GSE StudioWeb

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GDPR - Data Processing Agreement

This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between GSE StudioWeb  (“GSE”) and you (“Customer”).  The DPA will be effective and replace any previously applicable data processing and security terms as from 20th Oct 2022 and will continue for as long as GSE provides the services as set out in GSE StudioWeb Terms & Conditions.

Definitions

“Customer Data” means data provided by or on behalf of Customer or Customer End Users via the Services under the account.

“Data Controller” means the entity that determines the purposes and means of the processing of Personal Data.

“Data Processor” means the entity that processes Personal Data on behalf of the Data Controller.

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR.

“Data Subject” means the individual to whom the Personal Data relates.

“EEA” means the European Economic Area.

“GDPR” means EU General Data Protection Regulation 2016/679.

“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR.

“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.

Sub-Processor” means any third party authorised under this DPA to have logical access to and process Customer Data to provide parts of the Services.

“Services” means any product or service provided to Customer and as described in GSE StudioWeb Terms & Conditions.

Data Processing

GSE will only act and process Customer Data in accordance with the documented instruction from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that GSE may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.

GSE will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.

When Customer Data is processed by GSE both parties acknowledge and agree that:

– GSE is a Data Processor of Customer Data under the GDPR
– Customer is a Data Controller of Customer Data under GDPR.

Confidentiality

GSE shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred or otherwise processed in conflict with the Instruction from Customer unless required by law.

GSE employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction.

Sub-Processing

Customer authorises GSE to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. GSE will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services.  

GSE shall complete a written agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions.

GSE will inform Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is Customer’s sole responsibility to ensure account information is correct and kept up to date.

Customer has the right to object to a use of a Sub-Processor by terminating this Addendum and Services in accordance with GSE Terms and Conditions. A list of current Sub-Processors can be found in Annex 1.

Security

20i will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as set out Annex 2 of this Addendum and in accordance with GDPR, article 32. The security measures are subject to technical progress and development and Customer acknowledges that GSE may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security. In addition, GSEwill make controls available to Customer to further secure Customer Data inside the control panel.

Data Breach Notifications

If GSE becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by GSE, GSE agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel.

GSE will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from reoccurring.

Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

Data Subject Rights

If GSE directly receives a request from a Data Subject to exercise such rights in relation to Customer Data, it will forward the request to Customer. Customer must respond to any such request within the timeframes specified within GDPR.

GSE will assist Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR.

Data Transfers

GSE stores and processes data in secure datacentres located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their own data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. GSE will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws.

Compliance and Audit Rights

GSE agrees to maintain records of its security standards and, upon written request by Customer, GSE shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12-month period. If GSE declines the request, Customer is entitled to terminate this addendum and Services.

Return or Deletion of Data

GSE only retains Customer Data for as long as required to fulfil the purposes for which it was initially collected. Termination of this Addendum or Services in line with GSE Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, GSE shall securely isolate and protect from any further processing.

Limitation of Liability

The total liability of each part under this addendum shall be subject to the limitation of liability as set out in GSE Terms & Conditions. For the avoidance of doubt, in no instance will GSE be liable for any losses or damages suffered by Customer where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.

Annex 1 – Sub-Processors

Company

Service

Worldpay

Credit/Debit Card Payments

MasterCard Payment Gateway Services

Direct Debit Payments

Nominet

Domain Names

Tucows (OpenSRS)

Domain Names

GeoTrust (Symantec)

SSL/TLS Certificates

Google Analytics

Control panel analytics. Reporting on anonymised data.

Xero

Financial accounting

Annex 2 – Security Measures

Available upon request.

Privacy Policy

This policy (together with any ancillary documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed.

Please read the following carefully to understand how we will treat and regard your personal data.

ABOUT

Our registered address is GSE StudioWeb, 69 Ramsay Road, Kirkcaldy, Fife, KY1 1UB, Scotland, UK.

GSE-StudioWeb may be both a data controller and data processor of personal data. We have a designated Data Protection Officer who can be contacted at our registered address.

All of our data servers are located in the Hosting Farm in  Mansfield, Nottinghamshire, UK and in Dallas (US).

What information we collect

Any personal information that you provide by filling in forms on our website. This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased.

If you contact us by letter or email, records of the correspondence may be kept.

Telephone conversations may be recorded for training purposes.

Details of transactions you carry out through our site and of the fulfilment and administration of your orders.

We also record technical data such as your operating system, browser type, referring / exit pages and URLs, number of clicks, domain names and pages viewed in our server logs. This information is used for marketing and security purposes.

