‘the Company’ means Sonifex Ltd and where relevant includes companies within the same group of companies as Sonifex Limited.
‘the Goods’ means the goods or any part thereof supplied by the Company and where relevant includes: work carried out by the Company on items supplied by the Purchaser; services supplied by the Company; and software supplied by the Company.
‘the Purchaser’ means the person or organisation who buys or has agreed to buy the Goods.
‘the Price’ means the Price of the Goods and any other charges incurred by the Company in the supply of the Goods.
‘the Contract’ means the quotation, these Conditions of Sale and any other document incorporated in a contract between the Company and the Purchaser.
‘the Warranty Term’ is the length of the product warranty which is usually 12 months from the date of despatch; except when the product has been registered at the Sonifex website when the Warranty Term is 24 months from the date of despatch.
This is the entire Contract between the parties relating to the subject matter hereof and may not be changed or terminated except in writing in accordance with the provisions of this Contract. A reference to the consent, acknowledgement, authority or agreement of the Company means in writing and only by a director of the Company.
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(a) No contract is made with the Company until there has been an acceptance by the Company of an order placed by the Purchaser or the Company commences work on the order.
(b) The terms and conditions herein contained shall apply to the Contract and no terms or conditions stipulated by the Purchaser nor any other variation shall have effect unless agreed in writing by the Company.
(c) All brochures, catalogues, price lists, samples, particulars of dimensions and other advertising or descriptive material submitted to the Purchaser are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall not form part of the Contract. The Company reserves the right to make minor alterations to the design specification or construction of the Goods without prior notification to the Purchaser.
(d) The Purchaser shall be responsible for complying with any legislation or regulations (of the United Kingdom or any other country) governing the export and import of the Goods into the country of destination (and any other country through which the Goods pass in transit) and for the payment of any duties thereon. The Purchaser shall fully indemnify the Company against any fines, penalties, costs, claims, damages, losses and expenses suffered by the Company as a result of the Purchaser failing to comply with this Clause 2(d).
(e) If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Purchaser, the Purchaser shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Purchaser’s specification.
(f) The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to specification, which do not materially affect their quality or performance.
(g) If any property of whatsoever nature of the Purchaser is used in connection with the Goods (whether for the purpose of manufacture, display or any other reason) the Purchaser shall indemnify the Company for any loss or claim suffered by the Company as a result of using such property. If such property has not been removed within three months from the date on which the price becomes payable, the Company reserves the right to charge a storage fee.
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(a) Unless otherwise stated, the Price does not include the cost of delivery or packaging.
(b) Where applicable VAT will be levied at the rate prevailing at the time of invoice.
(c) The Price is based on current costs at the date of the Contract. The Company reserves the right, at any time prior to the delivery of the Goods, to adjust the Price to take account of any increase in the costs to it of material labour or services or any currency fluctuations or changes in import duty which increase the costs to it of goods imported into the United Kingdom.
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(a) Unless otherwise specified on the quotation, proforma, or order acknowledgement, payment in full of the Price must be made within thirty days from the date of invoice. We understand and will exercise our right to claim interest under the late payment legislation if we are not paid according to the agreed credit terms.
(b) Should payments not be made in accordance with (a) and the Company deems it necessary to pass the debt to a debt collection agency or to its solicitors, all sums on any account owed by the Purchaser will become immediately due for payment, and the Purchaser will be liable for all costs incurred, in addition to the outstanding account.
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(a) Any times quoted for delivery are estimates only and the Company shall not be liable for the consequence of any failure to deliver within the time quoted.
(b) Delivery of the Goods to a carrier for transmission to the Purchaser, collection from Sonifex by the Purchaser’s own carrier, or the prior delivery of the Goods to the stipulated place of delivery shall constitute delivery to the Purchaser and the risk therein shall, upon such delivery, pass to the Purchaser. Section 32(2) and (3) of the Sale of Goods Act 1979 as amended shall not apply.
(c) Orders may not be cancelled on the grounds of any delay in delivery except by mutual agreement.
(d) The Company does not accept any liability for non-arrival of deliveries or for goods damaged in transit for shipments sent on Incoterms FCA (Free Carrier) or EXW (Ex works). Any shortages, or non-arrival of deliveries, or for goods damaged in transit, for shipments sent on Incoterms DAP (Delivered at Place) are to be notified to the Company with full particulars within two days of receipt of the Goods, or (in the case of non-arrival of delivery) within two weeks of receipt of the invoice. The Purchaser’s signature to a delivery note from the Company’s carrier shall be prima facie evidence of delivery in good condition of the correct quantity of Goods. The consignment and wrappings must be retained for inspection by the Company if there is any claim for shortage or damage on delivery.
(e) Unless otherwise agreed in writing, the Company shall be entitled to make partial deliveries or deliveries by instalments and the terms and conditions herein contained shall apply to each partial delivery.
