Terms & conditions
These terms and conditions apply to orders placed after 1:12 on 28th October 2020.
Summary
This is a summary of our terms and conditions and is for guidance only. Our contract with you is set out on the full terms and conditions below.
| 1 | Definitions | This section lists all of the words and terms that have specific meanings given to them in our terms and conditions. |
| 2 | Entering into a contract | This section describes when the contract between you and us will be entered into and what will form the contract.
When: once we have accepted your Order for our delivery services. What: your Order and these terms and conditions |
| 3 | Your responsibilities | This section sets out what you must, and must not, do to allow us to perform the Services. Your key responsibilities are:
Not to send anything that: – we list as not accepted for carriage; or – is illegal; or – is too large; or – is too heavy; To ensure that Parcels are properly packed and labelled; To pay the correct amount (so make sure you know the correct weight of the Parcel); and Not to operate more than one H-FAM or Fam Gear account. We may charge you certain administration fees and any Additional Expenses that we may incur if under condition 5.3 you do not meet your responsibilities. |
| 4 | Our performance of the services | This section sets out when the Services begin and end.
We will make 3 attempts to deliver any Parcel and may destroy any Parcel if you do not tell us what to do with it after 3 failed attempts. |
| 5 | Charges | You have to pay our charges, any reasonable administration fees due and repay us any duty/taxes or other unusual expenses that we incur in delivering your Parcel and we may destroy your Parcel if you don’t.
We may charge you an administration fee of £25 and any Additional Expenses that we may incur if you breach any of our terms and conditions, this will be in addition to any other rights that we may have. |
| 6 | Our liability to you | Whilst there are things that we will always be liable to you for under law, we will only be liable for loss or damage to Goods or for late delivery if we have been negligent.
In any case, our liability will be limited to the amounts set out in condition 7. We will not pay any compensation when: – you have sent Prohibited Item; or – there are inherent defects in the Goods; or – you have inadequately packed or labelled the Goods; or – you have been dishonest; or – data on electrical or electronic equipment including storage media. |
| 7 | Limits to our liability | If you do not take out our Full Cover for a Parcel that is not a Postage Refund Only Product, we will only be liable to pay the lesser of £20 of the cost or repair if we damage your Parcel or the value of the lost or damaged Parcel and we will refund your Charges.
If you take out our Full Cover, then our liability will be limited to the lesser of the amount of Cover you purchased (up to the maximum level of £300) or the cost of repair/replacement if we damage or lose your Parcel and we will refund your Charges. Where you submit an Order for a Parcel that is a Postage Refund Only Product, Fam Gear liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postage Refund Only Product. |
| 8 | How to make claims for compensation | If you believe that we have damaged your Goods then you must:
– notify us within 28 days from the date of the relevant Order; and – complete the Claim Form that we provide. We may ask you to provide evidence to back up your claim for compensation.
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| 9 | Your indemnity | You will reimburse us on a pound for pound basis for any money that we have to pay out because:
– you breach the terms of a Contract; or – we incur Additional Expenses; or – you do not pay the correct VAT in connection with the Goods. |
| 10 | Our Rights Extend to Protect our Employees and Agents |
These terms and conditions protect Fam Gear and its employees and agents and we can enforce these terms and conditions on their behalf. |
| 11 | Our Right to Hold onto Your Parcels and Goods if you Owe us Money | When you owe us money we are entitled to hold on to your Parcel/Goods and ultimately sell them to recover what is owed to us or destroy them. |
| 12 | Unreasonable Detention | You will be responsible for any costs we incur if you take or keep anything that belongs to us or our Agents. |
| 13 | Proof of Delivery | We will have proved that we made a Delivery if we have:
– the Recipient’s signature; or – a neighbour’s signature; or – a drop card number if the Parcel has been left in a Safe Place; or – a Safe Place Photo; or – data is available of the Geolocation. |
| 14 | Our right to terminate |
We can terminate a Contract and your Account if you breach any of these conditions, or we suspect you of fraud, or you become insolvent provided that we do not owe you anything at the time under the Contract in question. |