In the circumstances where we are acting as a data processor, we shall only act on the instructions of our customer as the data controller. If you provide us with personal data about a third party (for example when registering a domain on their behalf), you warrant that you have obtained the express consent from the third party for the disclosure and use of their personal data.

How we use personal data
  1. To register a customer account.
  2. To process orders that you have placed with us.
  3. To handle customer service and careers enquiries.
  4. To ensure that content from our site is presented in the most effective manner for you and for your computer.
  5. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  6. To carry out our obligations arising from any contracts entered-into between you and us.
  7. To allow you to participate in interactive features of our service, when you choose to do so.
  8. To notify you about changes to our service.
  9. To carry out marketing and statistical analysis


For the avoidance of doubt, GSE StudioWeb will never sell your personal data to third parties.

Automatic decision making

We may use the information provided by you to perform automatic decisions about the acceptance of orders you place. This helps us combat fraud and abuse and this information never leaves our network.

Where we store your personal data

The personal data that we collect from you will be stored on our servers inside the European Economic Area (“EEA”). Occasionally, we may have to transfer personal data outside of the EEA. For example, domain registration data needs to be sent to our domain registrar outside of the EEA. By submitting your personal data, you agree to this transfer, storing or processing of data outside the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the GDPR and our data protection policies.

Data retention

We only retain your personal data for as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:



  • Invoice data is kept for a minimum of 6 years as required under UK Law.

  • Log files are rotated every 12 weeks. However, anonymised data may be kept for longer.



GSE StudioWeb infrastructure backups are kept for 12 months. Web Hosting data is kept for 30 days.

In the rare event backups containing personal information are restored post deletion, GSE StudioWeb will make every reasonable effort to ensure data that has been forgotten is not inadvertently restored and ensure all traces of data are removed within a maximum period of 180 days unless additional retention obligations apply.

Your rights

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: 

  • The right to request a copy of your personal data which we hold about you.

  • The right to request that we correct any personal data if it is found to be inaccurate or out of date. You can view, edit and remove your personal data through the GSE StudioWeb control panel.

  • The right to object to our use of your personal data and request your personal data is erased where it is no longer necessary for us to retain such data. This is known as your right to be forgotten. Please note that there may be legal reasons as to why we will need to keep your data, but please do inform us if you think we are retaining or using your personal data incorrectly.

  • You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

  • You can exercise your right to prevent such processing by following the Unsubscribe link at the bottom of any emails we send, contacting Customer Services or writing to us at GSE StudioWeb, 69 Ramsay Road, Kirkcaldy, Fife, KY1 1UB, Scotland, UK.

  • The right to lodge a complaint with the Information Commissioners Office. Please see https://ico.org.uk/make-a-complaint/ for further information.

Who we share your information with

By entering into this agreement, you agree to the processing of data by the third parties listed below. When we introduce any new, or change any existing third-party agreements, we will ensure this policy is updated at least 30 days before the new third party processes any data.

COMPANY SERVICES
Worldpay Credit/Debit Card Payments
MasterCard Payment Gateway Services Direct Debit Payment
Nominet Domain Names
Tucows (OpenSRS) Domain Names
GeoTrust (Symantec) SSL/TLS Certificates
Slack Internal communication of support issues/service incidents.
Google: including Adwords, Google Analytics, Youtube, Drive, Data Studio, Google My Business. Site analytics, targeting and exclusion from PPC advertising, purchasing data. Reporting on anonymised data.
Facebook & Instagram Targeting and exclusion from PPC advertising, purchasing data.
Twitter Targeting and exclusion from PPC advertising
Microsoft: Bing and Office 365 Site analytics, targeting and exclusion from PPC advertising, purchasing data.
Mailchimp Sending email and email analytics.
Hotjar Testing of site optimisations (All personal data is anonymised).
OptinMonster Newsletter signup forms and othe modals.
Data breaches

In the event of a data breach, the affected individuals will be contacted within the timescales specified in the GDPR, it will be reported to the Information Commissioner, and a full report – highlighting any risks – will be provided.

How we use cookies

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern;

  • To store information about your preferences, and so allow us to customise our site according to your individual interests;

  • To speed up your searches;

  • To recognise you when you return to our site.

  • Re-marketing – For example, once you have visited our website you may see GSE StudioWeb adverts to remind you of our products. We also use cookies to exclude existing customers from seeing our adverts.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Third party links

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to this policy

We keep our privacy policy under regular review and we will place any updates on this web page. This privacy policy was last updated on 15th May 2023.

