Are you ready for GDPR?

Apr 25, 2018

The EU regulation 2016/679 on the protection of personal data of natural persons (GDPR) will become binding from the 25th of May 2018.
The new GDPR introduces important innovations: it is not a simple update of the forms, but a general rethinking of its policy of processing personal data, with sanctions substantially increased for those who disregard it.

In this sense it is fundamental to clarify if and how the new legislation will affect “data controllers” or “data processors” and above all what will be the interventions and procedures to be implemented to be considered “in compliance” with the authority.
Below is the link to the Information Commissioner’s Office (ICO) for a discussion on the legislation:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

Kelmer London office remains available for any clarification and, if you think it is necessary, to recommend suppliers that can support you in the implementation of the procedures above.

You can reach us at:
Telephone: +44 (0)20 7353 9200
Email: london@.kelmer.com

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TERMS AND CONDITIONS

Thank you for visiting draculappd1.sg-host.com (the “Website”). Please read these Terms and Conditions carefully and ensure that you understand them. By accessing and using the Website, you indicate that you accept (unconditionally and irrevocably) these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using our Website and exit immediately.

Information about us

The domain draculappd1.sg-host.com is owned by Kelmer UK Ltd., whose registered address is 3rd Floor East, 12 Bridewell Place, London EC4V 6AP - United Kingdom. Kelmer UK Ltd. is registered in England, incorporation number 05260622.
The Website is operated by Kelmer Middle East LLC, whose registered address is Arenco Tower - Office 807, Dubai Media City, P.O. Box 214525, Dubai - U.A.E.

Modification of Terms and Conditions

We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect. Your continued use of this Website after any change means you have accepted the changed terms and conditions. You should periodically visit this page to review the current terms and conditions.

Access to the Website

Access to the Website is free of charge.
No part of the Website requires payment of any kind in order to access or use it. It is your responsibility to make any and all arrangements necessary in order to access the Website.
Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.

Intellectual Property

All trademarks, copyright, database rights and other intellectual property rights in the content and materials included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations (as well as the organization and lay out of the Website), and software are the property of Kelmer UK Ltd., its affiliates or its content suppliers and is protected by international trademark copyright and database laws and treaties around the world. All such rights are reserved.

This Website is for the your personal, non-commercial use and you may access, view and use it in a web browser (including any web browsing capability built into other types of software or app); download any part of it for caching; print, download or save pages for later and/or offline viewing.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. You also agree not to create and/or publish your own database that features all or any part of this Website without our prior written express consent. Our status (and that of any identified content suppliers or third party links or pointers) as authors of the material on our Website must always be acknowledged.

Link to the Website

You may link to the Website or any page of the Website provided that:
- you do so in a fair and legal manner;
- you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
- you do not use any logos or trademarks displayed on the Website without express written permission;
- you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.

You agree not to link to the Website from any other site the main content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions);
- implies any form of affiliation with us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party;
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

These content restrictions do not apply to content submitted to sites by other users. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Links to other website

This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.

Disclaimers

The content on the Website does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to business consultancy.

We make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We make reasonable efforts to ensure that the content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.

Liability

To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any of its content.

The Website is intended for non-commercial use only. If you are a commercial user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Website.
You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website.
You must not attack the Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Website will cease immediately in the event of such a breach.

Acceptable Using Policy

You may only use the Website in a manner that is lawful. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
- you must not use the website in any way, or for any purpose, that is intended to harm any person or persons in any way.

We reserve the right to suspend or terminate your access to the Website if you materially breach any provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
- suspend, whether temporarily or permanently, your right to access to the Website;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as we deem reasonably necessary;
- any other actions which we deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

Privacy and Cookies

Use of the Website is also governed by our privacy policies. These polices are incorporated into these Terms and Conditions (see “Data Protection”).

Contacting us

To contact us, please email us at info@draculappd1.sg-host.com or using any of the methods provided on the contact page at www.draculappd1.sg-host.com/contact.

Communications from us

If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, interesting news about our services, content updates, service changes and changes to these Terms and Conditions.

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, the cancellation is automatic and immediate.

For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at info@draculappd1.sg-host.com or via www.draculappd1.sg-host.com/contact.

Data Protection

We may use your personal information (name and email) to reply to any communications you send to us; send you important notices and periodical newsletters. We will not pass on your personal information to any third parties.

We will take all reasonable measures to insure your information will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

KELMER GROUP’s privacy policy (GDPR version)

INTRODUCTION

Welcome to the KELMER GROUP’s privacy notice.

Kelmer Group respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively you can download a pdf version of the policy here

Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

EXTERNAL THIRD PARTIES

Service providers acting as processors based in the United Kingdom who provide IT and system administration services, including billing.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, agents and insurers based in the United Kingdom or abroad.
Professional advisers acting as legal representatives of counterparties.
HM Revenue & Customs, regulators and other authorities and agencies acting as processors or joint controllers based in the United Kingdom or abroad who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Data Processing Terms of Business for Suppliers

DATA PROCESSING TERMS

In order that you as a service provider and data processor (referred to as “Processor” or “you” or “your”) may provide or continue to provide certain services (the “Services”) to us, the Business and data controller (referred to as “the Business” or “we”, “us” or “our”), you have agreed that these data processing terms (“Terms”) shall apply (notwithstanding any other terms and conditions applicable to the delivery of the Services to the contrary) in order to address the compliance obligations imposed upon the Business and its Clients pursuant to the Data Protection Law. These Terms shall constitute a separate agreement or they may be incorporated by reference in the relevant Services agreement, as the case may be.

BY ACCEPTING ANY MATERIALS FROM THE BUSINESS OR OTHERWISE COMMENCING THE SERVICES (“EFFECTIVE DATE”), YOU AGREE THAT THE PROCESSOR WILL PROCESS BUSINESS PERSONAL DATA IN ACCORDANCE WITH THESE TERMS, WHICH YOU HEREBY ACCEPT FOR AND ON BEHALF OF THE PROCESSOR.

NOW IT IS HEREBY AGREED as follows:

SCHEDULE: Security measures

Processor shall put in place the following measures, as applicable.

Minimum technical measures

Firewalls which are properly configured and using the latest software;
user access control management;
unique passwords of sufficient complexity and regular expiry on all devices;
secure configuration on all devices;
regular software updates, if appropriate, by using patch management software;
timely decommissioning and secure wiping (that renders data unrecoverable) of old software and hardware;
real-time protection anti-virus, anti-malware and anti-spyware software;
https;
encryption of all portable devices ensuring appropriate protection of the key;
encryption of personal data in transit by using suitable encryption solutions;
multi-factor authentication for remote access;
WPA-TKIP secured WiFi access;
delinquent web filtering and other appropriate internet access restrictions;
intrusion detection and prevention systems;
appropriate and proportionate monitoring of personnel; and
data backup and disaster recovery measures and procedures.

Minimal organisational measures

Vet all personnel including staff, contractors, vendors and suppliers (including Subprocessors) on continuous basis;
non-disclosure agreements used with all personnel;
regular training of all personnel on confidentiality, data processing obligations, identification of Security Breaches and risks;
apply principle of least authority, including a restricted or strictly controlled transit of data and material outside of office;
physical security on premises including reception or front desk, security passes, clean desk policy, storage of documents in secure cabinets, secure disposal of materials, CCTV, etc.;
apply appropriate policies including Information Security Policy, Data Protection Policy, BYOD, Acceptable Use Policy; limited and monitored personal use of work resources, as appropriate.