| 15 | Events outside of our Control | We will not be responsible if it is your fault or results from something that we cannot control. |
| 16 | General | This section deals with general matters such as our Privacy Policy and when any notices under a Contract have been delivered. |
| 17 | Information about us | This section provides you with our full company name and contact information. |
| 18 | Information about you | We will comply with and process all of Your Data in accordance with applicable Data Protection Legislation. |
Full terms & conditions
H-FAMent. and H-FAM GEAR are trading names of H-FAMent (“we” “us” “our”)
We accept certain goods for carriage from our customers (“you”, “your”) subject to these terms and conditions (“Conditions”)
PLEASE NOTE THAT WE DO NOT ACCEPT THE FOLLOWING TYPES OF GOODS FOR CARRIAGE
| 1.1 | In these Conditions the following words have the following meanings: |
| 1.1.1 | “Account” means a H-FAMent account. |
| 1.1.2 | “Additional Expenses” means any duty and/or taxes and/or levy, specialist delivery costs or any other unusual expenses that we pay on your behalf. |
| 1.1.3 | “Address” means the address stated in your Order that we will try to deliver the Parcel to. |
| 1.1.4 | “Agent” means a person who acts on another person’s behalf. |
| 1.1.5 | “App” means the mobile phone programe through which Video Messages can be recorded and received. |
| 1.1.6 | “Charges” means the charges that you must pay for the Services. |
| 1.1.7 | “Claim Form” means our standard claim form. |
| 1.1.8 | “Data Protection Legislation” means all laws regulations and codes of practice applicable to the Processing of Personal Data pursuant to the Agreement including the GDPR. |
| 1.1.9 | “Delivered” means delivered to the Recipient at the Address or left with a Neighbour or left in a Safe Place. |
| 1.1.10 | “Delivery Estimate” means our estimate of the time within which we will first attempt to deliver your Parcel, which we will give to you when you place your Order. |
| 1.1.11 | “Delivery Point” means where the Parcel was Delivered. |
| 1.1.12 | “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time. |
| 1.1.13 | “Full Cover” means optional enhanced compensation that you may, for a fee, take out when you submit an Order. |
| 1.1.14 | “Geolocation” means the virtual perimeter of the boundary of the Address that we will try to deliver the Parcel to. |
| 1.1.15 | “Goods” means any goods contained within a Parcel. |
| 1.1.16 | “H-FAMent Play” means the additional service that can be purchased when you purchase parcel delivery services via the H-FAMent website which allows you to record a Video Message and for any such Video Message to be replayed by the Recipient of the Parcel via the App. |
| 1.1.17 | “HHT signature” means a signature on a hand held terminal. |
| 1.1.18 | “Inadequately Packaged” means not packed or labelled in accordance with our packaging instructions. |
| 1.1.19 | “Late Delivery” means when we fail to meet our Delivery Estimate by two days or more. |
| 1.1.20 | “Loss or Damage” means loss of or damage to a Parcel or Goods. |
| 1.1.21 | “Multiple Accounts”; means any Accounts that you operate in contravention of condition 3.5.2. |
| 1.1.22 | “Neighbour” means a neighbour of the Address. |
| 1.1.23 | “Non-Compensation Items” means Goods that we do not accept for carriage. but are sent at your own risk and in respect of which we do not accept any liability for Loss, Damage or Late Delivery. |
| 1.1.24 | “Order” means your order for the Services. |
| 1.1.25 | “Parcel” means any package excluding letters (and the Goods contained within it) that you give to us and we carry for you as part of our performance of the Services. |
| 1.1.26 | “Parcels that we do not accept for carriage” means any Parcels weighing more than 15kg or which are bigger than the maximum size or volume we accept at the time that you place your Order. |
| 1.1.27 | “Personal Data” and “Process” or “Processing” or “Processed” is defined in the applicable Data Protection Legislation. |
| 1.1.28 | “Postage Refund Only Product” means a Parcel that is postable and weighs between 0 – 1kg and which contains goods of no intrinsic value or goods for which you cannot prove the value of those goods. |
| 1.1.29 | “Prohibited Items” means Goods that we do not accept for carriage. |
| 1.1.30 | “Recipient” means the person the Parcel is addressed to or any other person who accepts the Parcel on the Recipient’s behalf at the Address. |
| 1.1.31 | “Record” means the creation, upload and submission of a Video Message. |
| 1.1.32 | “Safe Place” means a location which is not an exposed doorstep or otherwise in public view. |
