General Terms & Conditions

 

We recommend that you print and keep a copy of these Terms and Conditions for future reference.

Last Updated: 14/05/2018

THESE TERMS AND CONDITIONS


These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.


We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site (see date above). You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.

ORDER PROCESS


You will have an opportunity to check and correct any input errors in your order up until you click the Submit Order button.


After you submit an order we will give you an Order Reference Number and details of the products you have ordered. We will send the same details to you in via e-mail. We will then send a second email when we start to process your order. Please note that these e-mails are acknowledgements, not acceptance of your order.


Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a confirmation e-mail, which will confirm your order and contain details of how we will deliver your products to you. (Alternatively, we may decline all or part of your order for any reason, in which case this email will tell you so.)


When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks with third parties. In particular, we may pass your details to third parties for them to check against certain public and private databases. These agencies may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.


We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you visit one of our stores. Please note that products, prices and offers in our stores may differ from those featured on this site.


Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use. We reserve the right to refuse access to this website, to remove or edit content, or to refuse or cancel orders at our discretion. If we cancel an order, it will be without charge to you, and we will reimburse any payment made by you.

PRICES AND PAYMENT


All prices and charges on this site are in UK pounds. They include any VAT payable, but exclude delivery charges (for details see ‘Delivery’ below).


The total cost of your order will be the price of the products you order, any additional services you choose (e.g. discovery, design, development, implementation and ongoing support), plus any applicable delivery charges. All these will be set out clearly in your proposal document before your acceptance.


Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative or suggest that you visit one of our stores.


We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.


We accept payment via BACS bank transfer or credit/debit card using our merchant partners.


RESTRICTIONS: AGE REQUIREMENTS AND LIMITS ON ORDERS


If you order a product with a minimum age requirement, by ordering you confirm that you are of the required age.

THIS WEBSITE


We, our Group companies and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.


You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

PRIVACY POLICY

1. Introduction and General Terms


enCircle is committed to protecting your personal information when you are using our services. We want our services to be safe and enjoyable environments for our customers and partners. This Privacy Policy relates to our use of any personal information you provide to us through enCircle.co.uk websites.

In order to provide you with the full range of enCircle services, we are sometimes required to collect information about you.

This privacy policy explains the following:

  • what information enCircle may collect about you;

  • how enCircle will use information we collect about you;

  • when enCircle may use your details to contact you;

  • whether enCircle will disclose your details to anyone else;

  • your choices regarding the personal information you have provided to us;

  • the use of cookies on enCircle website and how you can reject these cookies.


As set out above, enCircle is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information, including the Data Protection Act 1998 (these laws are referred to collectively in this Privacy Policy as the "data protection laws").


The websites contains hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies, and we urge you to review them. They will govern the use of personal information you submit or are collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.


2. What information will enCircle collect about me?


When you sign up to participate in or receive a service from any encircle.co.uk website, such as newsletters, competitions, live chats, message boards or register with the single universal online registration system used across different parts of the encircle.co.uk called "Single Sign-On", we may ask for personal information about you. This can consist of information such as your name, e mail address, postal address, telephone or mobile number or date of birth. Different web pages may ask for different personal information.


By entering your details in the fields requested, you enable enCircle and its service providers to provide you with the services you select.


Please note that sometimes on particular web pages we will require you to provide additional personal information, and sometimes sensitive personal information. When we do this we will specify further on these web pages why we are collecting your information and how we will use it.


enCircle also uses cookies (see paragraph 13 below for details) and collects IP addresses (an IP address is a number that can uniquely identify a specific computer or other network device on the internet). We use analysis software to look at IP addresses and cookies for the purpose of enhancing your user experience. This information is not used to develop a personal profile of you and the log files are regularly purged.


We record and store your IP address and may use this to determine whether you are accessing the services from the UK or not. If not, you may be redirected to an international version of the encircle.co.uk site (see paragraph 11 for details.)


3. How will enCircle use the information they collect about me?


enCircle will use your personal information for a number of purposes including the following:

  • for "service administration purposes", which means that enCircle may contact you for reasons related to the service you have signed up for, as set out in paragraph 4 below (e.g. to provide you with password reminders or to notify you that a particular service has been suspended for maintenance);

  • to contact you about a submission you have made to the websites, including any content you provide;

  • to personalise the way enCircle content is presented to you;

  • IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and

  • to analyse and improve the services offered on encircle.co.uk. e.g. to provide you with the most user-friendly navigation experience.


Where enCircle proposes using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.


