Friends of Argyll Estates Archives

Privacy Policy

Friends of Argyll Estates Archives

Scottish Charitable Incorporated Organisation SC053815

Welcome to the Privacy Policy of Friends of Argyll Estates Archives, a Scottish Charity operating as Friends of Argyll Estates Archives (also referred to as, “we”, “us” or “our” in this Privacy Policy).

Friends of Argyll Estates Archives respects your privacy and is committed to protecting your personal data. This Privacy Policy will tell you how we look after your personal data when you visit our website (referred to as the “website” or “site” throughout) and inform you of your privacy rights and how the law protects you.

Please also refer to our (i) Cookies Policy (Live Link) and (ii) List of Third Party Providers who may process your personal data, available on our Delivery Policy (Live Link)

1. IMPORTANT INFORMATION AND WHO WE ARE

Friends of Argyll Estates Archives are a warm, friendly group of people who understand the importance of this unique archive and want to ensure its preservation for future generations. We do this through volunteering, fundraising and delivering projects which use the collection to support education, art, culture and heritage. It is important to us that you understand our use of Data on our web site www.argyllestatesarchives.org . You may have been pointed to this web site by our forwarded domain www.argyllestatesarchives.com  You can also refer to our Terms and Conditions and Cookie Policy.

PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how argyllestatesarchives.org collects and processes your personal data through your use of this website, including any data you may provide through the website when you sign up to receive our marketing material, purchase a product or service on our website.

This website is not intended for children, and we do not knowingly collect data relating to children under the age of 18.

It is important that you read this Privacy Policy together with any other privacy notice on our website from time to time so that you are fully aware of how and why we are using your data.

CONTROLLER

We have appointed a data protection lead (DPL) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions, including any requests to exercise your legal rights, please contact Catriona Smyth – Vice Chair / Child Protection Officer at friends@argyllestatesarchives.org.

CONTACT DETAILS

Full name of legal entity: Friends of Argyll Estate Archives, Cherry Park, Inveraray, Argyll PA32 8XE, a Scottish Charitable Incorporated Organisation SC053815 set up to support the development and promote the Archives operating as argyllestatesarchives.org and operates, in Scotland.

Postal address: Argyll Estates Archives, Cherry Park, Inveraray, Argyll, PA32 8XE

OUR DPO

Our Data Protection Officer is Catriona Smyth

Email address: friends@argyllestatesarchives.org

GET IN TOUCH

If you’d like to ask us a question or otherwise exercise your legal rights in respect of your personal data, the easiest way is to contact Catriona Smyth directly by emailing friends@argyllestatesarchives.org.

Complaints:

If you are based in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (https://ico.org.uk). Please read: https://ico.org.uk/your-data-matters/raising-concerns/ for details of how to do this.

If you are based in an EU member state or an EEA country, you have the right to make a complaint at any time to the relevant supervisory authority in the country where you live.

We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority so please do contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We may need to update this Policy at any time and without notice and where we do this we will notify you, for example, by emailing all of our customers.

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us and periodically review the details in your account settings on our website.

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 Policy of the websites you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data which includes your first name and last name. It may also include your gender.

Contact Data means the data we use to contact you including your billing address, delivery address, email address and telephone and mobile number.

Financial Data means the payment method and card association used to process your membership and payments for your orders. We do not store or process your card details ourselves, they are processed and automatically stored via Stripe, our payment facilitator. We encrypt your payment card details in your browser and securely transfer this data to Stripe to process a payment. 

Transaction Data means details about transactions you have made on our website including any photographs or other details you have provided in respect of an order, the payments to and from you along with other details of products and services you have purchased from us.

Technical Data means details about the device(s) you use to access our website including your internet protocol (IP) address, browser type and version, location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile Data includes your username (email address), your login data, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services. This includes your browsing patterns and information such as how long you might spend on one of our webpages and what you look at and for on our website, the page that referred you to our site and the click stream during your visit to our website, page response times and page interaction information (clicks you make on a page).

Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share aggregated and/or anonymised data (“Aggregated Data”) such as statistical or demographic data for analytical purposes. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, where you do not provide suitable delivery instructions to provide you with goods or services). In this case, we may have to cancel a product or service you have through us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data, Financial Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• purchase a product or service through our website;
• create an account on our website;
• request marketing to be sent to you;
• give us some feedback.

Automated technologies or interactions. As you interact with us, we may automatically collect usage data and technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Statement < live link or further details.

4. THIRD PARTY SOURCES OF DATA/DATA SHARING:

We also collect from and share data with the following providers:

Essential Service Providers: Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that you have paid for your products and, where relevant and/or necessary they will provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us.

Professional Advisers and Investors: We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations. This is in our legitimate interests.

Law Enforcement/Legal Compliance: We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations.

