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9th September 2005
?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 (`DeHavilland?, Greater London House,
Hampstead Road, London, NW1 7EJ, tel 020 7728 4451, email email@example.com;
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.
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).
by the Service is intended for general reference only. Application of that information
to any specific instance is a User 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
?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
- A User may print
up to 1000 pages of Material ('Printed Material') in each month, for that User
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
- You may not further
reproduce Printed Material, or distribute Printed Material outside the Subscriber
- 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.
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.
the DeHavilland sortcullis?and other DeHavilland graphics are trademarks owned
4. Information stored
?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.
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.
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 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
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.
?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
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
?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.
?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.
as Data Controller
Services (`DeHavilland?, part of Emap Limited, 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
Giving advice or
rendering professional services. The provision of services of an advisory, consultancy
or intermediary nature.
and databank administration
Maintenance of information
or databanks as a reference tool or general resource. This includes catalogues,
lists, directories and bibliographic databases.
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.
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
1. Fairly and
European material is supplied to DeHavilland under licence from the licensing authorities.
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
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
?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
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
?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
facilitate the easy supply of information to a data subject, pursuing an access
request under Section 7 of the Act.
comply with notices given under the provisions of the DPA.
security seriously, and follows a strict 'Security Policy' to ensure that the personal
data that it both contains and processes is secure.
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.
outside the EEA
not knowingly transfer data outside the European Economic Area without adequate
?The company does
not market any of its respective products outside the European Union.
as Data Processor in relation to information stored by Users
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.
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
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.
in relation to information obtained from or about Users
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
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
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.
When you visit an Emap website(s), Emap uses “cookie” technology try to make that experience simple, personalised and meaningful. Cookies are small pieces of information which are issued to your computer or any similar device you use to access the internet e.g. smart phone, tablet or other mobile device when you visit a website and which store and sometimes track information about you’re use of the website. A number of cookies Emap use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the website and will last for longer.
• create a specific log-in session for a visitor to an Emap website in order that page requests by that visitor are delivered in an effective, secure and consistent manner;
• recognise when a visitor to an Emap website has visited before; this means we can identify the number of unique visitors we receive to the website and allows us to make sure we have enough capacity for the number of users that we get;
• customise elements of the promotional layout and/or content of the pages of
• store your product selections to the shopping basket;
• collect statistical information about how our visitors use the website(s) so that we can improve the website(s) and learn which parts are most popular to visitors; and
• Gather information through our advertising partners, about the pages on the Emap website(s) that you visit, and also other information about other websites that you visit, so as to place you in a “interest segment”. This information is collected, in an anonymous form but may include information such as about the county and city you are in, together with the name of your internet service provider. This information is then used to serve interest-based advertisements which it is believed will be targeted to your interests. For more information about this type of interest based advertising, and about how to turn this feature off please visit www.youronlinechoices.co.uk or follow the link to the website of our advertising partners shown below. Without these cookies, advertisements you encounter will be less relevant to you and to your interests.
Some of the cookies used by Emap websites are set by us, and some are set by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on an Emap website(s) you may not be able to take full advantage of the website(s) if you do so.
a) Our cookies
We have described the main cookies we use and what we use these for below:
b) Third party cookies
Certain cookies are either set by third parties on the Website or these are set by us using the third parties cookie code. More information about cookies placed by third parties and how to restrict or block their cookies can be accessed by following the link to their website.
In addition to cookies, tracking gifs may be set by us or third parties in respect of your use of the Site. Tracking gifs are small image files within the content of our site or the body of our newsletters so we or third parties can understand which parts of the website are visited or whether particular content is of interest.
7 IP addresses
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
users the option to change or modify information previously provided. This may be
done through the following methods:
(1) e-mail the information
to firstname.lastname@example.org ; or
(2) visit www.dehavilland.co.uk
, and follow the on-screen instructions.
a. Upon your request,
we will deactivate your information from our active databases. To make this request,
send an email to email@example.com . Such information will be deactivated
as soon as reasonably possible in accordance with DeHavilland 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 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 Agreement.
10 Opt Out
You may opt-out of
receiving communications from DeHavilland, by the following means:
(1) e-mail the information
to firstname.lastname@example.org ; or
DeHavilland Information Services
If you have any questions,
concerns or comments regarding DeHavilland Information Services or the DeHavilland
Service, please contact us:
Phone: 0203 033 3870
By post: DeHavilland, 4C Group Ltd, 10 Greycoat Place,London,SW1P 1SB
This Data Protection
3rd April 2012