DIAGON LTD (“DIAGON”)
INFORMATION ABOUT US
The website is operated by Diagon Ltd (“us” or “we”). We are registered in England and Wales under registered company number 4181131. Our registered office address is 201 Haverstock Hill, London, NW3 4QG.
OTHER TERMS THAT APPLY
ACCESSING AND USING THE WEBSITE
3.1 By accessing and using the website, you confirm that you are aged 16 or over. Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not register with or provide any personal information to the website. If you have already done so, please contact us.
3.2 You are only permitted to access and use our website outside the UK if it is legal to do so in your location. If you choose to access the website from locations outside of the UK, you are responsible for compliance with local laws where they are applicable. We make no representation that the content of the website complies with any laws or standards applicable outside the UK.
3.3 We shall use reasonable endeavours to make the website available on a continuous basis, except for when there is planned maintenance or unscheduled urgent maintenance. However, we do not warrant that the website will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the website or any content on it without notice to you. From time to time, we may restrict access to some parts of the website, or the entire website, to some or all users and, if the need arises, we may close the website indefinitely. Subject to paragraph 5.1 we shall not be liable to you if for any reason the website is unavailable at any time or for any period.
3.4 You are responsible for making all arrangements and associated costs necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them.
4.1 This website and the information on it do not form part of any contract we or any associated company may have with you. While reasonable efforts have been made to ensure its accuracy, this cannot be guaranteed and as such no representation, warranty or guarantee (whether express or implied) is made in that regard.
LIMITATION OF OUR LIABILITY TO YOU
- 5.1.1 death or personal injury caused by negligence;
- 5.1.2 fraud or fraudulent misrepresentation; or
- 5.1.3 any other liability that cannot be excluded or limited under applicable law.
5.2 Subject to paragraph 1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- 5.2.1 loss of income or revenue;
- 5.2.2 loss of profits;
- 5.2.3 loss of sales or contracts;
- 5.2.4 loss of business or business opportunity;
- 5.2.5 loss of or damage to goodwill;
- 5.2.6 loss of or damage to your intellectual property rights;
- 5.2.7 loss of or corruption to data;
- 5.2.8 loss of anticipated savings;
- 5.2.9 wasted management or office time; or
- 5.2.10 any indirect, special or consequential loss, arising under or in connection with your use of or inability to use the website, or your use of or reliance on any content displayed on the website. Nothing in this paragraph
5.2 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
5.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
5.4 Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third-party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.
SUSPENSION AND TERMINATION OF USE
6.1 We may suspend indefinitely or terminate your access to our website at any time without notice or liability to you if:
- 6.1.1 we are required, or have reason to believe that we are required, to do so by any law or regulation; or
- 6.1.3 you are in breach of any other agreement that may exist between you and us (including without limitation in relation to any contract you may have with us) and we are entitled to terminate that agreement).
7.2 The website and all content displayed on it are protected by copyright laws and treaties around the world. All such rights are reserved.
7.3 You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or the relevant licensors. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The author (and that of any identified contributors) of material on the website must always be acknowledged.
8.1 You may use our website only for lawful purposes. You may not use our website:
- 8.1.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 8.1.2 in any way that breaches any applicable local, national or international law or regulation;
- 8.1.3 for the purpose of harming or attempting to harm minors in any way;
- 8.1.4 to send, knowingly receive, upload, download, use or re-use any material which: (i) is offensive, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent or discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringes any copyright, database right or trade mark of any other person; (iii) is in breach of any legal duty owed to a third party such as a duty of confidence; (iv) promotes an illegal activity; (v) invades another’s privacy; or (vi) could be used to impersonate any person or misrepresent your identity or affiliation with any person or body; or
- 8.1.5 to access without authority, interfere with, damage, overburden or disrupt (i) any part of our website; (ii) any equipment or network on which our website is stored; (iii) any software used in the provision of our website or our goods and services; or (iv) any equipment or network or software owned or used by any third party.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
VIRUSES, HACKING AND OTHER OFFENCES
10.1 We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your technology and computer programmes in order to access the website. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it. You should use your own virus protection software.
10.2 You must not misuse the website by knowingly introducing viruses, keystroke loggers, Trojan horses, worms, time-bombs, spyware, adware or any other malicious or harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
NOTICE AND TAKE DOWN POLICY
11.1 If you wish to complain about any content which appears on the website, please contact us at email@example.com. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright.