Terms & Conditions Graphic Studio

The following terms and conditions apply to all services, including website development and design services, (the Services) provided by GSE StudioWeb (GSE StudioWeb) to the Client, in conjunction with any relevant quotation provided to the Client by GSE StudioWeb (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the Services shall be considered an acceptance of the Terms.

1. Charges

Charges for the Services are defined in the project quotation that the Client receives from GSE StudioWeb via email. Quotations are valid for a period of 30 days. GSE StudioWeb reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work commences. A second payment of thirty three (33) percent is required after the  client review and design sign off  stage, with the remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of the materials.

The Client agrees to reimburse GSE StudioWeb for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography.

All charges are exclusive of VAT (Valued Added Tax) or American Tax.

2. Invoicing and payment

GSE StudioWeb shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to GSE StudioWeb and sent to GSE StudioWeb, 69 Ramsay Road, Kirkcaldy, Fife, KY1 1UB, Scotland (UK)GSE StudioWeb. Bank details will be made available on invoices.

If the Client fails to make any payment due to GSE StudioWeb by the due date for payment, then, without limiting GSE StudioWeb’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on GSE StudioWeb’s web space, GSE StudioWeb will, at its discretion, remove all such material from its web space. GSE StudioWeb is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed with a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay GSE StudioWeb reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by GSE StudioWeb in enforcing these Terms.

3. Change Control Process

As part of our project management process, we include a change control process. This will come into effect if your needs change or you find you need additional features after a website scope document has been signed off or we have moved on to the design phase of your project.

We ask you to fill in a simple form and we assess whether the change is possible at the stage it has been requested, if it can be included as part of the website costs or whether it will incur an extra cost. This helps to keep the project on track and within budget.

4. Client Review

GSE StudioWeb will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies GSE StudioWeb otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control

GSE StudioWeb will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon GSE StudioWeb receiving initial payment, unless a delay is specifically requested by the Client and agreed by GSE StudioWeb.

In return, the Client agrees to provide GSE StudioWeb promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by GSE StudioWeb for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid GSE StudioWeb with progressing the commission in a satisfactory and expedient manner.

During the project, GSE StudioWeb will require the Client to provide website content; text, images, movies/videos and sound files, along with any relevant background information.

6. Failure to provide required website content

GSE StudioWeb is a small business, and to remain efficient we must ensure that work we have programmed is carried out within the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed within the time arranged.

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s website because we have not been given the required information within the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.

If the Client agrees to provide us with the required information and subsequently fails to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go ahead to start until you are ready to do so.

NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system the Client is able to keep content up to date him/herself.

7. Web Browsers

GSE StudioWeb makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that GSE StudioWeb cannot guarantee correct functionality with all browser software across different operating systems.

GSE StudioWeb cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, GSE StudioWeb reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

8. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.

9. Indemnity

All GSE StudioWeb services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless GSE StudioWeb against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of GSE StudioWeb’s service.

10. Intellectual property

Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.

Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.

IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to GSE StudioWeb by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).

The Client hereby grants to GSE StudioWeb a non-exclusive licence to publish and use such material, which may be sub-licensed to any contractor acting on behalf of GSE StudioWeb. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting GSE StudioWeb permission and rights for use of the same. A contract for website design and/or placement shall be regarded as a guarantee by the Client to GSE StudioWeb that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless GSE StudioWeb against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to GSE StudioWeb by or on behalf of the Client infringe the IP Rights of a third party.

All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. GSE StudioWeb hereby grants the Client a non-exclusive licence of such Foreground IP for the purpose of operating the website.

11. Confidentiality

Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.

During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.

The obligations in this clause 10 shall not apply to any Confidential Information which is:

  • at the date of these Terms already in, or at any time after the date of these Terms comes into, the public domain other than through breach of these Terms by the Receiving Party or any Recipient;
  • furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so; or
  • required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.

All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party, and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.

12. Data protection

For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to GSE StudioWeb, and any applicable laws replacing, amending, extending, re-enacting or consolidating the above from time to time.

Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law.

The Client will comply with Data Protection Law in connection with the collection, storage and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to GSE StudioWeb and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.

The parties acknowledge that if GSE StudioWeb processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and GSE StudioWeb is the processor for the purposes of Data Protection Law.

The scope, nature and purpose of processing by GSE StudioWeb, the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.

