Terms and Conditions
of Use – User Agreement
Version History:
V1.0 – 1st April 2020
V2.0 – 9th Sep 2020
Introduction
This User Agreement (also termed this ‘Agreement’ or ‘terms’ or ‘terms and conditions’), the Privacy Policy, the Affiliate Terms and Conditions, and all policies posted on our site and/or emailed/sent to you set out the terms on which Surveymonger Ltd (trading as ‘OutinPaperback’ and ‘Out in Paperback’) offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). Affiliates are also bound by the Affiliate Terms and Conditions in addition to this one. All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
Company
You are entering into a contractual agreement with Surveymonger Ltd (trading as ‘OutinPaperback’ and ‘Out in Paperback’ for the below purposes e.g. services related to providing information on books and how to purchase such books), as listed on Companies House at Company Number 11779407 and address KEMP HOUSE 160 CITY ROAD, LONDON, EC1V 2NX. Our website is at outinpaperback.com and related domain names.
About OutinPaperback
OutinPaperback is a website that informs you of when certain book products (and related items) are available and provides links to purchase them from various websites. We will use your data to recommend similar products to you and to communicate this and other information with you as outlined below and in our privacy policies.
OutinPaperback itself does not sell any products directly to users and no contract for sale is formed between it and any users.
Any purchasing guidance or sales prices on our website is solely informational and you may decide to follow it or not at your own risk and with your own due diligence. OutinPaperback does not review suppliers’ content for quality or other assurances.
OutinPaperback has no control over, and does not guarantee the existence, quality, safety or legality of items advertised; nor the truth or accuracy of sellers’ content. Users have no claim upon any affiliate or commission fees we take.
Users are responsible for complying with all laws and regulations applicable to local sales, international sales, purchases, downloads, distribution and so forth of books they may purchase through any affiliate links. .
Content
By providing us with content, submitting, posting, or displaying Content on or via our services, you grant us (and our future Partners or Owners): a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right and licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the content (including, without limitation, creating and using derivative works and in any and all media and distribution methods known or later developed).
As part of this licence, you also authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content you offer to us via our services, in any media known now or developed in the future and otherwise commercially or non-commercially exploit in any manner, any and all of your data or other such content with no compensation due to you or the original content authors from us or our current or future Owners and Partners.
This licence continues even if you stop using our Service, and may be exercised for, but not limited to, the purposes of operation, promoting, commercialising, and improving our Services, to develop new services and opportunities, and for the legitimate interests of OutinPaperback, its current and future Partners and owners.
We, and our future Partners or Owners, may at our discretion commercialise or sell on or license or sublicense such content as we or our future Partners or Owners see fit with no compensation or notification or requirement for ongoing consent due to you from us or our future Partners or Owners. This right is subject to modification or revocation at any time at our sole discretion.
Reasons for this licensing and sub-licensing may include for example but are not limited to: quality control, website management, research, or demonstration of the quantity of transactions to others or potential future owners. Users understand that we may need to keep and/or list publicly or privately such data for these and other various purposes and legitimate interests even if they request its removal. Similarly, we may also collect statistics on commissions or data and pass or sell or commercialise license rights regarding data collected or submitted to OutinPaperback to our Partners and any future Owners, with no money or rights owed back to the users. This may require us to share these data with other Parties or to list them with no reference, notice, payment, or consent requirements to/from you.
Using and Abusing OutinPaperback
In connection with using or accessing the Services you will not: breach or circumvent any laws, third party rights or our systems or policies; use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm OutinPaperback, or the interests or property of OutinPaperback users; post false, inaccurate, misleading, defamatory, or libellous content; upload any information you do not have the right to upload, distribute or sell or transfer or license or sublicense irrevocably; upload any inaccurate or misleading information; use any robot, spider, scraper or other automated means to access our Services for any purpose; bypass our robot exclusion headers, interfere with the workings of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any OutinPaperback application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to OutinPaperback or any other parties (some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to OutinPaperback or someone else); infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services; post content that does not belong to you or that you do not have the rights to license or sublicense as relevant; commercialise any OutinPaperback application or any information or software associated with such application; harvest or otherwise collect information about users, such as email addresses or postal addresses, without their consent; or circumvent any technical measures we use to provide the Services.
