Last Updated: March 30th, 2021
This Policy is subject to change at any time and from time to time without notice in Peter & Clark’s sole and absolute discretion. You can determine when this Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Policy will become effective upon posting of the revised Policy on Peter & Clark’s website. If You don’t agree to any changes to this Policy, please stop using the Services. Your access and use of the Services following such changes constitutes Your acceptance of the revised Policy then in effect. You should in any event periodically review this Policy to assure that this Policy aligns with Your needs and expectations, as they may also change from time to time.
Peter & Clark is fully committed to the protection of Your privacy at all times. The information contained in this Policy is to inform you of the way in which Data (defined below) collected from the use of the Services will be used. Please read this Policy carefully in order to fully understand how We treat Data.
Data We May Collect From You
- Contact Data- data collected on Our contact forms that You complete and send Us, and from other information You choose to provide Us, such as through emails or other communications with Us.
- Marketing and Sales Data- data collected when You respond to Our marketing or You purchase or Our Services.
- Log Data- data your browser sends whenever You use the Services. Log Data may include information such as Your computer’s Internet Protocol (“IP) address, browser type, browser version, the pages of Our Services that You visit, the time and date of Your visit, the time spent on those pages and other statistics. Collection, monitoring and analysis of Your access and use of Our Services may be obtained from third party services such as Google Analytics.
To the extent that the Data that Peter & Clark collects may be considered “Personal Data” as defined in and subject to the Data Protection Laws (defined below), Peter & Clark asks for Your explicit consent to process the Data. When You access and use Our Services, You are agreeing to this Policy and are deemed to have provided Your consent to Our collection, storage, use and disclosure of Personal Data described in this Policy. You can withdraw either by not accessing or using the Services.
“Laws” means, collectively, all laws, directives, regulations, rules, codes, guidance and similar legislative or administrative actions by any national, provincial, state or local government or body.
“Data Protection Laws” means, collectively, all Laws relating to the protection of Personal Data including the EU Data Protection Directive 95/46/EC, the EU General Data Protection Regulation 2016/679, the EU ePrivacy Directive 2002/58/EC, as amended or superseded from time to time, (collectively, the “EU GDPR Law”) and any implementing or additional Laws.
The Services are not directed to individuals under the age of thirteen (13). You and Users must be thirteen (13) years and older to access or use the Services. As a result, We do not specifically collect information about children.
For the purposes of the Data Protection Laws, in relation to any Personal Data You or any Users submit to the Services, You will be the data controller and Peter & Clark will be a data processor of such Personal Data. Our website is operated internally and hosted on Our IT partner’s server. This third party operates in Luxembourg and stores its data in Europe. No access to Personal Data is granted to this partner, except during site maintenance.
As the transmission of data via the Internet cannot be assumed completely secure, Peter & Clark cannot guarantee the security of Your or a User’s Personal Data; you are therefore responsible for any risk associated with such transmissions. We will take reasonable steps to maintain appropriate technical and organizational measures designed to protect the Personal Data You and Users provide to Us against accidental or unlawful access to the Personal Data. No set of safeguards is perfect or can anticipate all cyberattacks or other unlawful acts, however, and We do not guarantee the security of Personal Data.
Use of Your Personal Data
The Personal Data You and Users provide Us is based on the consent you have given when You and Users access and uses the Services. The Personal Data may be used in any of the following ways:
- To administer and provide You and Users will access and uses of the Services
- To establish accounts, provide the Services, respond to Your and User inquiries, and invoice and collect for Services rendered
- To analyze, evaluate, personalize, and improve the Services and Our business, and develop new products and services
- To protect against misuse and enhance security for You and Users
- To comply with applicable Laws, court orders and government and law enforcement agencies’ demands or requests
Disclosure of Your Personal Data
We will never supply Your or User’s Personal Data to third parties unless under the conditions stated below in this section of the Policy. Notwithstanding the foregoing, You acknowledge and agree that We may aggregate and anonymize Your and User’s Personal Data and use and share such aggregated and anonymized Personal Data with third parties for statistical purposes and for the purpose of data analytics, and product and service development and/or improvement.
We will not intentionally disclose Your or User’s Personal Data to any third parties, with the exception of the following circumstances:
- Affiliates and service providers in the provision, distribution, delivery, support and development of the Services, including the storage and processing of Personal Data
- Fraud prevention agencies
- Required by Law or legal process (such as court orders), law enforcement agencies, regulators, courts and public authorities
- Emergency services
- In the event We sell or transfer all or a portion of Our business or assets
- With Your consent
No data transmission over the Internet or data storage system can be guaranteed to be 100% secure. We don’t represent, warrant or guarantee that Your and User Personal Data can’t be accessed and used by hacking and other fraudulent or illegal activity.
Retention of Your Personal Data
Your Rights and How to Exercise Your Rights
You retain at all times the right to access/amend/delete any Personal Data We hold about You or to object to, or restrict, the purposes for which Personal Data is used.
Under the EU GDPR Law, You have the right to access and verify Your Personal Data, rectify Your Personal Data, “Be Forgotten”, understand the limitations of the Personal Data We collect, and refuse to permit Us to collect any Personal Data, and receive a copy of Your Personal Data.
