Clarke Surveyors is the trading name of N.C. Building Surveyors Ltd., and is registered in Ireland; CRO No. 561776. Director Noel Clarke; Registered Office: C/O KSA Shiels & Co., Main Street, Bailieborough, Co. Cavan.

2. What is this Document?

This document contains the “Conditions” (also sometimes referred to as Terms and Conditions or Conditions of Engagement (COE)) and forms part of the agreement between Clarke Surveyors and you, the “Member” or “Client”.

If the Member agrees to these terms and conditions, the Member will become a member of the Clarke Surveyors Club (the ‘Club’). This agreement sets out the terms that will govern the relationship between Clarke Surveyors, the owners of the Club, and you, a Member of the Club. This document is a binding document, and Clients should ensure that they understand the contents.

Our Agreement is intended to comply with all of your statutory rights as a Consumer. However, in the event that any uncertainty arises your statutory rights as a Consumer will take priority over the particular Agreement term.

If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

1. Level 1 Membership

1.1. Level 1 Membership Services

a) Access to a Chartered Building Surveyor - a 10-minute phone call once a month, to provide advice about any property maintenance related enquiry the Member might have.

b) Annual Property Insurance Reinstatement Valuation – Annual desktop reinstatement valuation completed for the reduced fee of €65 (typically €250).

c) Quarterly Newsletter - with property maintenance related tips, updates, and offers, to help the Member keep your property in good condition.

d) Receive notice of maintenance programs that may be carried out in the Member’s area by our partners and affiliates, that the Member may benefit from lower cost quotations and economies of scale for the works.

1.2. Level 1 Membership Fees:

a) €15 monthly subscription

b) €65 for an annual desktop Reinstatement Valuation; if the Member has multiple properties, this fee applies per property.

1.3. Conditions Specific to Level 1 Memberships

a) Level 1 Members must be a subscriber for at least three [3] months, before availing of the Annual Reinstatement Valuation for the reduced fee.

b) The Reinstatement Valuation fee is required annually, each time the Service is carried out.

c) Clarke Surveyors are not responsible for any Works carried out by any partners and/or affiliate Contractors, and the Member is free to have Works priced, and carried out by any other entities they see fit.

2. Level 2 Membership

2.1. Level 2 Membership Services

Level 2 Membership of the Club allows for the provision of all the Services in Level 1 Membership, and the following Services:

a) 20-Year Maintenance Plan – production and delivery of 20-Year Maintenance Management Plan (MMP), for a reduced fee of €395 (typically €750), and completed by Clarke Surveyors, following a detailed inspection of the property.

b) Maintenance Notifications – Clarke Surveyors will notify the member of upcoming maintenance requirements, specific to your property and its condition, following completion of the maintenance plan by our property experts.

c) Competitive Pricing – Clarke Surveyors will quote less than any ‘Equivalent Competitor’, for any other services required by our subscribers.

d) Members have access to our affiliated and/or partner Contractors for competitive quotation of maintenance works where they provide the service required, and benefiting from competitive costs and economies of scale for our Members.

2.2. Level 2 Membership Fees:

a) €22.50 monthly subscription

b) €395 for a 20-Year Maintenance Management Plan

2.3. Conditions Specific to Level 2 Memberships

a) Level 2 Members must be a subscriber at this level, for at least six [6] months, before availing of the Maintenance Management Plan for the reduced once-off fee.

b) One subscription applies to one property. Every subsequent property requires an additional subscription fee and Maintenance Management Plan fee for the same cost. Where a Member has four properties or more in single ownership, the Member might agree alternative fees with Clarke Surveyors. Please speak to one of our team to discuss further.

c) The reduced fee for a maintenance management plan is for a maximum property size of 150m2. Larger properties will require separate quotation and agreement with Clarke Surveyors. Speak to one of our team to discuss a quote.

d) Regarding ‘Competitive Pricing’ for our subscribers -

i. The Client must have subscribed for at least three [3] months at Level 2.

ii. ‘Equivalent Competitor’ is a Chartered Building Surveying Firm (SCSI/RICS) with its Registered Offices in Ireland, and which has been in business trading for at least 5 years.

