bdifferent.ie PRIVACY AND COOKIES POLICY
By visiting and/or ordering services on this Website, you consent to the collection, use and transfer of your information as set out in this policy, subject to the preferences you express at the time of your registration on the Website or at any time thereafter.
1. INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website or make a bdifferent.ie order through the Website, you may be asked to provide information about yourself including your name and contact details such as email.
2. USE OF YOUR INFORMATION
2.1 Your information will enable us to contact you where necessary concerning our services. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business and for any other statistical or analytical purpose.
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
2.3 Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by mobile messaging (e.g. SMS, MMS etc) as well as by e-mail.
2.4 Where you have indicated accordingly, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you and/or e-mail to help us analyze the information we collect so that we can administer, support, improve and develop our business and services to you.
2.5 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in section 8 below.
2.6 Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside.
3. DISCLOSURE OF YOUR INFORMATION
3.1 The information you provide to us will be stored on our servers in Dublin. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
3.2 If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by telephone, SMS as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in section 8 below and/or by amending your profile accordingly.
3.3 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.4 We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Website Terms and any other agreement; or to protect the rights of bdifferent.ie. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
Your browser also generates other information, including which language the site is displayed in, and your IP address. An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally.
We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above.
5. SECURITY AND DATA RETENTION
5.1 We take steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period in accordance with the purposes for which we have collected such information or as long as the law requires.
5.2 Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
6. ACCESSING AND UPDATING
You have the right to see the information we hold about you (“Access Request”) and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 8 below. In the event that you make an Access Request, we reserve the right to charge a fee of six euro and thirty five cents (€6.35) to meet our costs in providing you with details of the information we hold about you.
b*different.ie website Terms and Conditions
IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which we provide our services ("Website Terms"). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
Please understand that if you refuse to accept these Website Terms, you will not be able to use any products which we offer on our Website.
2.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
2.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned bdifferent.ie or bdifferent.ie’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
2.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
2.1.3 You must ensure that bdifferent.ie’s status as the authors of the material on this Website must always be acknowledged.
2.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a license from bdifferent.ie to do so.
2.2 Except as stated in paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.3 Any rights not expressly granted in these Website Terms are reserved.
2. SERVICE ACCESS
2.1 While bdifferent.ie tries to ensure this Website is normally available twenty four (24) hours a day, bdifferent.ie will not be liable if this Website is unavailable at any time or for any period.
2.2 Access to this Website may be suspended temporarily and without notice.
2.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
3. VISITOR MATERIAL AND CONDUCT
3.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
3.2.1 breaches any applicable local, national or international law;
3.2.2 is unlawful or fraudulent;
3.2.3 amounts to unauthorised advertising; or
3.2.4 contains viruses or any other harmful programs.
3.3 You may not misuse the Website (including by hacking).
3.4 Any comments or feedback that you submit through the Website must not:
3.4.1 contain any defamatory, obscene or offensive material;
3.4.2 promote violence or discrimination;
3.4.3 infringe the intellectual property rights of another person;
3.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
3.4.5 promote illegal activity or invade another’s privacy;
3.4.6 give the impression that they originate from us; or
3.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
3.5 The prohibited acts listed in paragraphs 4.2 to 4.4 above are non-exhaustive. You will pay bdifferent.ie for all costs and damages which it incurs as a result of you breaching any of these restrictions.
3.6 bdifferent.ie will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 4.2 to 4.4.
4. LINKS TO AND FROM OTHER WEBSITES
4.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. bdifferent.ie has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). bdifferent.ie does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
4.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage bdifferent.ie’s reputation or take advantage of it.
4.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by bdifferent.ie where none exists.
4.4 The website from which you link must comply with the content standards set out in these Website Terms.
4.5 bdifferent.ie has the right to withdraw the linking permission at any time.
5.1 While bdifferent.ie tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. bdifferent.ie may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and bdifferent.ie makes no commitment to update that material.
5.2 bdifferent.ie provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
5.3 You are responsible for the security of your password that you used to register with this Website. Unless bdifferent.ie negligently discloses your password to a third party, bdifferent.ie will not be liable for any unauthorised transaction entered into using your name and password.
6.1 bdifferent.ie may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
6.1.1 bdifferent.ie believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
6.1.2 bdifferent.ie believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
6.1.3 If you breach any other material terms of these Website Terms.
6.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
7. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ireland.
8. ADDITIONAL TERMS
8.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
8.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
8.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
8.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email 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.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the actions, legislation, regulations, orders or restrictions of any government.
10.3 Our performance under any contract is 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 find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions 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.
12. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.