Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on UNIQUE’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on UNIQUE’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by UNIQUE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on UNIQUE’s web site are provided “as is”. UNIQUE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UNIQUE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall ttzt or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on UNIQUE’s Internet site, even if UNIQUE or a UNIQUE authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on ttzt’s web site could include technical, typographical, or photographic errors. UNIQUE does not warrant that any of the materials on its web site are accurate, complete, or current. UNIQUE may make changes to the materials contained on its web site at any time without notice. ttzt does not, however, make any commitment to update the materials.

6. Links

UNIQUE has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UNIQUE of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

UNIQUE may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to UNIQUE’s web site shall be governed by the laws of the Principality of Monaco without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our UNIQUE’s use of cookies in accordance with the terms of UNIQUE’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, UNIQUE and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without UNIQUE’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without UNIQUE’s express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to UNIQUE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to UNIQUE the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or UNIQUE or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

UNIQUE reserves the right to edit or remove any material submitted to this website, or stored on UNIQUE’s servers, or hosted or published upon this website.

Notwithstanding UNIQUE’s rights under these terms and conditions in relation to user content, UNIQUE does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. UNIQUE makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, UNIQUE does not warrant that:

– this website will be constantly available, or available at all; or

–  the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

UNIQUE will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

–  to the extent that the website is provided free-of-charge, for any direct loss;

–  for any indirect, special or consequential loss; or

–  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if UNIQUE has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit UNIQUE’s liability in respect of any:

–  death or personal injury caused by UNIQUE’s negligence;

–  fraud or fraudulent misrepresentation on the part of UNIQUE; or

–  matter which it would be illegal or unlawful for UNIQUE to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, UNIQUE has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against UNIQUE’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect UNIQUE’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as UNIQUE.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify UNIQUE and undertake to keep UNIQUE indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by UNIQUE to a third party in settlement of a claim or dispute on the advice of UNIQUE’s legal advisers) incurred or suffered by UNIQUE arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to UNIQUE’s other rights under these terms and conditions, if you breach these terms and conditions in any way, UNIQUE may take such action as UNIQUE deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

UNIQUE may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

UNIQUE may transfer, sub-contract or otherwise deal with UNIQUE’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together constitute the entire agreement between you and UNIQUE in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Laws of Monaco and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the Supreme Courts of Monaco.

Registrations and authorisations

UNIQUE is registered with Trade Register in Monaco. UNIQUE’s registration number is R02.23177.

UNIQUE’s TAX number is FR 31 0000 60 987

UNIQUE’s details

The full name of UNIQUE is UNIQUE.

UNIQUE is registered in Monaco under registration number S.S.E.E. 744 B 10215

UNIQUE’s registered address is Eden Star, 34 Quai Jean-Charles Rey, 98000 Monaco

You can contact Pascal Gerdsmeier by email to info@poolunique.com.

YOUR RIGHTS

Everyone has rights in relation to the way their personal data is handled. During the course of our activities UNIQUE will collect, store and process personal data relating to our visitors. We will endeavour to do this in a transparent way, and view treating your data with care as an essential part of our business, and relationship with you, in order to run a successful platform. 

TYPES OF DATA WE COLLECT

The types of personal data that UNIQUE may be required to handle include information about current and past and visitors and other professionals that we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to regulations set out in the Data Protection Act 1998 (the Act), the General Data Protection Regulation (the GDPR), and other regulations.

Questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to UNIQUE, Pascal Gerdsmeier (CEO), info@poolunique.com.

DEFINITION OF DATA PROTECTION TERMS

Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

Data subjects for the purpose of this policy refers to clients or visitors about whom we hold personal data. A data subject need not be a MC national or resident. All data subjects have legal rights in relation to their personal information.

Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.

Data controllers are the people who, or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act and the GDPR. UNIQUE is the data controller of all personal data collected stored and processed for our Services.

Data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.

Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.

Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

DATA PROTECTION PRINCIPLES

Anyone processing personal data is required to comply with the principles of good practice set out in the GDPR. These say that personal data must be:

Processed fairly and lawfully.

Processed for limited purposes and in an appropriate way.

Adequate, relevant and not excessive for the purpose.

Accurate.

Not kept longer than necessary for the purpose.

Processed in line with data subjects’ rights.

Secure.

Not transferred to people or organisations situated in countries without adequate protection.

PROCESSING DATA

The Act and the GDPR ensure that data processing is done fairly, and without adversely affecting your rights.

For personal data to be processed lawfully, it must be processed on the basis of one of the legal grounds set out in the Act and the GDPR. These include, among other things, your consent to the processing, or that the processing is necessary for the performance of a contract with the you, the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed.

When we collect and process personal data, we bear in mind your fundamental rights and freedoms. This means that:

our collection and processing of personal data is limited to those activities specifically allowed by the Act or the GDPR, which includes our use Google Analytics;

we always endeavour to notify data subjects of our collection and processing of personal data in accordance with this policy; and

data subjects have the right to request that we not collect and process their personal data at any time in accordance with this policy.

When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.

NOTIFYING DATA SUBJECTS

If we collect or process personal data, we will always aim to inform visitors/ clients about:

The source from which we obtained their personal data;

The purpose or purposes for which we intend to process that personal data;

The types of third parties, if any, with which we will share or to which we will disclose that personal data; and

The means, if any, with which data subjects can limit or prevent our use and disclosure of their personal data.

ACCURATE DATA

We will ensure that the personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.

STORING DATA

We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.

SECURING YOUR DATA

We will take all reasonable security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA

From time to time, we may transfer personal data we hold to a country outside the European Economic Area (EEA), but we will only do this if one of the following conditions applies:

The country to which the personal data are transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.

The visitor/ client has given his consent.

The transfer is necessary for one of the reasons set out in the Act or the GDPR, including the performance of a contract between us and the visitor/ client, or to protect the vital interests of the visitor or client.

The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.

Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work on our behalf, or for one of our suppliers. That staff maybe engaged in, among other things, the fulfilment of contracts with the visitor or client, the processing of payment details and the provision of support services.

DISCLOSURE OF PERSONAL INFORMATION

UNIQUE may share personal data it holds with any member of its group, which includes our subsidiaries, such as other media outlets. 

UNIQUE may also share a data subject’s personal data in order to comply with a legal obligation, or in order to enforce or apply any contract with the visitor/ client; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

SUBJECT ACCESS REQUESTS

As data subjects, visitors or clients must make a formal request for information we hold about them. This should be made in writing  to (Email) in the first instance. 

UNIQUE employees will refer a request to the CEO for assistance in difficult situations.

AMENDMENTS TO THIS DATA PROTECTION POLICY 

We reserve the right to change this policy at any time. Where appropriate, we will notify our clients/visitors of those changes by email.