(f) The Purchaser shall not delay any requested delivery times stated in the Contract without the prior written agreement of the Company.
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(a) The property in all Goods sold to the Purchaser shall remain in the Company until the Company has received payment in full for all the Goods and for all other sums owing to the Company under any other contract between the Company and the Purchaser for which payment is still outstanding.
(b) So long as the property in the Goods remains in the Company, the Company shall have the right, without prejudice to the obligation of the Purchaser to purchase the Goods, to retake possession of the Goods (and for that purpose to go on any premises occupied by the Purchaser). The Company may resell the Goods once they have been repossessed under this clause.
(c) Nothing in this condition shall confer any right upon the Purchaser to return the Goods sold hereunder. The Company may maintain an action for the price notwithstanding that property in the Goods may not have passed to the Purchaser and notwithstanding that the Goods have been repossessed.
(d) Where the Goods are attached to other equipment of the Customer, the Customer agrees that the Goods nevertheless remain as chattels, severable from that other equipment. In particular printed circuit boards and other cards supplied for fitment into personal computers do not lose their separate identity by being fitted into the computer and may be removed by the Company when enforcing this clause 6.
(e) In respect of computer software supplied to the Purchaser, the property in the software and the copyright in the software remains with the Company. In purchasing the Goods, the Purchaser is granted a non-exclusive non-transferable licence to use the software only on the equipment supplied by the Company with the software.
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(a) The Company agrees to repair or (at its discretion) replace Goods which are found to be defective (fair wear and tear excepted) and which are returned to the Company within the Warranty Term provided that each of the following are satisfied:
(i) notification of any defect is given to the Company immediately upon its becoming apparent to the Purchaser;
(ii) the Goods have only been operated under normal operating conditions and have only been subject to normal use (and in particular the Goods must have been correctly connected and must not have been subject to high voltage or to ionising radiation and must not have been used contrary to the Company’s technical recommendations);
(iii) the Goods are returned to the Company’s premises at the Purchaser’s expense;
(iv) any Goods or parts of Goods replaced shall become the property of the Company;
(v) no work whatsoever (other than normal and proper maintenance) has been carried out to the Goods or any part of the Goods without the Company’s prior written consent;
(vi) the defect has not arisen from a design made, furnished or specified by the Purchaser;
(vii) the Goods have been assembled or incorporated into other goods only in accordance with any instructions issued by the Company;
(viii) the defect has not arisen from a design modified by the Purchaser;
(ix) the defect has not arisen from an item manufactured by a person other than the Company. In respect of any item manufactured by a person other than the Company, the Purchaser shall only be entitled to the benefit of any warranty or guarantee provided by such manufacturer to the Company.
(b) In respect of computer software supplied by the Company the Company does not warrant that the use of the software will be uninterrupted or error free.
(c) The Company accepts liability:
(i) for death or personal injury to the extent that it results from the negligence of the Company, its employees (whilst in the course of their employment) or its agents (in the course of the agency);
(ii) for any breach by the Company of any statutory undertaking as to title, quiet possession and freedom from encumbrance.
(d) Subject to conditions (a) and (c) from the time of despatch of the Goods from the Company’s premises the Purchaser shall be responsible for any defect in the Goods or loss, damage, nuisance or interference whatsoever consequential economic or otherwise or wastage of material resulting from or caused by or to the Goods. In particular the Company shall not be liable for any loss of profits or other economic losses. The Company accordingly excludes all liability for the same.
(e) At the request and expense of the Purchaser the Company will test the Goods to ascertain performance levels and provide a report of the results of that test. The report will be accurate at the time of the test, to the best of the belief and knowledge of the Company, and the Company accepts no liability in respect of its accuracy beyond that set out in Condition (a).
(f) Subject to Condition (e) no representation, condition, warranty or other term, express or implied (by statute or otherwise) is given by the Company that the Goods are of any particular quality or standard or will enable the Purchaser to attain any particular performance or result, or will be suitable for any particular purpose or use under specific conditions or will provide any particular capacity, notwithstanding that the requirement for such performance, result or capacity or that such particular purpose or conditions may have been known (or ought to have been known) to the Company, its employees or agents.
(g) (i) To the extent that the Company is held legally liable to the Purchaser for any single breach of contract, tort, representation or other act or default, the Company’s liability for the same shall not exceed the price of the Goods.
(ii) The restriction of liability in Condition (g)(i) shall not apply to any liability accepted by the Seller in Condition (c).
(h) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Purchaser are not affected by these Conditions of Sale.
