Legal
Website Terms of Use Policy
Welcome to www.katemossagency.com (the ‘Website’). Your use of the Website confirms that you accept all the terms (the ‘Terms’) laid out in this terms of use policy, whether or not you choose to register with the Website. If you do not accept these terms, do not use the Website.
We recommend that you print a copy of the Terms for future reference but please note that the Terms are updated from time to time and it is your responsibility to review them regularly.
We recommend that you print a copy of the Terms for future reference but please note that the Terms are updated from time to time and it is your responsibility to review them regularly.
1.
Introduction
1.1
This Website is owned by Kate Moss Agency Ltd (the ‘Company’). The Company is registered
in England and Wales under company number 09311038, VAT number 232 0444 54 and its
registered office is at Aviation House, 125 Kingsway, London, WC2B 6NH.
1.2
To contact the Company, please email info@katemossagency.com or telephone us on 0203 701 0711.
2.
Use of the Website
2.1
You may access most areas of the Website without registering your details. Certain areas of
the Website are only open to you if you register as a registered user and use the Website in
accordance with these Terms.
2.2
By accessing any part of the Website you shall be deemed to have accepted these Terms in
full. If you do not accept these Terms in full, you must leave the Website immediately.
2.3
These Terms refer to the following additional terms, which also apply to your use of the Company’s Website:
•
Privacy Policy, which sets out the terms on which the Company will
process any personal data the Company will collect from you, or that you provide to the Company.
By using the Website, you consent to such processing and you warrant that all data provided by you is accurate;
•
Cookie Policy, which sets out information about the cookies on the Website; and
•
Terms and Conditions for Booking Talent, which they will govern and apply to any supply of the services
by the Company to you.
3.
Variation
3.1
The Company will amend these Terms from time to time without notice or liability to you.
Any changes to the Terms shall be effective immediately following the posting of any such
changes on the Website. You should regularly check the Website to ensure you understand
the Terms that apply at that time.
4.
Ownership and restrictions
4.1
Apart from images licenced for use by the Company, including photographic images and
content which is licenced by the Company from photographers, fashion houses and other
third parties, the Website, its design and content including all text, information, still and
motion video, audio and audio visual material, code and/or software and all intellectual
property rights relating to the same (the ‘Material’) are owned by the Company. All such
rights are reserved.
4.2
The Website may be used by you strictly for your own personal use as provided in these
Terms. No element of the Website or the Material may be taken out of context or presented
in a misleading or discriminatory manner.
4.3
You must not use any part of the content on the Website for commercial purposes without
obtaining a licence to do so.
4.4
Other than as permitted under these Terms, you agree not to modify, copy, reproduce,
broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or
distribute in any way any portion of the Website or the Material.
4.5
You are granted a personal, limited, non-transferable, non-exclusive licence to access the
Website and print and download extracts from the Website (which are clearly made
available by the Company for you to print and/or download) for your own private personal
use on the following basis:
•
no documents, images or related graphics on the Website are modified in any way;
•
no graphics or images found on the Website are used separately from the accompanying
text;
•
no Material or any portion of the Website is used and/or exploited to create an
association or similar connection with a business, person or corporate entity;
•
the Company’s or applicable third party’s copyright and trade mark notices and this
permission notice appear in all copies of any material from the Website; and
•
you do not, and you do not allow any third party, to modify or create a derivative work,
reverse engineer or otherwise attempt to discover any source code or software available
on the Website.
The grant of this limited licence is conditional upon your agreement to and compliance with
all these Terms. The Company may revoke this licence at any time in its absolute discretion.
4.6
Any use of extracts or images from the Website, including without limitation the Material,
other than in accordance with paragraph 4.5 above for any purpose is prohibited. If you
breach any of the Terms, your permission to use the Website automatically terminates and
you must immediately destroy or permanently erase from any computer memory or storage
device any downloaded or printed extracts or images or documents from the Website
including without limitation the Material.
