WEB SITE LEGAL NOTICES
PLEASE READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE
This web site Copyright © 2015 KENNYS MUSIC (K G MUSIC Ltd). ALL RIGHTS RESERVED. Individual documents may contain different copyright notices and/or additional proprietary notices.
All registered product names and technology trademarks indicated on this site are registered trademarks of Kennys Music, or are the sole property of its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither Kennys Music, nor its affiliates, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS RESERVED.
Certain areas on this web site, with access restrictions, may contain confidential information. Access by unauthorized persons, and unauthorized use or disclosure of Kennys Music confidential information, may be a violation of Kennys Music's rights and are strictly prohibited. By accessing Kennys Music confidential information, you agree to keep this information confidential, or, if you have a contractual right to use Kennys Music confidential information for your customers, your customers' networks. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. You will not alter, decompile, disassemble, reverse engineer, or modify any of this confidential information that you receive.
Any questions, comments, suggestions, or other information submitted to Kennys Music in response to this web site shall be deemed non-confidential and Kennys Music shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation.
Kennys Music discourages you from sending us any information that you consider to be confidential or proprietary through this web site. Please note that if you do send us any such information or material, Kennys Music will assume it is NOT confidential.
The information on this web site, along with any materials incorporated herein (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of Kennys Music and/or its suppliers and is protected under US and worldwide copyright author rights and neighbouring rights laws and treaty provisions. Kennys Music grants you permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the materials are used solely with permission of Kennys Music. No other use of the information is authorized, unless otherwise stated by the Scots law.
Any software downloaded or product obtained from this web site is governed exclusively by the license terms accompanying the file or product or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software or obtaining such product, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or such product not in accordance with the license is expressly prohibited by law.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Kennys Music, its affiliates or any third party.
Your use of this site shall be governed in all respects by the laws of Scotland. As such, the laws of Scotland, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions.
The data Controller and the data Processor
What kind of data are processed; what are the purposes of the data processing
In general, the visit and consultation of the Website does not imply collection and processing of user’s personal data. The processing of user’s personal data who visits and consults the Website is limited to the so-named surfing data, namely the data whose transmission to the Website is implicit in the functioning of the information systems in charge of the managing of the Website and in the use of communications protocols peculiar to the Internet. Surfing data are, for example, the IP addresses or the domain names of the computers employed by the user who connects to the Website and other parameters relating to the type and the information operating system employed by the user. Surfing data, such as these above specified and for example the number of visits, the time spent on the Website are collected and processed by K G Music exclusively for statistical purposes and in anonymous form in relation to the access and use of the Website for purposes of monitoring the correct functioning of the Website and enhancing the Website functioning and content. Due to the nature itself of surfing data, these data may lead to identification of users if they are associated with data held by third parties; however, K G Music does not collect surfing data in order to associate them with identified users. Surfing data are deleted after the processing in anonymous form; said data may be used for purposes of assessing possible responsibilities in case of information crimes realized against the Website or through the Website. With the exception of the aforementioned circumstance, K G Music keeps the user’s surfing data only for the maximum period of time allowed under applicable laws and then makes said data anonymous.
