Website terms and conditions 1. Barb Audiences Ltd 1.1 Barb Audiences Limited is a private company limited by guarantee whose registered company number is 03611026 and whose registered address is 4th Floor, 114 St Martin’s Lane, London WC2N 4BE (“Barb”). 2. This website 2.1 Barb owns the website located at www.barb.co.uk (the “Website”). By accessing and using the Website you the user (“you” or “your”) are agreeing to be bound by these terms and conditions (the “Terms”) which govern your access to and use of the Website. 3. Ownership and use of content 3.1 All text, data, databases, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material on the Website (the “Content”) and all rights in it belongs to Barb or are licenced to Barb by authorised third parties. You may retrieve and display Content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal and non-commercial use. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way, save that as allowed on receipt of a publishing licence pursuant to part a, clause 4 of the Barb rate card (& terms and conditions of use). 3.2 You agree not to adapt, alter or create a derivative work from any of the Content on the Website or to use it for any purpose other than for your personal and non-commercial use save as specified above. 4. Unlawful use 4.1 You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the Website. 5. Intellectual property rights 5.1 All copyright, trade marks, database rights and other intellectual property rights that may exist in this Website and the Content shall remain at all times the property of Barb. 5.2 The trade marks, service marks and logos used and displayed on this Website (“Trade Marks”) are registered or unregistered trade marks of Barb or are licenced to Barb by authorised third parties. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right to use the Trade Marks without written permission from Barb. The name of Barb may not be used in any way, including in advertising or publicity pertaining to distribution of Content without the prior written permission of Barb. 5.3 If you become aware of anything which appears in infringe these Terms, you agree to contact Barb promptly by emailing enquiries@barb.co.uk. 6. Liability 6.1 The Website and Content is provided “AS IS” and on an “AS AVAILABLE” basis and Barb does not guarantee the accuracy, relevancy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. 6.2 Barb data (in whatever form) are the results of accepted statistical sampling and survey procedures designed to produce estimates of television audiences within the limits of normal statistical error. Barb does not warrant the accuracy of the data and, except as required by law, accepts no liability of any kind to any person in relation to the data including liability for errors or defects in or omissions from the data, delays in publication of the data or any breakdown or cessation of the audience measurement service or the supply of data from Barb’s research contractors howsoever caused. 6.3 In no event will Barb be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website. 6.4 Barb has tried to ensure that all the Content provided on the Website is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Barb for any errors, omissions, or misleading Content on the Website or on any websites to which the Website links. 6.5 Barb does not warrant that the Website or Content will be uninterrupted or error free, that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs. 7. Privacy 7.1 You must read and accept the Barb Privacy Policy which details what type of personal information Barb may collect from you when you visit the Website and how Barb may store and use the information in accordance with the Data Protection Act 1998. 8. Changes to the terms 8.1 Barb reserves the right, at its discretion, to make changes to any parts of the Website or these Terms. When these Terms are amended, Barb will publish details of the amendments on the Website. Your continued use of the Website is taken as your agreement to be bound by these Terms as amended. 9. Jurisdiction 9.1 These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts. 10. Severability 10.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country. 11. Conflict 11.1 If there is any conflict between these Terms and any other written agreement between you and Barb then the latter shall prevail. 12. Events beyond our control 12.1 Barb will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control. 13. Links 13.1 Barb is not responsible for the availability or content of any third party websites or material you access through this Website. 14. File download 14.1 Certain files of Content are available for download from the Website. These files of Content are subject to these Terms. Privacy Policy 1. General 1.1 This is the privacy policy (“Privacy Policy”) relating to Barb Audiences Limited (“Barb”) website located at www.barb.co.uk (the “Website”). This Privacy Policy is applicable to any personal information which identifies you and is given by you to Barb via the Website or a related website (the “Personal Information”). Barb may at any time modify, alter or update this Privacy Policy. Barb will publish any changes to this Privacy Policy on the Website. Your continued use of the Website is taken as your agreement to be bound by this Privacy Policy as amended. 1.2 This Privacy Policy describes the Personal Information that Barb may collect from you and the ways which Barb may use that Personal Information. It also tells you how you can check that the Personal Information about you that Barb keeps is accurate and how you can instruct Barb to update this information or erase this information from its files. 