites maintained and operated by third parties. These links are provided solely for the convenience of Subscribers, and the provision of such links does not imply any endorsement of or affiliation with such website by DeHavilland.

· You may not provide a link to any part of the DeHavilland website from any other site without first obtaining our prior written consent. You may not create any link to or use any portion of the DeHavilland website in any manner that may create confusion either about the identity of the DeHavilland website (or about DeHavilland as the source of origin of such portion of the DeHavilland website), or in any manner that may create a likelihood of confusion as to sponsorship of third party content by DeHavilland, or as to an affiliation with the Dehavilland website or with DeHavilland itself.

6. Liability

· We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Service, or from any misrepresentation, whether innocent or negligent, except to the extent that such liability may not be lawfully excluded.

· Notwithstanding the generality of the above, we expressly exclude liability for consequential loss or damage which may arise or for loss of profit, business, revenue, goodwill or anticipated savings.

· In the event that any exclusion or other provision contained in this Agreement be held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability shall be limited to sums paid for the use of the Service during the 12 months immediately preceding the accruing of the cause of action.

· We do not exclude liability for death or personal injury to the extent only that the same arises as a result of negligence for which we are liable.

7. Miscellaneous

· By using the Service you agree to be bound by these terms. These terms supersede all prior agreements and (taken together with the Subscription Agreement and Data Protection and Privacy Policy) are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of our liability, and you may not rely on any such information. Except as otherwise provided, no addition, amendment or modification of these Terms shall be effective, unless in writing and signed or accepted by us.

· These Terms are governed by the laws of England and any questions arising shall be dealt with only by the English courts.

DeHavilland Information Services

Data Protection and Privacy Policy

(1) DeHavilland as Data Controller

DeHavilland Information Services plc ('DeHavilland') processes (obtains, records, holds, carries out operations on) data relating to living individuals, and in determining the manner in which that data is processed, acts as a data controller. DeHavilland is thus registered under the Data Protection Act 1998 ('DPA') (Registration Number: X3947109).

Under the changes to the DPA that took place on 1st March 2000, DeHavilland Information Services is not required to register under the Act for its processing of data in relation to internal staff administration, the processing of structured manual records, processing for the purpose of accounts and records, and for the company's own advertising, marketing and public relations activities.

However under the 1998 Act, the company has a requirement to notify in regard to its activities in relation to data processing within its relevant information service products ('Public Affairs Briefing') in the following four areas:

(i) Consultancy and advisory services

Giving advice or rendering professional services. The provision of services of an advisory, consultancy or intermediary nature.

(ii) Information and databank administration

Maintenance of information or databanks as a reference tool or general resource. This includes catalogues, lists, directories and bibliographic databases.

(iii) Journalism and media

Processing by the data controller of any journalistic, literary or artistic material made or intended to be made available to the public or any section of the public.

(iv) Research

Research in any field, including market, health, lifestyle, scientific or technical research.

Operating as a data controller, DeHavilland Information Services strives to comply with the 8 data protection principles:

1. Fairly and Lawfully Processed

· Parliamentary and European material is supplied to DeHavilland under licence from the licensing authorities.

· DeHavilland's news material is collated and produced according to the Company's own 'Fair Dealing' policy. Reasonable care is taken to ensure that all stories are verified and checked for accuracy.

· Biographies and company profiles are sourced directly from survey forms and publicly available material on those concerned. Each profile and biography is checked with the individual or organisation concerned for accuracy.

2. Processed for limited purposes

· All data contained on DeHavilland is maintained for the specific purpose of providing a news and information service. Material is not used for any other purpose.

3. Adequate, relevant, and not excessive

· Data contained is only used for the specific purposes of the company's news and information services, whether that be in covering a particular story, detailing particular up and coming events, or providing general background reference information on a particular organisation or individual.

4. Accurate

· Checks are made on all data contained by DeHavilland. Reasonable care is taken to ensure that journalistic stories are verified, biographies and company profiles are checked with the subject, and all items are subject to an in-house quality control procedure.

5. Not Kept for longer than necessary

· News and data is contained in DeHavilland's archive sections for so long as the item or profile may reasonably be considered to have a bearing on current events. Given the long run nature of many political issues, DeHavilland reserve the right to maintain archived data for a 50 year period.

6. Processed in accordance with the data subjects rights

· DeHavilland will facilitate the easy supply of information to a data subject, pursuing an access request under Section 7 of the Act.

· DeHavilland will comply with notices given under the provisions of the DPA.

7. Secure

· DeHavilland takes security seriously, and follows a strict 'Security Policy' to ensure that the personal data that it both contains and processes is secure.

· DeHavilland is particularly conscious of its obligations under the DPA in regard to its obligations as a data processor, processing data on behalf of a data controller (another organisation).

· As a data processor, DeHavilland will only process that data, upon explicit written instructions from the data controller.

8. Transferred outside the EEA

· DeHavilland does not knowingly transfer data outside the European Economic Area without adequate protection.

· The company does not market any of its respective products outside the European Union.

