Terms and Privacy

Last updated: September 4th, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website (the “Service”) operated by eSubstance Limited trading as Ink (“us”, “we”, “INK” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

 

 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of info@ink-global.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of INK and its licensors. The Service is protected by copyright, trademark, and other laws of both England and Wales and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of INK.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by INK.

INK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that INK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall INK, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

INK its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditons, please e-mail dpo@ink-global.com.

Last updated September 04th, 2020.

eSubstance Limited (trading as Ink) is committed to protecting and respecting your privacy.  This policy describes how we collect, use and otherwise process personal data relating to you, or that you provide to us:

(i)         when you visit or use:

  • our website at smile.cebupacificair.com (the “Website”);
  • any of our computer or mobile software applications (“Apps”);
  • our social media pages;
  • any of the services accessible through the Website (the “Services”); and

(ii)        when you contact us (by email or telephone or in person), for example to request our news and updates or to submit a query or comment regarding the Website or its content; and

(iii)        through offline sales and marketing activities.

Personal data is data that can be used on its own or with other data or information to identify, contact, or locate a single person, or to identify an individual in context. Please read this policy carefully to understand our practices regarding personal data.

By visiting the Website, accessing one of our social media pages and/or using the Services, you are accepting to the practices described in this policy.

For the purposes of this policy, all references to the Website shall include a reference to the Apps, and references to “Ink”, “we”, “us” or “our” are to eSubstance Limited (trading as Ink), a company incorporated in England and Wales under company number 03829537, and having its registered office at Blackburn House, Blackburn Road, London NW6 1RZ.

For the purposes of data protection laws, the data controller is Ink.  In this Policy, the terms “personal data (or information)”, “processing”, “data controller” and “data processor” shall have the meaning ascribed to them in the General Data Protection Regulation ((EU) 2016/679).

We are registered as a data controller with the Information Commissioner’s Office under registration number Z7993115.

1.   What personal data do we collect from you?

1.1        Information that we collect from you

The type of information we collect from you will depend upon the type of interaction you have with us.

Broadly speaking, the types of personal data that we collect may include:

(i)     your name, address, email address, phone number, age range, gender, details of employment, Internet Protocol (IP) address and any other information that you might choose to volunteer, that can be used to identify you, when you:

  • register with us and log in through the Website;
  • place an order for products or services from us or enquire about advertising opportunities on the Website;
  • subscribe to our RSS feed or to receive our newsletter or any other information from us;
  • complete enquiry forms on the Website;
  • complete any voluntary surveys we may ask you to participate in from time to time;
  • submit comments or feedback for publication on the Website or in any of our publications;
  • participate in any online forum which may be available on the Website from time to time;
  • participate in any competition or prize draw that we may run on the Website from time to time;
  • respond to our marketing communications;
  • correspond with us by phone, email or otherwise; or
  • report a problem with the

You are under no obligation to provide any such data. However, if you choose to withhold requested information, you may not be able to access all of the Website’s contents and services.

1.2        Publicly Available Information

We may also collect information relating to you that is available on the Internet, such as from Facebook, LinkedIn, Twitter and Google, or other publicly available information that we acquire from our service providers.

1.3        Website Navigational Information

We also collect personal data automatically when you use the Website and when you navigate through the Website. Data collected automatically may include:

(i)       technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

(ii)      information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

For more information on our use of these technologies, see our Cookies section below.

1.4        Information that we receive from other sources

We may also collect or receive personal data relating to you in the following scenarios:

(i)         where we buy in your personal data (name and company or corporate email address from marketing companies or other business partners);

(ii)        your personal data is contained in information given to us by our sub-contractors that provide technical services to us; and

(iv)       your personal data is contained in information given to us by our analytics and search information providers.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. 

2.1 For the purposes of our legitimate interests

2.1.1 We use personal data relating to you that we collect from publicly available sources and/or third parties, or that you provide to us, for the purposes of our legitimate interests as follows:

(i) to improve our Website and offering;

(ii) to administer any account or registration you may have with us;

(iii) to carry out our obligations arising from any contracts entered into between you and us;

(iv) to provide you with the information, products and services that you request from us;

(v) to administer your participation in any competitions or prize draws we may run from time to time;

(vi) to notify you about changes to the Website or any other aspect of our service;

(vii)     to communicate with you about any comments, queries or feedback you might have about us or the Website;

(viii)    for publication on the Website or in our printed publications, but only if you have provided it to us for that purpose; and

(ix)      to ensure that content on the Website is presented in the most effective manner for you and for your computer.