4. When will enCircle contact me?


enCircle may contact you:

  • in relation to the functioning of any service you have signed up for in order to ensure that enCircle can deliver the services to you;

  • where you have opted to receive further correspondence;

  • in relation to any contribution you have made to encircle.co.uk, e.g. on enCircle message boards;

  • to invite you to participate in surveys about enCircle services (participation is always voluntary); and

  • for marketing purposes where you have specifically agreed to this (see paragraph 5 below)


Local pages will give you detailed information about how enCircle will contact you in relation to specific services.


5. Will I be contacted for marketing purposes?


enCircle won't contact you for marketing purposes, or promote new services to you unless you specifically agree to be contacted for these purposes.


6. Will enCircle share my personal information with anyone else?


We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies) or as described in paragraph 7 below. Generally, we will only use your information within enCircle. However, sometimes enCircle uses third parties to process your information. enCircle will require these third parties to comply strictly with its instructions and enCircle will require that they do not use your personal information for their own business purposes.


Please note that if you are accessing enCircle from outside the UK and you make a comment or complaint regarding any element of advertising (see paragraph 11 for more details about this) then enCircle may forward your correspondence to a third party only for the purposes of responding to you.


7. Offensive or inappropriate content on the enCircle website


If you post or send offensive, inappropriate or objectionable content anywhere on or to encircle.co.uk, or otherwise engage in any disruptive behaviour on encircle.co.uk, enCircle may use your personal information to stop such behaviour.


Where enCircle reasonably believes that you are or may be in breach of any of the laws of England or Wales (e.g. because content you have posted may be defamatory), enCircle may use your personal information to inform relevant third parties such as your employer, school e-mail/Internet provider or law enforcement agencies about the content and your behaviour.


8. What if I am a user aged 16 or under?


If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to enCircle's website. Users without this consent are not allowed to provide us with personal information.


9. How long will enCircle keep my personal information?


We will hold your personal information on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with enCircle or enCircle's corporate retention schedule (this is a database that defines which documents should be kept and for how long). In the case that you wish to cancel your registration as a encircle.co.uk member, once an account is deleted a red flag goes on the database and, while people cannot use the personal information, it stays on the system for a period of one year for administration purposes before being deleted automatically.


Where you contribute to encircle.co.uk enCircle will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted. For example, enCircle will only keep copies of entries to a photographic competition for the duration of the competition. However other projects are likely to have a longer, or even permanent, duration.


10. Can I find out what personal information enCircle holds about me?


Under the Data Protection Act you have the right to request a copy of the personal information enCircle holds about you and to have any inaccuracies corrected. (We charge £15 for information requests and will require you to prove your identity with 2 pieces of approved photographic identification.) We will use reasonable efforts to supply, correct or delete personal information about you on our files.

Please address requests and questions about this or any other question about this Privacy Policy to enCircle Solutions Ltd, Gordon Road, Loughborough, LE11 1JP (email: enquiries@encircle.co.uk).


11. What if I am accessing enCircle websites outside the UK?


www.encircle.co.uk is published in the UK by enCircle. For international users accessing the site from outside the UK, the site is made available to you as standard, on a commercial basis (ie some of the pages you access will have advertising on them) under licence from enCircle. However all personal information submitted by you to the site goes directly to enCircle and will be processed in accordance with this Privacy Policy (and any local terms that apply on websites) unless terms on sites specify otherwise.


You should note that enCircle does place a number of cookies on www.encircle.co.uk and may collect information about international users from these - please see paragraph 13 for more information about cookies.


12. Changes to enCircle's Privacy Policy


This privacy policy may be updated from time to time so you may wish to check it each time you submit personal information to any encircle.co.uk website. The date of the most recent revisions will appear on this page.


13. Cookies Policy - Information enCircle collects from you

a. What is a cookie?

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows.


Cookies record information about your online preferences and allow us to tailor the websites to your interests. Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the encircle.co.uk features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.


During the course of any visit to encircle.co.uk, the pages you see, along with a cookie, are downloaded to your device. Many websites do this, because cookies enable website publishers to do useful things like find out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

b. How does enCircle use cookies?

Information supplied by cookies can help us to analyse the profile of our visitors and help us to provide you with a better user experience. For example: if on a previous visit you went to our support pages, we might find this out from your cookie and highlight support information on your second and subsequent visits.


enCircle (and in relation to international users) may also use a number of independent measurement and research companies. They may gather information regarding the visitors to enCircle sites on our behalf using cookies, log file data and code which is embedded on our website. enCircle may use this type of information to help improve the services it provides to its users. enCircle will strictly require that third parties do not use any information for their own business or other purposes (see paragraph 6 above).


