TERMS OF WEBSITE USE / PRIVACY NOTICE / COOKIE POLICY
TERMS OF WEBSITE USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.notarypublic.ie (“Website”) (“Terms”). Use of our Website includes accessing, browsing, or registering to use our Website.
The Website is operated by The Faculty of Notaries Public In Ireland (“we”). We are an incorporated body limited by guarantee, incorporated in Ireland on the 13th March 1981 with company number 81632We and have our registered office at 5 Upper O’Connell Street, Dublin 1.
By using our Website, you confirm that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website. Please check this page from time to time to take notice of any changes we make to the Terms.
If you have any questions, please contact INFO@NOTARYPUBIC.IE
1. ACCESSING OUR WEBSITE
1.1 Access to our Website is on a temporary basis, and we may amend the information or withdraw or suspend our Website and/or the services on our Website without notice.
1.2 You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these terms. You must not use any part of the materials on our Website for commercial purposes.
1.3 You may print one copy and download extracts of any pages from our Website for personal reference only. You must not modify the hard or soft copies of any materials you have. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website without the accompanying text.
1.4 We process any information we collect from you in accordance with our privacy policy and cookie policy set out below. By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.
1.5 You must not attempt to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website.
2. PROHIBITED USES
2.1 You may use our Website only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, you may not use our Website:
2.1.1 for harming or attempting to harm any individual;
2.1.2 to send, receive, upload, download, use or re-use any material which does not comply with the standards set out in section 3.2 below;
2.1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
2.1.4 to create liability for or cause damage to us in any way.
2.2 You will not reproduce, duplicate, copy or resell our Website (or part of it) in breach of any of the provisions in these Terms and will not access, interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored or any software used in the provision of our Website.
3. UPLOADING MATERIAL TO OUR WEBSITE
3.1 If a feature allows you to upload material to our Website, or make contact with other users of our Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in Ireland and in any country from which it is posted.
3.2 You must not upload anything to our Website which:
3.2.1 contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material;
3.2.2 promotes discrimination;
3.2.3 infringes any intellectual property rights or is in breach of any obligation owed to a third party;
3.2.4 is false, inaccurate or misleading;
3.2.5 is (or could considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another’s privacy, or
3.2.6 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they come from us.
3.3 We have the right to use, copy, distribute and disclose to third parties any material that you upload to our Website for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material uploaded by you constitutes a violation or breach of their rights.
3.4 We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Website and we have the right to remove any material or posting you make on our Website.
4. LINKING TO OUR WEBSITE AND FRAMING
4.1 Our Website must not be framed on any other Website. You may link to our home page only, from a Website owned by you and that complies with the standards set out in 3.2, provided you do so legally. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and any link must not damage our reputation or exploit it.
4.2 We reserve the right to withdraw this permission without notice.
5. OUR LIABILITY
5.1 The materials posted on our Website are not intended to amount to advice on which you should rely. We therefore disclaim all liability and responsibility arising from any reliance placed by anyone on such materials.
5.2 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, availability or completeness. To the extent permitted by law, we hereby expressly exclude:
5.2.1 all conditions, warranties and other terms which might otherwise be implied by law;
5.2.2 any liability whatsoever incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
5.2.2.1 any indirect or consequential loss or damage; and
5.2.2.2 loss of data, anticipated savings, profits, contracts, business (or business opportunity), income, revenue, goodwill, reputation, or wasted management time.
5.3 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
5.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Faculty of Notaries Public in Ireland and The Institute of Notarial Studies (Irish Trademark Numbers 261142 and 263319 respectively) are the trademarks of ours. We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. The contents of the Website and the material published on it is protected by copyright and other intellectual property rights, under laws and treaties around the world. All such rights are reserved, and no licence (implied or otherwise) is granted to users of our Website in relation to such intellectual property rights.
6.2 Our status (and that of any contributors) as author of material on our Website must be acknowledged.
6.3 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them.
7. VIRUSES AND OTHER OFFENCES
7.1 You must not misuse our Website by knowingly introducing viruses or other material which is malicious, harmful or which disrupt the current operation of our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
8. SUSPENSION AND TERMINATION
8.1 We will determine, in our discretion, whether there has been a breach of these Terms by you and, in such cases, we may take such action as we deem appropriate, including without limitation:
8.1.1 withdrawal of your right to use our Website;
8.1.2 removal of any material uploaded by you to our Website;
8.1.3 legal proceedings or legal action against you; and/or
8.1.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.2 We exclude liability for actions taken in response to breaches of these Terms.
9. JURISDICTION AND APPLICABLE LAW
9.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
9.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
Privacy Notice
We take our data protection and privacy responsibilities seriously. This notice describes the categories of personal data we collect, how your personal data is processed, the purposes for which we collect your personal data and how we protect your personal data while we process it. Please read the following privacy notice together with any other privacy notice that we may provide on specific occasion, to understand how we use and protect the information you provide to us. We are the ‘data controller’ in respect of your personal data: we are responsible for deciding how we hold and use your personal information.
