Terms & Conditions
By accessing www.modalmusic.biz you accept all terms and agreements listed herein. The purchase /downloading of any Modal Music products constitutes full acceptance of the terms of this Agreement.
This is a licensing agreement. All products remain the property of Modal Music and are offered for license only. No goods form any part of this agreement. A license to use the products is granted only to the nominated licensee. Use by third parties, lending, hiring or re-selling is strictly forbidden and a license will be deemed invalid in the event of breach of any/all of the terms and conditions stated herein, rendering any further use by licensee of the products illegal. No other rights are granted by the license.
Property Rights Intellectual and Copyright
All materials (including, without limitation, all designs, text, graphics and their selection and arrangement) on this web site are the copyright of Modal Music. No material on this web site may be copied or reproduced in any form whatsoever, whether physical, electronic or otherwise, without the express, prior, written consent of Modal Music. You agree not to publish, sell, alter, create derivative works from, modify, distribute, broadcast, transmit, or edit any content of this site whether purchased or received free of charge without the expressed written permission of Modal Music and/or any appropriate third parties. Any copyright infringement will result in termination of service and possible legal action.
General Terms, Including Limitations on Liability
Modal Music cannot guarantee uninterrupted access to this web site and makes no guarantees as to its operation, availability, functionality or otherwise. The Modal Music web site may be connected by means of hypertext links to or from other web sites, which are not under the control of Modal Music. Modal Music accepts no responsibility or liability for any of the material contained on any such web site and, while it does not wish to affect the opinion of anybody accessing any such web site whether from this web site or otherwise, Modal Music does not endorse, support or promote any statements made or opinions expressed thereon.
This agreement is made in England. Any dispute arising regarding this agreement will be dealt with under English law and within the jurisdiction of the courts within England. Notwithstanding the foregoing, should this web site be accessed by anyone outside of the United Kingdom, it shall be that person’s responsibility to ensure compliance with any local laws to the extent that they do or may apply. You agree that any litigation arising out of these terms of service or your use of this site shall be filed only in the United Kingdom.
If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Modal Music reserves the right to alter these terms and conditions from time to time, by posting new terms and conditions on this web site.
Returned Goods and Refund Policy
If purchased goods are proved to be defective, Modal Music will provide a replacement. Claims of defective goods will be dealt with on a case-by-case basis at the discretion of Modal Music and the decision from Modal Music will be final and indisputable. Due to the ease of digital copying, no refunds will be given.
Modal Music may also disclose personally identifiable Information in cases when we have reason to believe that it is necessary to identify someone who may be violating these terms and conditions or may be causing injury to the rights or property of Modal Music, or other users. Modal Music may disclose personally Identifiable Information of our users to government authorities at our discretion.
Security & Privacy
Modal Music makes reasonable efforts to protect the security and integrity of the information you provide to us once it is received on our systems. However, when you submit information to Modal Music over the internet, the information may travel over many systems that are not controlled by Modal Music. We may, from time to time, notify you via email of special offers or updates. Your email address is kept private at all times and is not made available to any third party unless required by law. All requests to be removed from our mailing list will be honoured.
Modal Music will be what is known as the ‘Data Controller’ of the personal data you provide to us. We are fully committed to complying with the General Data Protection Regulations (GDPR) and Privacy and Electronic Communications Regulations (PECR) and ensuring best practice in protecting and safeguarding your personal data.
What do we need and why do we need it?
We will need to know basic personal data in order to supply you with more information about the products and services you have enquired about and to answer any questions you have. We will only collect and store personal data from you that is required in order to respond adequately to your enquiry or process any purchases of products or services made with us.
What will we do with it?
All the personal data we hold about you will be processed by Modal Music in the UK. No other third-parties will have access to your personal data unless there is a legal obligation for us to provide it. We will take all reasonable steps to ensure that your personal data is processed securely. Information that we collect will only be stored and processed within the UK and is protected by UK Data Protection laws.
The personal data we hold about you will only be used in line with the purposes detailed in this policy and the legal basis for this will be either for the administration of a contract we have in place with you or in line with the legitimate interests of our business in providing information governance and IT Security services (ensuring that this does not impact on your rights or freedoms in relation to privacy) or disclosed as required by law. Tim Knight Music has no reason to process sensitive information (special categories or criminal convictions data) about you.
We may use your personal information to:
a) send you non-marketing commercial communications;
b) send you email notifications that you have specifically requested;
c) send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
d) deal with enquiries and complaints made by or about you relating services provided to you by Modal Music;
e) support your rights under Data Protection law in relation to our use of your personal information.
Disclosing personal information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Except as provided in this policy, we will not provide your personal information to third parties.
We may disclose your personal information:
a) to the extent that we are required to do so by law;
b) in connection with any ongoing or prospective legal proceedings;
c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
d) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
How long will we keep it?
We will generally keep your personal data for a minimum of six years, after which time it will be destroyed if it is no longer required for the lawful purpose(s) for which it was obtained. If you consent to marketing, any information we use for this purpose will be kept with us until you notify us that you no longer wish to receive this information.
We must also tell you that you have the right to refuse consent and the right to withdraw any personal data held about you at any time. If you wish to withdraw the data held, please email us at firstname.lastname@example.org and we will remove such data as soon as possible. We regularly review the consents you’ve given and the way we handle such data is under regular review.
You have a number of rights under the Data Protection Act including:
a) The right to be informed about the collection and use of your personal data e.g. via this privacy notice.
b) The right to access your personal data.
c) The right to have any inaccurate personal data rectified, or completed if it is incomplete.
d) The right to have your personal data erased in certain circumstances.
e) The right to request the restriction or suppression of their personal data in certain circumstances.
f) The right to data portability – to obtain and reuse your personal data for your own purposes across different services.
g) The right to object to our use of your information in certain circumstances e.g. for marketing or profiling purposes.
If you would like to access your own personal information or exercise any of the rights detailed above please contact us by email at email@example.com . In the majority of cases, we will respond to your request within 30 days after receiving the necessary information required to deal with your request. We may ask you to supply appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport plus an original copy of a utility bill showing your current address) and any additional information to help us to deal with your request effectively. There may be some exemptions to dealing with your rights as specified in Data Protection law, but Tim Knight Music will ensure you are fully informed of this within 30 days of receiving your request.
We do not carry out any profiling or automated decision making based on your personal data. Full information on your rights under the Data Protection Act can be found via the following link: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
Amendments and Scope of this Policy
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. This policy will be updated in line with the EU General Data Protection Regulation once these have been translated into UK law. This policy only applies to the business operations of Modal Music. Links within this site to other websites are not covered by this policy.
If you have a concern about how your data is being handled
If you are unhappy about the use of your personal data, then please contact us directly and we will try to resolve your concern. You can also raise a concern directly with the Information Commissioner’s Office and more detail on how to do this can be found from the following link: https://ico.org.uk/concerns/
If you have any questions which you feel have not been answered by this Privacy Notice and Cookies Policy you can contact us by email at firstname.lastname@example.org