4.7
All copyrights, trademarks, intellectual property rights and proprietary rights on the Website
are the property of or licensed to the Company unless otherwise stated. Other than as
permitted under these Terms, nothing shall be construed as conferring upon you by
implication, estoppel or otherwise any other licence or right to use any trade mark, patent,
registered design, design right, copyright or other intellectual property right of the Website.
5.
Website access
5.1
Although the Company endeavours to ensure that the Website is normally available 24
hours a day; we do not guarantee that the Website, or any content on it, will always be
available or be uninterrupted and shall not be held liable if the Website is unavailable.
5.2
The Company may suspend or withdraw or restrict the availability of all or any part of the
Website for business and operational reasons, or for reasons beyond the Company’s control.
6.
Visitor material and conduct
6.1
Other than personally identifiable information, which is covered under the Company’s
Privacy Policy, you warrant that any material you transmit or post to the Website shall be
considered non-confidential and non-proprietary. The Company shall have no obligation
with respect to such material. By transmitting or posting any material to the Website you
hereby grant an irrevocable, worldwide, perpetual, royalty free licence to the Company and
its designers shall be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
6.2
You are prohibited from uploading to the Website any material:
•
that is defamatory of any person, obscene, offensive, hateful, inflammatory,
indecent, discriminatory, unlawful or advocates unlawful behaviour, seditious, liable
to incite racial hatred, menacing, scandalous, deceitful, abusing, likely to cause
harassment, in breach of any legal duty, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
•
which impersonates any person or misrepresents your identity or affiliation with any person;
•
for which you have not obtained all necessary licences, consents and/or approvals;
•
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or infringe
the rights of any third party, in any country in the world; or
•
which is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
6.3
The Company shall fully co-operate with any law enforcement authorities or court order
requesting or directing the Company to disclose the identity or locate anyone posting any
material in breach of this paragraph 6.
7.
Links to and from other websites
7.1
Where the Website contains links to other sites and resources provided by third parties,
these links are provided for your information and convenience only. Such links should not be
interpreted as approval by the Company of those linked websites or information you may
obtain from them.
7.2
The Company has not reviewed, and has no control or responsibility over, the contents,
availability or data collection practices of those sites or resources.
7.3
If you decide to access any of the third party websites linked to the Website, you do so
entirely at your own risk.
7.4
The Company does not permit the linking of the Website from any third party websites
unless it has provided its express written consent to do so.
8.
Registration
8.1
When you submit your details to the Company via the Website, you warrant that all the
details you supply, including without limitation, your name and e-mail address are accurate,
that you are authorised to use the email address that you provide and that you are at least
16 years old.
8.2
If you are below the age of 16, please obtain the permission of your parent or guardian
before using the Website. The Company has no intention of collecting any personal
information from children below the age of 16 without informed parental consent.
8.3
Parents are encouraged to review their children’s email and Internet activities to ensure that
the Website is being used in accordance with these Terms.
8.4
The Company takes your privacy seriously. Please read the Company’s Privacy Policy for
details about what information the Company collects and how the Company will use and
protect it.
9.
Terms and conditions of business
9.1
Details of the terms and conditions of business are available at Terms and Conditions for Booking Talent.
Please review such terms and conditions carefully and thoroughly as they will govern and apply to any supply of the services
by the Company and take precedence over and supersede any other terms.
9.2
Any amendment or variation made to the terms and conditions of business as supplied by the Company
shall not be valid or binding unless agreed to in advance by the Company and confirmed by the Company by counter-signing
such amendment or variation on the booking confirmation form.
10.
Disclaimer
10.1
Information on this Website does not constitute an offer or solicitation to conduct
modelling business in any jurisdiction. it is your responsibility to inform yourself about and
observe any applicable laws relating to modelling.
10.2
Information on the Website has been obtained from sources which we reasonably
believe to be reliable and accurate.
10.3
The Company is not responsible for the accuracy of the information contained
within the Website provided by third parties.
