Terms

Terms of Service

This policy represents the Barclay James Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Barclay James. Barclay James reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.

Customers using any services offered by Barclay James consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Barclay James, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CONDUCTING BUSINESS WITH BARCLAY JAMES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING BARCLAY JAMES WEB HOSTING’S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

General Provisions

In consideration for Barclay James maintaining one or more accounts (each “account”), you agree to the following terms of service.

Definitions

• “We” “Us” or “Provider” or “Barclay James”
• “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Barclay James offers a 99.5% uptime guarantee. This is valid for only the connection. Barclay James will pursue all resources and channels available to maintain maximum uptime; however, Barclay James is not responsible for any down time caused by a client’s error.

BARCLAY JAMES MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Barclay James nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Barclay James, even if Barclay James has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL BARCLAY JAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Barclay James WEB HOSTING’S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Barclay James WEB HOSTING’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BARCLAY JAMES WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARCLAY JAMES WEB HOSTING’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BARCLAY JAMES WEB HOSTING FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BARCLAY JAMES WEB HOSTING’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Barclay James and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Barclay James’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Barclay James’s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Barclay James’s gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business. (e) Barclay James will not be held responsible for damages claimed by any reseller customer.

Services Provided by Barclay James

Web Hosting Services

Barclay James will provide web hosting services or internet server rental (“the service”) to its customers for the express purpose of allowing customers to provide http internet content to the general public. The service allows Barclay James customers to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Barclay James agrees to provide these services according the plan selected by you upon activation of your account. Barclay James reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Barclay James website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

Barclay James customers will use the provided services in a manner consistent with any and all applicable county and federal laws. Barclay James provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Barclay James can terminate a client’s account without notification.

Reseller Accounts:  Barclay James Resellers are responsible for supporting their own clients. Resellers are not allowed to modify or add any capacity over those provided by the plan they have purchased. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Barclay James will hold any reseller responsible for any of their clients’ actions that violate the law or as they pertain to the terms of service.  Shared web hosting accounts may not resell web hosting services, if you wish to resell web hosting you must use a reseller account.

Domain Registration and Other Services

At a customer’s request, Barclay James may also acquire a second-level domain name (“domain name”), on behalf of a customer. Barclay James will not own or otherwise control any domain name registered on your behalf. Barclay James provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Barclay James for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Barclay James to obtain and/or maintain the domain name on your behalf shall be charged to you by Barclay James under the provision therefore elsewhere herein.

Other Services

Barclay James offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Barclay James website.

Privacy Registration Service

Upon request, the Barclay James member may elect to use Barclay James’s Privacy Registration Service. If so, you agree to be bound by the terms of Barclay James, which may be found on the Barclay James website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Barclay James services.

Barclay James offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org.

IP Address Ownership

During the course of providing services to a customer, Barclay James may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Barclay James shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Barclay James reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

ACCEPTABLE USE

a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Barclay James or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Barclay James or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Barclay James will be the sole and final arbiter as to what constitutes a violation of this policy. Barclay James does not normally monitor the contents of clients servers; however, if suspicion occurs, Barclay James reserves the right to investigate and terminate the client’s subscription to the service.

b) Bandwidth Usage: Barclay James offers a generous amount of data transfer per month. Barclay James reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using “excessive amounts of resources” when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Barclay James will be the sole and final arbiter as to what constitutes a violation of this policy.

d) No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Barclay James server is not tolerated. This includes any email that promotes websites hosted on a server located on the Barclay James network, but which is sent from an email address not associated with a Barclay James account. The client shall not use his/her Barclay James services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Barclay James reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a £200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Barclay James reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.

e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Barclay James concerning unethical, false, or unlawful activities by you, Barclay James reserves the right to terminate your service without notice.

f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client’s use of the services.

g) Back-Up Files: Barclay James provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Barclay James currently does not utilize any back-up services and is not responsible for any lost data.

h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Barclay James servers or other equipment that will in any way adversely affect the performance of said equipment.

i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity’s intellectual property rights including rights of privacy and rights of publicity is prohibited. Barclay James is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.

j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).

k) Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any ‘hacking’ activity and agrees that ‘hacking’ as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.

l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Barclay James will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.

m) Other Illegal Activities: The use of the services to engage in any activities that are determined by Barclay James, in its sole and absolute discretion, to be illegal or which in Barclay James ‘s opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Barclay James will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.

n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.

o) Data Warehousing: The servers provided by Barclay James are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Barclay James servers are intended for web enabled services and hosting.

p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat (“IRC”), Peer To Peer File Sharing (“P2P”), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, customership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.

q) Other Prohibited Activities: Engaging in any activity that, in Barclay James’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Barclay James’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Barclay James’s customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Barclay James in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.

