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Privacy Policy
NOCTUA SOLUTIONS LIMITED as the Owner and Provider of the Website www.noctuasolutions.co.uk. Privacy policy This privacy policy applies between you, the User of this Website and Noctua Solutions Ltd., the owner and provider of this Website. Noctua Solutions Ltd. takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully. CONTENTS 1. DEFINITIONS AND INTERPRETATION 2. IN THIS PRIVACY POLICY 3. SCOPE OF THIS PRIVACY POLICY 4. DATA COLLECTED 5. OUR USE OF DATA 6. THIRD PARTY WEBSITES AND SERVICES 7. LINKS TO OTHER WEBSITES 8. CHANGES OF BUSINESS OWNERSHIP AND CONTROL 9. CONTROLLING USE OF YOUR DATA 10. FUNCTIONALITY OF THE WEBSITE 11. ACCESSING YOUR OWN DATA 12. SECURITY 13. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA 14. GENERAL 15. CHANGES TO THIS PRIVACY POLICY 1. DEFINITIONS AND INTERPRETATION 1.1. In this Agreement “Data” means collectively all information that you submit to Noctua Solutions Ltd. via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998; “Noctua Solutions Ltd., or us” means Noctua Solutions Ltd., a company incorporated in England and Wales with registered number 9114456 whose registered office is at 714 London Road, Larkfield, Kent, ME20 6BL; “UK and EU Cookie Law” means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011; “User or you” means any third party that accesses the Website and is not either (i) employed by Noctua Solutions Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Noctua Solutions Ltd. and accessing the Website in connection with the provision of such services; “Website” means the website that you are currently using, www.noctuasolutions.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions. 2. IN THIS PRIVACY POLICY In this privacy policy. unless the context requires a different interpretation: a. the singular includes the plural and vice versa; b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy; c. a reference to a person includes firms, companies, government entities, trusts and partnerships; d. "including" is understood to mean "including without limitation"; e. reference to any statutory provision includes any modification or amendment of it; f. the headings and sub-headings do not form part of this privacy policy. 3. SCOPE OF THIS PRIVACY POLICY 3.1. This privacy policy applies only to the actions of Noctua Solutions Ltd. and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites. 4. DATA COLLECTED 4.1. We may collect the following Data, which includes personal Data, from you: a. Name; b. Contact Information such as email addresses and telephone numbers; c. Company Name; d. Enquiry / Comments; in each case, in accordance with this privacy policy 5. OUR USE OF DATA 5.1. For purposes of the Data Protection Act 1998, Noctua Solutions Ltd. is the "data controller". 5.2. We will retain any Data you submit for 6 months. 5.3. Unless we are obliged or permitted by law to do so, and subject to any third-party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group. 5.4. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause 12 below (Security). 5.5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons: a. internal record keeping; b. improvement of our products / services; c. transmission by email of promotional materials that may be of interest to you; in each case, in accordance with this privacy policy. 6. THIRD PARTY WEBSITES AND SERVICES 6.1. Noctua Solutions Ltd. may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website. 6.2. Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the Data Protection Act 1998. 7. LINKS TO OTHER WEBSITES 7.1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them. 8. CHANGES OF BUSINESS OWNERSHIP AND CONTROL 8.1. Noctua Solutions Ltd. may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Noctua Solutions Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us. 8.2. We may also disclose Data to a prospective purchaser of our business or any part of it. 8.3. In the above instances, we will take steps with the aim of ensuring your privacy is protected. 9. CONTROLLING USE OF YOUR DATA 9.1. Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following: a. use of Data for direct marketing purposes; and b. sharing Data with third parties. 10. FUNCTIONALITY OF THE WEBSITE 10.1. To use all features and functions available on the Website, you may be required to submit certain Data. 11. ACCESSING YOUR OWN DATA 11.1. You have the right to ask for a copy of any of your personal Data held by Noctua Solutions Ltd. (where such Data is held) on payment of a small fee, which will not exceed £50. 12. SECURITY 12.1. Data security is of great importance to Noctua Solutions Ltd. and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website. 12.2. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential. 12.3. We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website. 13. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA 13.1. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. These countries may not have data protection laws equivalent to those in force in the EEA. 13.2. If we transfer Data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy. You expressly agree to such transfers of Data. 14. GENERAL 14.1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected. 14.2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected. 14.3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. 14.4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts. 15. CHANGES TO THIS PRIVACY POLICY 15.1. Noctua Solutions Ltd. reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Noctua Solutions Ltd. by email at info@noctuasolutions.co.uk. Dated: 10 January 2018