iii. The Subscriber must provide written confirmation of the quote from an Equivalent Competitor.

iv. If Clarke Surveyors are of the opinion there is abnormally low pricing and/or collusion between the Client and the Equivalent Competitor for their quotation, Clarke Surveyors can reject the quotation provided at Clarke Surveyor’s discretion and quote the required Service as Clarke Surveyors deem appropriate.

v. Note the requirement of Section 4.7, in relation to other services.

e) Clarke Surveyors are not responsible for any Works carried out by any partners and/or affiliates Contractors, and the Member is free to have Works priced, and carried out by any other entities they see fit.

3. Club Membership

3.1. The Minimum Membership Period

The Member have chosen the "Minimum Membership Period" of one month. Membership is paid in advance, each month.

3.1.1.What happens if the club Member fails to pay their membership subscriptions?

3.1.2.What happens at the end of each monthly period?

Once the monthly period has ended, the membership will automatically be extended by one month, on payment of the membership monthly fee, unless this agreement has been terminated or cancelled. If there is a change in the monthly subscription fees (or other Terms and Conditions which form part of the subscription), the Member will be notified in advance and the Member as the right to cancel their membership in accordance with clause 3.2.

3.1.3.What happens if a Member wants to bring their membership to an end?

A Member may cancel their membership without further obligation on the Member’s part, provided the Member provides Clarke Surveyors with at least 30 days prior notice of the Member’s intention to do so.

3.2. Cancellation

Either party may cancel a Member’s membership by giving at least 30 days prior notice. Clarke Surveyors will be relieved of any and all obligations to the Member after this notice period.

If Clarke Surveyors decide to change the Member’s monthly subscription fees (or other Services which form part of the subscription), Clarke Surveyors will inform the Member at least 30 days before any change comes into effect. The Member has the right to terminate their membership if the Member does not agree to the new monthly subscription fee. If the Member does not terminate their membership, the new fees will become payable from the date stated on the notification, which will be at least 30 days after such notification.

If the Terms and Conditions change, you will be given at least 30 days notice, and the new Terms and Conditions will be effective after such notice period. Your continued subscription following such notice period will indicate your acceptance of the new Terms and Conditions. The new Terms and Conditions will apply to your use of all Services and purchases.

3.3. Payment

The initial payment specified, and all subsequent membership subscription payments must be paid in full to Clarke Surveyors. All subsequent membership subscriptions are payable at the beginning of the month to which they relate.

Please note that additional charges may be required for certain services (e.g. Defect Analysis, property inspections, Maintenance Management Plan reinspection, etc.), and may have specific terms and conditions which will need to be agreed with the member in advance of those Services being carried out by Clarke Surveyors.

If the Member fails to make a payment for subscription, without good cause (as determined by Clarke Surveyors), and the failure to make payment is not intended as notice of termination under clause 3.4 below, Clarke Surveyors is entitled to, and may charge the Member a €20 administration fee for dealing with the consequences of each default, which is a reasonable estimate of the administration costs which Clarke Surveyors will incur. If charged, this sum will be added to the Member’s account and/or the next payment to be made.

Regrettably we are unable to release any reports/deliverables/notifications until payment has been received in full from the member.Clarke Surveyors reserve the right to stop and/or suspend work for any Service, and/or withhold any certification and/or documentation until full payment is received. If full payment is not received Clarke Surveyors will be entitled to charge interest on the amount outstanding at the rate of 15% per quarter annum. If Clarke Surveyors must recover the outstanding payment, all recovery costs and legal fees are to be paid by the Client.

3.4. Termination

This agreement may be terminated (a) in the circumstances set out below or (b) by either party at any time in response to any other serious breach of the other party's obligations under this agreement.