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The Company shall, at its option, be entitled by notice to terminate all or any of its contracts with the Purchaser forthwith and recover all expenses, losses and damage resulting to the Company including (but without limitation to) loss of profit or other consequential loss if:
(a) the Purchaser has a bankruptcy petition presented against him or a bankruptcy order is made;
(b) the Purchaser makes or seeks to make any composition or arrangement with his creditors;
(c) the Purchaser makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986);
(d) an encumbrancer takes possession of any of the Purchaser’s assets, or any of the Purchaser’s property is taken in execution or process of law;
(e) a petition is presented or an order is made or a resolution is passed for the winding-up of the Purchaser;
(f) a petition is presented or an order is made for an administration order to be made in relation to the Purchaser;
(g) the Purchaser’s directors make a proposal for a voluntary arrangement with the Purchaser’s creditors;
(h) the Purchaser is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
(i) a receiver or administrative receiver is appointed over any of the Purchaser’s assets; or
(j) the Purchaser fails to make any payment owed to the Company on the due date; or
(k) the Purchaser fails to take delivery of or to collect the Goods within 14 days of being notified by the Company that they are to be delivered or are ready to be collected; or
(l) the Purchaser is in breach of the terms and conditions of any contract with the Company (including breach of these Conditions) and shall fail to remedy the same within 7 days of notice specifying the breach and requiring remedy (if the breach shall be redeemable).
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The Company shall not be under any liability of whatsoever kind for nonperformance in whole or in part of its obligations under the Contract due to causes beyond the control either of the Company or the Company’s suppliers including, but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts or defaults of the Purchaser or a third party, failure or delay in transportation, acts of any Government or any agency, or subdivision thereof, Government regulations, judicial actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to the Company or the Company’s suppliers of any item required for the Goods, inability to obtain any item required for the Goods, or shortage of labour, fuel, components, or machinery or technical failure. In any such event the Company may, without liability, cancel or vary the terms of the Contract including, but not limited to, extending the time for performing the Contract for a period of at least equal to the time lost by reason of such event.
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(a) If any of the Purchaser’s obligations to the Company are not fulfilled or the Purchaser’s financial condition at any time does not, in the Company’s unfettered judgement, justify continuance of the Contract on the terms of payment specified, the Company may, without prejudice to any other rights it may have, cancel any outstanding order or suspend any deliveries of any goods unless the Purchaser makes such payment for any of the Goods ordered as the Company may require.
(b) If any order is so cancelled or suspended by the Company, the Purchaser shall indemnify the Company on demand against all losses (including loss of profit), costs (including the costs of all labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation or suspension thereof (the Company giving credit for the value of any such materials sold or utilised for other purposes).
(c) The Company will accept cancellation of orders only on the basis that the Purchaser is prepared to pay cancellation costs to be determined by the Company. These costs will normally depend on the length of time between the cancellation date and the due delivery date with a minimum value of 10% of the Price for the Goods. The Purchaser shall indemnify the Company on demand against all losses (including loss of profit), costs (including the costs of all labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation or suspension thereof (the Company giving credit for the value of any such materials sold or utilised for other purposes).
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The Purchaser shall comply with all instructions of the Company and all legislation in relation to the use, processing, storage or sale of the Goods. Where the Purchaser has to prepare other equipment, its environment or the buildings where the Goods are to be installed, the Purchaser shall carry out such preparation in a suitable way so that the Company can meet its obligations under the Contract.
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Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified on the invoice or such other addresses as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
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The Purchaser shall not assign or transfer or purport to assign or transfer the Contract or the benefit thereof to any other person.
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The Company reserves the right to subcontract the performance of the Contract or the benefit thereof to any other person.
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The contract shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the Contract.
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The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
Commitment to the General Data Protection Regulation (GDPR)
Version: May 2018
The European Union has taken a monumental step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). This is a privacy and data protection regulation that will be in force throughout the European Union (EU) and will be enforceable from May 25 2018. All EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed of. This rule clarifies how EU resident’s personal data laws are applied, internally within the EU and worldwide. Any organization that works with EU residents personal data in any manner, irrespective of location, has obligations to protect the data. Sonifex is aware of its role in providing the right procedures and security to support its employees, customers and suppliers and help meet our GDPR obligations.
To make Sonifex compliant with our obligations under the General Data Protection Regulation we have taken the following steps:
We have made sure that decision makers and key people within the company are aware that the law has changed to the GDPR and they all appreciate the impact that this is having on the way we obtain, record, store and distribute individual’s data throughout the company. We have undertaken training throughout the company and will continue to advise our staff on the GDPR and its impact on the policies, procedures, and responsibilities of staff & stakeholders.
We document what personal data we hold, where it comes from and who we may share it with. We have implemented and acted upon our information audit to improve our data storage systems and security.
We have updated our Privacy Policy to reflect the changes required due to the implementation of GDPR.
We have checked our policies to ensure they cover all the rights individuals have, including how we would delete personal data or provide data electronically and in a commonly used format and have addressed the issues raised.
We have updated our policies and have planned how to handle requests for access within the timescales laid out in the regulations and have procedures to provide any additional information.