FEES & PAYMENTS

a) Fees – Barclay James charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.

b) Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account.

c) Service Fee – This is the fee for quarterly hosting.

d) Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.

e) Other Service Related Fees – These are fees for additional services that you may choose to add to your account.

f) Change of Plans: Barclay James also reserves the right to alter, change, amend, or delete fees at its sole discretion. Barclay James further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

g) Barclay James reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Barclay James also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

h) Payment of Fees – Barclay James accepts payment by cheque, cash and Paypal.

i) Payment Obligations: Full payment is required in advance before hosting service is established. Barclay James sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Barclay James may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a £25 fee for bounced cheques and a £25 processing fee for chargebacks.

j) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Barclay James sixty (60) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.

k) Cancellation & Refunds: Should you become dissatisfied with our web hosting services within the first 30 days of your account activation, Barclay James will refund your hosting fees, subject to the money back guarantee terms listed in this agreement. There are no refunds on setup fees, domain registrations, or for pre-paid accounts after the 30 days of account activation. You may, however, cancel your account at any time. You will need to contact customer service and verify your information before cancellation takes place. Accounts which have negative balances or fees owing will have all respective services terminated, including hosting accounts with applicable domain registrations. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a Barclay James customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process.

99.5% Service Level Agreement ”SLA”

Barclay James offers its clients and resellers a 99.5% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Barclay James will try to maintain maximum uptime. Barclay James is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee – Web Hosting Services

Barclay James offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting or reseller account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our mission to achieve industry-leading customer satisfaction, the customer will be refunded all hosting related charges made to his/her credit card minus any set-up fees, which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. PLEASE READ CAREFULLY: DOMAIN NAME REGISTRATIONS ARE NOT REFUNDABLE and are subject to a domain name registration fee. Furthermore, if you have a domain that you acquired through any “free domain” promotion at the time you became a Barclay James customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process. This 30-day money back guarantee applies only to our web hosting services AND NOT to the domain name registration. Any questions regarding the 30-day money back guarantee should be forwarded to sales@barclayjames.co.uk.

SUSPENSION AND TERMINATION

At the sole discretion of Barclay James, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Barclay James may suspend your account by deactivating any access by you and/or by web users to any information contained on the Barclay James servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Barclay James, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

a) Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Barclay James servers. Such information or data may or may not be made available to you by Barclay James after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Barclay James. In the event of termination, there will be no refund provided to you.

ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by Barclay James. Any other attempted transfer or assignment of rights hereunder shall be null and void.

You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Barclay James is the domain name registrar, please request our “domain name transfer instructions” by sending an email to support@barclayjames.co.uk. We will send you the specific details and information about transfer of ownership.

Web hosting services accounts from Barclay James are not transferable and cannot be assigned to another individual.

Barclay James may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Barclay James.

AMENDMENT

Barclay James may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Barclay James websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer’s responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer’s continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.

Privacy Policy

We at Barclay James are committed to providing our customers with the utmost in privacy and security. We abide by all industry guidelines and consistently monitor our systems, processes, management and operating methods in order to maintain the highest commercial standards. This is our promise to our site visitors and customers. We have created this Privacy Policy to clearly demonstrate our commitment to safeguarding your information and your privacy. Barclay James adheres to policies that will help prevent unauthorised use of your personal information while maintaining the accuracy of the information provided. Furthermore, Barclay James protects your information through the use of the latest security measures and operating procedures.

We firmly believe that you have certain rights and assurances, as follows:

• To know in advance what information about you is being collected, stored and used for commercial purposes;
• The ability to review that information in an understandable format;
• The right to correct that personal information for any inaccuracies;
• That information that is collected and stored will be safeguarded and not used for any purpose unless disclosed in advance and as permitted by law;
• That sensitive information will only be accessed by authorised and legitimate users;
• That sensitive information transmitted over unsecure networks will be encrypted or scrambled; and
• The right to be treated fairly and consistent with, or above, industry practices and standards.
• Knowledge and Consent

By using Barclay James’s website or by enrolling as a customer into Barclay James’s Program using our secure online enrolment form directly on our website or through one of our affiliated marketing partners and/or advertising agencies, you consent to the collection of this information and ultimate use of information as it is defined in this Privacy Policy. If you do not agree to any or all statements as outlined in this Privacy Policy, we ask that you either contact us for clarification or do not use our site and/or that you do not enrol online into our Program. You may elect to withdraw your consent at any time by contacting our support desk and/or Privacy Officer through your customer Control Panel. The Privacy Officer will also inform you of the implications of withdrawing consent. Barclay James is committed to ensuring that we only require you to consent to the collection and disclosure of information to fulfil the specified and legitimate need for which the information is being provided by you.