In relation to the processing of personal data under these terms and conditions, GSE StudioWeb shall:

  • process personal data on the Client’s behalf only on and in accordance with the Client’s documented instructions as set out in this clause 11 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
  • ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • implement and maintain appropriate technical and organisational measures in relation to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organisational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data;
  • promptly refer all data subject requests we receive to you and, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
  • assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance;
  • retain personal data in accordance with the retention periods set out in our Privacy Notice;
  • make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided: (i) you give us at least 7 days prior notice of an audit or inspection being required; (ii) you give us a reasonable period of time to comply with any information request; (iii) ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; (v) no more than one audit and one information request is permitted per calendar year; and (vi) paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits;
  • take reasonable steps to ensure the reliability of anyone who we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the purposes of the Terms; and
  • notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach.

The Client hereby gives GSE StudioWeb consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor.

GSE StudioWeb shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the sub-processors’ obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor.

We will not transfer personal data processed on your behalf to a country outside the United Kingdom which is not recognised by the European Commission to have an adequate level of protection in accordance with Data Protection Law unless the transfer is effected by such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by GSE StudioWeb to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit and Marketing

A link to GSE StudioWeb will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £3000, a fixed fee of £300 will be applied.

The Client agrees that the website developed for the Client may be presented in GSE StudioWeb’s portfolio, and hereby grants GSE StudioWeb a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.

15. Third Party Servers

GSE StudioWeb designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. GSE StudioWeb will assist the Client to configure the server if this is required. However, this may be subject to additional charges.

If the Client’s website is to be installed on a third-party server, GSE StudioWeb must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

In the event that the Client wishes to make alterations to the website once installed, the Client agrees to give GSE StudioWeb the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by GSE StudioWeb.

GSE StudioWeb cannot accept responsibility for any alterations caused by the Client or a third party occurring to the website once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

GSE StudioWeb may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GSE StudioWeb. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. Third Party Products

Any third party software which GSE StudioWeb agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such third party software is included in the Charges payable pursuant to clause 1.

19. General

These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

These Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.

No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to GSE StudioWeb. Notices to GSE StudioWeb shall be sent to the email address or address set out at contact

20. Digital Marketing

GSE StudioWeb will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

21. Liability

Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

GSE StudioWeb shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.

The entire liability of GSE StudioWeb to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.

23. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of Scotland.

Each party irrevocably agrees that the courts of Scotland GSE StudioWeb shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Hosting and Domain Services

This page tells you the terms and conditions on which we supply our services described on our website www.gsestudioweb.co.uk to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy for your records if required.

  • 1. INFORMATION ABOUT US

    • 1.1. www.gsestudioweb.com is a site operated by GSE Studio Web (“we”, “us” and “our”). We are registered in Scotland and have our registered office at 69 Ramsay Road, Kirkcaldy, Fife, KY1 1UB, Scotland (UK).

    • Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.

    • 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.

  • 2. YOUR STATUS

    • 2.1. By placing an order through our website, you warrant that:

      • 2.1.1. you are legally capable of entering into binding contracts.

      • 2.1.2. you are at least 18 years old.

    • 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

  • 3. THE ORDER PROCESS

    • 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.

    • 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to completion of the order.

    • 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.

    • 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored in your account.

  • 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

    • 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.

    • 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

    • 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

  • 5. OUR STATUS

    • 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.

    • 5.2. Any disclaimer does not affect your statutory rights against the third party seller.

  • 6. CONSUMER RIGHTS

    • 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.

    • 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013

    • 6.3. This provision does not otherwise affect your statutory rights.

  • 7. OUR LIMITED MONEY BACK GUARANTEE

    • 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.

    • 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.

    • 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause [G(b)]? above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain in error.

    • 7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):

      • 7.4.1. Domain Registration and Domain Registration Renewals.

      • 7.4.2. Private SSL certificates.

      • 7.4.3. Virtual Nameservers and other ‘add on’ products.

      • 7.4.4. Virtual Private Servers (VPS) and associated products.

  • 8. PRICE AND PAYMENT

    • 8.1. The price of any Services will be as quoted on our website (exclusive of VAT – Value Added Tax).

    • 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.

    • 8.3. Prices are liable to change at any time. We will notify you of any change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.

    • 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:

      • 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;

      • 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally contact you for instructions before accepting your order; and

      • 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation

    • 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.

    • 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.

    • 8.7. If we fail to authorise payment your account may be suspended.

  • 9. QUALITY

    • 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.