3.4.1.Termination where the Member fail to pay

Clarke Surveyors will be relieved of any and all obligations to the Member, and the Member is terminated from the Club, if any payment is more than 7 days overdue. If a Member can come to an agreement with Clarke Surveyors to pay any arrears (Arrears Agreement), in addition to the Member’s membership subscription within a period determined by Clarke Surveyors, their membership may be reinstated as if it had not been terminated, and at the discretion of Clarke Surveyors. Should the Member subsequently fail to fulfil this Arrears Agreement within the time period determined by Clarke Surveyors, then this will be treated as a repudiation of the Member’s obligations under this agreement and Clarke Surveyors may terminate the agreement with immediate effect.

3.4.2.Termination for the Member’s fault

Clarke Surveyors may terminate a Member’s membership, at any time and with immediate effect, if the Member’s treatment of another Club member or a member of Clarke Surveyor’s staff, falls below the standard of consideration that Clarke Surveyors reasonably expects.

3.4.3.Effect of termination by Clarke Surveyors

If Clarke Surveyors terminate this agreement during the subscription period, the Member will become immediately liable to pay (i) the arrears, if any, plus (ii) the monthly membership subscriptions and/or fees, if any, that would otherwise have fallen due before the end of the subscription period.

3.4.4.Termination of a Site Survey

With regard to site surveys only, the Client may terminate the specific instruction but must give a minimum notice of 48 hours – if a survey is cancelled without this notice, there will be a charge of 20% of the quoted price.

3.5. Member’s Responsibilities

The Member must treat all Club members and Clarke Surveyors with the consideration that the Member would reasonably expect them to show to them. In particular, the Member must not make remarks that are rude or offensive or behave in a manner that is dishonest, aggressive or indecent.

The Member confirm that the information that the Member provides to Clarke Surveyors is accurate. If any of the relevant information changes the Member agree to notify Clarke Surveyors of any significant changes e.g. as to the Member’s name, address and account details as soon as practicable and in any event before the next monthly payment falls due.

3.6. Your Rights

Nothing in these terms will affect the Member’s statutory rights. If the Member needs further information about the Member’s statutory rights, they should contact the Citizens Information Board.

3.7. Transfer of rights under the agreement

The Member may transfer the Member’s membership under this agreement to another person. Clarke Surveyors will need to be notified, and the new persons details provided.

Clarke Surveyors reserve the right to transfer Clarke Surveyors rights and obligations under this agreement to a third party, where that person takes over the ownership and control of the club.

3.8. Notices

3.8.1.General Notices

Clarke Surveyors recommend that the Member notify Clarke Surveyors at the above address or such other address or by email address, that Clarke Surveyors provides to the Member in writing. Clarke Surveyors may notify the Member at the email address provided by the Member or such other email or postal address that the Member provides to Clarke Surveyors in writing.

3.8.2.How to provide notice of termination

Clarke Surveyors would prefer written notice of termination to be sent to Clarke Surveyors, by email. However, the Member can also communicate the Member’s decision to terminate, by speaking to Clarke Surveyors staff, or by cancelling the Member’s direct debit mandate, which Clarke Surveyors will treat as notice from the Member that the Member is terminating this agreement.

4. General Conditions for Services and Membership

4.1. Insurance Reinstatement Valuation (Desktop)

a) The Reinstatement Valuations are a desktop analysis based on the superficial information provided by the Client for insurance purposes only.

b) Reinstatement Valuations are not a structural survey and do not include for inspection of the property as part of the desktop reinstatement valuation.

c) There may be defects in the property, whether structural, inherent or otherwise, which can only be revealed by a detailed survey. This can be priced separately for the Member by Clarke Surveyors, if requested.

d) The Desktop based Reinstatement Valuation report is not a market valuation representing the value of the property.

e) The Desktop Reinstatement Valuation is based on the information provided by the Member, and it is therefore essential that the information provided is as accurate as possible. Clarke Surveyors are not responsible for any inaccurate or misleading information provided by Members.