Types of Information Collected

Barclay James may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information. This information is personal information that is used for billing and customer support services. This information is related to your personal contact information, including but not limited to your:

• Name
• E-mail address
• Postal address
• Telephone and facsimile numbers
• URL
• Credit card information
• Other billing related information
• Additional Verification

If we cannot verify your information upon enrolment or for fraud screening purposes we may ask for additional information to confirm the validity of the information you presented upon enrolment, and we may telephone or email you to request additional information to validate your customer profile.

Use of Information Collected

Barclay James is operated by Barclay James a private partnership abiding under the laws of theUnited Kingdom.

Barclay James uses the information provided by our customers via our customer enrolment forms or customer Control Panel. We use your credit card information to bill you for service related fees and for any additional products or services that you elect to purchase. Certain information (name, address and telephone and email information) will be shared with third parties for the purpose of enrolment. We may use your mailing address to send you promotional offers, newsletters or updates. Our primary means of communication will be through your email address, which we may use to notify you of any updates to the Program, pricing changes, or special offers and promotions from our partners. We also routinely send out customer newsletters, guides, and courses as a value-added service to our customers. You can elect at any time to opt out of receiving any or all of these email communications simply by clicking “unsubscribe” in your email or by unchecking the subscription opt-in boxes in the customer Control Panel (where applicable). Barclay James may from time to time also use your personal information, with your permission (i.e. where you have not opted out) to promote and/or market additional goods, services, special offers, gift codes, discounts, incentives, freebies, promotional offers, etc. from us or our network of affiliates or business related partners. These could include but are not limited to certain retailers, healthcare providers, insurance agencies, credit card issuers, travel companies, entertainment, security experts, financial services firms and other related companies. This could be by means of direct marketing through email, postal mail, telephone or similar fashion. With your permission, we may also disclose your name and mailing address to these affiliates and/or third party business associates so that they can send you promotional materials directly.

Internal Uses

We collect, store and process your personal information on servers located inCanadaand operated by our parent company, Barclay James Systems Ltd. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

• Provide the services and customer support you request;
• Resolve disputes, collect fees, and troubleshoot problems;
• Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• Customise, measure, and improve our services and the content and layout of our website;
• Tell you about targeted marketing, service updates, and promotional offers based on the communication preferences you have defined
• Compare information for accuracy, and verify it with third parties.
• Maintenance of Information

The information provided to Barclay James is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by Barclay James. Barclay James employs industry standard security measures to protect the confidentiality of the information. Although Barclay James cannot guarantee that any loss, misuse or alteration of data will not occur, every effort is made to prevent such occurrences. Particularly sensitive information, such as payment details collected for commercial transactions, is encrypted prior to transmission by you to Barclay James.

Your Responsibility

You are responsible for the security of your Barclay James account number, username and passwords. Make sure you keep this information in a safe place and do not share it with others.

Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution not only when you are using a public computer (such as at a library or Internet café), but also when using your private computer at home.

Access to Your Personal Information

You may request that any inaccurate information be corrected or obsolete information be deleted. Written requests to access your information should be made to Barclay James Privacy Officer, c/o Barclay Anderson,4 Chester Court,High Street,Knowle,B93 0LL. To ensure that all information is accurate and up-to-date, customers must inform us of any changes or inaccuracies of their personal customer information without delay.

Use of Cookies

Barclay James is committed to continually improving the user experience for visitors and customers visiting our websites, including through the use of cookies.

A cookie is a small text file sent by a web server to be stored on a web browser, so that it can later be read back from that browser the next time a unique visitor returns to that web server. This is useful as it allows the browser to remember specific information about visitors, including their IP address, location of their last visit, the time spent on the websites, the site they last came from and visit next, and the web browser version and operating system that the visitor is using. This information, along with server log information, is used to analyse trends, audit traffic levels and give Barclay James useful statistical information on all users so that we can improve the website experience for all visitors, now and in the future.