If you are registering or interacting with OutinPaperback as a business entity, you represent that you have the authority to legally bind that entity and are complying with all applicable laws.
You must comply with all applicable laws and payment of taxes and duties relating to trading and copyright infringement for the transactions or website access you are engaged in via OutinPaperback.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove any special status associated with the account, reduce or eliminate any discounts, cancel any pending transactions, and take technical and legal steps to keep you from using our Services if: we think that you are acting inconsistently with the letter or spirit of these terms or our policies or abuse our employees or users; we think that such restrictions will improve the security of the OutinPaperback website or reduce our or another OutinPaperback user’s exposure to unreasonable or excessive financial liabilities; we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties; we think that you are infringing the rights of third parties.
You agree that we will commence supplying our Services to you as soon as you accept this Agreement. You can cancel this Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but some terms as detailed in this document may survive such termination. We may recoup the cost of any Services provided up to the point of cancellation. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services without any payment to you. We reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
We may receive commission or advertising income in relation to some but not all of the links on our website and you will have no control or claim over such commissions we receive.
Data Protection and Privacy
You and OutinPaperback shall process personal data received under and/or in connection with this Agreement each as a separate and independent controller. In no event will OutinPaperback and you process personal data under and/or in connection with this Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws and our Privacy Policy.
You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU, UK, and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from OutinPaperback for the purpose(s) you received the personal data under and/or in connection with this Agreement. You shall erase the personal data received under this Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required.
Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension and recovery of any costs incurred. Please also see our privacy policy and GDPR policies, which also form parts of the terms you and we are bound by.
Businesses
You represent and warrant to us that: if you are a business, you are duly organised, validly existing and in good standing under the laws of the territory in which your business is registered; you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorisations you grant under this Agreement and other related ones; any information provided or made available by you or your affiliates to OutinPaperback or its affiliates or partners is accurate and complete, and you will promptly update such information as necessary to ensure it at all times remains accurate and complete; you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the UK Government, the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority and (e) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.
Indemnification
You hereby, on behalf of yourself and successors, subsidiaries, affiliates, officers, directors, shareholders, employees, assigns and any other person or entity claiming by, through, under or in concert with them, irrevocably release us and agree to indemnify, defend and hold harmless us, our affiliates (and their and our officers, directors, employees, and agents) and our predecessors and successors against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees), obligation, demand, causes of action, suit, debt or right of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative, (each, a “Claim”) arising from or related to:-
(a) your actual or alleged breach of any obligations in this Agreement; (b) any products purchased or sold, any refund, cancellation, return or adjustments thereof, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death related thereto; or (c) Your Taxes or the collection, payment or failure to collect or pay your Taxes.
You will use counsel reasonably satisfactory to us to defend each indemnified Claim at no cost to us. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, take control of the defence at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
Liability
We will not be liable (whether in contract, warranty, tort, delict (including negligence, product liability, any type of civil responsibility or other theory) or otherwise) to you or any other person for indirect damages such as cost of cover, recovery or recoupment of any sales made by you or your affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if OutinPaperback has been advised of the possibility of such costs or damages.
Further, except in case of gross negligence or willful misconduct, if we are found to be liable, our total and aggregate liability arising out of or in connection with this agreement or the operations or transactions contemplated will not exceed at any time the sum of the total fees you paid to us during the prior six month period in connection with the particular service giving rise to the claim.
The OutinPaperback site and its services, including all content, software, functions, materials and information made available on or provided in connection with the services, are provided “as-is.”