We have identified the lawful basis for our processing activity as outlined in the GDPR; we have produced a Legitimate Interests Assessment and have acted upon it to restrict the contact with individuals on our database. We have also used this information to delete out of date information.
We have reviewed how we seek, record and manage consent and have taken steps to implement the changes necessary. We have contacted individuals and where there has been no response or where individuals have requested that their details be removed, and it does not conflict with the legitimate interests, we have removed their data.
We have analysed our systems and company practices and do not store or collect any data related to any persons below 16 years of age.
We have put in place procedures to report and investigate a suspected personal data breach and will notify the data subject and any applicable regulator of a suspected breach where we are legally required to do so.
We are implementing best practice through the creation and continued use of Privacy Impact Assessments, using the latest guidance from the ICO.
We have designated a team of DP Managers to take responsibility for data protection compliance throughout the company. The team have worked on the changes that have taken place and have implemented these changes to update our systems to make them compliant with the new regulations. We are continuing to assess the implications of this change and will review, and if required, enhance our policies and practices to keep up to date with any future changes.
Our company does not operate in more than one EU member state and as such our lead data protection supervisory authority is the Information Commissioner’s Office (ICO) in the United Kingdom.
Under the GDPR you have the right to:-
Request copies of your data, rectification of your data, erasure of your data, object to us processing or restrict the processing of your data and where our systems allow give electronic access to copies of your data in a digital format.
Rectify any errors in information we hold about you and to change or correct any details you have already given us.
See a copy of the information we hold about you. Before we agree to this, you must provide us with sufficient irrefutable evidence of your identity and sufficient details of the information you wish to see to enable us to locate it.
Be removed from any mailing list we hold at any time by contacting us by email:DPO@sonifex.co.uk or by post to the Data Protection Manager, Sonifex Ltd, 61 Station Road, Irthlingborough, Northamptonshire, NN9 5QE, United Kingdom.
Please inform us about changes to your details so that we can keep our records up to date.
We have taken, and will continue to take, steps to ensure that the businesses we work with have suitable security protocols and policies in place to manage and record your data privacy and preferences correctly and that your data is stored securely. The security of your data is paramount.
At Sonifex, we strive to deliver outstanding customer service, earning the trust of thousands of users globally. We have made the required operational changes resulting from the new legislation and will continue to make additional changes as required. We will keep our distributors, customers, partners and regulatory authorities up to date with any major changes. We have an internal team dedicated to the full implementation of our obligations, who will continue to refine the policies and procedures and keep the Company and its operations working within the GDPR guidelines.
For the purpose of General Data Protection Regulation (GDPR), the Data Controller is Sonifex Ltd, whose registered address is: Sonifex Ltd, 61 Station Road, Irthlingborough, Northamptonshire, NN9 5QE, United Kingdom.
Sonifex Ltd is registered with the UK Information Commissioner’s Office – Registration Number ZA237537.
For more information regarding the Sonifex Ltd, implementation of GDPR please email: DPO@sonifex.co.uk or by post to the Data Protection Manager, Sonifex Ltd, 61 Station Road, Irthlingborough, Northamptonshire, NN9 5QE, United Kingdom.
| Policy Title | GDPR Data Protection Policy | ||
| Policy Number, Revision & Draft Date | GDPR-DPP | 02 | 29/05/2018 |
This document provides the policy framework through which effective management of Data Protection can be achieved. The purpose of this policy is to ensure that the Company (Sonifex Ltd) and its staff comply with the relevant regulations and provisions of the General Data Protection Regulations when processing personal data. The policy and subsequent procedures are designed to ensure that the personal data is accurate, fairly obtained or given and subsequently stored in a secure format and location. Any genuine infringement of the regulations will be treated seriously by the Company and may be considered under the Company disciplinary procedures. This policy applies regardless of where the data is held.
The Company is required to adhere to the principles of data protection as laid down by the regulations. In accordance with those principles personal data shall be:
1.1. Processed fairly and lawfully;
1.2. Processed for specified purposes only;
1.3. Adequate, relevant and not excessive;
1.4. Accurate and up to date;
1.5. Not kept longer than necessary;
1.6. Processed in accordance with data subject rights;
1.7. Processed and held securely;
1.8. Not transferred outside Europe without adequate protection;
1.9. Available for review upon request;
1.10. Removeable upon request, if certain criteria are met;
1.11. Controlled and breaches of that data are dealt with correctly.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons (EU residents) with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Computer Misuse Act 1990.
The Payment Card Industry Data Security Standard.
3.1 Sonifex Ltd responsibilities
As the Data Controller the Company and its directors are responsible for establishing policies and procedures in order to comply with the requirements of the relevant regulations.
