The Legal stuff



Introduction.
Bordwalk, Inc and Bordwalk Limited ("Bordwalk") provides to you this website ("Web Site") for your personal informational, educational and entertainment use. The following Terms of Use govern your access and use of this Web Site. Please read these Terms of Use carefully before using this Web Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site ("User Content") or transactions conducted through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. When used in these Terms of Use, "we" and "our" means Bordwalk, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Web Site.

  1. Acceptance of Terms of Use.
    By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

  2. Modification of Terms.
    These Terms of Use may be amended by Bordwalk, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Web Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Bordwalk reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice.

  3. Privacy Policy.

Personal information provided through this Web Site shall be used in accordance with the Bordwalk Privacy Policy https://bordwalk.com/legal/ and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

 

    1. Copyright and Trademarks.
      You acknowledge that all content on this Web Site, including the Web Site's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "Content"), are the property of Bordwalk or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Web Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Bordwalk or the respective intellectual property rights owner. Bordwalk authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Web Site (including, without limitation, Bordwalk) are the sole property of Bordwalk and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Bordwalk and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Bordwalk and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Bordwalk. Bordwalk will enforce its intellectual property rights to the fullest extent of the law.

    2. Links to Third Party Websites.
      Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. Bordwalk does not control or endorse any such third party websites. You agree that Bordwalk and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Bordwalk expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Bordwalk recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

    3. Disclaimer of Warranties.
      Bordwalk strives to provide accurate and up-to-date material on this Web Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site.YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BORDWALK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BORDWALK MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
      SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    4. Disclaimer of Damages and Limitation of Liability.
      NEITHER BORDWALK OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Bordwalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST BORDWALK AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

    5. Indemnification and Release.
      You agree to indemnify, defend and hold harmless Bordwalk and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site. If you have a dispute with one or more users, you release Bordwalk and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

    6. No Unlawful or Prohibited Activity.
      As a condition of your use of this Web Site, you agree not to use the Web Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Web Site. You agree not to post on or transmit through this Web Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. Bordwalk reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Web Site.

 

  • Shut-down of Website.

 

Bordwalk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent. Bordwalk and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.

  1. Governing Law and Dispute Resolution.
    These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. Bordwalk makes no representations that the material and information on this Web Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

  2. Severability.
    If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

  3. No Waiver.
    The failure of Bordwalk and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit Bordwalk's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

Last Update: October 9th, 2018

 






Privacy Policy


  1. Introduction
    1. We are committed to safeguarding the privacy of our website visitors to Bordwalk.com.
    2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors. in other words, where we determine the purposes and means of the processing of that personal data.
    3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website, we will notify you to our use of cookies when you first visit our website. By continuing to browse our website you are consenting to our use of cookies.
    4. In this policy, "we", "us" and "our" refer to Bordwalk Limited.
  2. How we use your personal data
    1. In this Section 2 we have set out:
      1. the general categories of personal data that we may process;
      2. the purposes for which we may process personal data; and
      3. the legal bases of the processing.
    2. We may process data about your use of our website ("usage data"). The usage data may include your IP address, geographical location, browser type, operating system, referral source, length of visit, page views and website navigation paths, as well as information about timing, frequency and pattern of the website use. The source of the usage data is Bordwalk Analytika. This usage data may be processed for the purposes of analysing the use of the website. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website experience.
    3. We may process information contained in any enquiry you submit to us regarding our services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant services to you. The legal basis for this processing is consent.
    4. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant newsletters. The legal basis for this processing is consent.
    5. Please do not supply any other person's personal data to us, unless we prompt you to do so.
  3. International transfers of your personal data

In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

    1. We have offices in New York, Los Angeles, London and Montreal. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from the use of binding corporate rules, a copy of which you can obtain from our Data Controller.
    2. The hosting facilities for our website are situated in London, Montreal and Los Angeles. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
  1. Retaining and deleting personal data
    This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
    1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
      1. We will retain your personal data as follows:

        (a) Anonymous Session data from website users will be retained for a minimum period of 6 months following the date of session visit, and for a maximum period of 12 months following the session visit.

(b) Upon joining our Mailing list we will store your data until you notify us otherwise, either by unsubscribing or not opening our emails after a prolonged period. In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained.

 

Amendments

7.1We may update this policy from time to time by publishing a new version on our website.

7.2You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3We may notify you of significant changes to this policy by email


8.Your rights

8.1In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2Your principal rights under data protection law are:

(a)the right to access;

(b)the right to rectification;

(c)the right to erasure;

(d)the right to restrict processing;

(e)the right to object to processing;

(f)the right to data portability;

(g)the right to complain to a supervisory authority; and

(h)the right to withdraw consent.

8.3You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.


8.4You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10To the extent that the legal basis for our processing of your personal data is:

(a)consent; or

(b)that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13You may exercise any of your rights in relation to your personal data by written notice to us

 


9.About cookies

9.1A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.Cookies that we use

10.1We use cookies for the following purposes:

(f)analysis - we use cookies to help us to analyse the use and performance of our website and services; and

(g)cookie consent - we use cookies to store your preferences in relation to the use of cookies


11.Cookies used by our service providers

11.1Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://policies.google.com/privacy.


12.Managing cookies

12.1Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)https://support.google.com/chrome/answer/95647 (Chrome);

(b)https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)https://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)https://support.apple.com/kb/PH21411 (Safari); and

(f)https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2Blocking all cookies will have a negative impact upon the usability of many websites.

12.3If you block cookies, you will not be able to use all the features on our website.

13.Our details

13.1This website is owned and operated by Bordwalk

We are registered in the State of California under filing number; and registered in England and Wales under registration number [number], and our registered office is at 5 Chancery Lane, London

13.4You can contact us:

(a)by post, to any of our studio locations found at https://bordwalk.com/contact/;
(c) by telephone, on any contact number published on our website; or

(d)by email, using any email address published on our website.


14.Data protection officer

14.1Our data protection officer's contact details are:

Data Protection Officer

Steve Bohill

Bordwalk Limited

5 Chancery Lane, London, WC2A 1LG






Modern Slavery & Diversity

We’re our greatest when we’re equal

At Bordwalk we appreciate the importance of being yourself; fostering an environment in which ALL our employees can feel valued, included, wanted, respected and empowered coming to work each day.

We recognize that each employee’s unique experiences, perspectives, and viewpoints across our various companies are critical to creating brands that engage and inspire our partners customers all over the world. Therefore, our goal is to foster an environment that is an incubator for great ideas, is attractive to the best talent, and that creates a profound sense of pride across our Company.

Our diversity and inclusion efforts will therefore focus on:

  • Leading and managing inclusively – embracing different cultures, ethnicities, genders and sexual orientations
  • Creating a work environment that fosters growth and advancement
  • Engaging with our audiences in a way that reflects and respects their unique perspectives and experiences
  • Our diversity and inclusion objectives, and progress towards achieving them, will be assessed annually to ensure they align with our business and talent objectives.

For more information regarding equality and diversity at Bordwalk, please contact our Relations Manager ([email protected])