This Policy may be updated at any time. Please ensure that you regularly read the latest version of this page.
PLEASE READ THIS POLICY CAREFULLY BEFORE YOU ACCESS THE SITE AS IT CREATES LEGAL OBLIGATIONS BETWEEN YOU AND US. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE SITE.
Information We Collect
We may collect information about you when you use this Site or when you apply for or use other services offered by Us in the following ways:
• We may send cookies to your computer. Cookies are strings of information that are sent out by a website and saved in your computer. We may use session specific cookies and "web bugs" to automatically collect data about website usage when you visit this Site, including your IP address, "click-stream" data regarding the portions of the site that you visit and the information or other services you obtain or input (including domain name, Internet service provider, protocol, browser type, operating system etc.) ("Usage Information"). This information is collected primarily for purposes of administering the Site, compiling demographic information and monitoring usage and performance of the Site. If you turn off the cookie function you may not receive all the information on the website.
• We may collect information concerning the attachments you open within newsletters that are sent to you electronically.
• We may also collect personal information about you from applications, forms or questionnaires you may complete or agreements you enter into with Us or in the course of your establishing or maintaining a customer relationship with Us, including information about your credit history or financial situation, and your transactions with Us or others who provide services to Us.
If you decline to provide Us with the personal information We require then We may not be able to make investment products available to you or to provide other services to you.
Security of Data Transfers
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
We continue to innovate and improve the Site. Accordingly, you expressly acknowledge and agree that the form and nature of the Site and any other services offered to you by Us may change at any given time, without prior notice to you in any form. You expressly agree and understand that We, in our sole discretion, may need to interrupt part or all of the Site or any other services for maintenance or other reasons, without any prior notice to you.
You expressly understand and agree that Catriona MacKechnie can not be held responsible in case of force majeur or because of events that are outside its competence such as any interruption of the access networks to the services it offers, or loss of data.
WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE CONTENT, FACILITIES, AND FEATURES OFFERED ON OUR SITE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. THE SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE DO NOT WARRANT THAT THE SITE, OR ANYTHING YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. TO THE EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CATRIONA MACKECHNIE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF ECONOMIC ADVANTAGE, BUSINESS PROFITS, DATA OR INACCURACY OF DATA), IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR FROM USE OF THE SITE, WHETHER OR NOT CATRIONA MACKECHNIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY (WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT TORT LIABILITY, OR BASED ON A WARRANTY) UNDER WHICH THE LIABILITY MAY BE ASSERTED.
Protection, Processing and Use of Personal Data
We use your personal information to enhance the quality of the products or services We wish to provide to our customers or in connection with your investments with or through Us and to maintain contact details for those with whom We deal. We maintain physical, electronic and procedural safeguards to guard your personal information, including firewalls, individual passwords and encryption and authentication technology. We do not use for purposes other than as set out above, or disclose to any third party any personal information about our customers or former customers, except with such customer’s consent or as otherwise permitted or required by law. In cases where We believe that additional products and services may be of interest to you, We may share your personal information with affiliates of Catriona MacKechnie to the extent permitted by applicable law. We may also disclose this information to firms that perform services on our behalf to the extent permitted by applicable law. These service providers are required to treat the information confidentially and use it only for the purpose for which it is provided. Certain jurisdictions may have more stringent privacy requirements that will prevent disclosure of your personal information to any other person or entity, including affiliates.
We will retain your personal information in accordance with applicable data protection laws for so long as it is needed.
This Site may contain hyperlinks to other websites that are not operated or monitored by Catriona MacKechnie. These other websites are not subject to this Policy and We are not responsible for their content or for the policy they apply to the treatment of personal data. We recommend that you read the policy used by these websites and check how these websites protect your personal data and whether they are trustworthy.
Your submission of an order represents an offer to purchase the Goods indicated by you and it is not binding on Us until We have notified you that an order is accepted. All advertisements and communications are made by Us until your order is accepted by Us are invitations to treat only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, We shall not be obliged to sell you those goods. All sales are subject to the terms listed on the Site.
As well as selling via the Website, We sell our product through our shop. Normally, prices on the Website are the same as the prices in our shops however prices may vary and We cannot guarantee that all prices are the same. Store prices can only be met in the store where the goods are offered.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Policy for: 1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 2. any loss of goodwill or reputation; or 3. any loss which was not brought to the attention of Us at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us; in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, was suffered or incurred by either party arising out of or in connection with the provisions of any matter under this Policy.
Waiver: The failure by Catriona MacKechnie to enforce at any time or for any period any one or more of the terms or conditions of this Policy shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Policy.
Severability: If any term or provision of this Policy shall be held by any judicial, arbitral, regulatory or other public authority of competent jurisdiction to be illegal, invalid, void or unenforceable, it will be to that extent omitted and the validity or enforceability of the remainder of this Policy shall not be affected. Whenever possible, each provision of this Policy will be interpreted in such a manner as to be effective and valid under applicable law.
Headings: The clause headings in this Policy are inserted for each of reference only and shall not affect the construction or interpretation of this Policy.
No License: Nothing contained in this Policy shall be construed as granting, by implication, estoppel or otherwise, any licenses or rights under any patents, copyrights, trademarks or other legally protectable proprietary rights (present or future) of Catriona MacKechnie unless expressly provided for herein.
Choice of Law: This Policy will be governed by and construed in accordance with the laws of the State of New York (without reference to New York's rules regarding conflict of laws) and the parties further consent to exclusive jurisdiction and venue in the state and federal courts in New York, in the judicial district that includes New York County.