Legal / Copyright

PRIVACY POLICY

Wales Darby Inc. and its operating divisions, sales representatives and distributors (heretofore collectively referred to as “Wales Darby”) maintain and operate this and other web sites (collectively the “Wales Darby Sites”) and are sensitive to privacy issues on the Internet. Accordingly, Wales Darby believes that you should know our online information practices, the kinds of information we may collect and how we intend to use this information.

For each visitor to a Wales Darby Site, we automatically collect the visitor’s domain name and/or their IP address.

If you communicate with us by e-mail, we will collect your e-mail address, name, and other information you provide; otherwise, personally identifiable information is only collected on Wales Darby Sites if you voluntarily choose to provide it. Such personally identifiable information may include your name and/or that of your employer, address/location, telephone number and e-mail address. If we are requesting personally identifiable information, we will try to let you know how we will use the information at the time we collect it from you, but before you provide it to us.

The information collected may be aggregated to analyze what pages visitors access, the number of visits, average time spent on the site, etc. The aggregated information is utilized to improve the design and content of the Wales Darby Sites. Usually the personally identifiable information we collect is used to respond to the visitor’s inquiry, but in some instances, it may be used for market research or to provide you with information about our own or related goods or services that we believe support your business needs.

We may make this information available to our distributors, sales representatives or other business affiliates so that they may respond to a visitor’s inquiry or provide information about our own or related goods or services that we believe support your business needs. Alternatively, Wales Darby Sites may provide links to the web sites of our distributors, sales representatives or other business affiliates and, while we believe they have high standards and respect for privacy, we are not responsible for the content or privacy practices they employ.

Wales Darby will not sell to third parties any personally identifiable information derived from a visitor’s visit to or use of an Wales Darby Site.

You should be aware that:

If we are requested to disclose personal information by law, court of law, or as requested by a governmental or law enforcement authority, we may do so.

We may pass your personal information or details of your use of the web site to other divisions, sales representatives and distributors within the Wales Darby group.

We may share information as necessary to prevent fraud or other illegal activities, such as willful attacks on Wales Darby’s information technology systems, and as necessary to establish or preserve a legal claim or defense.

With respect to security: We use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against loss, misuse or alteration of information that we have collected from you at our site. We cannot, however, guarantee the security of any such information.

Children’s Privacy

Protecting the privacy of the youth is especially important. For that reason, we never collect or maintain information on Wales Darby Sites from those we know are under 13 years of age.

Cookies and Web Beacons

In addition to a domain name and/or IP address, Wales Darby may collect information about you automatically when you visit our website(s). The information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.

This information tells us such things as how many users visited our site and the pages they have accessed. By collecting this information, we learn how to best tailor our website(s) for our current and future visitors.

To collect this information, we use a number of different analytics, media optimization tools, analytics tags and pixel tracking activity through ‘cookie’ technology or with ‘web beacons,’ as explained below:

Cookies

A cookie is a small text file that is placed on your computer’s hard drive by your web browser when you first visit the Site. Wales Darby uses cookies to both ensure functioning of the site as well as record user-specific information on what pages you visited as well as record past activities on our site in order to provide better service when visitors return to our site. There are two kinds of cookies that Wales Darby uses:

Session Cookies

Also called a transient cookie, a session cookie stores information about a user on its temporary memory so that it can remember something about you when you are visiting that site. Session cookies do not collect information from your computer and are erased when you close your Web browser.

Persistent Cookies

Also called a permanent cookie, or a stored cookie, a persistent cookie collects identifying information about the user including web-surfing behavior and user preferences for a specific website. Persistent cookies are set with an expiration date and stored on your hard drive until it expires or until you delete from your computer.

In some instances, cookies may enhance your online experience by saving your preferences while you are visiting a particular site. Most Internet browsers accept cookies automatically, but usually you can change the settings of your browser to erase cookies or prevent automatic acceptance altogether if you prefer. Please be advised that if you choose to not allow browser cookies, you may not be able to take full advantage of all the website features offered by Wales Darby.

Web Beacons

Certain pages on our website(s) contain ‘web beacons’ also known as internet tags, pixel tags and clear GIFs. A web beacon is a small graphic image placed on the web page designed to allow Wales Darby to monitor incoming traffic and obtain information such as the IP address of the computer that downloaded the page on which the beacon appears as well as the URL of the page, the time the page was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We also use web beacons to recognize a unique cookie on your web browser, which enables us to learn which advertisements brought you to our website(s).

In order to help gather more information about site usage, walesdarby.com and its affiliated sites use advertising, analytics, media cookies and tags powered by tools such as Google and others. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which also uses cookies. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google uses this information for the purpose of evaluation activity, compiling website reports and providing other services relating to website activity usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

To reiterate, the information collected by all cookies and web beacons is not personally identifiable. It includes general information about your computer settings, your connection to the Internet, the operating system and platform, IP address, your browsing patterns and timings of browsing on the site and geographical location. It does not contain your name, address, telephone number, or email address.

By using this website and affiliated Wales Darby websites, you consent to the processing of data in the manner and for the purposes set out above.

If Wales Darby’s Privacy Policy changes or, if in the future, we intend to use information collected at a Wales Darby Site in a new manner not previously disclosed to you, we will post such changes on our sites. Only information collected after such posting shall be subject to the new Policy or will be put to the new use.

If you feel that a Wales Darby Site is not following this Privacy Policy, please contact us immediately at (631) 585-6800 and ask for our legal counsel.