3.2 Data Protection Manager Responsibilities The Data Protection Manager holds responsibility for:
3.2.1. The Company Data Protection Notification. Details of the notification are published on the Information Commissioner’s website. Anyone who is, or intends, processing personal data for purposes not included in the notification should seek advice from the Data Protection Manager.
3.2.2. Drawing up guidance, giving advice and promoting compliance with this policy in such a way as to ensure the easy, appropriate and timely retrieval of information.
3.2.3. The appropriate compliance with data subject access rights and ensuring that data is released in accordance with data subject access legislation.
3.2.4. Ensuring that any data protection breaches are recorded, resolved and reported appropriately in accordance with the guidance from the Information Commissioner’s Office.
3.2.5. Investigating and responding to complaints regarding data protection including requests to remove or stop processing personal data.
3.3 Staff responsibilities Staff members who process personal data about other staff members, customers and suppliers or any other individual must comply with the requirements of this policy and its related documentation. Staff members must ensure that:
3.3.1. All personal data is kept securely.
3.3.2. No personal data is disclosed either verbally or in writing, accidentally or otherwise, to any unauthorised third party.
3.3.3. Personal data is kept in accordance with the Company data protection policy.
3.3.4. Any queries regarding data protection, including data subject access requests and complaints, are promptly directed to the Data Protection Manager.
3.3.5. Any data protection breaches are swiftly brought to the attention of the Data Protection Manager and they support the Data Protection Manager in resolving the breaches.
3.3.6. Where there is uncertainty around a Data Protection matter, advice is sought from the Data Protection Manager.
3.3.7. Staff who are unsure about who are the authorised third parties to whom they can legitimately disclose personal data should seek advice from the Data Protection Manager.
3.4 Third-Party Data Processors Where external companies are used to process personal data on behalf of the Company, responsibility for the security and appropriate use of that data remains with the Company. Where a third-party data processor is used:
3.4.1. A data processor must be chosen which provides sufficient guarantees about its security measures to protect the processing of personal data.
3.4.2. Reasonable steps must be taken that such security measures are in place;
3.4.3. A written contract establishing what personal data will be processed and for what purpose must be set out.
3.4.4. A contract outlining both parties responsibilities under the General Data Protection Regulations, must be signed by both parties. For further guidance about the use of third-party data processors please contact the Data Protection Manager.
3.5 Contractors and Short-Term Staff The Company is responsible for the use made of personal data by anyone working on its behalf. Managers who employ contractors or short-term staff must ensure that they are appropriately vetted for the data they will be processing. In addition, managers should ensure that:
3.5.1. Any personal data collected or processed in the course of work undertaken on the Companies behalf is kept securely and confidentially.
3.5.2. All personal data is returned to the Company on completion of the work, including any copies that may have been made. Alternatively, that the data is securely destroyed and the Company receives notification in this regard from the contractor or short-term member of staff.
3.5.3. The Company receives prior notification of any disclosure of personal data to any other organisation or any person who is not a direct employee of the contractor.
3.5.4. Any personal data made available by the Company, or collected in the course of the work, is neither stored nor processed outside the UK unless written consent to do so has been received from the Company.
3.5.5. All practical and reasonable steps are taken to ensure that contractors and short-term staff do not have access to any personal data beyond what is essential for the work to be carried out properly.
3.5.6. A contract outlining both parties responsibilities under the General Data Protection Regulations, must be signed by both parties.
4.1. Order Information
To process your order, we require your name, billing address, phone number, email address and credit card information. We use this information to process your order and, if any questions should arise, to contact you about your order. If we need to contact you, we will contact you via email first. If unsuccessful (or time is critical), we will try to contact you by phone.
4.2. Information From Registration Forms
Our site’s on-line forms require you to give us contact information (like your name, email address, organisation name, quote address and phone number). Contact information from the registration forms is used to answer questions, send you information or brochures about the Company and its services, quote you pricing and to send occasional newsletters. You may opt-out of receiving mailshots by using the tick-boxes described below. We may also later use the information to contact you regarding the quote, brochure or information supplied to you.
4.3. Surveys
Our online surveys may ask you for contact information (like email address). Contact information is used to make improvements to our web sites, and to build up bodies of knowledge about effective Internet marketing.
4.4. When Additional Information is Requested
We will try to let you know at the time of collection how we intend to use the personal information you provide, such as respond to your inquiry, accept an order, conduct a survey or allow you to access specific information such as account information, etc. We do our best to maintain the accuracy of any personal information you do supply to us.
4.5. Updating Your Data
You can help us update and maintain the accuracy of any personal information you supply by notifying us of any changes to your address, title, phone number or e-mail address.
4.6. Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We also use this information to help us to make using our web site easier and more enjoyable.
4.7. Web Site Data
In almost all cases, when you go to a web site, web servers log your interaction with the site in something called a log file. Standard log files like ours contain basic information like what time what pages were viewed, and the IP address of the visitor. We use this information to analyse trends, administer the site, track user’s movements, and gather broad demographic information for aggregate use. We make no effort to identify IP addresses with individual users.