As a user of the services, you use the OutinPaperback sites, any correspondence, the services or any online portal or tool provided by OutinPaperback to help you participate in the services at your own risk. To the fullest extent permissible by law, we and our affiliates disclaim:-
any representations or warranties regarding this agreement, the services or the transactions or operations contemplated hereby, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
implied warranties arising out of the course of dealing, course of performance or usage of trade;
and any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence.
We do not warrant that the functions or data contained in the OutinPaperback sites or the services will meet your requirements or be available, timely, secure, uninterrupted or error free, and we will not be liable for any service interruptions, including, but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, or completion of any order or transaction.
Some jurisdictions’ laws do not allow exclusion of an implied warranty, the disclaimer of warranties or exclusion of damages – in any which case the foregoing disclaimer may not apply to you, and we and our affiliates disclaim to the maximum extent permitted under applicable law all warranties of any kind, whether express, implied or statutory, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement or quiet enjoyment.
We (including our partners, subsidiaries, affiliates, directors, future owners and partners, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services; delays or disruptions in our Services;viruses or other malicious software obtained by accessing, or linking to, our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of OutinPaperback; the content, actions, or inactions of third parties; a suspension or action taken with respect to your account or breach of these terms or our policies; your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
You, on behalf of yourself and related Releasing Parties, recognise that you, and each of them, may have some Losses, whether in contract; warranty; tort; delict (including negligence; product liability; any type of civil responsibility; or other theory) or otherwise, against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you agree to these terms, which the you and related Releasing Parties are giving up by agreeing to these terms. It is your intention in agreeing to these terms that these terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties (which includes us and our current and future Partners and Owners).
We cannot guarantee the continuous operation of or access to our Services. Our functionality may not occur in real time. Notification or correspondence functionality in OutinPaperback’s Services may not occur in real time. Such functionality is subject to delays beyond OutinPaperback’s control.
You accept sole responsibility for the legality of your actions under laws applying to you and as specified in these terms without the infringement of others’ intellectual property, copyright and/or licensing terms.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
Force Majeure
We will not be liable for any delay or failure to perform or enforce any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver nor shall they constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions and policies.
Relationship of Parties
You and we are not employees/employers nor independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, agency, franchise, sales representative, reseller relationship, intermediary, or employment relationship between the parties.
All taxes or surcharges imposed on fees payable by you or paid to you to/by OutinPaperback will be your responsibility.
You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in these terms.
This Agreement will not create an exclusive relationship from us to you. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any Person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions of this Agreement are intended to be and are for the sole and exclusive benefit of OutinPaperback and you. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use.
In order to cooperate with governmental requests, to protect our systems and users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and listed/submitted content.
OutinPaperback reserves the right to request additional information and to confirm the validity of any of your account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby irrevocably authorise OutinPaperback to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to OutinPaperback upon request.
You will not, and will cause your affiliates not to, directly or indirectly disparage us, our affiliates and partners, or any of their or our respective products or services or any customer; or target communications of any kind on the basis of the intended recipient being an OutinPaperback user. In addition, you may only use tools and methods that we designate to communicate with OutinPaperback users regarding your transactions.
You are responsible for all of your expenses in connection with this Agreement, unless this Agreement provides otherwise. You will use only a name you are authorised to use in connection with a Service.
If we determine that the performance of your obligations under this Agreement may result in returns, claims, disputes, violations of our terms or policies, or cause any other risks to OutinPaperback or third parties, then we will have sole discretion to mitigate them.
We may in our sole discretion withhold for investigation, refuse to process, stop and/or cancel any of your actions.
To the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
Mergers and Acquisitions
You recognise that in the event that we are involved in a bankruptcy, merger, acquisition, reorganisation, or sale of assets, your personal data may be sold or transferred or shared as part of that transaction with no compensation due back to you.
In the event of initiation, preparation, and/or execution of a reorganisation, merger, acquisition or sale of whole or part of our business to another party, we may transfer any and all personal information and other data we collect to the relevant third party. The Privacy Policy will also apply to your data where relevant as the ownership of this data will be transferred to the relevant third party.
