TERMS OF USE

Acceptance of Terms

RedRisks (“RedRisks”) provides consultancy services, online media, eProducts and website services to you subject to the following Terms and Conditions.

If you do not agree to the T&C, then you should not use the RedRisks website and associated products.

1 Introduction

1.1 Access to and use by you of the any digital downloads is subject to these T&C.

1.2 The ordering of the any digital downloads constitutes your acceptance of these Terms and Conditions that take effect at the time of your order.

1.3 Please read these Terms and Conditions carefully. By purchasing a digital download(s) you are accepting that you agree with these Terms and Conditions.

1.4 RedRisks reserves the right to change these Terms and Conditions at any time. You are responsible for checking the RedRisks website (www.redrisks.com) to obtain notice of any such changes. Continued use by you of the digital downloads following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.

1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

1.6 These Terms and Conditions shall be governed by and construed in accordance with English Law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.

1.7 The failure of RedRisks to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

1.9 For the purposes of these Terms and Conditions, a user is defined as the person in charge of the product downloaded and/or the person placing the order.

2 Access to Digital Downloads

2.1 Whilst RedRisks endeavours to ensure that the Digital Downloads are available 24 hours a day, RedRisks will not be liable if for any reason they are unavailable at any time or for any period. RedRisks does not guarantee the functions contained in the downloads will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.

2.2 Access to this the digital downloads may be suspended temporarily, without notice. RedRisks shall not be liable to the user or any third party for the suspension of the licence.

3 Information and Links on the Digital Downloads

3.1 Whilst RedRisks endeavours to ensure that the information on our digital downloads is correct, no warranty, express or implied, is given as to its accuracy and RedRisks does not accept any liability for error or omission.

3.2 Downloads may from time to time contain links to third party websites which are controlled and operated by parties other than RedRisks. RedRisks is not responsible for the contents of any linked sites. Access by you to a linked portal is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this portal comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.

3.3 The inclusion of any link to a third party site or of advertising of third party goods or services on our downloads does not imply any endorsement by RedRisks of the linked websites or of any advertised goods or services.

3.4 We welcome the reporting of any errors found in our Digital Downloads or information relating to products and services. Please get in touch using the Contact form provided on the website.

4 Limitation and Exclusion of RedRisks Liability

4.1 RedRisks shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Digital Downloads, or any material contained in it, or from any action or decision taken as a result of using our downloads or any such material.

4.2 Nothing in these Terms and Conditions shall limit RedRisks liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.

4.3 RedRisks entire liability to you in contract, tort (including negligence) or otherwise will be limited to the cost of the Product downloaded.

4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.

4.5 Users of any RedRisks product purchased from RedRisks are solely responsible for their own safety, both physical and digital.

5 Use by you of our Digital Downloads

5.1 You must use our Digital Downloads in a lawful manner consistent with all applicable laws and regulations.

5.2 You must not use our Digital Downloads or any connected service to:

5.2.1 To send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person’s intellectual property rights;

5.2.2 To send unsolicited emails or messages or to collect or store personal data about other users of the digital downloads without their consent or for any other purpose in breach of the Data Protection Act 1998;

5.2.3 To carry out any activities to obtain lists of users;

5.2.4 to use or transmit through our Digital Downloads any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this portal;

5.3 You agree to indemnify RedRisks and hold RedRisks harmless against any claims, and reasonable costs or expenses resulting from your use of our digital downloads or related services in breach of clause 5.

5.4 Use by you of our Digital Downloads is subject to our fair use policy which is determined by the sole discretion of RedRisks. Should RedRisks consider your Digital Download use to be in breach of what RedRisks considers to be fair use, RedRisks reserves the right to terminate applicable Digital Download licences immediately and without notice.

5.5 Use by you of Digital Downloads in breach of this clause 5 entitles RedRisks to terminate immediately your access, licence and use of RedRisks Digital Downloads.

6 Proprietary Rights

6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in our Digital Downloads, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of RedRisks.