4.8. The Company is Responsible for, and May Use, Personal Information as Follows:
4.8.1. to maintain our business relationships;
4.8.2. to process orders and provide agreed goods and services;
4.8.3. for invoicing, processing payments, account set up and maintenance;
4.8.4. to communicate, including to respond to information requests and enquiries submitted and/or to obtain feedback on our products and services;
4.8.5. for record keeping, statistical analysis and internal reporting and research purposes;
4.8.6. to ensure data security;
4.8.7. to notify about changes to our products and services;
4.8.8. to decide on and notify about price changes;
4.8.9. to monitor the quality of our products and services;
4.8.10. for logistical purposes, including to plan and log delivery information;
4.8.11. to investigate and resolve any complaints that are made;
4.8.12. to provide evidence in a dispute;
4.8.13. as we may otherwise consider necessary to obtain credit references, credit checks and for debt collection, fraud detection and prevention and risk management purposes;
4.8.14. to answer your questions;
4.8.15. to send you newsletters and mailshots on Sonifex products and services, either by post, fax or email;
4.8.16. to contact you if you have requested pricing or brochures, or if you have received a quotation from us.
4.9. Sharing Your Information or Allowing Your Information to be Used by Other Companies
Your information will not be shared with individuals or other companies except in the following circumstances:
4.9.1. To third parties that are involved in the processing of your order, for delivering specific services to you (for example, the financial institution that issued your credit card or the courier that delivers your order).
4.9.2. Where we forward your information to one of our distributors so that they can handle your enquiry.
4.9.3. Where you have asked us for information on products and/or services which we cannot provide, we may forward your information to other companies in order that they can help you. This is an unusual situation and usually, we will notify you of this.
4.9.4. Where Sonifex Ltd is sold to, or buys, another company, your information will be shared with this company.
4.9.5. In some circumstances, for email contact and notifications, a third party processor may be used for the distribution. In these circumstances we would only use a highly reputable company with a proven track record, robust privacy policies and security procedures in place.
4.9.6. Unless required by law.
4.10. Protecting Your Privacy, If You Wish
Options exist that allow you specifically to opt-out of receiving any mailshots from the Company.
If you do opt to receive one of our email newsletters or other online publications, these will always contain information on how you may apply to stop receiving them.
By ticking the box, you agree to the conditions listed. If you uncheck the box, you will not be contacted by Sonifex for any reason and we may not be able to trade with you.
The Company is required to permit individuals (Data Subjects) to access their own personal data held by the Company via a data subject access request. Any EU Citizen may exercise this right and should do so in writing to the Data Protection Manager, a charge may be made for this request.
5.1. The Company aims to comply with a data subject access request as quickly as possible but will ensure that it is provided within the 40-calendar day limit as set out in the regulations.
5.2. Individuals will not be entitled to access information to which any of the exemptions in the regulations apply. However, only those specific pieces of information to which the exemption applies will be withheld and determining the application of exemptions will be made by the Data Protection Manager.
5.3. The Company currently charges £10 to make a data subject access request.
5.4. The Company has the right to ask for enough information to judge whether the person making the request is the individual to whom the personal data relates. This is to avoid personal data about one individual being sent to another, accidentally or as a result of deception.
5.5. Before responding to a subject access request, the Data Protection Manager may be required to ask for information that allows for the accurate retrieval of the specific personal data covered by the request.
The regulations introduce a right for individuals to have personal data erased; this is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your personal information where there’s no compelling reason for us to keep using it or its use is unlawful. This is not a general right to erasure; there are exceptions, e.g. where we need to use the information in defence of a legal claim. Individuals have the right to have their data ‘erased’ in certain specified situations – in essence where the processing fails to satisfy the requirements of the GDPR. The right can be exercised against controllers, who must respond without undue delay (and in any event within one month, although this can be extended in difficult cases). The Company aims to comply with an individual’s right to erasure of the data we store about them if this does not conflict with the legal basis for processing and Legitimate Interests Assessment. The right applies in the following cases:
6.1. When the data is no longer necessary for the purpose for which it was collected or processed.
6.2. Individuals can require data to be ‘erased’ when there is a problem with the underlying legality of the processing or where they withdraw consent.
6.3. To processing based on legitimate interests – if the individual objects and withdraws consent to processing and the Data Controller cannot demonstrate that there are overriding legitimate grounds for the processing.
6.4. When we have processed the personal data for direct marketing purposes and the individual objects to that processing.
6.5. When the data retained is otherwise unlawfully processed (i.e. in some way which is otherwise in breach of the GDPR).