Certain other areas of encircle.co.uk may use cookies for a specific reason - for example, to help an online application work effectively on your device. If this is the case, the local terms for that area of the website will make this clear and you should refer to those local terms for additional information.


c. enCircle cookies and how to reject cookies?

Please refer to your browser help file in order to understand how you can block all cookies from encircle.co.uk.


14. Contacting enCircle about this Privacy Policy


If you have any questions or comments about this Privacy Policy please contact;


The Data Protection Officer

enCircle Solutions Ltd

Gemini House

136-140 Old Shoreham Road

Brighton, BN3 7BD


(Email: enquiries@encircle.co.uk)


DATA PROCESSING POLICY


enCircle have provided secure and resilient hosting and managed services to public, private and non-profit organisations since 2002. enCircle is run by a team of highly experienced staff vetted to BS7858 standard. enCircle, along with our UK based data centre partners, hold accreditation to ISO27001 for information security and ISO9001 for quality assurance.


This policy is part of an integrated quality and information security management system. This policy has been updated to include GDPR related information to our clients and end users to ensure we comply with the new legislation coming into force on May 25th 2018.

How Do We Process Data?


Any data we process is always encrypted in transit using 256bit keys as standard. All data at rest is held in secure government accredited UK data centres, with relevant physical access controls and anonymous virtualised architecture. Access to the application and operating system layers is encrypted and personally identifiable access logs support forensic investigation in the event of a data breach.


Staff devices with admin access to data are personally issued and encrypted with PIN access and location tracking. Staff are allocated personal encryption keys with strong passphrases, renewed each year. We never allow anonymous access to personal data via APIs. Data for testing and development purposes is obfuscated to ensure it is not personally identifiable.


All data is processed according to Article 28 of the General Data Protection Regulation 2018 (GDPR). If you would like to be ‘forgotten’ please let us know and your data will be destroyed. We are able to supply you with a detailed copy of the data we hold relating to you and are also able to ‘freeze’ your data or mark as ‘restricted’.

What Data Do We Hold?


We hold our client data in secure applications for our own internal use and will never intentionally disclose this data to any third parties. This data includes company names, individuals names, work email addresses, physical business and office locations and work telephone numbers. We do not hold data such as home addresses or personal email addresses of the staff working for our clients. There is a legitimate and legal basis for holding this data and we will only seek to gain consent from individuals if we need to store personal data that is not needed for the development, support and maintenance of client services.


To support forensic investigations in the event of data breaches, enCircle hold web log files for upto 12 months. This includes IP addresses which are now considered personal data and all applications must publish a data privacy policy which informs users of this fact. Each client application running on our platforms may hold personal data specific to the service it supports. Consent must be gained from users of the service by the client. enCircle are not in a position to advise on how consent must be gained, or if there is a legal or legitimate basis for holding this data. As a data processor, we are responsible for ensuring this data is safe and protected; however we are not able to advise on the legal implications of GDPR. Our clients must perform their own audits and ensure they are compliant with the new legislation.

How Do We Manage Potential Risk?


enCircle hold a risk log as part of our integrated management system. This risk log is reviewed on a regular basis and any risk considered to be high impact and likelihood of happening will have an associated risk management plan detailing how the risk is monitored and the mitigation steps involved. As part of our ISO accreditation, we are audited each year by an external consultancy to confirm we are compliant with the relevant standards and legislation.

How Are Data Breaches Disclosed?


In the event of a hack from an unknown 3rd party being identified, enCircle will notify the client and contact the relevant authorities to provide all information required to support the investigation. We will endeavour to respond to information requests within 24 hours to maximise the chance of identifying the intruder. IP addresses, access logs, and known vulnerabilities will all be communicated as part of disclosure pack.


If the client identifies a data breach they must notify enCircle immediately with the service ID and date period for the incident (roughly when the breach took place). enCircle will then provide all access logs, including IP addresses, of any individuals accessing the service during the time period (including enCircle staff access to backend operating systems and databases). As with 3rd party breaches, we will endeavour to respond to requests for information within 24 hours.


In the event of a data breach by a member of enCircle’s staff, the client will be notified and the staff member in question will be suspended with immediate effect, until an internal investigation can be completed. A hearing will then be arranged with the staff member and client representative to agree what remedial action will be taken.

DELIVERY POLICY

1. Where we Deliver

We primarily deliver our services around the World using high speed data networks. Use of proprietary or slow dial up networks will incur additional service charges.


Delivery must be to an address in the United Kingdom (but excluding the Channel Islands). All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure you keep the receipt enclosed with your goods.