The lawful bases for sharing and processing this data are set out below. Please refer to the List of Third Party Providers for further information. < Link to Delivery Policy

5. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

We do not ask for explicit consent each time we use your personal data as part of your contract with us; your consent is implied based on your continued use of the service. We will, however, request your consent to receive marketing communications from us or our third party organisations via email. You have the right to withdraw consent to marketing at any time by visiting our Preferences Page.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

We do not conduct any automated decision making. We may profile you, if you are a potential customer, for the purposes of targeting marketing at you and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website you have previously looked at or expressed an interest in.

MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine or a third party website which has our website linked in it).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We generally only send electronic marketing – such as email marketing – to people who have previously bought similar products from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you first purchase our products and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting Out below).

Where you have not previously bought from us but have registered your details with us (for example by entering a competition or signing up for a newsletter), we will only send you marketing communications if you opted into receiving marketing at the time and so given us your express consent (which you may withdraw at any time – see Opting Out below).

We may also share certain data with other advertising platforms in order to show you targeted ads including on social media, search engine or video streaming platforms. We do this by:

the use of cookies which capture your visits to our website. Please refer to our Cookies Policy for more information; and

we may also provide these platforms with your email address to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. Please check the social media, search engine or video streaming platforms’ terms for more details of these services. This is in our legitimate interests of sending you direct marketing. See ‘Opting Out’ below for details of how you can adjust your marketing preferences. Our Cookies Policy also explains how you can adjust your cookies preferences.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by logging into your account and adjusting your marketing preferences, by following the opt-out links on any marketing message sent to you or by contacting us at any time.

If you opt out of receiving email marketing from us, we will no longer share your email address with other advertising platforms (see List of Third Party Providers). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media, search engine or video streaming platforms’ terms for more detail of how to opt out from seeing these ads.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, or related correspondence, and we will continue to process such data in accordance with this Privacy Policy and only ever as permitted by law.

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 Cookies Policy.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

THIRD PARTIES

When you place an order on our website, that information will also be received by the relevant Seller on our marketplace so that they can process and deliver your order. We may also pass on any information about your order or query to a Seller, where relevant.

We also use other third parties to process your personal data and these change from time to time. Please review the List of Third Party Providers regularly to ensure that you are informed.

6. DISCLOSURES OF YOUR PERSONAL DATA

We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.

7. INTERNATIONAL TRANSFERS

Some Sellers, and third parties that we use, are based outside the United Kingdom, so their processing of your personal data will involve a transfer of data outside the United Kingdom.

Whenever we transfer your personal data out of the United Kingdom, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to EU member states and EEA countries on the basis that, on a transitional basis, the United Kingdom deems EU member states and EEA countries to be adequate to allow for data flows from the United Kingdom.

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

8. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

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

You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information

9. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, details of your orders will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. This is generally 6 years unless the law prescribes a longer period.

In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

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. For example where you consider that we do not need it any longer for the purposes for which we originally collected it as explained to you in this Privacy Policy, where you have withdrawn your consent to our using it and we had relied on that consent according to this Policy, where you consider that we cannot show a ‘legitimate interest’ in continuing to process it and we have relied on that legitimate interest to process it as explained to you in this Policy. 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 wish to exercise any of these rights, please Contact Us, marking your query for the attention of the DPL.

NO FEE USUALLY REQUIRED

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

WHAT WE MAY NEED FROM YOU

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.

TIME LIMIT TO RESPOND

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 and keep you updated.

Terms of Use

Friends of Argyll Estates Archives

Scottish Charitable Incorporated Organisation SC053815

Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (hereafter the “Terms”).

The Terms are a legally binding contract which govern your use of argyllestatesarchive.org or argyllestatesarchives.com, website and services provided by Friends of Argyll Estates Archives.

This contract sets out your rights and responsibilities when you use argyllestatesarchive.org or argyllestatesarchives.com. By using our service (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Your Membership Account with Friends of Argyll Estates Archives

You’ll need to create an account with us to use some of our Services. Here are a few rules about accounts with Friends of Argyll Estates Archives:

You must be 18 years or older to use our Services. Minors under the age of 18 are not permitted to make purchases on argyllestatesarchives.org. You are responsible for any and all account activity conducted by a minor on your account, and there may be products available that you may want to consider limiting a minor’s access to.

Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

These terms do not create any sort of relationship or partnership. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.

Rights You Grant Friends of Argyll Estates Archives. By posting your content or vending through Friends of Argyll Estates Archives, you grant us a worldwide, royalty-free, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide our service and to promote Friends of Argyll Estates Archives, your Friends of Argyll Estates Archives shop, or the service in general, in any formats and through any channels, including across any isle20 services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with the scope of this license.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against isle20, our users, or a third party.

Pay Your Bills. You are responsible for paying all fees that you owe to Friends of Argyll Estates Archives. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our website.

Termination

Termination By You. We’d hate to lose you, but you may terminate your account with Friends of Argyll Estates Archives at any time from your account settings. Any outstanding balances or fees will still be owed to Friends of Argyll Estates Archives, and we may contact you to resolve this.