11.
Accuracy
11.1
The content on the Website is provided for general information only and it is not
intended to amount to advice on which you should rely.
11.2
While the Company endeavours to ensure that the information on the Website is
correct, the Company makes no representations, warranties or guarantees, whether express
or implied, that the content on the Website is accurate, complete or up to date.
11.3
The Company may make changes to the material on the Website, at any time
without notice. The material on the Website may be out of date, and the Company makes no
commitment to update such material.
11.4
You must obtain professional or specialist advice before taking, or refraining from,
any action on the basis of the content on the Website.
12.
Liability
12.1
The Company, any party involved in creating, producing, maintaining or delivering
the Website, and any of the Company's group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and responsibility for:
•
any third party websites linked to the Website or the material on such third party
websites, including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access to, use
of, or browsing such third party website or your downloading of any material from such
third party website; and
•
loss of profit, loss of business, business interruption, or loss of business opportunity or
and other indirect, punitive or consequential loss or damages.
12.2
The Company does not exclude or limit in any way its liability to you where it would
be unlawful to do so. This includes liability for death or injury caused by its negligence or the
negligence of its employees, agents or subcontracts and for fraud or fraudulent
misrepresentation.
12.3
The Company does not warrant that functions contained in the Website content will
be uninterrupted or error free, that defects will be corrected or that the Website’s server is
free of viruses, worms, Trojan horses or bugs.
12.4
You are responsible for configuring your information technology, computer
programmes and platform to access the Website. You should use your own virus protection
13.
Severance
13.1
If any of these Terms shall be determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these Terms are
intended to be effective, then to the extent and within the jurisdiction in which that term is
illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the
remaining Terms shall survive, remain in full force and effect and continue to be binding and
enforceable.
14.
No waiver
14.1
No delay or failure by the Company to exercise any powers, rights or remedies under
these Terms will operate as a waiver of them nor will any single or partial exercise of any
such powers, rights or remedies preclude any other or further exercise of them. Any waiver
to be effective must be in writing and signed by an authorised representative of the
Company.
15.
Entire agreement
15.1
These Terms including the documents or other sources referred to in these Terms
supersede all prior representations understandings and agreements between you and the
Company relating to the use of this Website and sets forth the entire agreement and
understanding between you and the Company for your use of this Website.
16.
Governing law and jurisdiction
16.1
These Terms shall be governed by and construed in accordance with English law in
addition and subject to, any applicable local consumer laws in your territory. Disputes arising
in connection with these Terms shall be subject to the jurisdiction of your local courts.
Issue date: September 2016
Privacy Policy
Kate Moss Agency Ltd is registered in England and Wales under company number 09311038, VAT
number 232 0444 54 and its registered office is at Aviation House, 125 Kingsway, London, WC2B 6NH (‘we’ or
‘us’) are committed to protecting and respecting your personal information and place great
importance on visitor privacy and the security of all guests visiting the Kate Moss Agency website
(the ‘Website’).
We have notified the Information Commissioner of our role as a data controller under the Data
Protection Act 1998 (Registration number: ZA203669).
This Policy, together with our Terms of Use and Cookie Policies, describes how we will process any
personal data we collect from your, or that you provide to us.
By accessing or using this Website, you are accepting and consenting to the terms of this Policy.
1.
Information we may collect
1.1
We collect information about you in two ways:
a)
information you give us including, but not limited to:
•
information you input into forms on the Website;
•
information you give us when you place a booking;
•
information you provide when you contact us (including within emails you send us); and
•
any details you provide when you request information from us,
which may include your name, email address, password, address and phone number.
b)
information we may automatically receive from your browser including, but not limited to:
•
your internet protocol (IP) address;
•
information about your browser;
•
cookie, web beacon and web bug information;
•
your geographical location, device information, referral source, length of visit and number of page views and similar information.