6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from RedRisks and any other documents or items prepared or produced in relation to the RedRisks belong to us absolutely. The names, images and logos identifying RedRisks are propriety marks of RedRisks:

6.3.1 Use of documents and related graphics contained within the downloads, the downloads themselves are for non-commercial use only;

6.3.2 Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use only;

6.3.3 No part of the content contained within our Digital Downloads may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without RedRisks prior written permission.

6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this portal or from resources downloaded or created from our Digital Downloads are prohibited without the prior express written authorisation of RedRisks.

6.5 Any rights not expressly granted in these Terms and Conditions are reserved to RedRisks.

7 Terms of Sale

7.1 Refunds and cancellations

7.1.1 All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(s) once delivery has started, including via download or by us making it available to you attached to an email or via the cloud. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not refund nor accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page. Once you purchase a Digital Download we make it available to you immediately or within 2 working days, you are responsible for downloading (if applicable) and confirming your ability to access downloads, including retrieving the licence key for the downloads if applicable, and bear all risk of loss after downloading the Digital Download or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact RedRisks for assistance.

7.1.2 Where we are unable to fulfil the licence (if applicable) for the download you have ordered, we will issue you with a refund within 7 days of your order, by crediting the card with which you paid for your order.

7.2 Authorisation

7.2.1 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.

7.3 Legal interpretation

7.3.1 The materials provided by RedRisks cannot be relied upon for legal interpretation. Neither RedRisks nor its employees, trainers or consultants can accept responsibility for the actions of a licenced or sub users, or responsibility for any loss incurred as a result of relying on the digital downloads.

8 Privacy Policy, Security and Data Protection Policy

Refer to our Privacy Polcies

9 Currency and Export Restrictions

9.1 All orders processed will be conducted using the currency stated for the Product to be downloaded, typically USD or GBP.

10 Your Licence

10.1 By purchasing a Digital Download, use are buying a Digital Product / License from RedRisks allowing you to access and use the Digital Download for the duration stated (if applicable). On purchasing a download you authorise us to charge your credit card immediately. If applicable, at the end of your 12 month licence period, your license will automatically renew, unless you inform us with 30 day’s notice that you would like to cancel your licence.

10.2 On termination of the licence (if applicable) for any reason, RedRisks reserve the right to withdraw all rights granted under the licence and the you shall discontinue the use of all material relating to the digital download across the whole organisation.

11 Registration

11.1 Only direct purchasers of the digital product may use and access the digital downloads.

By accessing and using our digital downloads , you agree that:

(i) you will not do anything which would assist anyone to gain access to the digital downloads; and

(iii) you will seek to modify the downloads; nor will you seek to pass off the content as your own.

You agree to notify us immediately if you become aware of any unauthorised use of the digital downloads within your business or organisation.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your license (if applicable) immediately and without prior notice.

We may terminate your license, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.

12 Reasonableness

By using our digital download, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the downloads.

Last Updated: 4th August 2022

PRIVACY POLICY

Your data protection and privacy are important to us, so please read on.

Introduction

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.redrisk.com

By providing us with your data, you warrant to us that you are over 13 years of age.

RedRisks is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

What Data Do We Collect About You, For What Purpose and On What Grounds We Process It

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, or purchase details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which are to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information contact us via this form. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

How We Collect Your Personal Data

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy (below) for more details about this.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

We may also receive data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

Marketing Communications

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

We will not share your personal data with any third party for their own marketing purposes.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by contacting us via this form at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below:

Service providers who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers
Government bodies that require us to report processing activities.
Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Data Security

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances, we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy (below)

Privacy Policy Changes

Although most changes are likely to be minor, RedRisks may change its Privacy Policy from time to time, and at RedRisks sole discretion. However, RedRisks encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

GENERAL DATA PROTECTION REGULATION (GDPR) POLICY

The General Data Protection Regulation (GDPR) states that when we collect people’s personal data we must, in return, provide certain information to those people, such as our identity and how we intend to use their information. Under the GDPR we have to tell you our lawful basis for processing the data, our data retention periods and that you have a right to complain if you think there is a problem with the way that we are handling your data. This is also the purpose of the Privacy Policy (below).

Your Legal Rights

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

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

If you wish to exercise any of the rights set out above, please contact us via this form.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.