4.2. Maintenance Management Plan (MMP)

a) A MMP identifies and quantifies a programme of works to a building’s fabric and services, over a 20-year period. The Maintenance Management Plan report includes for an inspection of the building to establish its current condition, assessment of future maintenance liability, estimate a timeline for repairs and upgrades, and assessment of budget cost of works required.

b) The report is not a snag list or defect inspection survey.

c) Where parts of the structure are inaccessible or unexposed, no opinion can be given, but attention may be drawn within the report where such situations have arisen. No opening up or intrusive investigation will be carried out. As we did not supervise the works during construction, we cannot comment on methods of construction used where works are covered up. Therefore, it must be appreciated that certain defects may be present but cannot be conclusively identified.

d) The MMP does not include analysis of any manufacturer’s instruction and/or recommendations for equipment/installations. It is the Members responsibility to review same and apply them accordingly.

e) No tests or calculations will be carried out to electrical, plumbing, heating, lift, air conditioning, information and communication technology, drainage installations. Should further clarification be required in this regard, it is recommended that a qualified and competent contractor be employed to carry out these tests. Time and cost estimates provided will be based on visual inspection and are subject to manufacturer’s instructions and recommendations, and/or recommendations of a qualified and competent contractor. If a specialist services opinion is required, we will inform the Member as to the likely cost of this.

f) Comment may not be made on minor details that do not materially affect the structural integrity of the property.

g) Enquiries will not be made to the Planning Authorities or other statutory agencies, and none of the following services are included; a planning search, Building Energy Rating (BER) certificate or review, fire safety certificate documentation review; health and safety file review.

h) No testing or sampling of materials will be carried out to confirm the presence of deleterious materials such as for example, asbestos or High Alumina Cement (HAC).

i) Visual inspection will be carried out of as much of the building as possible using a 3m surveyor’s ladder and binoculars where there is safe access. Alternative access provisions (if required) will be additional to the Agreement.

j) In Leasehold properties, the report will not consider the possible rights and implications of lease renewal or enfranchisement. The legal effect of a lease will require review by Client’s legal advisers.

k) Cost estimates are approximate and for guidance only. It is always recommended that the Member obtain formal written quotations or estimates from appropriate professionals such as a quantity surveyor or competent contractors during a competitive tender.

l) Cost estimates do not include for inflation and tax.

d) The M&E services throughout the building will be reviewed and evaluated by a Chartered Building Surveyor. Clients should note that this review is undertaken from a building surveying perspective and does not constitute a specialist M&E engineering assessment.

e) We will estimate areas, and where possible establish various areas via check dimensions, but this is not a 100% accurate method to arrive at the various areas. By using this approach instead of undertaking an expensive full measured survey we will arrive at areas sufficient to provide a reasonable estimate for the purposes of the MMP, but they are not a 100% standard of accuracy.

f) In multi-unit developments and/or housing developments, the survey does not include common areas and/or areas which in the opinion of Clarke Surveyors, are the responsibility of an Owner Management Company (OMC). Responsibilities cannot be definitely determined by Clarke Surveyors during survey, and therefore this opinion is at the discretion of Clarke Surveyors.

g) For boundary structures, the survey includes the full estimated costs, and does not include for any potential contributions from neighbours, Owner Management Companies liabilities, or any other costs/contributions.

h) Roofs and roof voids where safely accessible, will be inspected.

i) Costs advised in any report are approximate estimates for budge purposes only and a detailed contract estimate is recommended.

j) The report does not include for:

i. the cost of any further opening up works that may be recommended in the report

ii. Any design, procurement or site management of any items of work recommended in the report

iii. Costs associated with any other specialist consultant

iv. Any further meeting required to discuss report.

k) In order to continue providing accurate and informative notification to the Members based on the original MMP, a property will require reinspection by Clarke Surveyors every 5 years to update and adjust the original MMP as necessary. An additional fee to Clarke Surveyors will apply. Failure to instruct this reinspection by the Member, will relieve Clarke Surveyors of any and all obligations to the Member in relation to the MMP, and Clarke Surveyors can continue to provide notifications to the Member based on the original MMP, but Clarke Surveyors cannot confirm that the notifications will be accurate and/or appropriate.

l) Should any upgrade works be carried out to a property, the Member should notify Clarke Surveyors of the changes, and if Clarke Surveyors consider it necessary, a reinspection by Clarke Surveyors, and subsequent fee will apply to update the MMP accordingly. Failure to instruct this reinspection by the Member, will relieve Clarke Surveyors of any and all obligations to the Member in relation to the MMP, and Clarke Surveyors can continue to provide notifications to the Member based on the original MMP, but Clarke Surveyors cannot confirm that the notifications will be accurate and/or appropriate.