1.2
Cookies and Web Beacons/Web Bugs
1.2.1
Cookies are small data files sent to your web browser or hard drive by website operators to process information more efficiently. They can contain information about the use of a website or enable to website to recognise you at a later date. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.
2.
Use of the information we collect
2.1
We will generally use information provided by you to enhance your experience of the
Website, to customise the advertising and content you see, to fulfil your requests for
products and services, to improve our products and services, to contact you, and to gather
and review statistical information.
2.2
We will use information we automatically collect about you to administer and improve the
Website and your experience of it, or for security purposes. This information may be
collected by a third party website analytics service provider on our behalf and may be
collected using cookies. For more information on our use of cookies please refer to our
Cookie Policy.
2.3
By providing us with your information you agree that we may use your information for the following purposes:
2.3.1
to send you marketing and promotional material by electronic means (such as
email, SMS and/or MMS), or other information about our products and services
which you have requested to be sent;
2.3.2
to send you general (non-marketing) commercial communications, such as
information about the Website and services provided to you by us at that time;
2.3.3
to provide customer service in relation to your use of the Website, to contact you,
to deal with enquiries and complaints relating to the use of the Website and to
notify you about changes to our services;
2.3.4
to provide third parties with statistical information about our users but this
information will not be able to be used to identify any individual user; and
2.3.5
for security purposes.
2.4
We may also send you surveys or market research questionnaires which you may or may not
choose to participate in. You have the right to ask us not to process your personal
information for marketing purposes. We will usually inform you (before collecting your data)
if we intend to use your data for such purposes. You can exercise your right to prevent such
processing by checking certain boxes via the Website or on the forms we use to collect your
data. You can also exercise the right at any time by contacting us at
info@katemossagency.com.
3.
Disclosure
3.1
We may disclose your personal information:
3.1.1
to other members within our group of companies – including our subsidiaries, our
ultimate holding company and its subsidiaries (as defined in section 1159 of the UK
Companies Act 2006);
3.1.2
to third parties including those referred to in paragraph 3.1.1:
•
where we need to appoint other organisations to carry out processing
activities on our behalf in order to provide our products and services to
you. These third parties may include, but are not limited to, delivery
organisations and mailing houses. If disclosure takes place under these
circumstances, we will ensure that your information is used in line with this
Policy;
•
if we are under a duty to disclose your personal information in order to
comply with any legal obligation (for example in response to subpoenas,
court orders or legal proceedings), or to establish or exercise our legal
rights or defend against legal claims. This includes the sharing of
information in order to investigate, prevent or take action regarding illegal
activities, suspected fraud, potential threats, violations of our terms and
conditions, or as otherwise required by law; and
•
in connection with the sale, merger, joint venture, acquisition or
reorganisation of us or any of our subsidiaries or parent companies and
their respective assets, where we may have to disclose your information to
our new business partners or owners.
3.1.3
We may also pass anonymised and aggregate information on the usage of the Website
to third parties but this will not include information that can be used to identify you.
3.1.4
Other than as expressly set out in this Privacy Policy or as otherwise required or
permitted by law, we will not otherwise share, sell or distribute any of the information
you provide to us without your consent.
4.
Use outside the European Economic Area (‘EEA’) and security
4.1
The data that we collect from you may be transferred, and stored, both within and outside
the EEA. In addition, our staff, service providers (who provide data processing services on
our behalf) or other third parties – acting for us for the purposes set out in the Policy or
otherwise approved by you – who may be located in, or use IT equipment located outside
the EEA including the United States of America where it may be subject to access requests
from governments, courts or law enforcement in the United States of America.
4.2
Whilst we will take all reasonable steps to ensure that your information is used by third
parties in accordance with this Policy, where your data is processed in countries outside the
EEA we will take steps to ensure that your information receives an equivalent level of
protection.
4.3
By submitting your information to us, you will be deemed to have provided your informed
consent to this information being transferred outside the EEA.
5.