    • 9.2. We will not be liable for a breach of the warranty provided above unless:

      • 9.2.1. you give written notice of the breach to us.

      • 9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.

      • 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any).

      • 9.2.4. you alter the Services without our written consent.

      • 9.2.5. the problem arises because of misuse.

    • 9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.

    • 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

  • 10. ACCESS TO THE HOSTING SERVICE

    • 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.

    • 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).

  • 11. HOSTING SERVICE SERVICE LEVELS

    • 11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

  • 12. IP ADDRESSES

    • 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.

    • 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

    • 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

  • 13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS

    • 13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

    • 13.2. We will follow our archiving procedures for the data stored on our servers.

    • 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

  • 14. HOSTING SERVICE USAGE LIMITATIONS

    • 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.

    • 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

    • 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

    • 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,

    • 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.

    • 14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.

    • 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.

    • 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

  • 15. SUPPORT

    • 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.

    • 15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat. [should video or text chat be specified?]

  • 16. DOMAIN NAMES

    • 16.1. Where the Contract includes our Domain Registration and Renewal Service:

      • 16.1.1. we will endeavour to procure the registration of the domain name you request.

      • 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

      • 16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.

      • 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.

      • 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.

      • 16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “WHOIS” database of the top level domain name registrar.

      • 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.

      • 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.

    • 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

    • 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.

    • 16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.

    • 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.

    • 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

  • 17. INTELLECTUAL PROPERTY RIGHTS

    • 17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.

    • 17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.

    • 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.

    • 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.

    • 17.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.

    • 17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.

    • 17.7. We will defend you against any claim that the Hosting Services infringes any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

      • 17.7.1. you give prompt notice of any such claim.

      • 17.7.2. you make no admissions or settlements without our prior written consent.

      • 17.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.

      • 17.7.4. we are given sole authority to defend or settle the claim.

  • 18. OUR LIABILITY

    • 18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

    • 18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

    • 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.

    • 18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

    • 18.5. We do not exclude or limit in any way our liability:

      • 18.5.1. for death or personal injury caused by our negligence;

      • 18.5.2. under section 2(3) of the Consumer Protection Act 1987,

      • 18.5.3. for fraud or fraudulent misrepresentation,

      • 18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

    • 18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

      • 18.6.1. loss of income or revenue.

      • 18.6.2. loss of business.

      • 18.6.3. loss of profits or contracts.

      • 18.6.4. loss of anticipated savings.

      • 18.6.5. loss of goodwill.

      • 18.6.6. loss of software or data.

      • 18.6.7. wasted expenditure (such as pay per click advertising costs).

      • 18.6.8. wasted management or office time.

    • 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.

    • 18.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

    • 18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

  • 19. DURATION OF THE SERVICES AND CANCELLATION

    • 19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:

    • 19.1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name

      • 19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:

      • 19.1.2.1. the Domain Name is no longer available for registration,

      • 19.1.2.2. you are in breach of the terms and conditions herewith,

      • 19.1.2.3. of some other reason preventing the registration of the Domain Name.

    • 19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.

    • 19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:

      • 19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;

      • 19.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat,

      • 19.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account,

      • 19.3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.

      • 19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.

    • 19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.

    • 19.5. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.

    • 19.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.

    • 19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

    • 19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.

    • 19.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.

    • 19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

  • 20. DELETION OF YOUR DATA

    • 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.

    • 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

  • 21. ADDITIONAL TERMS

    • 21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.

  • 22. WRITTEN COMMUNICATIONS

    • 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

    • 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  • 23. NOTICES

    • 23.1. All notices given by you to us must be given though our online system.

    • 23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.

  • 24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS

    • 24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

    • 24.2. The Contract is binding on you and us and on our respective successors and assigns. [assignees?]

    • 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

    • 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  • 25. EVENTS OUTSIDE OUR CONTROL

    • 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

    • 25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

      • 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);

      • 25.2.2. strikes, lock-outs or other industrial action;

      • 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

      • 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

      • 25.2.5. impossibility of the use of public or private telecommunications networks; and

      • 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

      • 25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  • 26. WAIVER

    • 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    • 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

    • 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  • 27. SEVERABILITY

    • 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  • 28. ENTIRE AGREEMENT

    • 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    • 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

    • 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

  • 29. CHANGES TO OUR TERMS AND CONDITIONS

    • 29.1. We have the right to revise and amend these terms and conditions from time to time.