Termination By Friends of Argyll Estates Archives. We may terminate or suspend your account (and any accounts that we determine are related to your account) and your access to our service should we have reason to believe you, your content, or your use of the service violate our Terms. If we do so, it’s important to understand that you do not have a contractual or legal right to continue to use our services. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

Loss of information. If your account is terminated, you may lose any information associated with your account, including your content.

We May Discontinue the Services. Friends of Argyll Estates Archives reserves the right to change, suspend, or discontinue its service for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the service may have on you, including your income or your ability to generate revenue through the service.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

Items You Purchase. You understand that Friends of Argyll Estates Archives does not manufacture, store, or inspect any of the items sold through our website. We provide the vending platform; the items in our marketplace are produced, listed, and sold directly by independent sellers, so Friends of Argyll Estates Archives cannot and does not make any warranties about their quality, safety, or legality.

Therefore, any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Friends of Argyll Estates Archives from any claims related to items sold through our website, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the website. Friends of Argyll Estates Archives is not responsible for the accuracy, copyright compliance, legality, or decency of content posted to the website that you accessed through the website. You release us from all liability relating to such content.

People You Interact With. You can use the website to interact with other individuals, however, you understand that we do not screen our users and you release us from all liability relating to your interactions with other users.

Please be careful and exercise caution and good judgment in all interactions with others.

Third-Party Services. Our website may contain links to third-party websites or services that we don’t own or control (for example, links to other businesses who do not sell through Friends of Argyll Estates Archives). You may also need to use a third party’s product or service in order to use some of our website services (such as using our payment gateways or signing up to our mailing lists).

When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. isle20 is not a party to those agreements; they are solely between you and the third party.

Warranties. 

At Friends of Argyll Estates Archives, we are dedicated to making our service the best it can be, but we’re not perfect – sometimes things go wrong. By use of our website and services, you understand and accept their provision ‘as is’ and without warranty; either express or implied.

Though we try our best, we cannot and do not guarantee that (i) our services will be available at any given time or location, (ii) that defects or errors will be remedied (iii) that our services will be free of viruses or malware or (iv) that use of our services will meet your expectations.

Your use of our website and services is entirely at your own risk; please be mindful of good online safety practices such as checking the page URL before you enter any personal or payment information (you should see an https prefix, the ‘s’ indicates that your connection is secure). Look out for the padlock icon to be sure you are connected to the URL shown, and that your connection is encrypted.

Liability Limits 

To the fullest extent permitted by law neither Friends of Argyll Estates Archives, nor any of our employees, contractors or trustees shall be liable to you for any loss of profit or revenue; or for any consequential, incidental, indirect, special or punitive damages arising from connection with our website or these Terms.

Indemnification

If Friends of Argyll Estates Archives is sued as a result of your actions, you agree to defend and indemnify us. This means that you will hold us harmless from any legal claims or demands (including reasonable lawyer’s fees) that arise from your actions, your use (or misuse) of our website and services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you indemnify us, in which case you agree to cooperate with us fully.

Disputes with Other Users

If you find yourself in a dispute with another Friends of Argyll Estates Archives user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

You release Friends of Argyll Estates Archives from any claims, demands, and damages arising out of disputes with other users or parties.

Disputes with Friends of Argyll Estates Archives If you have an issue with us, let us know, and hopefully we can resolve it. If we cannot, then these rules will govern any legal dispute involving our services.

A. Governing Law. The Terms are governed by the laws of Scotland. These laws will apply no matter where in the world you live, but if you live outside of the United Kingdom, you may be entitled to the protection of your local consumer protection law.

B. Arbitration. You and Friends of Argyll Estates Archives agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, and be governed by the Arbitration (Scotland) Act 2010. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Friends of Argyll Estates Archives are each waiving the right to trial by jury or to participate in collective action cases.

Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator.

You may instead assert your claim by submitting a Simple Procedure case, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable filing, administrative, and arbitrator fees will be in accordance with the Scotttish Arbitration Rules, and thus cannot be discussed until the arbitration process has been initiated.

D. Forum. We’re based in Scotland, so any legal action against Friends of Argyll Estates Archives and Friends of Argyll Estates Archives related to our website or services must be filed and take place in Scotland. Any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances.

E. Modifications. If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against us prior to the date the changes became effective. Friends of Argyll Estates Archives will notify you of substantive changes to the “Disputes” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Friends of Argyll Estates Archives a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Friends of Argyll Estates Archives in accordance with the provisions of this “Disputes with Friends of Argyll Estates Archives” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will let you know by posting the changes through and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Friends of Argyll Estates Archives regarding our services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact Information

If you have any questions about the Terms, please email us at friends@argyllestatesarchives.org.

Note: In some countries you may have additional rights and/or the preceding may not apply to you. 

Friends of Argyll Estates Archives,

Scottish Charitable Incorporated Organisation SC053815.

Post: Friends of Argyll Estate Archives, Cherry Park, Inveraray, Argyll PA32 8XE

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Email: friends@argyllestatesarchives.org

Tel: 01499 302698 (Alternative Tel: Estates Office 01499 302203)