Terms & Conditions

TERMS OF USE

This page (together with the documents referred to on it) outlines the terms of use on which you may make use of our website www.pye-resolve.com (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

This website is provided by Alistair Pye and Pye Resolve Limited, a company registered in England and Wales under registration number 07027371 and whose registered office is at Pembroke House, 26 St Martin’s Lane, Marshfield, South Gloucestershire, SN14 8LZ. For the purposes of these terms of use, “Pye Resolve” includes Alistair Pye and Pye Resolve Limited.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance of information posted

Commentary and other information and materials posted on our site are not intended to amount to legal advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Although we try to ensure that any information, commentary and other materials are up to date and accurate, we can make no warranty as to their accuracy of completeness.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may not link to our home page without our prior consent. Where we consent to a link you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to apye@pye-resolve.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact apye@pye-resolve.com. Thank you for visiting our site.

PYE RESOLVE LIMITED – PRIVACY NOTICE

Introduction

Pye Resolve Limited is committed to respecting and protecting your privacy.

Please read the following information carefully. This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who we share this information with, the security mechanisms we have put in place to protect your data and how to contact us in the event you need further information.

I (Alistair Pye) conduct my alternative dispute resolution practice through my company, Pye Resolve Limited (PRL). This notice applies to PRL as well as to me.

Normally, PRL receives data from the legal representatives of parties to disputes and not direct from those parties, except where such parties are acting in person.

Data Controller – who am I

PRL uses and is responsible for personal information about you and is the ‘controller’ of this information for the purposes of the General Data Protection Regulation and other applicable data protection laws.

What information I collect

When carrying out the following activities:

The management and administration of my practice– I may obtain your personal data, including special categories of personal data as defined in the General Data Protection Regulation 2018 (“GDPR”), when you make an enquiry about using me as a neutral. This could include contact via telephone, email or other electronic correspondence, for example, if you seek an estimate of costs for my services or appoint me as a neutral.
Otherwise in the normal course of business – you may have provided me with your personal business details in relation to appointing a neutral or for the purposes of communicating regarding potential mediations, adjudications and other services provided by me or marketing/business development opportunities. This could include contact via telephone, email or other electronic correspondence.

Other marketing– I may have obtained limited personal data at an event or through an introduction by a third party or through mutual networking activity in person or via social media, email or other digital communications.
In addition, if you visit pye-resolve.com some limited personal data may also be collected. Web usage information such as IP address, time and duration of visits.
Otherwise through providing my services or operating my practice.

I collect the following personal information that you provide:

your name and title and the name of the company or firm that you represent and your job title.
contact information, including telephone number, postal address and email address.
information relating to your location, preferences and / or interests.
in certain circumstances, your and others’ signature(s), financial details such as bank account details.
in certain circumstances, data relating to health (including disabilities), ethnicity, race, religious beliefs, trade union membership and other ‘special category personal data’.
the content of any enquiry submitted over the Website.
any other personal data I collect (such as the reference number which may be assigned to you) in the context of my work or in the course of operating my business.
other personal information relevant to instructions to provide services, including information specific to the instructions in question.
any other information relating to you which you may provide to me.

Information collected from other sources

I collect the following information from other sources:

your name and title and the name of the company or firm that you represent and your job title.
contact information, including telephone number, postal address and email address.
information relating to your location, preferences and / or interests.
in certain circumstances, your and others’ signature(s), financial details such as bank account details.
in certain circumstances, data relating to health (including disabilities), ethnicity, race, religious beliefs, trade union membership and other ‘special category personal data’.
any other personal data I collect (such as the reference number which may be assigned to you) in the course of operating my business.
other personal information relevant to instructions to provide mediation
services, including information specific to the instructions in question.

If you give me personal information about another person, you should ensure that:

(a) you are legally entitled to give me that information;
(b) the disclosure is in accordance with any applicable data protection or privacy law; and
(c) such other person has also read this privacy notice

How I use this information

I may use your personal information for the following purposes:

to provide the requested service to you.
to respond to any query that you may submit to me.
to manage my relationship with you (and/or your business), including by maintaining my database of contacts and other third parties for administration, and accounting and relationship management purposes.

to complete my contractual obligations to you.
to carry out any relevant conflict checks.
to keep accounting records.
to promote and market my practice.
to provide work shadowing opportunities.
to respond to requests for references.
to respond to potential complaints or make complaints.
to comply with any other professional, legal and regulatory obligations which apply to me or policies that I have in place.

to establish, exercise or defend my legal rights or for the purpose of legal proceedings.

for my legitimate business interests, such as undertaking conflict searches, business research and analysis, managing the operation of my practice.

to prevent and respond to actual or potential fraud or illegal activities.
for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey responses.

as I feel is necessary to prevent illegal activity or to protect interests.