Compensation
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees and future partners and/or owners) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or our policies, your improper use of OutinPaperback’s Services or your breach of any law or the rights of a third party. Such breaches include, but are not limited to, any attempts by you to reduce our affiliate income or disrupt our affiliate relationships.
Legal Disputes
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. We will decide on the alternative dispute resolution provider that will be used. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and OutinPaperback both agree to submit to the exclusive jurisdiction of the English courts.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
General
If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in OutinPaperback accounts held or controlled by you with any fees, charges or other amounts you owe us or other Parties. Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from payment services held or controlled by you, or from any vouchers, discounts, or credits given to you by us.
As between the parties, you will be responsible for the collection and payment of any and all of your taxes together with the filing of all relevant returns, such as VAT returns and issuing VAT invoices/credit memos where required. OutinPaperback is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale. Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, sales, use and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, sales, use or similar taxes from you, you will pay such taxes to us.
If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
We may assign our rights and obligations under this Agreement in accordance with the below (but without your prior express consent). This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and references to a party to this Agreement include its successors and assigns.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by updating these on our website. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the OutinPaperback site. All amended terms shall automatically be effective 14 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. This Agreement may not be otherwise amended without our agreement.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
The Agreement and all policies posted on our site are the entire agreement between you and OutinPaperback and supersede all prior understandings and agreements of the parties.
Legal notices shall be served by registered mail to our Company Address as listed at Companies House.
We shall send notices to you by email to the email address you provide to OutinPaperback during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid and an alternative address is provided. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after the date of mailing.
Survival on Termination
Upon expiration or termination of the Agreement, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive.
In particular, but not limited to, the following Sections shall survive any termination of this Agreement: Legal disputes, terms relating to Perpetual Licensing, and any releases contained in these terms.
Privacy Policy
Version 1.0 1st April 2020
The policy: This privacy policy notice is served by Surveymonger Ltd (trading as ‘OutinPaperback’ and ‘Out in Paperback’), as listed on Companies House at the Company Number and Address listed in our Terms and Conditions (www.outinpaperback.com and related websites). We are registered with the ICO under the Data Protection Register, our registration number is: ZA656785
The purpose of this policy is to explain to you how we control, process, handle and protect your personal information through the business and while you browse or use this website. If you do not agree to the following policy you may wish to cease viewing or using this website, and refrain from submitting your personal data to us. You are required to indicate that you have read this policy and the terms and conditions before using our services via our website or other systems.
Policy key definitions:
“I”, “our”, “us”, or “we” refers to the business, Surveymonger Ltd (Company Number and address as listed at the top of the Terms and Conditions)
“you”, “the user” refer to the person(s) using this website.
GDPR means General Data Protection Act.
PECR means Privacy & Electronic Communications Regulation.
ICO means Information Commissioner’s Office.
Cookies mean small files stored on a users computer or device.
Key principles of GDPR:
Our privacy policy embodies the following key principles:
(a) Lawfulness, fairness and transparency
(b) Purpose limitation
(c) Data minimisation
(d) Accuracy
(e) Storage limitation
(f) Integrity and Confidence
(g) Accountability.
Processing of your personal data
Under the GDPR (General Data Protection Regulation) we control and / or process any personal information about you electronically using the following lawful bases.
Lawful basis: Consent
Where our purpose for processing is: To allow us to add you to our mailing lists and to personalize your experience online.
Which is necessary because: this allows us to offer a personalized experience, to keep you apprised of new features or changes, let you know when new books are released as per your preferences and requests, and to allow us to customize offers and the website and newsletters for you, and to provide offers from our partners and affiliates.
We process your information in the following ways: Form collection, storing in databases, sharing with website or affiliate or payment partners or future buyers/partners, creation of CRM databases or mailing lists. We store your data on encrypted storage.
Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists. Some data may need to be kept, with your prior consent for extended periods for quality assurance or dispute resolution or refund processing or for future licensing arrangements. You agree to this when registering your interest with us.