| 1.1.33 | “Safe Place Photo” means a photo of the Safe Place where the Parcel has been left. |
| 1.1.34 | “Services” means our carriage of a Parcel to the Address on your behalf. |
| 1.1.35 | “Video Message” means up to thirty (30) seconds pre-recorded message from you to the Recipient of the Parcel which is imbedded into the Parcel information. |
| 1.1.36 | “Your Data” means Personal Data provided to Us by you in connection with the Contract. |
| 1.1.37 | “Your Return Address” means the address that you give us when you make your Order in case we need to return a Parcel to you. |
| 2.1 | Your Order, payment of the Charges and acceptance of these Conditions is an offer by you to purchase the Services from us. |
| 2.2 | We will not have accepted your offer to purchase the Services until we have started to perform them, at which point a non-cancellable contract to provide the Services will be formed on the terms of your Order and these Conditions (a “Contract”). |
| 3.1 | You must not supply to us any: |
| 3.1.1 | Prohibited Items; or |
| 3.1.2 | Parcels that we do not accept for carriage; or |
| 3.1.3 | Goods which are illegal, the carriage of which is illegal, or the supply of which to the Recipient is illegal. |
| 3.2 | It is your obligation to ensure that any Parcel that you supply to us is not a Parcel that we do not accept for carriage by weighing it, measuring its dimensions using the guide on our parcel size page. |
| 3.3 | It is your responsibility to ensure that you have paid the appropriate Charges for any Parcels that you supply to us. |
| 3.4 | You must ensure that: |
| 3.4.1 | any Goods that you supply to us are properly packed and labelled in accordance with our packing instructions and any other instructions that we may provide to you before you submit your Order. |
| 3.4.2 | the description of the Goods that you provide to us when you submit your Order is accurate. |
| 3.5 | You must not: |
| 3.5.1 | abuse any of our staff, subcontractors or agents; or |
| 3.5.2 | operate more than one Account; |
| 3.6 | If you operate Multiple Accounts in contravention of these Conditions then without limiting any other rights or remedies that we may have you must pay to us on an indemnity basis an amount equivalent to any financial benefit you have gained from operating such Multiple Accounts. |
| 4.1 | We will not start our performance of the Services until you have provided the Parcel to us or we have collected the Parcel from you. |
| 4.2 | We may transport the Parcel to the Address by any means. |
| 4.3 | If we are unable to deliver the Parcel to the Address then we will make two subsequent attempts to deliver the Parcel to the Address (“Further Attempts”). |
| 4.4 | If following the Further Attempts we are still unable to deliver the Parcel to the Address, we will contact you for further instructions. We reserve the right to require payment of further Charges should you request that the Parcel is returned to you or that we make a further delivery. If we cannot contact you or you do not respond to our correspondence then we may dispose of the Goods or destroy them. Before we do this we will hold the Goods at your sole risk. |
| 4.5 | We will have finished our performance of the Services when we have delivered the Parcel to the Address or when we have made the Further Attempts, whichever is the earlier. |
| 5.1 | You agree to pay the correct Charges before you submit your Order. |
| 5.2 | If when we perform the Services we have to pay any Additional Expenses then as soon as we notify you of these Additional Expenses you must repay them to us. |
| 5.3 | If you breach any of these Conditions (including without limitation the Parcel dimension and/or weight requirements) then we may charge you reasonable administration fees up to £25 (“Administration Fees”). Imposing Administration Fees does not limit or restrict any other rights or remedies that we may have against you. The Administration Fees are a reasonable estimate of the losses that we may suffer if you breach any of these Conditions and the parties agree that the Administration Fees are not penalties. |
| 5.4 | Until you have paid the Additional Expenses and Administration Fees to us, we can retain possession of your Parcel and your Goods. If you fail to repay the Additional Expenses and/ or Administration Fees to us within 7 days of our request for you to do so, we may dispose of or destroy the Goods. |
| 5.5 | If you breach the Parcel dimension and/or weight requirements and we deliver the Parcel we may impose Administration Fees for arranging for the specialist delivery of the Parcel and up to £20 as Additional Expenses for the cost of delivery of the Parcel. |
| 5.6 | We may increase our Charges and/ or our charges for other services. |
| 6.1 | We do not accept liability for Loss or Damage or Late Delivery where: |
