Terms of Website Use
Information About Us
www.pickandmixms.co.uk is a site operated by Pick and Mix Marketing Solutions Limited (“We”). We are registered in England under company number 07817082 and have our registered office at: Office 5, Elcocks House, Hospital Field Road, York, YO10 4FT.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. When using our site, you must accept the provisions of our Terms of Website Use.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
Viruses, Hacking & Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo). Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
This website operates an email newsletter program, used to inform subscribers about services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list]. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity. In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign.
Jurisdiction & Applicable Law
Pick and Mix Marketing Solutions Ltd (company number 07817082) (we/us) are committed to protecting your privacy, including your personal data. We will be the data controller of any personal data which we collect from or about you. This Policy sets out the terms on which we will hold and process your personal data. If you have any queries about this Policy or how we use your data, you can contact us using the contact details below.
Please read this Policy carefully. By contracting with us, you acknowledge that your personal data will be used in accordance with this Policy.
When Do We Collect Information?
We will collect information from you when you become our customer or supplier, or contact us in person, by telephone, by e-mail, by post, by fax or by social media. We also collect information from you when you voluntarily complete customer surveys, enter a competition or promotion, provide feedback or complete a contact form on our website.
We may collect information about you from credit reference agencies when we undertake checks such as credit and identity checks. We may collect information about you from any source that is available to the public.
Information may also be collected about you when you visit our website (for example via cookies), such as your IP address and other browser-generated information.
What Information Will We Collect?
We may collect the following information:-
- Your contact details or those of your employees, such as name, address, telephone number and email address
- Details of any goods or services you sell to us, or ask us to supply
- Details of your credit history and any records held by financial crime prevention agencies, on the Electoral Register and by providers of utility service
- Information that is available to the public.
Before we can contract with you for the purchase or sale of goods or services, we may need to obtain certain information about you to verify your identity so that we can meet our obligations under the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (the “Money Laundering Regulations 2017”) and any other applicable legislation and for the purposes of assessing our credit risk. You are obliged to provide this information and if you do not provide it, we will be unable to contract with you.
How We Will Use Your Information
We use information held about you in the following ways:-
- to undertake checks such as credit and identity checks to enable us to comply with our anti-money laundering obligations and for the purposes of assessing our credit risk;
- to comply with our contractual obligations to you;
- to help protect your information and prevent unauthorised access to it;
- to deal with any queries, complaints or problems reported by you;
- for payment verification, debt tracing and debt recovery;
- to enable you to participate in our promotions or competitions;
- to enable you to participate in the interactive features of our website and to ensure that content from our website is presented in the most effective manner for you and your computer/device;
- to generate statistics relating to use of our website;
- to provide you with information about other goods or services we offer that are similar to those that you have already contracted with us to provide, or enquired about. You may opt out of receiving this information when we collect your details or at any time by contacting us using the contact details below;
- if required to do so by law and to the extent necessary for the proper operation of our systems, to protect us/our customers, or to enforce the terms of any contract that we have entered into with you;
- to notify you of changes to our terms of business.
Our use of your personal data will be for one or more of the legitimate interests described above.
Disclosure of Your Information
We may disclose your information:-
- to businesses that are part of the same group of companies as us, or that become part of that group;
- to our IT providers and others who provide us with support services (so that we can comply with our contractual obligations to you;
- to our appointed accountants, lawyers and other professional advisers (including our bankers), to the extent that they require access to the information in order to advise us;
- to credit reference agencies and other organisations to allow us to undertake the checks set out below;
- to debt collection agencies or to the Court;
- if required to do so by any legal requirement;
- to law enforcement agencies and others in order to investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable laws;
- to HMRC if obliged to do so by law, who may pass this on to tax authorities in other jurisdictions; or
- if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and suppliers may be one of the transferred assets.
We will not disclose your information to third parties other than as outlined above.
Credit and Identity Checks
As part of our contracting process we may carry out automated checks using your personal data, such as your name, postal address, date of birth, telephone numbers and employment status. These checks include credit checks and identity checks and involve us obtaining information (such as your credit history) from credit reference agencies, the Electoral Register and providers of utility services.
We need to carry out these checks in order to meet our obligations under the Money Laundering Regulations 2017 (and any other applicable legislation) and for the purposes of assessing our credit risk. The information obtained from these checks is used by us to determine if an account can be opened or whether further information is required, based on factors such as whether we have been able to verify your identity or your credit history.
Credit reference agencies will record the details of our search and may record whether or not your application to contract with us is accepted. We may make periodic searches with credit agencies to manage your account.
We may provide information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and/or fraud. If false or inaccurate information is provided and fraud is identified or reasonably suspected, details may be passed to fraud prevention agencies who will record this. This information may also be accessed by law enforcement agencies. This information may be used by us to prevent fraud and money laundering, for example, when processing applications for credit, managing credit or for debt recovery.
Storage of Your Personal Data
We will only keep your personal data for as long as we need to in order to fulfil the purpose(s) for which it was collected, as set out above in this Policy, and for as long as we are required to keep it by law.
We retain personal data collected in connection with the performance of our contractual obligations to you and the information provided to us for identity checks and anti-money laundering checks for 3 years after performance of our contract with you. You may require us to delete personal data once that period has expired unless we are required to retain that personal data for a longer period by law.
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorised access and disclosure.
We may transfer, or allow access to, your information internationally including to countries outside the European Economic Area (EEA) when performing our contractual obligations to you. We will ensure that your personal data is adequately protected when it is transferred outside the EEA in accordance with applicable data protection laws.
You can update your personal data by contacting us.
You have the following rights which can be exercised by contacting us using the details provided below:-
- to ask us not to process your personal data for marketing purposes;
- to access personal information held about you and to obtain a copy of it
- to prevent any processing of personal data that is causing or is likely to cause unwarranted and substantial damage or distress to you or another individual;
- to obtain the rectification or completion of personal data which are inaccurate or incomplete;
- to restrict or object to the processing of your personal data and to request its erasure under certain circumstances;
- in certain circumstances, to receive a copy of your personal data in a structured, commonly-used and machine readable format and the right to require us to transmit that data to another data controller where technically feasible;
- to be informed about any use of your personal data to make automated decisions about you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing;
- to lodge a complaint about the way in which your personal data is being used; and
- to withdraw your consent to any use by us of your personal data otherwise than for one of the legitimate purposes set out above.
We reserve the right to amend this Policy at any time. Any substantive changes we make to our Policy in the future will be notified to you in writing, but we would advise you to check our website regularly to ensure that you are familiar with the most up-to-date version.
If you have any queries, comments or requests regarding this Policy or would like to exercise any of your rights set out above, you can contact us at:- Email: email@example.com. Post: Pick & Mix Marketing, Office 5 Elcocks House, Fulford Industrial Estate, 39 Hospital Fields Road, York, YO10 4FT
If we cannot resolve your concerns, you may report a concern to the Information Commissioner at ico.org.uk/concerns or telephone (0303) 123 1113 for further information about your rights.