m) A 20-year MMP report does not imply or create a 20-year contract with the Member and does not oblige Clarke Surveyors to provide any subsequent notifications to the Member. To receive notifications following completion of the MMP report, the person must continue to be a fully paid-up Member of the Club. Clarke Surveyors can cancel a Member’s membership in accordance with these Terms and Conditions at any time.

n) MMP reports are best estimates of the expected inspection/service/replacement costs of the elements of a building. It must be accepted that various defects may occur in advance of expected dates.

4.3. Report Issue

The delivery date, if specified, is an estimate, and reports shall be issued by email in pdf format.

4.4. Ownership & Risk

The Member will receive a copy of the Report on receipt of full paymentto Clarke Surveyors for any Service.

The Reports provided by Clarke Surveyors are for the sole use of the Client and shall not be given to or used by a third party without the expressed written consent of Clarke Surveyors.

Copyright in all or part of any Reports, photos, drawings or any other documentation provided by Clarke Surveyors rests with Clarke Surveyors and no part or parts shall be reproduced by any means now known or to be devised, without the expressed written consent of Clarke Surveyors.

4.5. Applicable law and jurisdiction

These Terms and Conditions are governed by the laws of the Republic of Ireland and will be interpreted in accordance with the Irish courts. The Irish courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.

4.6. Confidentiality

Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information generally, but at least, with no less than a reasonable degree of care.

Clarke Surveyors can publicise their participation in any project/Service (including general descriptive photographs) and use the project details as a reference in future tenders.

4.7. Any other services required by Members

Where a Member wishes to avail of any other Services from Clarke Surveyors through the Club, which is not identified in these Terms and Conditions, those other Services may require specific additional Terms and Conditions that must be agreed with the Member, in advance of the instruction. The instruction will not proceed without agreement.

4.8. Orders and Changes

The client should provide all relevant information necessary to complete the project/instruction/Service. Clarke Surveyors are not responsible for information not provided to us, or for any errors or omissions in information provided to us, or information that is changed at a later date.

4.9. Limitation of Liability

The Client/Member agrees, to the fullest extent permitted by law, to limit the liability of Clarke Surveyors and the Clarke Surveyors officers, directors, employees, agents, shareholders, subcontractors, affiliates and partners, for any and all claims, losses, costs, damages of any nature whatsoever, whether arising from negligence, breach of contract, breach of statutory duty, or any other common law or statutory theory of recovery, so that the total aggregate liability of Clarke Surveyors and Clarke Surveyors officers, directors, employees, agents, shareholders, and subcontractors shall not exceed €10,000. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including negligence, breach of contract, breach of statutory duty, or any other claim whether in tort, contract or equity.

5. Data Protection

5.1. General

When Clarke Surveyors speak of personal information Clarke Surveyors mean "personal data" in the sense defined in the EU General Data Protection Regulation 2016/679 ("GDPR") (the "Relevant Law")

Clarke Surveyors will necessarily process the Member’s personal data and Clarke Surveyors will do so in a manner compatible with the Relevant Law.

In Clarke Surveyors privacy statement below, Clarke Surveyors set out in a comprehensive manner:-

a) The personal information Clarke Surveyors collect about you

b) How that information is collected

c) How and why Clarke Surveyors use the Member’s personal information

d) Who Clarke Surveyors share the Member personal information with

e) Where the Member’s personal information is held

f) How long the Member’s personal information will be kept

g) What the Member’s rights are in connection with Clarke Surveyors processing the Member’s personal information

h) What Clarke Surveyors do to keep the Member’s personal information secure

On termination of the Member’s membership the Member’s information, will be deleted from Clarke Surveyors systems within 6 years.

5.2. How to complain

Clarke Surveyors hope that Clarke Surveyors Data Protection Officer can resolve any query or concern the Member may raise about Clarke Surveyors use of the Member’s information.