You undertake to notify Users of this Policy and of their rights under the Data Protection Laws.
Should you have any questions or would like to access the Personal Data or take any action toward the Personal Data We have about You, please send Peter & Clark an email at: dpo@peterandclark. We will respond to Your request, query or complaint promptly.
“Cookies” are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to Your browser from a website and stored on Your computer’s hard drive.
Governing Law; Exclusive Dispute Forum
This Policy shall be governed by and interpreted in accordance with the internal laws of the Grand-Duchy of Luxembourg excluding any conflict of laws principles.
All claims and disputes under or arising out of this Policy shall be exclusively resolved by arbitration at the Arbitration Center of the Chamber of Commerce of the Grand-Duchy of Luxembourg in accordance with its Rules of Arbitration and before a single arbitrator whose costs and fees shall be split equally between the parties. The arbitrator’s decision shall be final and binding and may be entered as a judgement in any court having jurisdiction.
If You have any questions concerning this Policy, please send Peter & Clark an email at: firstname.lastname@example.org
This license does not include: (a) modifying or otherwise making any derivative works or uses of the Services, or any portion thereof; (b) use of any data mining, robots, or similar data gathering or extraction methods; (c) downloading of any portion of the Services, except as expressly permitted by the Services; and (d) the use of the Services other than for their intended purposes. Any unauthorized use may also violate applicable laws including, without limitation, copyright and trademarks laws, and other local, state, national and international laws, rules and regulations (collectively, “Laws”).
You agree not to misuse the Services or help or assist anyone else to do so.
Without limiting the foregoing, You agree not to create, post, upload, transmit, distribute, store, or otherwise publish on or through the Services any of the following:
- content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent, or otherwise objectionable;
- content that promotes or advocates bigotry or hatred against any person or group of persons based on any protected category under applicable Laws including, without limitation, based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment, or that stalks, intimidates, threatens or harasses or causes discomfort to any User or other person;
- content that violates or would create any liability under any Laws in any way, or that would constitute or encourage or provide instructions for a criminal offense, or that would violate the privacy or legal rights of any person;
- content that constitutes or involve unsolicited or illegal promotions, advertising or solicitations;
- content that would constitute or include false-source identifying information (e.g. “spoofing” or “phishing”), or otherwise impersonates any User or other person or otherwise misrepresents who You are, or who You represent or are affiliated with;
- content that constitutes or includes any corrupted data, virus or other malware, or constitutes or includes a denial-of-service attack or spam, breaches or otherwise circumvents or attempts to circumvent any filtering, security or authentication measures, probes, scans or tests the vulnerability of the Services, any system or network, or otherwise interferes with, or disrupts or is destructive of the Services, any User, host, network or system; or
- content that sells the Services, or promotes or advertises any products or services, or sends unsolicited communications, promotions or advertisements, or constitutes a chain letter or pyramid scheme.
Disclaimer; Services “As Is”
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, THE AGREEMENT OR OTHEWISE TO THE CONTRARY, PETER & CLARK AND AFFILIATES, SUPPLIERS, DISTRIBUTORS AND BUSINESS PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THEIR AVAILABILITY, FUNCTIONALITY, ACCURACY OR RELIABILITY, OR YOUR ACCESS OR USE THEREOF, OR THAT THEY ARE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, ARE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PETER & CLARK EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, DATA, CONTENT AND MATERIALS CONTAINED THEREIN.
Peter & Clark reserves the right in Our sole and absolute discretion to change any and all content contained on or through the Services, and to modify, suspend or discontinue all or any part of the Services or any features or functionality of the Services at any time and from time to time without notice and without obligation or liability to You or anyone else. References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with Us, or any right, title or ownership of or in or to such third party’s content, trade name, trademark or other intellectual property rights owned or licensed by anyone else.
Limitations of Liability
PETER & CLARK DOESN’T EXCLUDE OR LIMIT ITS LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, THE AGREEMENT OR OTHERWISE TO THE CONTRARY: (A) IN NO EVENT SHALL PETER & CLARK OR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOST BUSINESS, LOST OPPORTUNITY OR LOST, CORRUPTED OR INTERCEPTED DATA, REGARDLESS OF THE LEGAL THEORY OR CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT PETER & CLARK OR ANY AFFILIATE IS AWARE OR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETER & CLARK AND AFFILIATES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES EXCEED AN AGGREGATE OF ONE UNITED STATES DOLLAR (US$1.00), REGARDLESS OF THE LEGAL THEORY OR CAUSE OF ACTION.
Entire Agreement; No Third-Party Beneficiary
Governing Law; Exclusive Dispute Forum
These Terms of Service shall be governed by and interpreted in accordance with the internal laws of the Grand-Duchy of Luxembourg excluding any conflict of laws principles.
All claims and disputes under or arising out of these Terms of Service shall be exclusively resolved by arbitration at the Arbitration Center of the Chamber of Commerce of the Grand-Duchy of Luxembourg in accordance with its Rules of Arbitration and before a single arbitrator whose costs and fees shall be split equally between the parties. The arbitrator’s decision shall be final and binding and may be entered as a judgement in any court having jurisdiction.
If You have any questions concerning these Terms of Service, please send Peter & Clark an email at: email@example.com