COMMENTS & COMPLAINTS
12.2 Linking to the website
12.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.4 The website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the acceptable use terms at paragraph 8.
12.5 If you wish to make any use of material on the website other than that set out above, please address your request to firstname.lastname@example.org.
LAW AND JURISDICTION
13.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
14.2 We may update and change the website from time to time. We will try to give you reasonable notice of any significant changes.
Thank you for visiting the Diagon website.
DIAGON LTD (“DIAGON”)
Welcome to the Diagon privacy notice. At Diagon we are committed to ensuring that your privacy is protected. This privacy notice explains how we will collect your personal data and how we use your personal data when you visit our websites.
WHO WE ARE
1.1 Diagon Ltd is the controller and responsible for your personal data (referred to as “Diagon”, “we”, “us” or “our” in this privacy notice).
1.2 Our full contact details are: Diagon Ltd, Thameside, Crabtree Manorway South, Belvedere DA17 6BJ. Our registered company number is 4181131.
1.3 If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us at email@example.com or by writing to the office manager at the address at 1.2 above.
2.1 This privacy notice was last amended on 01 February 2020. It supersedes any earlier versions.
2.2 It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
2.3 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You can ask us to rectify or update your personal information at any time by contacting us.
2.4 This website is not intended for children and we do not knowingly collect data relating to children.
2.5 This website may include links to third party websites, plug-ins or applications which may allow third parties to collect or share your personal data. We are not responsible for their use of your personal data and cannot control it. When you leave our website, we encourage you to read the privacy notice of every website you visit.
THE DATA WE COLLECT ABOUT YOU
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified.
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- 3.2.1 Identity Data including name, title, age/date of birth, gender, username or similar identifier.
- 3.2.2 Contact Data including postal addresses, email addresses and telephone numbers.
- 3.2.5 Usage Data including information about how you use our websites, the full uniform resource locators, clickstream to, through and from our websites (including date and time), download errors, lengths of visit to certain pages, page interaction information and methods to browse away from our websites.
- 3.2.6 Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting, location data, device cookie and identification, browser plug-in types and versions, operating system and platform and other identifying information required for your device to communicate with our websites.
- 3.2.7 Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences.
3.3 We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. This may be derived from your personal data but is not legally considered personal data as it does not directly or indirectly reveal your identity. If we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.
3.4 We do not collect any special categories of personal data about you (i.e. details about your race, 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 offences.
HOW IS YOUR PERSONAL DATA COLLECTED?
4.1 We use different methods to collect data from and about you including:
4.2 From you directly. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- 4.2.1 buy our good or services;
- 4.2.2 arrange a survey or site visit;
- 4.2.3 request information about goods and services we may offer;
- 4.2.5 subscribe to any services or publications that we offer;
- 4.2.6 contact us through social media;
- 4.2.7 attend an exhibition or event where we are taking part;
- 4.2.8 telephone, email or visit us in person;
- 4.2.9 request marketing information to be sent to you;
- 4.2.10 enter a competition, promotion or survey; or
- 4.2.11 provide feedback.
4.3 From third parties or publicly available sources. We may receive personal data about you from the following third parties and public sources:
- 4.3.1 Technical Data from the following parties: analytics providers based outside the EU such as Google Tag Manager, Google Analytics, Google Adwords, Facebook Pixel, Twitter, DoubleClick, Addthis, BlueKai, Turn Inc., DataXu, AdGear, Weborara, Semasio, Yahoo Analytics, Visual Website Optimiser; and third party software providers which we use on our websites, based outside of the EU including Salesforce, Google Tag Manager, Lotame, Crimtan, DataXu and Response Tap; as well as third party websites based within the EU.
HOW WE USE YOUR PERSONAL DATA
5.1 In the table below we have summarised the ways that we plan to use your personal data and the purposes for which we will use it. If we need to process your personal data for a different purpose that is not compatible with the original purpose, then we will let you know.
5.2 We may process your personal data for a different purpose than listed below and without your consent where it is necessary for us to comply with our legal obligations.