| i | the Parcel involved is a Parcel that we do not accept for carriage |
| ii | the Goods or Parcels involved are Prohibited Items; and/or |
| iii | the Goods or Parcels involved are Non-Compensation Items. |
| 6.2 | For any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in condition 7 below (“Compensation”). |
| 6.3 | The Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery. |
| 6.4 | We will not be liable to you nor pay you any Compensation for Loss or Damage that is caused by: |
| 6.4.1 | any latent or inherent defect in or natural deterioration of the Goods; |
| 6.4.2 | our failure to honour “package orientation” graphics (e.g. “UP” arrows, or “THIS END UP” markings); |
| 6.4.3 | a Parcel being Inadequately Packaged, incorrectly addressed or accompanied by incomplete dispatch or customs documentation; |
| 6.4.4 | any kind of fraudulence or dishonesty, including where someone misrepresents his authority to receive a Parcel on the Recipient’s or your behalf; or |
| 6.4.5 | your failure to pay the correct Charges |
| 6.5 | As we cannot test whether any electrical or electronic equipment that you provide to us in a Parcel is functioning properly before we deliver it for you, we do not accept any liability for: |
| 6.5.1 | any damage to electrical or electronic equipment; or |
| 6.5.2 | any loss of or damage to data on electrical or electronic equipment. |
| 6.6 | We will not be liable to you nor pay you any Compensation for Late Delivery which is caused by: |
| 6.6.1 | a Parcel being Inadequately Packaged, incorrectly addressed or accompanied by incomplete dispatch or customs documentation; |
| 6.6.2 | your failure to pay any duties and taxes; or |
| 6.6.3 | customs or other regulatory agencies. |
| 6.7 | We will also not be liable to you nor pay you any Compensation for Loss or Damage or Late Delivery if you have breached any of your responsibilities to us. |
| 6.8 | We provide a tracking facility to allow you to monitor our performance of the Services at Parcel Tracking. This facility is not part of the Contract and we are under no obligation to provide it. We provide no warranties as to the accuracy of the tracking facility and it is provided on an “as is” basis and for indicative purposes only. |
| 6.9 | Nothing in these Conditions affects your statutory rights nor limits or excludes our liability for: |
| 6.9.1 | death or personal injury resulting from our negligence; |
| 6.9.2 | any damage or liability that you incur as a result of our fraud or fraudulent misrepresentation; or |
| 6.9.3 | any liability that you incur as a result of our breach of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982. |
| 7.1 | Subject to clause 7.5, unless you have taken out our Full Cover, the following limits apply to our liability to you under a Contract: |
| 7.2 | Subject to clause 7.5, our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: |
| 7.2.1 | £20; or |
| 7.2.2 | the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges. |
| 7.3 | Subject to clause 7.5, our liability for Late Delivery is limited to refunding the Charges. |
| 7.4 | Subject to clause 7.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of: |
| 7.4.1 | The amount of Cover you purchased (up to the maximum level of £300); or |
| 7.4.2 | the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your charges. |
| 7.5 | Where you submit an Order for a Postage Refund Only Product, Fam Gear liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postage Refund Only Product. |
| 7.6 | Under no circumstances will our liability to you for loss or damage to goods exceed £300. |
| 7.7 | IT IS YOUR RESPONSIBILITY NOT TO SEND ANY PARCEL THAT IS WORTH MORE THAN THE MAXIMUM LIMIT OF LIABILITY (SET OUT IN CONDITION 7.6 ABOVE) AND TO CHOOSE THE CORRECT LEVEL OF COVER TO MATCH THE TOTAL VALUE OF YOUR ITEMS. SHOULD YOU FAIL TO DO SO YOU WILL BE DEEMED AS PREFERRING TO AVOID THE PAYMENT OF APPROPRIATE CHARGES AND ACCEPT THE RISK THAT YOU MAY NOT RECEIVE THE FULL VALUE OF YOUR CONSIGNMENT IN THE EVENT THAT YOUR PARCEL IS LOST OR DAMAGED. |
| 8.1 | You must notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit. |
| 8.2 | When we receive your claim for Compensation, we may require you to back up your claim by providing us with any relevant information about the relevant Parcel and or Goods including without limitation: |
| 8.2.1 | proof of the Parcel’s dispatch; |
| 8.2.2 | estimates for the repair of the Goods; |
| 8.2.3 | proof of the value of the Goods; |
| 8.2.4 | the cost price of the Goods and related proof including receipts; and |
| 8.2.5 | details of the weight, size, volume and nature of the Goods. |
| 8.3 | In the case of alleged Damage, you must ensure that the Parcel, its packaging and the Goods are held for inspection at the Delivery Point. |