Security and data retention
5.1
We endeavour to protect personal information under our control in order to prevent the
loss, misuse, unauthorised access, disclosure or alteration of your information.
5.2
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will take reasonable steps to protect your personal data, we cannot guarantee
the security of your data transmitted to our Website; any transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features
to try to prevent unauthorised access.
5.3
This Website may contain links to other websites that are owned and operated by third
parties. Even if the third party is affiliated to us, we have no control over their websites. If
you follow a link to another website, we encourage you to read its privacy policy which may
differ from this Policy. We do not accept any responsibility or liability for any other policy.
5.4
We will retain your information for no longer than necessary to provide the services
requested or as otherwise specified by law.
6.
Privacy of children
6.1
This website is not aimed at or designed for children and we do not intend to (and will not
knowingly) collect any personal information from children below the age of 16 without
parental consent.
6.2
If you are under 16, you must ask your parent or guardian for their permission before
sending any information to us or asking us to email you. By sending us any information to us,
or asking us to email you, you are confirming that your parent or guardian has consented to
you doing so. We may require to confirm this with your parent or guardian accordingly.
6.3
We encourage parents to review the email and internet activities of their children to ensure
that this Website is used in accordance with this Policy and with their consent. Should
parents wish to access any of their children’s personal information which is held by us they
should follow the steps outlined in paragraph 7.
7.
Access to information and removing your data
7.1
you have the right to access information held about you or, if you are a parent, your child.
You may request a copy of this information by emailing info@katemossagency.com and we
may charge an administration fee of £10 to meet our costs for providing you with these
details.
7.2
You have the right to ask us to remove your personal information from our database and to
request that you stop receiving communications from us at any time. You can do this by
emailing us at info@katemossagency.com.
8.
Changes to the Policy
8.1
We reserve the right to modify this Policy at any time without notice. Any changes will be
posted on this page and, where appropriate, you will be notified by email. You are
responsible for reviewing the Policy regularly for any updates or changes.
9.
Contact
9.1
Please contact us if you have any comments, questions or suggestions regarding this Policy
by emailing info@katemossagency.com.
Issue date: September 2016
Kate Moss Agency Ltd is registered in England and Wales under company number 09311038, VAT number 232 0444 54 and its registered office is at Aviation House, 125 Kingsway, London, WC2B 6NH (‘we’ or ‘us’) want to provide you with the best experience when you browse the Kate Moss Agency website (the ‘Website’). The Website therefore uses cookies to distinguish you from other users, which also allows us to improve the Website.
By continuing to use the Website you are agreeing to our use of cookies.
1.
Contact
1.1
Cookies are small data files sent to your web browser or hard drive by website operators to process information, including to identify and track you more efficiently. They can contain information about the use of a website or enable to website to recognise you at a later date.
1.2
Cookies will prevent the need for duplication of information and they can also enable us to track and target the interests of our users to enhance their experience on the Website.
2.
Cookies on the website
2.1
We use the following cookies on the Website:
•
essential cookies - required for the operation of the Website; and
•
analytical/performance cookies - help us improve the Website by allowing us to recognise and count the number of visitors and see how visitors move around the Website.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookie | Name | Purpose | More information |
_ga | Google Analytics | This cookie enables us to estimate our audience size and usage pattern and how visitors reached our Website. | http://www.google.co.uk/intl/en/analytics/privacyoverview.html |
2.2
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.
2.3
Except for essential cookies, all cookies will expire after 2 years.
2.4
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website. For more information please consult the “Help” section of your browser.
2.5
If you adjust your browser setting to refuse all cookies (including essential cookies) you may not be able to access all, or parts of, the Website.
2.6
To indicate your acceptance of our use of cookies in accordance with this Cookie Policy you can click accept in the appropriate place on the banner that appears on our Website. However, please note that if you do not click accept but you continue to browse the Website you will be deemed to have accepted our use of cookies in accordance with this Cookie Policy.
Issue date: September 2016