5.3 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than the ground has been set out in the table below:
Purpose/Activity Type Of Data Lawful Basis For Processing Including Basis Of Legitimate Interest To contact you Identity
Marketing and Communications
Performance of a contract or potential contract with you Necessary for our legitimate interests (for running our business, to keep our records updated and to study how customers use our websites/services or search for or enter property transactions) To register you as a new customer Identity
Performance of a contract or potential contract with you Necessary for our legitimate interest (of being able to keep records of our registered customers) To facilitate the sale of good or services Identity
Marketing and Communications
Performance of a contract or potential contract with you Necessary for our legitimate interests To manage our relationship with you, including:
Asking you to leave a review or take a survey
Marketing and Communications
Performance of a contract or potential contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our websites/services) To provide customer support Identity
Performance of a contract with you To enable you to partake in an exhibition, launch or event, prize draw, competition or complete a survey Identity
Marketing and Communications
Performance of a contract or potential contract with you Necessary for our legitimate interests (to develop and grow our business) To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you Identity
Marketing and Communications
Necessary for our legitimate interests (to study how customers use our website/services, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences Technical
Necessary for our legitimate interests (to define types of customers based on their age, gender and interests for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy) To ensure that content from our websites is presented in the most effective manner for you and your computer Identity
Necessary for our legitimate interests (to develop our products/services and grow our business and provision of administration and IT services) To make suggestions, recommendations and provide information to you about goods or services that may be of interest to you Identity
Necessary for our legitimate interests (to develop and grow our business) To permit selected third parties:
To provide you with information about properties or services which we feel may interest you
To assist us in the improvement and optimisation of advertising, marketing material and content, our services and the website
Consent (in relation to SMS and email marketing communications) Necessary for our legitimate interests (to develop our business) To comply with requirements imposed by law or any court order Identity
Necessary to comply with our legal obligations
Marketing and promotional offers
5.4 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which properties, services and offers may be relevant for you (we call this marketing).
5.5 You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing.
5.6 You can ask us to stop sending you marketing messages at any time by:
- 5.6.1 following the opt-out links on any marketing message sent to you; or
- 5.6.2 contacting us at any time using the details at 1.3.
5.7 If you do withdraw your consent, this will result in us ceasing to directly market goods and services to you, but we will still process your personal data in order to fulfil our contract with you and in accordance with our legal, accountancy and regulatory obligations.
5.8 We will get your express opt-in consent before we share your personal data with any company outside of Diagon Ltd for their own marketing purposes. You have the right to withdraw consent for us to pass your information to third parties for marketing purposes. If you no longer wish to be contacted by third parties for marketing purposes, please follow the instructions in their marketing communications, or consult their privacy policies about how to unsubscribe.
Cookies and remarketing
DISCLOSURES OF YOUR PERSONAL DATA
6.1 We may to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- 6.1.2 External Third Parties. We may also share your personal data with external third parties, such as:
- 6.1.3 Joint venture partners of Diagon Ltd.
- 6.1.7 Professional advisers acting as processors for us including lawyers, bankers, auditors and insurers based in the United Kingdom and Ireland who provide consultancy, banking, legal, insurance and accounting services.
- 6.1.8 Service providers acting as processors for us who provide database, IT and system administration services.
- 6.1.10 Marketing, communications and survey providers/advisers acting as processors for us.
- 6.1.11 HM Revenue & Customs, National Crime Agency, local authorities, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
- 6.1.12 Other third parties such as anti-money laundering agencies, which may be based outside of the EU.
- 6.1.13 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
6.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7.1 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- 7.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- 7.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- 7.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
7.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Once we have received your personal data we will use reasonable and necessary procedures and security features to try and prevent unauthorised access. For example, we limit who can access your personal data to those individuals and third parties who need to know it and who are subject to a duty of confidentiality. If we become aware of a data breach we will notify the Information Commissioner’s Office. If we believe that the data breach is serious, we may notify you in accordance with our legal requirements.
9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
9.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9.3 Please contact us if you would like a copy of our Data Retention Policy.
9.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. In some circumstances you can ask us to delete your data: see 10.1.3 below for further information.