    • 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

    • 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

CONFIDENTIALITY AGREEMENT

This is a BILATERAL agreement where both parties have the same and identical rights

THIS AGREEMENT is made on the contractual date between the following parties:

  1. GSE StudioWebincorporated and registered in Scotland whose registered office is at 69 Ramsay Road, Kirkcaldy, KY1 1UB; and
  1. THE CUSTOMER SIGNATURE OF THE CONTRACT 

together the Parties and each a Party.

BACKGROUND

 

  1. The Parties would like to exchange Confidential Information solely in order to facilitate discussions about, and to exchange information regarding, the Purpose.
  2. To ensure the protection of the Confidential Information, and in consideration of the agreement to exchange information, the Parties have entered into this Agreement.

 

IT IS AGREED AS FOLLOWS:

  1. Confidentiality obligations
    1. 1  In consideration for the Confidential Information being disclosed to it, the Recipient agrees at all times, whether before or after termination of this Agreement or ceasing discussions with the Discloser, to:

(a) not disclose the Confidential Information to any third party;  

(b) treat the Confidential Information as strictly secret and confidential, and to use the same care to prevent the disclosure of the Confidential Information as the Recipient uses with respect to its own confidential and proprietary information (and, in any event, not less than the care a reasonable person would use under similar circumstances);

(c) Purpose and not for any other purpose, including, but not limited to, for personal interest or gain;

(d) protect the Confidential Information from unauthorised disclosure and immediately notify the Discloser of any loss or unauthorised use or disclosure of Confidential Information;

(e) establish and maintain adequate security measures (including any reasonable security measures proposed by the Discloser from time to time) to safeguard the Confidential

(f) only disclose Confidential Information to its Personnel on a strictly need to know basis and only for the Purpose and ensure that such Personnel are subject to confidentiality obligations at least as extensive as those contained in this Agreement. The Recipient will be responsible and liable for the acts and omissions of its Personnel; and

(g) ensure that those Personnel who receive Shared Personal Data are subject to written contractual obligations concerning the Shared Personal Data which are no less onerous than those imposed by clause 8.

 

    1. The obligations under clause 1.1 do not apply to information:

 

(h) which the Discloser expressly agrees in writing is free of any non-disclosure obligations;

(i) which at the time of disclosure to the Recipient, was known to the Recipient or any of its Personnel (as evidenced by documentation in the possession of the Recipient or its Personnel) free of any non-disclosure obligations;

(j) which is lawfully received by the Recipient or any of its Personnel from a third party, free of any non-disclosure obligations, and where the Recipient or its Personnel reasonably believe the third party has the right to disclose the Confidential Information;

(k) that is already in the public domain, except as a direct or indirect result of the Recipient’s (or its Personnel’s) breach of this Agreement or any other duty of confidence owed by the Recipient; and

(l) that must be disclosed by law, regulation or an order of a court to disclose, provided that the Recipient only discloses that portion of the Confidential Information that the Recipient is required to disclose by law or by the rules of any listing authority or stock exchange on which its shares are listed or traded, and uses its reasonable endeavours to give as much notice as possible to the Discloser in order to allow the Discloser to object to, or prevent, the Confidential Information being disclosed. The Recipient agrees to provide all reasonable assistance to the Discloser in objecting to, or preventing, the Confidential Information from being disclosed. If a Recipient is unable to inform the Discloser before Confidential Information is disclosed pursuant to this clause 1.2(e) it agrees, to the extent permitted by law, to inform the Discloser of the full circumstances of the disclosure and the information that has been disclosed as soon as reasonably practicable after such disclosure has been made.

    1. The Recipient may, provided that it has reasonable grounds to believe that the Discloser is involved in activity that may constitute a criminal offence under the Bribery Act 2010, disclose the Discloser’s Confidential Information to the Serious Fraud Office without first notifying the Discloser of such disclosure.
    2. Ownership
      • The Recipient agrees that, as between the Parties, the Discloser owns all Intellectual Property Rights in the Discloser’s Materials, and that nothing in this Agreement constitutes a transfer of any Intellectual Property Rights in the Discloser’s Materials to the Recipient.
      • The Discloser’s disclosure, and the Recipient’s use, of the Confidential Information does not grant it a licence, or act as a right of use, to any Intellectual Property Rights subsisting in Discloser’s Materials, except as stated in this Agreement or with the Discloser’s express written permission.
  1. Warranty

The Discloser represents and warrants to the best of its knowledge and belief that the disclosure of the Confidential Information to the Recipient, and that the use of the Confidential Information by the Recipient in accordance with this Agreement does not breach the Intellectual Property Rights of a third party.