The General Data Protection Regulation also gives the Member right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where the Member work, normally live or where any alleged infringement of data protection laws occurred. The Data Protection Commission may be contacted at https://www.dataprotection.ie/en/contact/how-contact-us or telephone: (01) 765 01 00, should the Member have any concerns.

5.3. How to contact us

Please contact Clarke Surveyors Data Protection Officer by post or email if a Member has any questions about the information Clarke Surveyors hold about the Member or how Clarke Surveyors deal with it.

Our contact details are shown below:

Our contact details

Clarke Surveyors

Data Protection Officer

Rantavan,

Mullagh,

Co. Cavan

Email address: info@clarke-surveyors.com

6. Privacy Policy

6.1. The information we collect and how we use it

We are committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how the Member can instruct us if the Member prefer to limit the use of that information, and the procedures that we have in place to safeguard your privacy.

We collect personal data in order to communicate, conduct our business, analyse the service provisions required, and to promote our services and the Club. This data will never be shared with a third party without your express consent, unless required to do so by law, and as set out in this Privacy Policy.

a) Identity Data may include your first name, last name, username, title and gender.

b) Contact Data may include your billing address, delivery address, email address and telephone numbers.

c) Financial Data may include your PayPal account name and payment card details.

d) Transaction Data may include details about payments between us and other details of purchases made by you.

e) Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices the Member use to access this site.

f) Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.

g) Usage Data may include information about how the Member use our website, products and services.

h) Marketing and Communications Data may include your preferences in receiving marketing communications from us and your communication preferences. We will ask the Member if the Member want us to use the information the Member provide to continue contact with the Member via email (for example, to send the Member information or special offers, or for other marketing. Or newsletter purposes).

When the Member order from us, we need to know your full name, business/company name (optional), property address and Eircode, shipping address, email address, and telephone number. We will also gather details on the about your property such as age, size, construction type, photographs of the property during site inspections or as delivered to us by Members, defects and maintenance requirements, etc. Similarly, we collect your personal data when submitting a message through the contact form.

We gather this information to allow us to process your instruction/order, provide a particular Service to Members, notify members of maintenance programmes, carry out site inspections, and deal with your payment, or messages to us. The relevant information is then used by us, our agents and sub-contractors to provide the Member with statements of your account and to communicate with the Member on any matter relating to the conduct of your account and the provision of the service in general. We also provide this information to partners/affiliates to assess potential maintenance programmes that might be carried out in Members areas and offered to Members.

We may also use aggregate information and statistics for the purposes of identifying service contracts for multiple properties through partners/affiliates, monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties.

We may also wish to provide the Member with information about special features of our website or any other service or products we think may be of interest to you. If the Member would rather not receive this information, please contact us to let us know.

6.2. How we collect your personal data

a) Direct interactions: the Member may provide data by filling in forms physically or on our website (or otherwise), or by communicating with us by post, phone, email, through the website contact form, or otherwise, including when you:

b) Order products or services;

c) Subscribe to a service or publications or Club;

d) Request resources or marketing be sent to you;

e) Give us feedback;

f) Automated technologies or interactions: As the Member use our website, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies.

g) Site inspections/surveys.

When accessing our website via a mobile device, data may be collected automatically, such as the type of mobile device the Member have and information about your use of the site. Regardless of the device the Member use to access the website, it will also collect information the Member provide, as well as information about your interaction with the website and its content.

If location services are activated on your mobile device, our website may collect information about the location of your device. Your mobile network service providers may collect device-specific information, such as a device identifier, when the Member use our website. This information collected by your mobile network service will not be associated with your user account with us, or with your personally identifiable information.

6.3. How we use your personal data

We will only use your personal data when legally permitted. The most common uses of your personal data are:

a) Where we need to perform the contract between us for Services or Subscription;

b) Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;

c) Where we need to comply with a legal or regulatory obligation.

d) We require this information to understand your needs and provide a better service, and in particular for the following reasons:

e) Internal record keeping;

f) We may use the information to improve our products and services to Members;

g) We may send promotional emails about new products, special offers, website updates, or other information which we think the Member may find interesting using the email address which the Member have provided.

h) We may provide the information to affiliates, partner, or subcontracted entities to analyse, price, offer and/or undertake the provision of servicing/maintenance/repair contracts to multiple properties and provide cost savings to members through economies of scale.

