(last updated 1st February 2018)
1. WHO ARE WE?
This Site is operated by Supercar Owners Circle Limited a company registered in England under registration number 09892384 and our registered address is 68-80, Hanbury Street, E1 5JL, London, England („we“ „us“ and „our“ being interpreted accordingly).
2. CONTENT ON THIS SITE
Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access („Content“) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘Supercar Owners Circle, ‘SOC’ and other business names and logos displayed on this Site may be trade marks belonging to us (“Trade Marks”).
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).
3. LINKS TO OTHER WEBSITES
This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.
4. YOUR USE OF THIS SITE
You must only use this Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our Site is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date. In relation to any material you submit to us or post on this Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.
You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.
5. OUR LIABILITY
Nothing in these Terms shall exclude or limit our liability where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
Subject the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.
While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.
6. PRIVACY & SECURITY
7. CHANGES TO THESE TERMS
We are may amend these Terms at any time, for example, where we add new services or features or where there is a change in applicable law. All such changes will take effect once these Terms have been updated and you will be assumed to have accepted any such changes if you continue to use the Site after the latest update.
8. PURCHASE OF PRODUCTS OR SERVICES
If you elect to purchase any products or services which we offer to you through this Site (or any affiliated website) this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
9. INVAILIDITY & WAIVER
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
10. GOVERNING LAW
In the event of any dispute between you and us concerning these Terms, the laws of Switzerland will apply. If you wish to take court proceedings against us, you should do so within Switzerland, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.
If you have any questions or complaints regarding the Site or these Terms, you can contact us by emailing email@example.com.
(Last updated 25th May 2018)
1. WHO ARE WE?
3. WHAT PERSONAL DATA MAY WE COLLECT?
We may collect the following personal data about you:
The personal details you provide (such as name, address, e-mail address; business address and phone number) when submitting a membership application.
Information about your debit/credit card and bank account information that we require for the purpose of recording and processing your membership application (and administering your membership). For further details please also refer to the section below headed PAYMENT INFORMATION.
Personal details you choose to give when corresponding with us by phone, e-mail or that you provide to us when you participate in one of our events.
We may also receive other personal or private information about you that you choose to submit to this Site or any other websites we operate.
5. HOW WE USE YOUR DATA
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
We may use your personal data in the following ways:
5.1 INFORMATION WE PROCESS BECAUSE WE HAVE A CONTRACTUAL OBLIGATION WITH YOU
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to: a) verify your identity for security purposes b) sell products to you c) provide you with our services d) provide you with suggestions and advice on products, services and how to obtain the most from using our website. We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
5.2 INFORMATION WE PROCESS WITH YOUR CONSENT
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including Job opportunities our products and services, you provide your consent to us to process information that may be personal information.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful. We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists. You may withdraw your consent at any time by instructing us firstname.lastname@example.org. However, if you do so, you may not be able to use our website or our services further.
5.3 INFORMATION WE PROCESS BECAUSE WE HAVE A LEGAL OBLIGATION
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.
5.4 INFORMATION PROVIDED ON THE UNDERSTANDING THAT IT WILL BE SHARED WITH A THIRD PARTY
Our website might allow you to post information with a view to that information being read, copied, downloaded, or used by other people. In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed or shared. We do store it, and we reserve a right to use it in the future in any way we decide. Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time. Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion, we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at email@example.com.
6. CONTACTING OUR SUPPORT TEAM
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need. We record your request and our reply in order to increase the efficiency of our customer journey. We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is. We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
8. AFFILIATE AND BUSINESS PARTNER INFORMATION
This is information given to us by you in your capacity as an affiliate of us or as a business partner. It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you. The information is not used for any other purpose. We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.
9. DATA PROCESSING OUTSIDE THE EUROPEAN UNION
Our websites are hosted in the EU. Our CRM (Customer Relationship Management) hosts data in the U.S. and complies with GDPR regulations effective 25th May 2018. We use the following safeguards with respect to data transferred outside the European Union: both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to the protection of your information.
10. DISCLOSURE OF YOUR INFORMATION
We may share your personal data with third parties in the following situations:
we may make your personal data available to selected third parties who act on our behalf to support our operations (for example, card processing or payment services (see the section below headed PAYMENT INFORMATION) and credit reference agencies to protect against possible fraud
our IT suppliers and contractors (e.g. data hosting providers or delivery partners) may need to have access to your personal information to provide IT support and enable us to provide membership services and other goods/services available on this Site or to members
if we sell our business or our company assets are acquired by a third party personal data held by us about our members or customers may be one of the transferred assets
if we need to disclose your personal data to comply with a legal obligation or to enforce our General Terms & Conditions, membership rules or other applicable contract terms that you are subject to
to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.