6.6. Where we have to erase the data to comply with a legal obligation.
6.7. In addition to creating the right to be forgotten, Article 17 restricts the use of people’s personal data to the original purpose it was collected for. If we wanted to process or use the data in any other way we must get the individuals fresh, clear consent.
6.8. Where the Data Controller has made personal data public, and where it is obliged to erase the data, the Data Controller must also inform other controllers who are processing the data that the data subject has requested erasure of the data. The Company has an obligation to take reasonable steps to achieve this but it may not be possible to erase all available data in the public domain.
6.9. Right to restriction of processing This right gives an individual an alternative to requiring data to be erased; and it also allows the individual to require data to be held in limbo whilst other challenges are resolved.
6.9.1. The individual can require the Data Controller to ‘restrict’ processing of the data whilst complaints (for example, about accuracy) are resolved, or if the processing is unlawful but the individual objects to erasure.
6.9.2. Measures will be taken to make the data unavailable to users and to make sure that no further processing can be allowed to take place with the data.
The terms of the legal basis we rely on to process your personal information, and the Legitimate Interests Assessment details are as follows:
7.1 The contacts on the Company database are business customers with an interest in a niche market of radio and television broadcast products. The majority of these customers have come to us through the exchange of business cards at trade shows and have always had the option of unsubscribing from our emails. The radio broadcast industry works over long timescales, with a new radio license for a station issued for 8-10 years. So, we’ve used a timescale of 9 years to assess whether someone who wasn’t a customer and has had a quote/proforma from us in the past might still be interested. We will keep Company-based personal details in the following circumstances:
7.1.1. If the person has an account with us. This means that they’ve purchased from us in the past and have a commercial interest in our products.
7.1.2. If the person has had a quote from us in the last 9 years (this also invokes the lawful basis of ‘Contracts’ for data processing).
7.1.3. If the person has had a proforma from us in the last 9 years (this also invokes the lawful basis of ‘Contracts’ for data processing).
7.1.4. If the person has provided us with their details (either as a business card or badge-scan) at a trade show or business meeting in the last 5 years. We have a record of the source of this data and can use it to evidence a legitimate interest in the Company.
7.1.5. If the person is from a business supplier to the Company.
7.1.6. If the person is a ‘marketing’ contact: either a business supplier interested in us, or an editor with a professional interest in our Company and our products.
7.1.7. If the person does not live in the UK or Europe.
7.2 Purpose Test: The interests are legitimate for us in terms of continuing business with a customer, or a person who has asked for a quote/proforma, or who has contacted us at a trade show. Because the customer is a business customer, this is also legitimate for them, since contact with the Company is part of their normal day-to-day business activity.
7.3 Necessity Test: Necessary means targeted and proportionate. Any marketing activity that we do is directly from the Company to the client. The data is not sold on and not used by any third parties (except for the minimal exclusions in our Privacy Policy). We only communicate regarding products and services which we are able to offer, which are usually beneficial for the customer and of interest to them. The benefits are largely for the Company, less so for the client, but still a benefit to them. Subtle and reasonable marketing to the client (the sending of occasional emails, very occasional contact via telephone or letter) is seen as a reasonable way to contact the clients and there isn’t a less obtrusive method of doing this.
7.4 Balancing Test: This is the act of considering the interests of the Company versus those of the customer and considering the relationship with the client. In the cases above, the customer’s business is reliant on the information and products that we’re providing. Usually we’re working closely with customers. None of the data is particularly sensitive and there would be an expectation from them that the data that they receive from us is appropriate and timely. Their personal data is never sold on, so they would never receive inappropriate content or marketing from sources that they’re unaware of, or not interested in. There is always an option to opt-out of emails and communications that are sent.
The objective of the Company Information Security Policy is to ensure that all data and information contained in the information systems, on which the Company depends, are adequately protected. Achieving this depends on staff working diligently in accordance with these policy guidelines.
8.1 The Company Information Security Policy requirements and recommendations are to:
8.1.1. Ensure that all persons referred to within section 3, (Responsibility and Applicability) understand their own responsibilities, for protecting the confidentiality and integrity of the data that they handle.
8.1.2. Ensure that all information and information systems under the Company control are protected to the appropriate level.
8.1.3. Ensure that all users are aware of, and comply with, this policy including sub-policies and all current and relevant UK and EU legislation.
8.1.4. Provide a safe and secure information systems environment for all staff and any other authorised users.
8.1.5. Protect the Company from liability or damage through the misuse of information or information systems.
8.1.6. Ensure that all confidential information is protected from unauthorised access.
8.1.7. Ensure that appropriate measures are be taken to manage risks to the availability of information
8.1.8. Ensure that information is disposed of in an appropriately secure manner when it is no longer relevant or required.
8.2 Storage Criteria for Electronic Data
8.2.1. All internal data is protected by hardware firewalls and filters, dedicated anti-virus and intrusion scanning and an enhanced Windows domain security policy.