6.4. Who Clarke Surveyors share the Member personal information with

We may disclose your personal information to our employees, officers, agents, suppliers, subcontractors, affiliates or partners, insofar as reasonably necessary for the purposes set out in this privacy policy. In addition, 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 the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling;

e) 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.

Except as provided in this privacy policy, we will not provide your information to other third parties.

Clarke Surveyors use third parties to process payment, and these third parties will retain personal data.

6.5. Where the Member’s personal information is held and Security

We have put in place various security procedures as set out in this policy. We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online and elsewhere. We store subscriber information in a secure environment.

It is also the Member’s responsibility to:

a) Protect against any unauthorised access to your personal Member’s details.

b) Log off from the Member’s user only area of the website and any other third-party payment processor website, when not using your machine.

c) Ensure against other users accessing the Member’s only area of the website and any other third-party payment processor website, via your machine while the Member are logged into the Member’s area of the website.

6.6. Our use of cookies and other information-gathering technologies

A cookie is a small file containing information about your session or about you. A 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. This enables the web server to identify and track the web browser.

We may use both ‘session’ cookies and ‘persistent’ cookies on the website. Session cookies will be deleted from your computer when the Member close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We will use the session cookies to keep track of the Member whilst the Member navigate the website and to prevent fraud and increase website security. We will use the persistent cookies to enable our website to recognise the Member when the Member visit and keep track of your preferences in relation to your use of our website.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about the website use by means of cookies, which are stored on users’ computers. The information generated relating to this website is used to create reports about the use of the website.

In most internet browsers, the Member can change your settings so that the Member will be warned each time a cookie is being sent, or so that cookies will be turned off. With cookies blocked, some functions of the site may not operate properly.

We may use it for research or to improve our site and the services we offer you, check the user’s qualifications for registration, or to bill the user for products or services. In addition, we may also use embedded code within the site to gather non-personal data regarding the visitors to our site. This information provides general and not personal statistical data about the numbers of visitors, countries of origin, hits per page and operating systems used by visitors to our website.

6.7. Credit card information

We use PayPal, Stripe, and may use other third-party payment processers. This means that your credit card details are not revealed to us. Any credit card information provided to us in the course of alternative service provision arrangement, will be destroyed once the transaction is completed.

6.8. Updating your details

If any of the information that the Member have provided us changes, for example if the Member move property, change your email address, name, or payment details; or if the Member wish to cancel your membership, please let us know the correct information by updating your details.

6.9. Your Consent

By submitting your information the Member consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on our website, and we may issue notification to Members, so that Members may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that the Member agree to any such changes.

6.10.How to contact Us

We welcome your views about our website and our privacy policy. If the Member would like to contact us with any queries or comments please contact us through the Contact form.

6.11.Links to third party sites

The Clarke Surveyors website contains links to other sites and is in no way responsible for the privacy practices or content of those sites.

6.12.Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. By law, we must keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years.

6.13.Your legal rights

Under certain circumstances, the Member have rights under data protection laws in relation to your personal data. These include the right to:

a) Request access to your personal data;

b) Request correction of your personal data;

c) Request erasure of your personal data;

d) Object to the processing of your personal data;

e) Request restriction of processing your personal data;

f) Request transfer of your personal data.

If the Member wish to exercise any of the rights set out above, please email us.

6.14.Further information

If the Member have previously agreed to us using your personal information, then the Member can change your mind at any time by emailing us or completing the contact form. Membership of the Club is subject to agreement with these Terms and Conditions.

If the Member believe any information we hold on the Member is incorrect or incomplete, please send us a message so we can correct it accordingly.

We may update this privacy policy from time to time by posting a new version on our website, therefore the Member may wish to check this page occasionally to ensure the Member are happy with any changes. We may also notify the Member of changes to our privacy policy by email, if the Member have elected to receive these.