Privacy Policy and T&C

PRIVACY POLICY

PROTECTING YOUR PRIVACY

Our Privacy Policy explains the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
We know there is a lot of information here but we want you to be fully informed about your rights, and how the IBR Business Solutions Ltd operating as PhotoSailing.co.uk and Ian Badley Photography uses your data.

For example: We need you name and address to delivery your order to you; We need your email address to send you a quote you have requested or to answer queries.
We do hope the following sections will answer any or your questions but if not, please do get in touch with us. In the future we may have to update this Privacy Notice but we will notify you of any significant changes. You are more than welcome to come back and check it whenever you wish of course.

NO THIRD PARTY MARKETING OR MAILING
Your privacy is of the highest importance to us. We promise never to release your personal details to any outside company for mailing or marketing purposes.

WHO IS THE DATA CONTROLLER?
This is the privacy policy of PhotoSailing operating under IBR Business Solutions Ltd which is notified with the Information Commissioner, under the Data Protection Act 1998, as the Data Controller for the purposes of handling data.

WHAT WE USE THE DATA FOR
Your information will not be used for any other reason other than to process your quotations, fulfil your orders and to keep you informed of new products and offers that may become available.
For example:
We need your name and address to know where to send your ordered products to.
When you have asked for a quote, we need your email address to provide this to you.
We keep you informed of special offers by email.

WHAT DATA DO WE HOLD
The amount of personal data you provide to us is your choice. If you are requesting information by post, you need to give us your address; if you are signing up for our newsletter, we need your email address and name, etc. The personal data collected can include your name, address, contact details and interests/preferences relevant to you or your orders.

Sometimes we use cookies to see how and when visitors use our site. Cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on data such as the total number of visitors and pages viewed and this information is most easily tracked with cookies. While both of these activities depend on the use of a 'cookie', you always have the option of disabling cookies via your browser preferences. We use clear GIFs or pixel tags (also known as 'Web beacons') placed on some of our web pages and in e-mails which, in a similar way to our use of cookies above, allow us to analyse the specific usage patterns of visitors. We may acquire supplementary information from other sources and add such information to our files, eg: a fax number.

HOW DO WE COLLECT DATA FROM YOU
We collect data from you
When you visit any of our websites and use your account to buy products and services
When you make an online purchase
When you create an account with us.
When you purchase or order a product, brochure or quote by phone
When you engage with us on social media.
When you download or install one of our apps.
When you contact us by any means with queries, complaints etc.
When you enter prize draws or competitions.
When you choose to complete any surveys we send you.
When you comment on or review our products and services.
When you fill in any forms on line.

THE LEGAL BIT - Explaining the legal basis we rely on
The General Data Protection Regulations provide certain reasons for us to collect data from you. Most are obvious. We have reviewed our Privacy Policy in line with these Regulations and do not fall into the High Risk category as defined by the regulations.

We collect data for:
Contractual obligations
We need your personal data to fulfil our contractual obligations.
For example: When you order a product from us, we’ll need your name and address details to deliver your purchase, and also pass them to our courier.

Legal compliance
If the law requires us to, we may need to collect and process your data.
For example: If the law requires us to pass on details of people involved in fraud or criminal activity to law enforcement, we would need to.

Legitimate interest
We require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights or freedom of interests.
For example:
If you make a quote or purchase from us for promotional products, it is reasonable for us to send you information on special offers or new promotional products we may have. We would NOT send you information on handbags!

We also combine the products you buy and the quotes you make with those of many other customers to identify trends and maintain demand or develop new products or services for all our customers.

Consent
In specific situations, we can collect and process your data with your consent.
For example: When you say that you want to receive information..

When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service.


YOUR RIGHTS
Please note that most of the details we obtain from you are necessary to fulfil your order for product, brochure or quote. Without them we cannot do so. In the case of purchases, our purchase contract becomes void without those details.
You have the right to request:
You have the right to request a copy of the personal data we hold about you, for the purposes of correcting inaccuracies, incomplete or out of date entries. This will be supplied to you in a posted letter, in accordance with statutory time limits.
You have the right ask us to stop using your personal data for direct marketing (either through specific channels, such as email, post or telephone or all channels).
You have the right to ask us to stop any consent-based processing of your personal data after you withdraw that consent.
You can amend your details in the preferences section of you on line account.
Where we rely on our legitimate interest to send you information, you can ask us to stop doing so if connected with your personal situation. We will then do so unless we have an overriding reason to continuing to process your data..
How can you stop the use of your personal data for direct marketing??
There are several ways you can stop direct marketing communications from us:
Click the ‘unsubscribe’ link which is included on all marketing email communications that we send you. We will then stop any further emails unless you subsequently request more offers or information again.
Write to IBR Business Solutions Ltd, Buldowne Walk, Lymington SO41 6DU
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated

HOW LONG DO WE HOLD YOUR DATA FOR?
We only keep any data we collect from you for as long as is necessary for the purpose for which it was collected.
At the end of that time, your data will either be deleted or anonymously combined with others in a non identifiable way for statistical analysis and business planning.