Sharing your information: We do share your personal information with third parties and they include database, website, and payment partners.
Lawful basis: Legitimate interests
Where our purpose for processing is: To allow us to send you updates on your books and related books and other materials, allow us to process affiliate referrals, and for us and you to make contact for matters relating to this and to allow us to use aggregate data to enhance our services and work with partners as necessary.
In certain cases, even if you have not given us express consent to use your personal information, it is lawful for us to use your information where necessary to further our legitimate interests, where those legitimate interests are not overridden by your rights or interests:
These include but are not limited to: help us create, develop, operate, deliver, maintain, protect and improve our Website and range of services, to help us improve our customer and user experience, to measure customer and user response and engagement with our products and services such as email newsletter (this may include sharing your information with third parties who help us to analyse and measure these), to help us make marketing and purchase decisions, to ensure our website is compatible with the browsers and operating systems used by our visitors, to create audience profiles for personalised advertising, marketing or research and development on and off our website, personalise content and advertising that you see.
Which is necessary because: We need to know which customer wants to know about which product and/or related products and to keep such customers updated on this and how to obtain such products. We may also need to keep such data for quality control or dispute resolution. We may need to develop our services further in terms of providing generalized or specific information regarding books or other products, or to license such information for third parties. We may need to develop our licensing strategies.
We may also collect and disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a proposed reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party as outlined below. We may also share your data with third parties so they can verify aggregated statistics about circulation and usage of our products or review our policies, processes and procedures for compliance with relevant standards or to assess our value.
We process your information in the following ways: Form collection, storing in databases, allowing newsletters and updates and information about related products to be provided, sharing with database, website, or payment partners or potential partners and/or licensors, creation of CRM databases or mailing lists. We store your data on encrypted storage. Some data may need to be kept for extended periods for quality assurance or dispute resolution or refund processing. We may share your personal and other data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations, or to help us market our services or process payments and transactions. This includes, but is not limited to, payment processors, content delivery networks,, cloud-based hosting services, monitoring services, email service providers, consultants, quality assurance and testing vendors, fraud and abuse prevention, vendors, customer relations management (CRM), vendors, and customers.We may also disclose personal data about you to our corporate affiliates in order to help operate our services and our affiliates’ services, including the delivery of ads and provision of commissions.
Data retention period: We will continue to process your information under this basis for so long as it is necessary for our legitimate interests, which may transpire to be indefinite. Some data may need to be kept for extended or indefinite periods for analysis, developing our commercial services, licensing arrangements with third parties or other licensing opportunities, quality assurance or dispute resolution or refund processing, or for protection against regulatory or legal or taxation processes. You indicate that you are aware of this when you upload data to our website or receive information from our site. You also are aware that any merger or sale of part or whole of Surveymonger or OutinPaperback to a third party will also transfer any or part or all of our data to them. You will be informed if this occurs if we still hold a valid means of contact for you.
Sharing your information: We do share your personal information with third parties and they include database, website, and payment partners.
Lawful Basis: Legal
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for us to disclose your personal information. We may also collect and disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.
Your individual rights
Under the GDPR your rights are as follows. You can read more about your rights in details here;
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data. We handle subject access requests in accordance with the GDPR.
These rights may be balanced against legal or legitimate interests. We will explain our decisions to you in a timely manner.
Sharing Principles
Information may be shared with participating sellers or buyers in order to fulfil your purchase transaction, including payment information, email, address, name and other personal information that may be required to complete such transaction or assist dispute resolution. Such data may be kept for indefinite periods to allow for potential dispute resolution, regulatory or legal reasons, improvement of our services, and other legitimate interests.
In some instances, we disclose personal information to third parties when it is necessary to deliver a service or product, or to help us improve your experience with us, to improve or develop our services, or when we are required to do so by contract or law.