 

2.1.2 We also use the information about you that we collect automatically for the purposes of our legitimate interests as follows:

(i) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(ii) to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

(iii) to allow you to participate in interactive features on the Website, when you choose to do so;

(iv) as part of our efforts to keep the Website safe and secure;

(v) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

(vi) to make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.

 

You have the right to object to this processing if you wish, and if you wish to do so, please send an email or write to us using the details provided in clause 11.  Please bear in mind that if you object this may affect our ability to carry out the tasks above for your benefit.

 

2.2 For marketing purposes

We will use personal data relating to you to provide you with information about products and services we offer that we feel may interest you by post, telephone, SMS or email. We will send you this information only if:

(i)   you have consented to receiving this information:

(ii)   the information is about products and services similar to those which were the subject of a previous sale or negotiation of a sale to you (and you have opted in to receive such marketing messages); or

(iii)   where we are permitted to do so by law without consent, for example, if you have or a third party has provided us with a company or corporate email address.

If, at any time, you do not want us to use your information in this way, please contact us using our contact form below or using our contact details in paragraph 11 below).

 

2.3 If we purchase information on you from a third party, such as marketing lists, we promise to take all necessary checks to make sure your information was collected We will only use such information for the purposes set out above.

2.4  We do not use automated decision making (including profiling).

Last updated August 2020 

The Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a more personalised experience when you browse the Website and also allows us to improve the Website. 

What are cookies? 

Cookies are small text files that are sent by a website to a web browser and contain information that is transferred to your computer’s hard drive. This enables the website to identify and track the web browser. Cookies can, among other functions, enable a website to recognise a device each time it visits, remember user preferences and recommend content. Cookies in themselves do not identify the individual user, but rather the computer used. However, some cookies will contain personal information such as a username. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a more personal user experience when you browse our website and also allows us to improve our website. By continuing to browse and use our website, you are agreeing to our use of cookies. Different cookies do different things, and some are essential to the operation of a website whilst others are not. The different types of cookie are:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognize you when you return to our website, enabling us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visits to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information (in anonymized form) with third parties for this purpose.

To the extent that any personal information is collected through our use of cookies, our Privacy Policy will apply to our processing of that personal information. 

 

What cookies do we use? 

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

 

What about third-party cookies? 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. 

Can I refuse or opt out of cookies? 

Most browsers automatically accept cookies, but you can usually change your browser settings to limit or prevent cookies. You can find out how to opt out of being tracked by Google Analytics by visiting http://tools.google.com/dlpage/gaoptout. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our website. If you set your browser to not accept cookies, it may result in certain sections of our website not working properly and certain personalized services not being provided to users of your computer. More information about cookies generally can be found at: http://www.allaboutcookies.org.

4.1 This Website is not intended for or targeted at children under 16, and we do not knowingly or intentionally collect information about children under 16. If you believe that we have collected information about a child under 16, please send an email or write to us using the details provided in clause 11, so that we may delete the information.

5.1   We may share your information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act

5.2   We may share your information with selected third parties including:

5.2.1 business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

5.2.2   advertisers and advertising networks that require anonymized data to select and serve relevant adverts to you and others. We may provide them with aggregate information about our users (for example, we may inform them that 100 women aged 18-24 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, men in a particular location). We may make use of the information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;

5.2.3   analytics and search engine providers that assist us in the improvement and optimization of the website; and

5.2.4   credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

5.3   We may disclose your personal information to third parties:

5.3.1   in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

5.3.2   if Ink or substantially all of the company’s assets are acquired by a third party, in which case personal data held by the company about our customers will be one of the transferred assets; or

5.3.3    if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our various terms, policies and other agreements; or to protect the rights, property, or safety of Ink, our customers, or This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6.1   User content is any content submitted to us for the purpose of publication on the Website (including in any public forum we may provide) or in our printed publications. All user content you submit will be treated as non-confidential and may be visible to other registered users as well as to unregistered visitors to the Website, so please do not submit any information about yourself which you would not wish to make (For the avoidance of doubt, user content does not include any other correspondence between you and us.)

6.2  Once you have submitted user content to us, you may be unable to recall or delete it except in limited circumstances. If you are unable to edit or delete user content you have submitted, please refer to clause 9.1 and contact us through our contact form below or by using our contact details in paragraph 11 below.