  1. No commitment

The Discloser has no obligation to disclose any Confidential Information to the Recipient. In addition, neither this Agreement, nor the disclosure or receipt of Confidential Information, will constitute or imply any promise or intention by the Discloser to enter into any other agreement or transaction, or continue discussions with, the Recipient.

  1. Damages

The Recipient agrees that:

  • if the Recipient breaches its obligations under this Agreement, the Discloser may suffer loss and/or damage;
  • monetary damages may not be an adequate remedy for the Discloser in relation to such loss and/or damage; and
  • the Discloser is entitled to seek an injunction, specific performance or any other remedy available at law or in equity, in its discretion, to protect its Confidential Information from breach (or threatened or continuing breach) of this Agreement by the Recipient, its Personnel or any other persons directly or indirectly acting for, or on behalf of, the Recipient.
  1. Term

This Agreement will commence on the date that it is executed by both Parties, and will remain in effect unless agreed in writing by both Parties (Term).

  1. Return of Confidential Information
    • The Recipient must (and must ensure that its Personnel) immediately, upon the expiry or termination of this Agreement, or when requested by the Discloser (at the Discloser’s election):
  • return to the Discloser all information, data and/or documents containing or relating to the Confidential Information; and/or
  • destroy any copies of any information, data and/or documents containing or relating to the Confidential Information not returned to the Discloser,
  • and provide written confirmation to the Discloser that it has complied with the provisions of clauses 7.1(a) or 7.1(b), as applicable.
    • The Recipient may keep one copy of such information, in secure and confidential storage, if required by law for record keeping purposes, and only to the extent and for the period required by law. The Recipient agrees that its obligations in relation to Confidential Information will continue to apply to any Confidential Information in its custody or control under this clause 7.2.
    • Nothing in clause 7.1 requires the Recipient to return or destroy any documents and materials containing or based on the Discloser’s Confidential Information that the Recipient is required to retain by applicable law, or to satisfy the requirements of a regulatory authority or body of competent jurisdiction or the rules of any listing authority or stock exchange, to which it is subject. The provisions of this Agreement continue to apply to any documents and materials retained by the Recipient pursuant to this clause 7.3.
    • This clause 7 will survive the termination or expiry of this Agreement.
  1. Data
    • This clause 8 applies to the extent that the Confidential Information contains any Personal Data.
    • Each Recipient agrees to comply with all of the obligations imposed on a Controller under the Data Protection Legislation, including to:
  • ensure that it has all necessary notices, consents and lawful bases in place to enable the lawful transfer of the Shared Personal Data to its Personnel for the Purpose;
  • process the Shared Personal Data only for the Purpose;
  • not disclose or allow access to the Shared Personal Data to anyone other than its Personnel;
  • without limiting clause 1.1(e), to ensure that it has in place appropriate Technical and Organisational Measures, reviewed and approved by the Discloser, where practicable, to protect against unauthorised or unlawful processing of any of the Shared Personal Data and against accidental loss or destruction of, or damage to, any of the Shared Personal Data;
  • not transfer any of the Shared Personal Data received from the Discloser outside theUnited Kingdom unless the Recipient ensures that:
  • the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection;
  • there are appropriate safeguards or binding corporate rules in place pursuant to the applicable Data Protection Legislation;
  • the transferor otherwise complies with its obligations under the applicable Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; or
  • one of the derogations for specific situations in the applicable Data Protection Legislation applies to the transfer.
    • Each Party agrees to assist the other in complying with all applicable requirements of the Data Protection Legislation in relation to the Shared Personal Data. In particular, each Party agrees to:
  • assist the other Party, at the cost of the other Party, in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, Personal Data Breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators;
  • notify the other Party without undue delay on becoming aware of any Breach of the Data Protection Legislation;
  • use compatible technology for the Processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from Personal Data transfers; and
  • maintain complete and accurate records and information to demonstrate its compliance with this clause 8.3 and allow for audits by the other party or the other Party’s designated auditor where reasonably required.
    • For the purposes of this Agreement, the terms Controller, Processor, Data Subject, Personal Data, Personal DataBreach, Processing and Appropriate Technical and Organisational Measures have the meanings given to them in the Data Protection Legislation.
  1. General

9.1. Amendment: This Agreement may only be amended by written instrument executed by the Parties.

9.2. Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

9.3. Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

9.4. Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Scotland to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

9.5. Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes and extinguishes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

9.6. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

9.7. Survival: The Parties acknowledge and agree that any clause that should by its nature survive the expiry or termination of this Agreement, will survive the expiry or termination of this Agreement.  