TERMS & CONDITIONS

Legal Conditions

Registration for sites

Some pages of the Wales Darby Site may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Wales Darby reserves the right to deny registration to any user. Wales Darby particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Wales Darby is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking the user, in particular if the user:

Uses false data for the purpose of registration
Violates these terms and conditions
Neglects its duty of care with regard to user data

Violates any applicable laws in the access to or use of the Wales Darby websiteFor registration, the user shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that its e-mail address, as supplied to Wales Darby, is current at all times and an address at which the user can be contacted.

Upon registration the user will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the user shall promptly change the password received from Wales Darby into a password known only to the user. The User Data allows the user to view or change its data or, as applicable, to withdraw its consent to data processing.

The user shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the user shall log-off from the password-protected websites. If and to the extent the user becomes aware that third parties are misusing its User Data, the user shall notify Wales Darby thereof without undue delay in writing, or, as the case may be, by e-mail. After receipt of this notice, Wales Darby will endeavor to deny access to the password-protected area under such User Data. Access by the user will only be possible again upon the user’s application to Wales Darby or upon new registration.

The user may at any time request termination of registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Wales Darby will remove all User Data and other stored personally identifiable data of the user as soon as these data are no longer needed.

Information and Documents

By using the Wales Darby Sites or downloading documents, materials or information (hereinafter “material”) from them, you agree to be bound by the Legal Conditions set forth in this notice. If you do not wish to be bound by these Legal Conditions, leave immediately, do not use and do not download any material from this or any other Wales Darby Site.

International Users, Choice of Law and Jurisdiction

The Wales Darby Sites and the material contained in them shall be deemed to be provided in the state of New York in the United States of America and you agree that the law governing these Legal Conditions or your use of a Wales Darby Site shall be the laws of the state of New York without regard to any principles of conflicts of law. You further agree that any disputes arising under these Legal Conditions or from your use of a Wales Darby Site shall be submitted exclusively to the courts in the state of New York and that you will not assert jurisdiction in any other court or tribunal anywhere in the world. Wales Darby makes no representation that the material at the Wales Darby Sites is appropriate or available for use at locations outside of the United States. Access to the materials from territories where the materials are illegal is prohibited.

Third-party Sites

As a convenience to you, Wales Darby may provide links to websites operated by other entities, but makes no warranty or representation whatsoever about any linked site and does not imply an affiliation or association with any such site. If you visit or use a linked site, you do so at your own risk.

Disclaimers

All materials on, distributed through or accessible from, the Wales Darby Sites are provided “as is” and “as available,” without warranty of any kind, expressed or implied including but not limited to the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Wales Darby does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice or statement displayed or distributed through the Wales Darby Sites and your reliance on any such materials, advice, statement or information shall be at your sole risk.

Wales Darby shall not be liable for any damages to, including any damages from viruses that may infect your computer equipment or other property by virtue of your access to any Wales Darby Site or your downloading of any materials therefrom.

Limitation of Damages

In no event shall Wales Darby be liable for any direct, special, indirect, consequential, punitive or other damages of any kind whatsoever resulting from any cause whatsoever, including but not limited to loss of use, loss of profits, or loss of data whether in an action under the theories of contract, negligence, or strict liability or otherwise, arising out of or in any way connected with the use of any Wales Darby Site or any materials, information or documents on or accessed through any Wales Darby Site.

Limited License

By your acceptance of the Legal Conditions contained herein: you agree not to deep link or frame link to any Wales Darby Site for any purpose without the express written permission of Wales Darby; and, Wales Darby grants you permission to view, download and copy material provided that (a) all copyright and proprietary notices are retained, (b) the materials are not publicly displayed, publicly distributed, or modified in any way and that no graphics are used separately from its accompanying text, and (c) any use of the material is for informational and non-commercial or personal use only.

Information Provided by You

You agree that any information you send to Wales Darby via the websites or e-mail will not be considered confidential or proprietary and you grant Wales Darby an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce and distribute any such information.

Changes

Wales Darby reserves the right to change information held within the websites, the documentation and files held within the websites, and these Legal Conditions at any time. Data and informational content is subject to change without notice. Any such changes or modifications will be effective immediately when such changed or modified Legal Conditions are posted on the Wales Darby Sites. Your use of a Wales Darby Site after the modified or changed documentation and Legal Conditions are posted shall be your acceptance of that modified or changed Legal Condition or documentation. From time to time, you should review the Legal Conditions and documents posted on the Wales Darby Sites to see the then current Legal Conditions and updated content.

INTELLECTUAL PROPERTY RIGHTS

According to the law in the United States, The UK, Russia and most countries in Western Europe, copyright protection is assigned to original author of the work.

Symbols such as ©, ™, or ® are not required to be displayed since the year 1989 according to the “Berne Convention Implementation Act” (source: Copyright on Wikipedia.com).

Copyright symbols and disclaimers only further clarify who owns the copyright and whether it has been further registered or not.

If a special license is granted to some portion of the content on the Wales Darby Sites, it will be clearly labeled, and the license is limited to that specific information only.

Reporting Abuse of Copyright

If you have found that the Wales Darby Site is violating intellectual property law, the terms of a license agreement or misusing trademarks, please report this problem immediately to us via the form below so that we may review your claim.

A valid claim must identity the original copyright holder and must elaborate on the location(s) you found this information on the Wales Darby Site including any URLs or other identifying information. Please describe in detail the requested action you want Wales Darby to take.

We will honor removal of any information related to a claim that 1) provides reasonable evidence that we do not have the permission to use the information and 2) if we fail to provide adequate evidence to deny the claim.

The information you submit on this form will solely be used by the web developer and web site owner for the purpose of resolving the claim.

We ask that you provide us a reasonable amount of time to respond and/or make corrections.

Make sure your contact information is accurate, we are not able to respond to claims with incorrect contact information.