Furthermore, K G Music collects and processes personal data voluntarily provided by user when user interacts with the Website functionalities and requests the services offered by the Website, for example upon user subscription to the Website; user subscription to newsletter or mailing list; user purchase of products through the Website, which includes all activities relating to the purchase of goods, such as for example delivery of goods, billing issues, returning and exchanging of goods, receiving refunds, purchase and use of gift cards and e-gift cards, as applicable, payment related activities, including fraud prevention, and customer support and interaction with our call centre; user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, user request of information to K G Music or user sending to K G Music a question, communication or feedback through traditional mail or through the Website. When user sends his/her curriculum vitae (CV) and other information for personnel selection purpose, the company Kennys Music K G MUSIC LTD 73 Elgin St, Dunfermline, KY12 7SD will act as data controller and will take care of your job application. Kennys Music will act according to Scottish privacy law, as a controller established in Scotland. For the processing of your personal data when you apply for a job through the Website, please see the relevant privacy Statement. We will process user’s personal data also to comply with laws, regulations and Community legislation, and to assess and defend a legal right. We may process user’s personal data also when user contacts our customer support and call centre, which may communicate with user and thus process user’s personal data through e-mail, chat and telephone. User may finalize the purchase of our products also through telephone calling our calling centre, following the procedure specified in our Terms and Conditions of Sale. For the processing of your personal data when you make a purchase on our Website, please see our relevant privacy Statement. The call centre will assist user in closing transactions over the phone and processing user’s order on user’s behalf and for said purpose it will collect user’s personal data and credit card details. The call centre will also register user’s phone number for purpose of call-back and back-office services in order to provide user with the requested support and information. Marketing, statistical and profiling activities as above specified may also be performed by the call centre, with user’s consent. In some cases, for purposes of internal training, quality control and verification, the call may be recorded and the e-mails may be saved to the extent not prohibited by applicable laws. User will always be informed in advance of the recording of the communication, and user will have the opportunity to object to such recording, save when this is necessary for verification purposes in relation to your purchase or other reasons, as allowed under applicable laws.
With the user’s consent, that is optional, K G Music may further process user’s personal data for survey purposes; for marketing purposes, that is for sending to user, also through e-mail or other electronic communications means such as SMS, MMS, fax, etc., promotional information and material on products and services of K G Music, on special initiatives on prices and promotions of K G Music and on initiatives such as events, exhibitions and fairs organized by K G Music or to which K G Music takes part; and for profiling purposes. For the marketing and profiling activities above defined user’s personal data may also be shared with other K G Music companies. User will always have the opportunity to object, at any time and for free, to the processing of his/her personal data for the sending of promotional information and material; in each communication there will be a specific section in which are specified the conditions (easy to perform and free of charge) of revoking the consent.
Personal data that K G Music collects and processes include name, and contact details such as street address, telephone number, e-mail address and further possible information of an optional nature. In the relevant sections of the Website where data are collected it is published a specific information statement drafted according to the Privacy Law. When requested under the Privacy Law, K G Music requires the user’s consent before proceeding to processing his/her personal data.
Place where the data are stored
The so called ‘session cookies’ are stored in a temporary memory and are deleted when user closes the browser. Session cookies do not collect any information from the user’s computer.
Conditions and features of the personal data processing
Personal data collected by K G Music are mainly processed through electronic and automated means but also without the same (paper processing), under procedures and logics that comply with the data processing purposes as herein specified. Personal data of user are processed according to applicable privacy laws, including security and confidentiality issues, and are kept only for the time strictly functional to achieve the specific data processing purpose from time to time pursued and according to applicable laws.
Security and quality of personal data
K G Music is committed to protect security of the user’s personal data. Personal data are processed by K G Music in compliance with the security provisions as set forth by applicable laws in order to prevent loss and destruction, even accidental, of data, unauthorized access to data, unlawful or unfair use of data. Moreover, information systems and software programs are configured so that personal and identification data are used only when necessary to achieve the specific processing purpose from time to time sought.
K G Music deploys a variety of advanced security technologies and procedures to help protection of user’s personal data against the risks above outlined. For example, personal data provided by user are stored on secured servers placed in controlled locations. Moreover, for the transmission of some data through the Internet are deployed encryption techniques such as the Secure Socket Layer (SSL) protocol.
User may help K G Music to update and maintain accuracy of the personal data provided by user to K G Music by notifying K G Music of any amendment relating to user’s address, title, telephone number or electronic mail (e-mail) address. Registered user may perform the foregoing on-line following the instructions reported on relevant user’s profile pages of the Website.
