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Tuesday, 24 February 2009 15:51
Written by AllAboutBikes Editor
All About Bikes Privacy
This document declares the undertakings by All About Bikes in relation to its handling of Your Data.
* Data Collection
* Data Security
* Data Use
* Data Disclosure
* Data Retention and Destruction
* Access by You to Your Personal Data
* Information about Data Handling Practices
* Handling of Enquiries, General Concerns and Complaints
* Changes to These Privacy Undertakings
All About Bikes undertakes to collect Your Data by means that are:
* legal; and
If you visit the All About Bikes web-site, your web-browser automatically discloses, and All About Bikes web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as AllAboutBikes.com). This data may or may not be sufficient to identify you.
If you disclose personal data to All About Bikes in conjunction with an identifier such as your name or your credit-card details, All About Bikes will collect Your Data. Moreover, any data that becomes available to All About Bikes through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately below, All About Bikes undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:
* where All About Bikes reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where All About Bikes has a lending exposure to you, and seeks information about your creditworthiness;
* where All About Bikes reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering YourData from other sources. This applies in particular to consumer profile data.
Where All About Bikes collects Your Data from sources other than you, it undertakes:
* to do so only by legal means;
* to do so only with your Consent; and
* to declare to you what sources it uses, and under what circumstances.
All About Bikes undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.
All About Bikes undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
All About Bikes undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
All About Bikes undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
All About Bikes undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by All About Bikes staff-members and contractors. These include:
* training for staff in relation to privacy;
* access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it;
* particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
* reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
* declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
* clear communication of policies and sanctions; and
* processes to audit, to investigate and to impose sanctions.
Use refers to the application of Your Data by any part of All About Bikes, or any staff-member or contractor of All About Bikes in the course of their work.
All About Bikes undertakes to use Your Data only for:
* the purposes for which it was collected;
* such other purposes as are subsequently agreed between All About Bikes and You;
* such additional purposes as may be required by law. In these circumstances, All About Bikes will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
* such additional purposes as are authorised by law (in particular to protect All About Bikes interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to All About Bikes or have committed a breach of the criminal law).
All About Bikes undertakes to use YourData only if it has demonstrable relevance to the particular use to which it is being put.
All About Bikes undertakes to use YourData in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
Disclosure refers to making YourData available to any party other than All About Bikes and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
All About Bikes undertakes to disclose Your Data only under the following circumstances:
* in the course of business being conducted between You and All About Bikes, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, All About Bikes undertakes to exercise control over All About Bikes contractors to ensure that their actions are compliant with these Terms;
* in other circumstances that are directly implied by the purpose agreed between You and All About Bikes at the time of data collection or subsequently. Where Your Data is disclosed in this way, ThisCompany undertakes to exercise control over All About Bikes contractors to ensure that their actions are compliant with these Terms;
* with your consent, or at your request;
* where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, All About Bikes will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
* where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where All About Bikes believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life of health of some person), provided that All About Bikes will apply due diligence to ensure that the exercise of the permission is justifiable.
In all cases, All About Bikes undertakes to disclose only such of Your Data as is necessary in the particular circumstances.
Data Retention and Destruction
Subject to the qualifications immediately below, All About Bikes undertakes:
* to retain Your Data only as long as is consistent with its purpose; and
* to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
* Your Data may be retained in All About Bikes logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
* Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, All About Bikes:
o will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
o will only retain Your Data while that provision is current, and will then destroy Your Data;
* Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect All About Bikes interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to All About Bikes or have committed a breach of the criminal law). In these circumstances, All About Bikes will only retain Your Data while that situation is current, and will then destroy Your Data.
Access by You to Your Personal Data
All About Bikes undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, All About Bikes undertakes to enable access:
* without unreasonable delay; and
* without cost.
All About Bikes undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with All About Bikes (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, All About Bikes undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.
* not to seek access for frivolous purposes, or unreasonably frequently;
* to accept that deletion of some data may not be consistent with the provision of particular services by All About Bikes to you.
Information about Data-Handling Practices
All About Bikes undertakes to make information available to you about the manner in which All About Bikes handles your data:
* in general terms, in a readily accessible manner; and
* in more specific terms, on request.
Where Your Data is disclosed to a contractor, All About Bikes undertakes to make information available to you on request about the manner in which All About Bikes contractors handle your data.
All About Bikes undertakes to ensure that the information provided is meaningful, and addresses your concerns.
* not to seek such information for frivolous purposes, or unreasonably frequently; and
* to accept that the disclosure of excessive detail may harm the security of Your Data and All About Bikes business processes, and may harm All About Bikes commercial interests.
Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about All About Bikes behavior in relation to these Terms, you undertake:
* to communicate them in the first instance:
o to All About Bikes only;
o in sufficient detail;
o through a channel made available by All About Bikes for that purpose;
All About Bikes undertakes:
* to provide one or more channels for communications to All About Bikes, which are convenient to users;
* to promptly provide acknowledgment of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and All About Bikes reference-code for the communication;
* to promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue All About Bikes through any Regulator or the media:
* until and unless All About Bikes has had a reasonable opportunity to respond to the initial communication; and
* while All About Bikes and you remain are conducting a meaningful dialogue about the matter.
All About Bikes declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and All About Bikes, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which All About Bikes is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, All About Bikes draws your attention to the following resources:
* WorldLII Privacy Links
* Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
* Privacy Law Sourcebook 2004, EPIC, Washington DC
* the Australian Privacy Foundation's pages:
o International Instruments Relating to Privacy Law
o Privacy Laws of Countries of the World
o Privacy Laws of the Commonwealth of Australia
o Privacy Laws of the States and Territories of Australia
* Privacy International
Changes to These Privacy Undertakings
All About Bikes undertakes:
* not to materially change these Terms in a manner that reduces the protections for Your Data;
* to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to Your Data in a manner that reduces the protections for Your Data;
* where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
* where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
* to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.
All About Bikes means <www.AllAboutBikes.com & JulianVHoldings LLC.>.
Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that All About Bikes is capable of correlating with you, using such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by All About Bikes. Consent may be express or implicit, but in either case must be informed and freely-given.
AllAboutBikes Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
[You must not use our website to transmit or send unsolicited commercial communications.]
[You must not use our website for any purposes related to marketing without our express written consent.]
[(4) Restricted access
[Access to certain areas of our website is restricted.] We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
[We may disable your user ID and password in our sole discretion without notice or explanation.]
[(5) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to
bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
[Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website [(excluding user content)] is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
[(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;]
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to [AMOUNT].
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with The United States law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of The US.
(16) Our details
The full name of our company is JulianVHoldings.
You can contact us by email to
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