11. PAYMENT INFORMATION
Any credit/debit card payments and other payments you make through this Site will be processed by our third party payment provider, who is currently Stripe (see add website) and the payment data you submit will be securely stored and encrypted by our payment service provider using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in support or a membership application or subscription is stored for the purpose of processing your application, initiating your membership and collecting your membership fees if your initial application is successful (or if you are put on to a membership waiting list, please note that this data may be stored for later use to initiate your membership and subscription).
We may also store and use this card or payment information for the purpose of processing any future payments that you make as a member for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted. You may choose to opt-out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your membership subscription or for the purpose of making any future purchases.
The personal data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”) such as by our subcontractors in the United States who process your payment details and/or provide IT support services. In accordance with applicable law, we will do everything we reasonably can to make sure that those subcontractors comply with appropriate security standards to protect the personal data that they handle.
Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. We must not to share your password or log-in details with anyone else. Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organisational security measures to protect the personal data that you submit to us against unauthorised/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of data that you provide to us online.
13. YOUR DATA PROTECTION RIGHTS
Certain applicable data protection laws give you a right to receive information about the personal data we hold on you. You may also have the right to ask us not to process your personal data for marketing purposes; or where the processing of your personal data is causing unwarranted damage or distress; or, ask us to delete or correct any personal data that we hold about you which is inaccurate or no longer relevant.
To obtain a copy of any information that is not provided on our website you may send us a request at firstname.lastname@example.org. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you. If you wish us to remove personally identifiable information from our website, you may contact us at email@example.com. This may limit the service we can provide to you. When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
14. RETENTION PERIOD FOR PERSONAL DATA
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us: to provide you with the services you have requested; to comply with other law, including for the period demanded by our tax authorities; to support a claim or defence in court.
15. USE OF THE SITE BY CHILDREN
We do not sell products or provide services for purchase by children, nor do we market to children. If you are under 18, you may use our website only with consent from a parent or guardian. We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
17. COMPLAINTS & CONTACT
If you complain about any of the content on our website, we shall investigate your complaint. If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
(Last updated 1st February 2018)
2. WHAT ARE COOKIES?
Cookies are small pieces of data that are stored on your computer, or other device when you access a website. Pixels, also known as web beacons or web bugs, are small blocks of code on webpages and in emails that do things like allow another computer server to measure viewing of a webpage. These are often are used in conjunction with Cookies. Cookies enable our computer servers to collect information from your computer or device about how you interact with our Site. You can find more background information about cookies at: www.allaboutcookies.org.
Cookies will never be used by us to collect your sensitive personal data or financial details, such as credit card information. You can disable Cookies by adjusting the settings on your web browser (e.g. Internet Explorer; Safari; Chrome; Firefox or Opera) although this may affect your ability to fully utilise our Site.
Authentication: to recognise you if you are signed in to our Site.
Performance: Some Cookies may collect information about user visits to our Site, for example which web pages visitors use most often. We might also use these performance Cookies to highlight services which we think will be of interest to you based on your previous use of our Site [To help us monitor visitor traffic to our website and understand how our Site is used, we have enabled a third party software tool ‘Google Analytics’ to collect data about our Site traffic. Visitors have the ability to opt-out of Google Analytics features we use. For more information please click here. Performance cookies like these do not routinely collect information that personally identifies a visitor by name so the impact on your personal privacy should be minimal.
Functionality: Some Cookies allow our Site to remember information from your previous visits, such as contact details you previously submitted. For example, when you complete an online form (such as when you register for a service) we will use a cookie which (if you agree) will help remember your details if you use the same computer to complete another form on our Site without you having to re-enter them. These Cookies may also be used to provide information you request such as publications or newsletters.
4. STRICTLY NECESSARY COOKIES
Some Cookies are essential in order to enable you to navigate our Site or to enable you to receive a particular service you have requested. Such Cookies are regarded as ‘strictly necessary’ and we do not need to ask your permission to use them.
5. THIRD PARTY COOKIES
Our Site may also allow third parties to download Cookies to your device. For example if you choose to ‘share’ content from our Site with friends through a third party site such as Facebook or another social network, you may be sent Cookies from these third party service providers over which we have no control. If you choose to share such content, you should check the relevant third party services provider’s terms/policies for more information about cookies that they use.