All of the information we collect may be shared with the companies that perform IT services on our behalf such as credit card processors, data management firms, data analytics firms, fraud prevention services and call centre providers for the purposes of providing you with the service and developing and maintaining it, as well as other third parties. “Third parties” include agents, subcontractors and other third parties, for example in the context of the possible sale, merger, or restructuring of the business.
These companies are authorised to use your personal data only as necessary to provide these services to us. We may also share all or part of it with companies that acquire us or partner with us. We reserve the right to disclose your personal data to organisations or authorities, as required by law and when it is believed that disclosure is necessary to protect our rights, our clients’ interests and/or to comply with a judicial proceeding, court order, or legal process.
We will have in place contracts to ensure the information remains secure and limited in use, and if we do not have a legitimate business or legitimate interests reason to pass on your information, we will ask you to give consent first.
If you unsubscribe we will close your account. However we may have to retain some of your Personal Data even after we have closed your account to the extent necessary to comply with our legal obligations and to resolve disputes, for legal reasons, for improvement of our services and other legitimate interests, and to fulfil your request not to receive further communications from us.
Data security and protection
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.
Internet cookies
We may use cookies on this website to provide you with a better user experience and analyse usage and/or offer tailored promotions. We do this by placing a small text file on your device hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, to keep track of referrals to or from our website.
Some cookies are required to enjoy and use the full functionality of this website.
We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.
Cookies that we may use include, but are not limited to, ones used by Zoho, Google Captcha, Mailchimp, Google Ads, Google Analytics, Facebook, Twitter, LinkedIn, Amazon, other booksellers and affiliate partners, our CRM partners, and by various WordPress applications.
Cookies will be used under the consent lawful basis.
Sponsored links, affiliate tracking & commissions
Our website may contain adverts, sponsored and affiliate links on some pages. These are typically served through our potential advertising partners or social media partners; including, but not limited to Google Adsense, eBay Partner Network, Amazon Affiliates or other Amazon organisations, other booksellers and their affiliate programs, or are self served through our own means. We only use trusted advertising partners who each have high standards of user privacy and security. However we do not control the actual adverts seen / displayed by our advertising partners. Our advertising partners may collect data and use cookies for ad personalisation and measurement. Where advertising preferences are requested as ‘non-personalised’ cookies may still be used for frequency capping, aggregated ad reporting and to combat fraud and abuse.
Clickable sponsored or affiliate links for various products may be displayed as a website URL or as a image or text link. You may receive this in email notifications or mailing lists correspondence too.
Clicking on any adverts, sponsored or affiliate links may track your actions by using a cookie saved to your device. You can read more about cookies on this website above. Your actions are usually recorded as a referral from our website by this cookie. Our affiliates may track your actions by using cookies too when you access their websites. In most cases we earn a very small commission from the advertiser or advertising partner, at no cost to you, whether you make a purchase on their website or not.
We use advertising partners in these ways to help generate an income from the website, which allows us to continue our work and provide you with the best overall experience and valued information.
If you have any concerns about this we suggest you do not click on any adverts, sponsored or affiliate links or links to any products found throughout the website or emailed to you via our newsletter or notifications or found via search boxes.
Email marketing messages & subscription
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing lists. We only collect certain data about you, as detailed in the “Processing of your personal data” above.
Any email marketing messages we send are done so through an EMS, email marketing service provider or directly via our email. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences.
Data System
We may hold the following information about you within our data system – this is not exclusive:
Email address
I.P address
Subscription time & date
Name
User name and Password
Address
Books and other materials or areas you are interested in and wider preferences relating to this
Books or other materials you purchase or interact with and wider preferences relating to this
Payment processing details and payments requested/made
Affiliate codes used
Consent indicators and opt-out or opt-in decisions or deletion request details.
What pages you view, click on,and your journey through the website and emails
Our Data Protection Officer where relevant is the Director of Surveymonger Ltd.
You note that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and provide information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law. As an Amazon Associate OutinPaperback earn from qualifying purchases.