SAFE SHOPPING GUARANTEE
SECURITY
Protecting the security of all personally-identifiable information is of the utmost concern to us, so we have taken technical and organisational measures to protect the security of your personal data. Once we receive your information, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take all reasonable steps to ensure the security of our users' personal information and maintain their privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of such personal information.

SECURITY GUARANTEE
We do not store credit card details nor do we share customer details with any 3rd parties for marketing.
Our website uses a secure server which uses SSL technology (secure sockets layer) to make sure that all your details are completely secure. Every time we receive an order, we use fraud checking systems as well as authentication processes before we fulfill it.
When you use our website, the secure server will encrypt all of the personal information you send us, including credit or debit card number and name and address. Encryption turns the information you enter into bits of code which are then securely transmitted to us over the Internet. We will take all reasonable measures to keep your personal information, order and payment details secure.

PAYMENT CARD SECURITY
Where you enter your credit card details for an online transaction, that data is only used by our Secure Payment Processor to process your payment and is not subsequently stored by us. At IBR Business Solutions Ltd we are committed to protecting you against unauthorised transactions and ensuring that our payment process is as safe and secure as possible. As well as our SSL technology (mentioned above), we have implemented extra levels of security to protect your online transactions.
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, IBR Business Solutions Ltd will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). By ordering from the PhotoSailing.co.uk website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order.
We will ask for your security code when you enter your card details. This is the last three digits on the signature strip on the back of your debit or credit or card. It guarantees that you physically have the card when you order and ensures that fraudulent orders cannot be placed with your card number alone.

TERMS & CONDITIONS
CLAUSE 1
These terms and conditions apply to all orders and supersede all others. Receipt of order confirmation from you, constitutes your acceptance that our conditions apply to the contract notwithstanding any purported terms put forward by you.
CLAUSE 2
Payment is required before any order is processed unless credit facilities have been approved with us in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. These terms apply unless special settlement terms have been agreed by us in writing. Credit facilities may be withdrawn without notice.
CLAUSE 3
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the rights to invoice any such discounts to accounts, which become overdue.
CLAUSE 4 - PASSING OF TITLE AND RISK
4.1 The risk in the goods shall pass to you on delivery.
4.2 All goods, delivered or not, remain our property until payment is received in full.
4.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
CLAUSE 5 - PRODUCTS AND PRICES
We reserve the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues and website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Where applicable all prices quoted are subject to VAT at the current rate unless stated specifically otherwise.
CLAUSE 6 - QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any charges in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. E & OE.
CLAUSE 7 - PRICES
Where applicable all prices quoted are subject to VAT at the current rate unless stated specifically otherwise.
CLAUSE 8 - DELIVERY
8.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the dates of such delivery.
CLAUSE 9 – MONITOR DISPLAY DIFFERENCES
9.1 Finished prints cannot show the same luminescence or colours to match what is seen on individual monitors. We use calibrated monitors and International Color Consortium (ICC) colour profiles for each print paper used to normalize each print produced. Orders are accepted on this basis only.
CLAUSE 10 - CLAIMS
10.1 Claims arising from damages or partial loss in transit must be made in writing to us, so as to reach us within 7 days of delivery.
10.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach is with 7 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract.
10.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted in the delivery note at the time of delivery.
CLAUSE 11 - LIABILITY
11.1 Save in so far as defects in the goods cause to death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the good.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the statutory rights of the consumer.
CLAUSE 12 - CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
CLAUSE 13 - SAMPLES
Samples can be ordered on request and dispatched on payment for the sample and delivery.
CLAUSE 14 - OVERDUE ACCOUNTS
14.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has received and cleared into our bank account. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
14.2 We reserve the right to charge you for any legal collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
CLAUSE 15 - QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
CLAUSE 16 - ARTWORK AND PRINTING
16.1 All bespoke artwork and printing charges will be levied where necessary unless previously stipulated by us.
CLAUSE 17 - FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising or any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
CLAUSE 18 - MONITORING OF TELEPHONE CALLS
For security and training purposes telephone calls may be recorded. Information given in the course of a telephone call will comply with our Privacy Policy.
CLAUSE 19 – THE BUSINESS
Ian Badley Photography, PhotoSailing.co.uk, Ian Badley Prints and Pictures are operating names of the encompassing company of IBR Business Solutions Limited. Registered no. 03842719 in the UK.