6.3   We do our best to ensure that offensive language and content do not appear on the Website, but we do not routinely monitor or moderate user content and therefore user content may from time to time include language or content which some people may find If you wish to complain about any user content, please contact us through our contact form below or using our contact details in paragraph 11 below.

7.1   We have in place a level of security appropriate to the nature of the information stored and the harm that might result from a breach of security. All information that you send via the Website is encrypted whilst in transit between you and the servers where we store the information. Your information is stored on the secure servers of our web services provider in Ireland.

7.2   Any payment transactions will be encrypted using SSL technology in such a way as to ensure that we are not given your financial or credit card information.

7.3   The information that we collect from you may also be transferred to other destinations outside the European Economic Area (EEA), where it will be stored by us or by one of our It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. We will take all steps reasonably necessary to ensure adequate security for any of your information transferred outside the EEA. By using the Website and submitting your information to us, you accept that personal data relating to you may be transferred, stored or processed in this way.

7.4   If you use our services while you are outside the EU, your information may be transferred outside the EEA in order to provide you with those services.

7.5   Unfortunately, the transmission of information via the internet is not completely secure and, although we will do our best to protect your information, we cannot guarantee the security of any of your information transmitted via the Consequently, any transmission is at your own risk. If we become aware that the security of your information has been compromised, we will notify you by email or as otherwise required by law.

7.6   In the event that a security breach does occur that could adversely affect you, and we have the means to let you know, we will take appropriate steps to notify you how the breach occurred, its nature, the steps we have taken to rectify the issue and the steps you can take to rectify any minimize any adverse impact.

7.7   Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential and you must not share it with anyone.

 

8.1   The Website features third-party advertising which provides links to and from third-party websites. If you follow a link to any of these third-party websites, you should be aware that these websites have their own privacy policies and the operators of those websites will handle your information in accordance with such policies and not with this Privacy Policy. For example, such operators might contact you or permit third parties to contact you for marketing purposes in accordance with their own privacy policies, unless you opt out of such

8.2   We do not accept any responsibility or liability for third-party websites or their privacy policies and we strongly advise you to check such policies and the reputation of the website before you submit your information to any third-party website, the owners of which do not necessarily have any connection, commercial or otherwise, with We welcome any feedback about third-party websites linked to from the Website.

9.1   The General Data Protection Regulation gives you the right to access, rectification or erasure of the personal data, data portability, restriction of processing, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory body. You can exercise the above rights by using our contact details in paragraph 11 below.

9.2   We also want to make sure that personal data relating to you that we hold is accurate and up to date. You may ask us to correct or remove any information you think is inaccurate.

9.3   To protect your privacy, we may take steps to verify your identity before taking any action in response to any request. You will not have to pay a fee to access personal information relating to you (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

9.4   Our legal basis for processing your data is either consent or legitimate interest. Where our legal basis for processing your data is consent, you have the right to withdraw your consent at any time and ask us not to process your personal information, including for marketing purposes. You can exercise your right to prevent such processing at any time either through the unsubscribe link at the bottom of our marketing emails or by using our contact details in paragraph 11 below.

9.5   We will retain your data for the shortest period of (i) as long as is necessary to carry out the purpose for which it was collected or (ii) as required by law.

9.6  If you have a concern about the way we are collecting or using your personal information, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/.

10.1   By submitting your information, you acknowledge that we will use the information as set out in this Privacy Policy. If we change our Privacy Policy, we may post the changes on this page and may place notices elsewhere within the Website (such as the home page) for a reasonable period of time, so that you may be aware of the changes.

10.2  In the event of any changes, we will also update the “Last updated” date at the top of this Privacy Policy. You should check our Privacy Policy occasionally to ensure that you are happy with any changes we make. Your continued use of the Website following any changes to this Privacy Policy will mean you accept those changes. This Privacy Policy is governed and construed in accordance with the law of England and Wales.

11.1   If you would like to contact us with any questions, comments or feedback regarding our Privacy Policy or any other aspect of the Website, products or services, you can contact us at:

eSubstance Ltd trading as INK
Blackburn House, Blackburn Road
London NW6 1RZ
United Kingdom

Alternatively, you can email our Data Protection Officer, James Cridlan at dpo@ink-global.com. We will usually confirm receipt by using the same method as you used to contact us.

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