2. Intent 2.1 From time to time, you may be asked to submit Personal Information in order to receive or use services on the Website. By entering your details in the fields requested, you enable Barb and its service providers to provide you with the services you select. Whenever you provide such Personal Information, Barb will treat that information in accordance with this Privacy Policy. Barb respects the privacy of every individual who visits the Website. 2.2 By accessing and using the Website you are agreeing or have agreed to be bound by the Website Terms and the Privacy Policy and you consent to Barb holding, processing and transferring any Personal Information that you give Barb as set out in this Privacy Policy. Barb is notified under the Data Protection Act 1998 (“The Act”). 2.3 Personal Information will only be used for the purposes stated at the collection point or in accordance with this Privacy Policy. If applicable you may have the opportunity at the collection point to “opt in” to the receiving of promotional and/or marketing information from Barb and/or any third parties. 3. The personal information collected 3.1 Barb may request, via the Website, Personal Information from you which may include your name, address, e-mail address, telephone number, fax number, password, firm’s name or position of employment. 4. Barb’s use of the personal information 4.1 Barb will use your name, address, telephone number, fax number or e-mail address to contact you when necessary. 4.2 Employers, contractors and agents of Barb may be given access to any Personal Information which Barb collect, but their use shall be limited to performance of their duties in relation to the services to you provided by Barb. 4.3 Other than is required by law or as set out in this Privacy Policy, Barb will not disclose, rent or sell the Personal Information to any third party without your permission. 4.4 Barb will hold your Personal Information on its systems for as long as necessary in connection with your use of the Website. Barb will remove it either when requested by you, when you have informed Barb that you no longer use the Website or when the purpose for which it has been retained has been met. 4.5 Your Personal Information may be used to allow Barb to contact you for “service administration purposes”. This means that Barb may contact you for a number of purposes relating to the services they provide on the Website. For example, Barb may wish to provide you with a password reminder or notify you that a particular service has been suspended for maintenance. 4.6 Barb will not contact you for promotional purposes, such as notifying you of improvements to the services or new services offered by Barb unless you specifically agree to be contacted for such purposes at the time you submit your Personal Information on the Website or at a later time if you sign up specifically to receive such promotional information. 5. Cookies 5.1 A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance or refer to the help or documentation available for your browser. 5.2 We ONLY store cookies for users who accept the use of cookies and log in to our additional services. There are two reasons for this: a. to log in users securely and continuously b. to understand how the site is being used in order to improve the user experience If you do not accept the use of cookies, you will not be able to log in to use our additional services. 5.3 Following login, we use both session cookies and persistent cookies on the website. We will use the session cookies to keep track of you whilst you navigate the website. We will use the persistent cookies to enable our website to recognise you when you visit. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. 5.4 Users are able to use the open access area of the Barb website without consenting to the use of cookies. There are open access areas in all sections of the website. If you do visit our open access areas having not consented to the use of cookies, cookies will not be used on those areas. 6. Security measures 6.1 Barb will take reasonable precautions to prevent the loss, misuse or alteration of your Personal Information. Barb’s employers, contractors or agents who have access to your Personal Information are required to keep that information confidential and are not permitted to use it for any purposes other in connection with your use of the Website. 7. Your access to the information 7.1 If you have given Barb any Personal Information and would like copies of this information Barb will respond to your request within 40 calendar days and are entitled to charge you £10 for copies, or if you would like us to correct any factual inaccuracies then please e-mail Barb at enquiries@barb.co.uk. 7.2 If requested by you, Barb will use reasonable efforts to supply, correct or delete information about you on their files. 8. Transfers of information outside the European Economic Area 8.1 Your use of the Website may result in the transfer of Personal Information provided by you across national boundaries. By visiting the Website and communicating with us electronically, you consent to the transfer of your Personal Information outside the European Economic Area. 9. Third party websites 9.1 This Website contains links to other websites. Barb is not responsible for the privacy practice or contact of such websites. 10. Contact Barb 10.1 If you have any questions regarding this privacy policy please contact Barb at enquiries@barb.co.uk.