(2) DeHavilland as Data Processor in relation to information stored by Users

DeHavilland Information Services through its Public Affairs Briefing product contains facilities by which customers and users can group individuals, whether they be press contacts, political figures, or commercial figures according to their own chosen categories.

Additionally, Public Affairs Briefing, also contains the functionality whereby Notes and Contacts of meetings and dealings with particular organisations and individuals can also be stored by users on DeHavilland. Users are thus able to use DeHavilland as a contact management package.

In these regard, DeHavilland acts as a 'data processor' in facilitating information to be stored within its systems. As a data 'processor' (any person – other than an employee of the data controller – who processes data on behalf of the data controller), there is no requirement for DeHavilland to register under the DPA for the storage of user contacts and notes data.

However as a data processor, DeHavilland Information Services has a responsibility to ensure that it adheres to the 8 principles of the DPA, with particular regard to security. DeHavilland has the policies detailed in Section (1) in place to ensure that it adheres to the principles of the Act. DeHavilland will not use data uploaded by a user, other than by storing it and permitting its retrieval by that user.

Under the provisions of the DPA, those organisations storing contact details and notes on individuals (any living being), whether on their own computer systems or on the DeHavilland service, have their own responsibilities to ensure that their organisation is registered under the DPA and comply with its provisions.

Those users storing data on DeHavilland's respective products are acting as 'data controllers' under the provisions of the DPA. The users are determining the purpose for which, and the manner in which, any personal data is processed, and it is incumbent on users to ensure that in their own 'processing of the data' they are complying with data protection principles and with the requirements of the DPA.

Customers and users of DeHavilland using DeHavilland to store data and information are the legal owners of the data they upload. At any time, users can print or electronically download or delete the totality of the material they have stored within DeHavilland.

(3) DeHavilland in relation to information obtained from or about Users

1 Introduction

DeHavilland is strongly committed to protecting users' privacy, and this section sets out our policy on the use of personal data relating to users which has been collected in relation to their access to and use of the Service.

2 What information will DeHavilland collect about users?

a. DeHavilland reserves the right to access and to disclose personal information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect either itself or its users.

b. DeHavilland also collects statistical information about the areas of the system that its users are visiting, and general "traffic" data.

3 How information is used

DeHavilland uses personal information in order to process and validate user subscriptions, to deliver you with the appropriate service, to assess and improve its services, and to invoice and collect payment from users.

4 Who sees personal information about users?

a. DeHavilland does not disclose personal data relating to users which has been collected in relation to their access to and use of the Service to third parties, other than where it is required by law to do so.

b. Subject hereto, DeHavilland does not disclose personal data relating to users which has been collected in relation to their access to and use of the Service to third parties, other than where it is required by law to do so.

5 Transfer outside the EEA

Personal data relating to users which has been collected in relation to their access to and use of the Service will not be transferred outside the Economic European Area ("EEA") by DeHavilland, and access to it from outside the EEA will not be permitted by DeHavilland.

6 Cookies

a. A "cookie" is a small amount of data that is sent to a user's browser from a web server and stored on a user's computer, used to store and track information about the user. Generally, DeHavilland uses cookies to assist with the log in process and for user verification.

b. Generally, DeHavilland uses cookies to remind DeHavilland who the user is and to access subscriber information (stored on DeHavilland’s computers) in order to deliver a better and more personalised service.

7 IP addresses

DeHavilland uses IP addresses to collect statistical information about the areas of the system that users are visiting, and general "traffic" data. Such information does not relate to the use being made of the system by a particular user in relation to identifiable items being viewed. This information allows DeHavilland to determine what is most beneficial for its users, and facilitates continually improving the overall site for users.

8 Updating information

DeHavilland allows users the option to change or modify information previously provided. This may be done through the following methods:

(1) e-mail the information to updates@dehavilland.co.uk ; or

(2) visit www.dehavilland.co.uk , and follow the on-screen instructions.

9 Deactivation

a. Upon your request, we will deactivate your information from our active databases. To make this request, send an email to deactivate@dehavilland.co.uk . Such information will be deactivated as soon as reasonably possible in accordance with DeHavilland’s deactivation policy and applicable law.

b. DeHavilland will retain in its files some personal information you may have requested to remove, solely in order to keep an archival set of records and to comply with legal requirements as required or permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from DeHavilland’s databases in response to your requests. However, such personal information will only be available to select DeHavilland personnel.

c. Deactivation will not operate so as to terminate a Subscriber’s Agreement.

10 Opt Out

You may opt-out of receiving communications from DeHavilland, by the following means:

(1) e-mail the information to optout@dehavilland.co.uk ; or

(2) visit www.dehavilland.co.uk , and follow the on-screen instructions.

11 Contacting DeHavilland Information Services

If you have any questions, concerns or comments regarding DeHavilland Information Services or the DeHavilland Service, please contact us:

Email: alastair.cook@emap.com

Phone: 020 7391 3412

By post: Greater London House, Hampstead Road, London, NW1 7EJ

This Data Protection and Privacy Policy may be updated from time to time.

Last Updated: 23^rd April 2008