2. Delivery Charges

We make every effort to keep our delivery charges as low as possible. Our charge depends on the type of products you select and on whether you choose standard delivery (usually within 5 working days) or a premium service (e.g. our morning delivery service).


When you add products to your Delivery Shopping Basket, the appropriate standard delivery charge will be added automatically. There are additional charges if you choose a premium delivery service (e.g. morning delivery). If you add additional items, please double check the charge by clicking “Re-calculate”. You will always be able to see all applicable charges before submitting your order.

3. How We Deliver

We deliver our services remotely via secure VPN or other method. We do not operate support services over dial up or low speed connections below 1mb in speed. Additional costs are levied for on site support when not critical.


Other products are delivered either by courier or by post, depending on their size and value. If your product is one which is delivered by courier you may be given the option of choosing a premium delivery service for a small extra charge during the ordering process. Large items are generally delivered by our own delivery service or by the manufacturer. For these products you will be asked or told about delivery dates as part of the order process.


We will notify you of which delivery method we intend to use via e-mail. Very occasionally different products in the same order may be delivered separately.

4. Delivery Times

Delivery times are calculated in working days - i.e. Monday to Friday inclusive (but excluding bank holidays). If you order after 3.00pm, please calculate your delivery time as if your order had been placed the following working day (including if you are offered our "next working day" premium service). Deliveries may take 7-10 working days over the Christmas, Bank Holiday and Easter periods.

5. Premium Delivery Services

If you choose to pay a small extra charge for a premium delivery service, your product will be delivered on the date and during the time slot specified. All deliveries must be signed for.

6. Standard Postal and Courier Deliveries

Standard postal and courier deliveries should arrive within 5 working days of placing your order (to be safe, please allow a little extra during busy sale periods).


If we are sending your product by courier, you may request a link to the courier's website, and a parcel number, so that you can track your order right to your doorstep. Standard courier deliveries are usually made between 9am and 5pm. All deliveries must be signed for. If you are out when the courier arrives, the courier will leave a card with a contact number for you to call.


IMPORTANT: We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.


Please allow extra time for deliveries to Scottish islands or if you apply for credit (we need to receive your signed application form back before we can process your order; this can add 5 working days).

7. Missing, Damaged or Incorrect Orders

We try very hard to ensure that you receive your order in pristine condition. If you do not receive all your products, please e-mail us at sales@encircle.co.uk or telephone 08456444470. In the unlikely event that a product arrives damaged or faulty, please follow the instructions in the delivery documents.

RETURNS POLICY

1. Cancellation

If you have chosen to have your order delivered, you can cancel your purchase at any time either before or up to 14 days after delivery by:

  • Returning the product via courier (please include your receipt for the card you paid with, so that it can be credited);

  • Emailing us at sales@encircle.co.uk;

  • Phoning us on 08449910109 (please have your order reference number and delivery details to hand;

  • Writing to our sales department:


Sales Support

enCircle Solutions Ltd

Gemini House

136-140 Old Shoreham Road

Brighton, BN3 7BD


Your product must be complete, unused and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product in any). It should be returned with the original box, packing and accessories. Pre-recorded video tapes, DVDs, CDs, minidiscs and other software must be sealed. Any 'Free Gifts' received with the product must also be returned.


You will receive a full refund, and the cancellation is free of charge provided you return the product to our depot at your own cost.


We cannot cancel your purchase when:

  • You return your product to us without proof of purchase;

  • There is a contract for services with the product and you have started using the services (this would include e.g. support and maintenance, but not an extended warranty service agreement);

  • The seal has been broken on any software including games; or

  • The goods were a special order to your specification.

2. Return of Faulty Goods


The following are guidelines for all goods ordered. Wherever possible we will respond to your individual circumstances.


If there is a fault with your product within 12 months of delivery (or other defect with your order), we will normally offer a prompt repair, exchange or refund. We will always offer you the choice of an exchange or refund if the fault occurs within 28 days of delivery.


To qualify for a refund or exchange the product must be:

  • In otherwise in 'as-new' condition;

  • Complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging).


Please return the product to enCircle’s head office or phone us on 0844 9910109 (9am to 5pm Monday to Friday).


This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. For consumable items (e.g. batteries, camera films, ink cartridges etc) the guarantee period is three months from delivery.


If a pre-recorded videotape, DVD, CD, Minidisc or other software is faulty under guarantee we will happily exchange it for the same title or refund your money.


Any refund due to a fault or other defect will include a refund of the applicable delivery charges. Replacement goods are sent by standard delivery only (i.e. premium services are not available).


THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS


GOVERNING LAW


These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.


Your data protection rights are set out in our Privacy Policy.