9.8. Governing law: This Agreement is governed by the laws of Scotland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Scotland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

9.9. Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

9.10. Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

9.11. Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement. If any provision or part-provision of this Agreement is deemed deleted under this clause 9.11, the Parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

  • Third Party Rights: Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
  1. Interpretation

In this Agreement, unless the context otherwise requires:

(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f) words like including and for example are not words of limitation;

(g) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(h) any obligation on a Party not to do something includes an obligation not to allow that thing to be done;

(i) a reference to time is to local time in London; and

a reference to £ or pounds refers to the currency of the United Kingdom from time to time.

  1. Definitions

In this Agreement, unless the context otherwise requires:

Agreement means this confidentiality agreement and all schedules, annexures and attachments included, or referred to, in this confidentiality agreement.

Confidential Information means all confidential information relating to the Purpose which the Discloser or its Personnel directly or indirectly discloses, or makes available, to the Recipient or its Personnel, before, on or after the date of this Agreement, including but not limited to:

(a) the fact that discussions and negotiations are taking place concerning the Purpose and the status of those discussions and negotiations;

(b) the existence and terms of this Agreement;

(c) all confidential or proprietary information relating to:

(i). ideas, source code, designs, monetisation plans, analytical information functionality and features, and other information in relation to the development and implementation of the Purpose; and

(ii). business models, business plans, information, ideas, concepts, knowledge, know-how, intellectual property, trade secrets, inventions, technology, operating procedures, processes, techniques, software, business methods, financial, accounting, monetisation, capital raising, marketing and technical plans and information, customer and supplier lists (including any prospective or proposed customer and supplier lists), analytical information, funding arrangements and other commercially valuable information belonging to the Discloser;

(d) notes, records and related information generated by the Recipient (or any of its Personnel) from the Confidential Information or generated by the Recipient (or any of its Personnel) for the Discloser and/or the Purpose, including any copies of the Confidential Information, and copies of the notes, records and related information generated;

(e) any Shared Personal Data; and

(f) any other commercially sensitive documentation or information of the Discloser,

whether or not such information is reduced to a tangible form or marked in writing as “confidential” or is provided orally, and whether it is disclosed by the Discloser to the Recipient (or any of its Personnel) or received, acquired, overheard, or learnt by the Recipient (or any of its Personnel) in any way whatsoever.

Data Protection Legislation means:

to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; or

to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the party is subject, which relates to the protection of personal data.

Discloser means the party disclosing Confidential Information to the Recipient as contemplated by this Agreement.

Disclosers Materials means any and all work, models, processes, technologies, strategies, materials, information, documentation and services, and any Intellectual Property Rights subsisting in any of the aforementioned, owned, licensed or developed by or on behalf of the Discloser or its Personnel, and includes any future materials.

EU GDPR means the General Data Protection Regulation ((EU) 2016/679).

Intellectual Property Rights means any intellectual property or other proprietary rights in any copyright, registered or unregistered designs or trade marks, domain names, know-how, inventions, processes, trade secrets or right  to keep confidential information confidential; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not.

Personnel means, in respect of a Party, any of its employees, consultants, contractors, officers, professional advisers or agents.

Purpose means

  • Creation of eCommerce with setting of the various functions, such as: personal data for accessing the hosting and development platform, newsletter lists, payment systems, membership systems, shop, articles, advertising videos, etc.
  • Creation of Websites (personal and business) with setting of the various functions such as: fundraising system setting, donation function setting, newsletter lists, access data to hosting and development platform, etc.

Recipient means the party receiving Confidential Information from the Discloser as contemplated by this Agreement.

Shared Personal Data means the personal data to be shared between the Parties under this Agreement, which is confined to the following categories of information relevant to the following categories of Data Subject:

(a) Bank information (data necessary only to set up the receipt of payments);

(b) Access data to systems such as payment platforms. (to set the necessary API KEYs).

(c) Access data to Hosting Platform;

(d) Access data to Newsletter Platform; and

(e) Access data to Website Platform.

UK GDPR has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Contact

Please contact us if you have any questions about our privacy policy or information we hold about you or any clarification regarding our regulation on terms of sale etc. :

legaldivision@gsestudioweb.com – You can

also write to our registered address:

GSE StudioWeb, 69 Ramsay Road, Kirkcaldy, Fife, KY1 1UB, Scotland, UK.

We are also available for a video call meeting with an appointment.

 

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