YOUR LEGAL RIGHTS
10.1 Under data protection laws you have the right to protect and look after your personal data. You have the right to:
10.1.1 ask us for the personal data that we hold and process about you (this is often referred to as a data subject access request). You have rights to the following information:
- 10.1.1.1 the purpose(s) for which we are processing your information;
- 10.1.1.2 the categories of personal information we hold about you;
- 10.1.1.3 the recipients or categories of recipient to whom the personal data have been or will be disclosed;
- 10.1.1.4 the period for which we will store your information, or the criteria used to determine that period;
- 10.1.1.5 prevent the use of your personal data for marketing purposes by using any of the steps at 5.7;
- 10.1.2 ask that any inaccurate information we hold about you is corrected;
- 10.1.3 ask that we delete the personal data we hold about you in certain situations;
- 10.1.4 ask that we stop using your personal data for certain purposes;
- 10.1.5 ask that we do not make decisions about you using completely automated means; and/or
- 10.1.6 ask that personal data we hold about you is given to you, or where technically feasible a third party chosen by you, in a commonly used, machine-readable format.
10.2 If you wish to exercise any of the rights set out above, please contact us. The rights listed above may apply in certain circumstances, and so we may not always be able to comply with your request to exercise these rights.
10.3 We will usually respond to a request from you to exercise your rights within 1 month of receipt, but it might take longer if your request is particularly complex or if you have made a number of requests. Please be aware that we may need to process your personal data and/or request specific information from you to help us comply with your request. You will not usually have to pay a fee to exercise these rights, but we reserve the right to if your request is clearly unfounded, repetitive or excessive, alternatively we may refuse to comply with your request.
- 10.1.1 ask us for the personal data that we hold and process about you (this is often referred to as a data subject access request). You have rights to the following information:
COMPLAINTS AND FEEDBACK
If you would like to speak to us about how we handle your personal data, please contact us in the first instance. You can also complain to the Information Commissioner’s Office who is the UK supervisory authority for data protection issues.
DIAGON LTD (“DIAGON”)
WHAT ARE COOKIES?
1.1. Cookies are small text files that are sent by a website to a web browser in order to place information on your computer’s hard drive. This enables a website to identify and track the web browser so a website can, for example, recognise a device each time it visits the website, remember user preferences and recommend certain content.
1.2. Cookies in themselves usually identify the computer used rather than the individual user, but some cookies may contain personal information.
1.3. Different cookies do different things and some are essential to the operation of a website, whilst others are not. The different types of cookies are:
- 1.3.1 Strictly necessary cookies. These are cookies that are required for the operation of our site.
- 1.3.2 Functionality cookies. These are used to recognise you when you return to our site, enabling us to personalise our content for you and remember your preferences.
- 1.3.3 Targeting cookies. These cookies record your visits to our site, the pages you have visited and the links you have followed. We will use this information to make our site more relevant to your interests. We may also share this information (in anonymised form) with third parties for this purpose.
- 1.3.4 Analytical/performance cookies. These allow us to recognise and count the number of visitors to our site and to see how visitors move around when using our site. This helps us to improve how it works, for example, by ensuring that users are finding what they are looking for easily.
1.4. When you consent to cookies on our website, you are consenting to our use of those cookies that are not strictly necessary. Please see section 5 of this policy for further information about how you can manage cookies through your browser settings.
COOKIES USED ON OUR SITE
2.1 In the table below we have set out the cookies used on this site, their purpose and their duration:
2.2. Most of the cookies listed above are ‘third party cookies’, meaning they are set by third parties and we have no control over them other than allowing them to be served.
WEB BEACON AND SOCIAL MEDIA PLUGINS
3.1. A web beacon is a clear graphic image that records the pages visited on a website and can be used in combination with cookies. Web beacons sometimes process personal information, including your IP address, the browser you use and whether a cookie has been dropped on the browser. We use web beacons like Facebook pixel to understand who reads our website and the pages that are frequently visited.
3.2. We use social media plugins like ‘Addthis’ on our website which also works in combination with cookies. This plugin allows users to share content to various social media platforms.
4.1. Most browsers automatically accept cookies, but you can usually change your browser settings to limit or prevent cookies. We have set out links to the opt-out pages of the most common browsers below:
- 4.1.1. Microsoft Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
- 4.1.2. Apple Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
- 4.1.3. Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- 4.1.4. Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
4.2. To prevent your data being used by Google Analytics, you can visit: https://tools.google.com/dlpage/gaoptout.
4.3. If you set your browser to not accept cookies, please note it may result in certain sections or features of our site not working properly and certain personalised services not being provided to you or users of your computer.
4.4. You can learn more about how to control cookies, including opting out of certain third party cookies at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/. More information about cookies generally can be found at: http://www.allaboutcookies.org/. You can find out more about behavioural advertising here: http://www.youronlinechoices.eu/.
CHANGES TO THIS POLICY