| 8.4 | We may make any investigations that we think are necessary to check out any claim. |
| 8.5 | Any claim for Compensation must be made on a properly completed Claim Form. You must send this Claim Form to us so that we receive it within 14 days of the date that we provided it to you. |
| 9.1 | You agree to indemnify us and keep us indemnified against any and all losses, damages, costs and expenses that we incur arising out of or in connection with: |
| 9.1.1 | your breach of a Contract; |
| 9.1.2 | any Additional Expenses; and |
| 9.1.3 | any liability that we incur under Section 30(10) of the VAT Act 1994. |
| 10 | You agree to indemnify us and keep us indemnified against any and all losses, damages, costs and expenses that we incur arising out of or in connection with: |
| 11.1 | If you owe us money we will be entitled to hold onto your Parcel and Goods until you have paid us. |
| 11.2 | If you still owe us any money more than 28 days from the date that we let you know that you owed us, we may: |
| 11.2.1 | sell your Goods and deduct from the amount that we receive in payment for them the amount that you owe us and the costs of the sale, after which we will let you have any balance remaining; or |
| 11.2.2 | destroy your Goods, and if we sell your Goods or destroy them your debt to us will be discharged. |
| If for any reason you detain anything that belongs to us (or to our Agents) then you will be responsible for any costs that we incur as a result, but this shall not affect our rights to claim against any other person. |
| 13.1 | You accept that the following records will be proof that a Parcel has been Delivered: |
| 13.1.1 | the Recipient’s signature (including HHT signature) for the Parcel if the Parcel has been Delivered to the Address; |
| 13.1.2 | a Neighbour’s signature (including HHT signature) for the Parcel if the Parcel has been Delivered to a Neighbour; or |
| 13.1.3 | a Safe Place Photo; or |
| 13.1.4 | a drop card for the Parcel if the Parcel has been left in a Safe Place. |
| 14.1 | We may terminate a Contract and your Account as soon as we give notice to you and not owe you anything if: |
| 14.1.1 | you breach any of these Conditions or the conditions of a Contract; |
| 14.1.2 | we suspect you of fraud; or |
| 14.1.3 | you are or become involved in any kind of insolvency proceedings whatsoever. |
| We will not be in breach of our obligations to you under a Contract or liable for any Loss or Damage or Late Delivery or anything else, if it is your fault, or results from something outside of our control, including (but not limited to), bad weather, traffic congestion, mechanical breakdown, obstruction of public or private highways, or industrial action, or the failure of our Agents. |
| 16.1 | We are not a common carrier and we will only provide the Services on these Conditions. |
| 16.2 | When you submit your Order you provide your personal information to us. The way we process this personal information is set out in our Privacy Policy. By providing this information to us you confirm that you are happy for us to process your personal information in this way. |
| 16.3 | If you are not the owner of some or all of the Goods, you will be deemed to be the Agent of the owner of those Goods. |
| 16.4 | We may subcontract the obligations that we owe to you. Our subcontractor will also be entitled to subcontract its obligations. |
| 16.5 | We agree that any notice under a Contract must be made in writing. We will assume it has been received two days after the date it was posted. We will also assume that any notice given by fax or electronically shall be deemed to have been received at the beginning of the next working day, so long as a confirmation of sending receipt is received. Notices sent to you will be sent to the address that you give us when you place your Order. Notices to us must be sent for the attention of the Company Secretary to Hermes, Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH. |
| 16.6 | A Contract does not create any partnership or joint venture between us and you have no right to contract in our name of or make any promises on our behalf. |
| 16.7 | If at any time we have a claim against you and do not pursue that claim quickly, that does not mean the claim cannot be pursued when we are ready. |
| 16.8 | If a court says that part of a Contract is not enforceable in law that does not mean the rest of it is not. |
| 16.9 | When you place an Order and we accept it, neither of us has relied on anything the other has said or done, i.e. the Contract says it all. |
| 16.10 | If things go wrong and there is a dispute, English law will apply and the English Courts will have non-exclusive jurisdiction over the dispute. |
| 16.11 | Unless we agree in writing you cannot transfer your rights under a Contract to someone else. |
