Website terms of use, cookie policy and privacy policy


Website terms of use

1. Introduction

These Website Standard Terms and Conditions of Use (collectively referred to herein below as these “Terms”) contained on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.

2. Intellectual Property Rights

Kinley Legal and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Legal practice advertising materials

The information on this Website is legal practice advertising material provided by Kinley Legal for informational and advertising purposes only. The information and material in this Website is not intended to provide, and should not be relied upon as a source of, legal advice on any matter. Kinley Legal is not responsible for any action or failure to act in reliance upon information in this Website.

4. Restrictions

Without limitation, you are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sub-licensing and/or otherwise commercialising any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing; and
  9. using this Website for any purpose whatsoever other than considering engaging or engaging the services of Kinley Legal.

Certain areas of this Website may be restricted from access by you and Kinley Legal may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password which may be granted for this Website are confidential and you must maintain confidentiality of such information.

Without limitation, the Isle of Man Financial Services Authority, its board members, employees and agents and their affiliates and family members are specifically restricted from accessing the Website in any way and at any time.

5. No warranties

This Website is provided “as is”, with all faults, for informational and advertising purposes only and does not necessarily represent that areas of expertise advertised are provided at any given time or that Kinley Legal does not advise in other areas of expertise. Access to this Website or the provision of information by you to Kinley Legal does not create a client relationship. Kinley Legal reserves the right to decline instructions from any person for professional reasons. Accordingly, Kinley Legal makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.

6. Limitation of liability

In no event shall Kinley Legal, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Kinley Legal, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent Kinley Legal from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Kinley Legal is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Kinley Legal shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However,  you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kinley Legal and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Isle of Man, and you submit to the non-exclusive jurisdiction of the High Court of Justice of the Isle of Man for the resolution of any disputes.

12 August 2021

Cookie policy

1. Cookies, Identifiers and your consent

Cookies and other Identifiers consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User’s consent.

Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

This Website uses so-called “technical” Cookies and other similar Trackers to carry out activities that are strictly necessary for the operation or delivery of the Service.

 

2. Measurement

This Website uses Trackers to measure traffic and analyse User behaviour with the goal of improving the Service. The services enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.

Google Analytics (Google Ireland Limited)

Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilises the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualise and personalise the ads of its own advertising network.

Personal Data processed: Cookies and Usage Data.

Place of processing: Ireland – Privacy Policy – Opt Out.

Facebook Ads conversion tracking (Facebook pixel) (Facebook, Inc.)

Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Website. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.

Personal Data processed: Cookies and Usage Data.

Place of processing: United States – Privacy Policy.

 

3. How to manage preferences and provide or withdraw consent

There are various ways to manage Tracker related preferences and to provide and withdraw consent, where relevant:

Users can manage preferences related to Trackers from directly within their own device settings, for example, by preventing the use or storage of Trackers.

Additionally, whenever the use of Trackers is based on consent, Users can provide or withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.

It is also possible, via relevant browser or device features, to delete previously stored Trackers, including those used to remember the User’s initial consent.

Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.

With regard to any third-party Trackers, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party’s privacy policy, or by contacting the third party.

Notwithstanding the above, Users may follow the instructions provided by YourOnlineChoices (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools.

The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

The Digital Advertising Alliance offers an application called AppChoices that helps Users to control interest-based advertising on mobile apps.

Owner and Data Controller

Kinley Legal Limited
4 Albert Street
Douglas
Isle of Man
IM1 2QA
British Isles

Owner contact email: contact@kinleylegal.com

Since the installation of third-party Cookies and other tracking systems through the services used within this Website cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.

 

4. Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilised by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilised to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilised by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies

Small sets of data stored in the User’s device.

 

5. Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Articles 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Website, if not stated otherwise within this document.

9 April 2021

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