Extent of personal data communication
User personal data may be communicated to institutions, authorities, public entities, banks and financial institutions, professionals, independent consultants, also in associate form, business partners and third party service providers to which K G Music may revert to for performance of professional, technical and organizational services functional to the managing of the Website and the activities therein performed, such as for example the sales of goods and related activities, the managing of functionalities offered by the Website and of the initiatives and services that user may subscribe to and require through the Website, and for services strictly functional to achievement of the other processing purposes herein specified. For purposes functional to the managing of the Website and related activities, for example for the purchase of goods through the Website or through telephone by our call centre, user’s personal data may be also communicated to other companies of the K G Music group within the European Economic Area, that will process them according to applicable privacy laws for the purposes above specified, including marketing and profiling activities. With specific reference to the purchase of goods, data will be processed by the relevant local K G Music entity established in the place where delivery has to take place, acting as controller of your personal data in accordance with applicable privacy laws, for the following purposes: billing issues, dispatch of goods, returning and exchanging of goods, receiving refunds, purchase and use of gift cards and e-gift cards as applicable, payment related activities, including fraud prevention. The activities of customer support and managing of our call centre are performed by data processor, K G Music. Moreover, for closing transactions and payment processing we revert to third party service providers for managing and support of the e-com platform. These service providers are bound by contract obligations so that they will implement adequate security measures to protect security and confidentiality of user’s personal data and credit card information.
The third parties receiving user’s personal data as above specified will process data as Data Controllers (K G Music local entities) for the purpose of customer support and call centre, and other third party services providers), as the case may be, according to applicable data protection laws and for the same purposes above specified. Personal data may also be communicated to third parties in case of mergers, acquisitions, transfer of any of our assets, products, websites or operations. These third parties will be provided only with the information necessary to performance of their respective functions; they agree to use the information received only for the processing purposes above specified, to keep it confidential and secure and to comply with applicable law and the instructions received by K G Music. The third parties receiving your personal data are established within the European Economic Area and will process them under applicable privacy laws for the purposes above specified.
Except for the foregoing, user’s personal data will not be shared with third parties, natural persons or legal entities, that are unrelated to, or that do not perform a business, professional or technical function for K G Music. User’s personal data may further be communicated to whoever is the legitimate addressee of communications as provided by applicable laws and regulations, thus for example in case of judicial processes, request by competent courts and authorities or other legal obligation, to protect and defend the rights and property of K G Music and the Website. User’s personal data will not be communicated to third parties for their own marketing purposes and will under no circumstance be spread.
Providing of personal data
Except for the foregoing description in relation to the surfing data (please refer to the above section ‘The nature and kind of data processed’), providing of personal data by user is necessary for performance of the services and functionalities offered by the Website and required by user, such as the user subscription to the Website, to newsletters or mailing lists, the managing of the user purchase of products through the Website and related activities, the managing of user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, replying to and managing of user’s request of information, questions, communication or feedback to K G Music, the managing for personnel selection purposes of the curriculum vitae (CV) and other information sent by the user. Providing of user’s personal data for the activities necessary to comply with applicable legislation is mandatory. In the above referenced circumstances, denial of providing personal data by user would make it impossible for K G Music to comply with contractual obligations or to provide user with the requested services, products or information as above specified.
Providing of data by user for the survey purposes, the marketing purposes, and the profiling purposes as above specified is optional; denial of providing personal data by user in said circumstances will have no consequences on compliance by K G Music with its contractual obligations and on the providing user with the services, products or information requested as above specified.
User’s privacy rights
User is entitled at any moment to enforce the rights as provided under Art. 10_ of the Privacy Law or other applicable privacy law, as the case may be, including but not limited to the right to obtain at any moment confirmation that user’s personal data exist or do not exist, verify their content, origin and accuracy, ask for their integration, updating, amendment, deletion, and user may oppose for legitimate reason the data processing (including objecting, at any time and for free, to the processing of his personal data for direct marketing purposes).
For any query or request relating to the personal data processing by K G Music and to enforce the rights under the Privacy Law, user may contact Kennys Music, acting as data Processor of K G Music, as follows: Phone: +44-1383-733353, by traditional mail to “Kennys Music, 73 Elgin St, Dunfermline, KY12 7SD; or by sending an e-mail through the proper form provided at the following link:contact us.