We reserve the right to change the contents of this website, including this privacy notice at any time, by posting such changes on the website. It is your responsibility to familiarise yourself with the conditions to ensure that you are aware of any changes.
When we collect information from you
We may collect information about you if you:
• Use our website.
Information we may collect from you
We collect the following information from you: :
• Google analytics information.
We may also collect information about your usage of this website as you and others browse our website (see section below on “Cookies”).
Use of the information we collect and its lawful basis
Your personal information will be used for the purposes listed in the table below. We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. We have also described the legal bases which we rely in the table. The legal basis we rely upon will impact which rights you have in relation to your personal information (see section below for more details):
Purpose Legal Basis
Proper functioning of the Website “consent in terms of the terms of website use”
Where we rely upon a “legitimate interest” as our legal basis, we will ensure that our interest is not outweighed by any impact on your rights and freedoms, by using your information in a way which is proportionate and respects your privacy.
Direct Marketing
You will be asked whenever you complete a form to provide your consent to confirm whether you are happy to be contacted for marketing purposes. You can contact us at any time to unsubscribe from marketing, either by following the link in our emails, or by contacting info@ notarypublic.ie
We will only retain the personal information provided by you for as long as is reasonably necessary for the purposes listed in this policy.
Sharing personal information with our service providers and other third parties
We share your information in the manner and for the purposes described below:
i. with third party service providers. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us;
ii. with our regulators, which may include the Data Protection Commission, and with courts and law enforcement to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
iii. we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our advertisers; and
iv. if, in the future, we sell or transfer some or all of our business or assets to a third party, or invite investment in our company, we may disclose information to a potential or actual third party purchaser of our business or assets.
We may transfer personal information outside of Ireland and the European Economic Area (“EEA”). In the event that we do, we will take steps to ensure that your personal information receives an adequate level of protection (by putting in place appropriate safeguards, such as contractual clauses), or that we are able to rely on an appropriate derogation under data protection laws. You have a right to request access to any safeguard which we use to transfer your personal information outside of Ireland and the EEA. To request a copy of the relevant safeguard, please contact us. Please not no such arrangements are currently in place as of the 1st January 2022.
Cookies
Similar to other commercial websites, this website has the possibility of utilising a standard technology called ‘cookies’ and web server log files to collect information about how this website is used. A ‘cookie’ is a small piece of information sent from our website to your computer to help us to identify you quickly. The information we collect allows us to monitor website traffic and to personalise content of the website for you.
You do not need to accept cookies and may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies it is possible that some areas of this website will not function as effectively when viewed.
You can find out more about cookies, you can visit http://www.allaboutcookies.org/.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
How we protect and store your information
Security
We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information appropriate to the nature of the information concerned.
Storing your personal information
We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this privacy notice. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.
In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
Your Rights
Subject to certain exemptions, and in some cases dependent upon our lawful basis (see “Use of the information we collect and its lawful basis” above), you have certain rights in relation to your personal information:
• To access personal information, together with an explanation about how and why we use your personal information;
• To rectify / erase personal information. You also have a responsibility to ensure that changes in personal circumstance with impact the personal data we hold about you are communicated to us so that we can ensure your data is up to date;
• To restrict the processing of your personal information. You can request that we restrict the processing of your personal data where:
o you contest the accuracy of the personal data and we have taken sufficient steps to correct or verify its accuracy;
o where the processing is unlawful but you do not want us to erase the data;
o where we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
o where you have objected to processing justified on legitimate interest ground and are pending verification as to whether we have compelling legitimate grounds to continue processing.
Where personal data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims;
• To object to the processing of personal information (where the lawful basis is “legitimate interests”);
• To object to how we use your personal information for direct marketing purposes;
• To obtain a portable copy of your personal information or have it transmitted to another organisation (where the lawful basis is “consent” or “performance of a contract”, and that data is processed by automated means), in a structured, commonly used and machine readable format;
• To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
• To lodge a complaint with your local supervisory authority (in the UK, this is the Information Commissioner’s Office; and in Ireland, this is the Data Protection Commission (DPC)).
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
Please note that it may be technically impossible to completely delete your information because of back-ups and records of deletions. However, any remaining traces of your personal information will be stored securely and will not be subject to routine access.
We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.
Contact
If you have any questions, comments and requests regarding the use of this privacy notice, please write to us using the contact details above or the contact us module on the website. Data protection compliance is supervised by the DPC. If you have a query or a complaint and you do not wish to discuss it with us, then you should contact the DPC at https://www.dataprotection.ie/en/contact/how-contact-us .