8.2.2. Any customer data taken off site is securely protected with 256-bit AES: XTS HMAC-SHA-512 encryption.
8.3 Web Data Security
8.3.1. The company web site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
8.3.2. The Company is committed to taking reasonable steps to protect the individual identifying information that you provide. We employ powerful 128-bit encryption technology and Secure Socket Layers (SSL) in all areas where your personal identity is required. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted.
8.3.3. While on a secure page, such as our payment form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing/browsing’. This is your assurance that our site is authentic and that we’re employing SSL security.
8.3.4. You can check this security protection setting within your browser. To ensure you have the most protection available, be sure to download the latest version of today’s most popular browsers. For more information, contact your browser’s publisher.
8.4 Web Site External Links Our Web site may provide links to third party sites (Manufacturers websites for example). Please be aware that the Company is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this site.
A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes. Where a Data Protection breach occurs, or is suspected, it should be reported immediately in accordance with the Data Security Breach Incident Management Procedure which states:
9.1. Confirmed or suspected data security breaches should be reported promptly to the Data Protection Manager as the primary point of contact either by email or post.
9.2. The report should include full and accurate details of the incident including who is reporting the incident and what classification of data is involved.
9.3. The Data Protection Manager must report a notifiable breach to the ICO without undue delay, but not later than 72 hours after becoming aware of it.
We review our privacy practices regularly and we advise that you check and periodically review this page for updates to our Data Protection Policy. We reserve the right to modify this policy effective seven (7) days after the posting of the revised Data Protection and Privacy Policy.
Queries regarding this policy or the implications of our implementation of the General Data Protection Regulations, should be directed to the Data Protection Manager by email: DPO@sonifex.co.uk or by post to the Data Protection Manager, Sonifex Ltd, 61 Station Road, Irthlingborough, Northamptonshire, NN9 5QE, United Kingdom.
As a company, Sonifex actively embraces its legal and environmental obligations outlined by the WEEE and RoHS directives. We’ve been recycling waste products for many years and see these regulations as a positive and responsible change to protect the environment. Our WEEE Producer Registration Number is WEE/EF0045SY.
Related Links:
Sonifex WEEE Product Statement (PDF)
Sonifex RoHS Product Statement (PDF)
Sonifex REACH Product Statement (PDF)
The Waste Electrical and Electronic Equipment (WEEE) Directive was agreed on 13 February 2003, along with the related Directive 2002/95/EC on Restrictions of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS).
The Waste Electrical and Electronic Equipment Directive (WEEE) aims to minimise the impacts of electrical and electronic equipment on the environment during their life times and when they become waste. It applies to a huge spectrum of products. It encourages and sets criteria for the collection, treatment, recycling and recovery of waste electrical and electronic equipment.
All products manufactured by Sonifex Ltd have the WEEE directive label placed on the case. It gives a contact for individuals who are unsure about the correct procedure when the product has reached its “end of use”. Sonifex Ltd will be happy to give you information about local organisations that can reprocess the products, or alternatively all products that have reached “end of use” can be returned to Sonifex and will be reprocessed correctly free of charge.
Sonifex Ltd has phased out the use of certain hazardous substances identified in the European Union’s Restriction of Hazardous Substances (RoHS) directive. The RoHS directive limits the use of certain hazardous substances currently used in EEE manufacture, including lead, mercury, cadmium, hexavalent chromium, and halide-containing compounds PBB (polybrominated biphenyl) and PBDE (polybrominated diphenyl ether). Elimination of these substances will result in more environmentally friendly recycling of electronic equipment. For the products which Sonifex manufacture, the main area where products were affected was in the use of lead for manufacturing and assembling electronics circuit boards.
Sonifex Ltd has been implementing a successful recycling policy for a number of years, and has seen a positive benefit to recycling with an active company policy on reducing landfill waste. All employees are encouraged to dispose of any waste correctly.
We have created and will develop our existing Environmental Policy by minimising the production of waste through good working practice, economic recycling or reuse where possible.
https://www.gov.uk/topic/health-protection/chemical-hazards
https://www.gov.uk/government/organisations/environment-agency
https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs
https://www.recycle-more.co.uk
Conflict minerals relate to the mining of tin, tantalum, tungsten and gold (referred to as 3TG), from a location described as the ‘Conflict Region’. This is situated in the eastern Democratic Republic of Congo (DRC) and its surrounding countries. These minerals are often mined under human rights abuses and can be used to finance armed groups.
Sonifex is commited to promoting ethical business practices and sourcing materials from environmentally and socially responsible suppliers.
In the course of assembling printed circuit boards, Sonifex use components which may contain elements of precious metals we buy from other suppliers.
Sonifex expects all suppliers of components and bare boards to comply with the rules and regulations regarding ‘Conflict Minerals’.
Yours Sincerely
Marcus Brooke
CEO