| 16.12 | When these Conditions refer to a piece of legislation, they refer to the latest version of it in force. |
| 16.13 | A Contract cannot be varied without our written consent. Our subcontractors and Agents are not entitled to vary a Contract. |
| 16.14 | Subject to clause 16.15, by purchasing our Services you give us express consent to take Safe Place Photos and all rights in which will be owned by us. You also agree that any such Safe Place Photos may be used by us to prove that we made delivery to you. For the avoidance of doubt our Safe Place Photos will not feature images of identifiable people. |
| 16.15 | We (or a subcontractor appointed by Hfam) may obtain photographs of the person(s) receiving and sending Parcels at any parcel locker (or other Parcel collection and/or drop off location). The photographs may be used as evidence (in the event of a claim or dispute) that a Parcel was received (or sent) and/or to determine the condition of a Parcel when it was received (or sent). |
| 16.16 | If you have purchased Fam Gear then Fam Gear Terms of Use shall apply and be incorporated into these Terms and Conditions: |
| 17.1 | H-FAMent and H-FAM GEAR are trading names of H-FAMent a company registered in USA. |
| 17.2 | To contact us please Email us at multimediaglobalinnovation@gmail.com |
| Processing – [Art 28, GDPR] | |
| 18.1 | We are a data processor acting on your behalf and shall use Your Data in accordance with the provisions of this Contract and Your documented instructions and only where necessary to provide the Services and any improvements thereto including means of communicating with you for the purpose of effecting a successful delivery or collection and confirming the level of satisfaction you have with the Services (“the Purpose”). |
| 18.2 | The subject matter and duration of the Processing of Your Data is set out in this Contract and the context and purpose for the Processing of Your Data is the Purpose. |
| 18.3 | You are the data subject. Your Data that we may Process is your name, addresses, email addresses, telephone numbers and associated information required for the Purpose. |
| 18.4 | We shall comply with and Process all of Your Data in accordance with applicable Data Protection Legislation. |
| 18.5 | We shall procure that our personnel and our sub-contractors are obligated to maintain the security and confidentiality of Your Data. |
| 18.6 | We shall at your option, delete (unless required to retain by GDPR) or return all copies of Your Data and cease Processing Your Data after the business purposes for which Your Data was Processed have been fulfilled, or earlier upon your written request. |
| Disclosure | |
| 18.7 | We will not disclose Your Data outside of Us except: (i) as you direct (including as permitted under this Contract); or (ii) as required by Applicable Laws. |
| Security – [Arts 28 and 32 GDPR] | |
| 18.8 | We have implemented and will maintain throughout the term of this Contract appropriate technical and organizational measures, internal controls and information security routines intended to protect your Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction. These shall at all times be of at least the minimum standard required by Data Protection Legislation and be of a standard no less than the standards compliant with good industry practice for the protection of Personal Data to ensure a level of security for your Data appropriate to the risk |
| Notification And Incidents – [Arts 33 and 32] | |
| 18.9 | If we become aware of or reasonably suspects that any unauthorised access use or disclosure of your Data has occurred, we will without undue delay notify you of such incident. |
| Subcontractors – [ART 28, GDPR] | |
| 18.10 | You acknowledge and consent to us permitting sub-contractors to Process your Data strictly subject to the terms of this Contract. |
| 18.11 | You acknowledge that we have and may enter into agreements with sub-contractors to provide information technology services, back office customer support, software support and development services, analytics services and related support services to Us and this will involve the transfer of your Data outside of the European Economic area. You agree to such processing of your Data in accordance with paragraphs 18.12 and 18.13. |
| Transfer Of Data | |
| 18.12 | Save as set out herein, or as You may otherwise authorise, We will not transfer to any third party Your Data. |
| 18.13 | To the extent that any Processing of Your Data by Us (or sub-contractor) pursuant to this Contract may involve the transfer of such of Your Data out of the country in which it is held, we (or any sub-contractor) shall only transfer your Data where the measures required under Data Protection Legislation are in place and remain valid. |
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