Barclay James also uses cookies to keep track of customer login names and passwords. This allows customers to automatically log in when they visit their customer Control Panel, if desired. In this way, cookies can make customers’ return visits to Barclay James websites more convenient. Please note that if your web browser is set to automatically reject all cookies, you will still be able to access Barclay James’s websites, but you will not be able to save your customer login info for automatic login (unless, of course, you change your cookies settings).

Cookies set up by Barclay James are only accessible by Barclay James and not by any other website. The exception to this is when server log data is provided to law enforcement bodies as outlined in the Security Access section below.

Correcting or Updating Your Information

Barclay James is committed to maintaining the accuracy of your personal information. Customers are requested to notify Barclay James using any of the methods indicated in the “Contact Information” section of this Privacy Policy to request access to, or request a correction of, their personal information.

Use of Secure Socket Layer (SSL)

All personal information that you transmit to us via the Internet is sent using a Secure Socket Layer (SSL). This is a secure protocol that provides an enhanced layer of security when submitting information over the Internet. Essentially the SSL encrypts or scrambles the information when it is transmitted from your computer through the Internet to our servers. This is similar to a lock and key mechanism, where only servers that have the suitable key can descramble and/or unencrypt the information once received. This serves as an added layer of protection for your personal information, including payment details and credit card information, to help prevent it from being intercepted and read by an unauthorised party via the Internet or other transmission protocol. To ensure your information is being sent via a valid SSL, you can see one or all of the following characteristics in your web browser: (a) the address bar, where you will see the address beginning with https:// instead of http:// and where the “s” denotes “secure”; (b) a small key or padlock in the bottom right corner of your browser if you are using Microsoft, Mozilla or similar browsers, indicating that your transaction is secure. In addition, Barclay James meets all of the stringent requirements of the security seal for all online transactions.

Information Storage

All data and personal information that we possess as it pertains to our customers is stored in electronic format on our secure servers at our data centre and, in some cases, in secure physical file format at a secure location. Your information will be retained for as long as you are enrolled as an active customer in the program and for a period of no longer than 3 years after you cancel with us, after which your information will be deleted from our databases.

Barclay James takes the security of personal information seriously and we make all commercially reasonable efforts to protect the personal information against loss and unauthorised access. We have adopted procedures to secure storage of personal information and are committed to working with our customers to protect the security of personal information during any transfer to us or from us. We have also instituted a number of safeguards to identify and prevent the fraudulent use of personal credit information. We use firewall technology to protect intrusion from intruders and we have various access processes in place, including password protection and cryptography, to secure against loss and unauthorised access. Furthermore, we utilise industry-leading antivirus software solutions and have taken measures for the physical security protection of our facilities.

In order to ensure security and protection of all information, all employees are aware of our security policy and practices and our physical offices are protected with multiple layers of security and limited access privileges. All visitors to our facility must sign in at reception and be escorted by one of our staff customers at all times while on the premises. We have additional layers of security and access that are proprietary in nature and cannot be shared in this policy due to the sensitivity of the security in place. Rest assured that there are added layers of security even beyond what is described here and which are in place to protect the sensitive information that may be obtained from our customers. Our websites’ security is constantly reviewed and improved and access to the information is limited to authorised personnel. Any loss, misuse, or alteration of personal information by our employees, contractors or other parties is strictly prohibited and, when required, we will follow up by appropriate action and termination of the offending employee. Furthermore, all of our employees, contractors or similar type of relationships are bound by confidentiality and/or non-disclosure agreements.

All customer information is stored in secure databases and all personnel, including but not limited to employees, agents, contractors and third party service providers we may work with to assist us in providing services to you, are strictly prohibited from using customers’ personal information for any purpose other than to provide this assistance and are required to protect personal information disclosed by us and to comply with the general privacy principles described in this Privacy Policy.

Barclay James may be required to disclose your personal information when specifically ordered and authorised by regulatory authorities including the law, search warrant, subpoena, court order or similar.

Links to Third Party Sites

The Barclay James websites may offer links to other third party websites. You should be aware that operators of these third-party websites may also collect your personal information (including information generated through the use of cookies or other technology). Barclay James is not responsible for any third-party website and the use and protection of your personal information as it pertains to their privacy practices.

Update to this Policy

Barclay James reserves the right to modify this Policy statement at any time, without prior notice, by updating this page on our websites.

Contact Information

In the event that you have any questions about this Privacy Policy or if you have reason to believe that we have not followed this Privacy Policy, you may contact our Privacy Officer via mail at: Barclay James Privacy Officer, Barclay Anderson,4 Chester Court,High Street,Knowle,B93 0LL. You may also contact us at the phone number listed on our websites.