I do not use automated decision-making in the processing of your personal data.

Please bear in mind that if you choose not to provide personal data requested by me, or if you object to my processing your personal data, I may not be able to provide you with the information and/or services you have requested or otherwise fulfil the purpose(s) for which I have asked for the personal data.

My legal bases for processing (using or storing) your personal information

The GDPR requires all those that process personal data to have a legal basis for doing so.

The lawful bases identified in the GDPR, and which provide my legal bases for processing your personal data, are:

Performance of a contract with the data subject or to take steps to enter into a contract.
Compliance with a legal obligation.
The legitimate interests of myself, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Where I am otherwise required or authorised by law.
Where processing of ‘special category data’ is necessary in the context of the establishment, exercise or defence of legal claims.

In certain circumstances, where I need to process ‘special category data’ in the context of my legal work but outside the scope of the point above, where I have obtained your express consent to do so. As I will explain at the time that I collect your consent, you may withdraw it at any time in accordance with the information I provide to you at that time.

Legitimate interests:

The legitimate interests and purposes for which I process personal data are as follows:

To administer and perform my services as a neutral.
To make, investigate, respond to or address complaints or concerns, including any legal or regulatory action.
To ensure network and information security, including preventing unauthorised access to personal data.
To assess and improve my services.
For marketing purposes.
My interests in managing my relationship with my contacts and ascertaining achievement of proper standards/ compliance with policies, practices or procedures.
Running conflict checks.
Statistical information.
To report possible criminal acts or threats to public security.

Sharing your information

As a lawyer-neutral I have an obligation to keep your information confidential, save as may be required by law, whether under the Proceeds of Crime Act 2002 and/or any Regulations relating thereto or otherwise.

My obligations in relation to alternative dispute resolution matters are governed by the terms of an agreement executed in relation to each matter.

Information collected from or otherwise arising from the provision of my services may be shared internally with the administration team of PRL.

Third-party IT staff may have access to the data if it is necessary in the performance of their supporting role for the Controller.

I also share limited information with third parties who process data on my behalf, including IT service and business administration service providers, insurers and in connection with bank transfers and accountancy requirements.

I will not rent or sell contacts details to any other organisation or individual.

I may be required to provide your information to regulators or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

Storage and retention of your personal information

Personal data will be retained for as short a period as possible and the retention period may vary from one piece of information to another. It will also take into account my need to meet any legal, statutory and regulatory obligations, good practice and business purposes. In all cases the need to use your personal information will be reassessed on a regular basis and information which can be destroyed because it is no longer required will be disposed of effectively and securely.

Security of personal data

I am committed to ensuring that your information is secure. To help protect your personal information from unauthorised access or disclosure, I have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information I hold. Once I have received your information, I will use standard procedures and security features to try to prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure and although I do my best to protect your personal data, I cannot absolutely guarantee the security of your data.

Sending your personal data outside the EEA

It may be necessary to transfer your personal information outside the EEA or to an international organisation in order to operate email systems and email marketing. A list of third countries that your personal data may be transferred to can be found below:

I use Microsoft Office 365 for email. Whilst servers are based in the EU it is replicated to other servers. Microsoft Office 365 complies with the EU-U.S. Privacy Shield. The EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en. Privacy Policy for Microsoft Office 365 located here: https://products.office.com/en-gb/business/office-365-trust-center-privacy

I use cloud data storage services OneDrive and Dropbox which are based in the USA and who have agreed to comply with the EU-.S. Privacy Shield, in order to enable me to store your data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en

If you would like any further information, please contact me with the details provided on my website.

Your rights

Under the General Data Protection Regulation, you have a number of important rights that you can exercise free of charge. In summary, these rights are to:

transparency over how we use your personal data and fair processing of your information;

access to your personal information and other supplementary information;
require me to correct any mistakes or complete missing information I hold on you;
require me to erase your personal information in certain circumstances;
receive a copy of the personal information you have provided to me or have this information be sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine-readable format;
object at any time to processing of your personal information for direct marketing;
object in certain other situations to the continued processing of your personal information;
restrict my processing of your personal information in certain circumstances;
request not to be subject to automated decision making which produce legal effects that concern you or affect you in a significantly similar way;

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR.

If you want to exercise any of these rights, please:

Email me direct at apye@pye-resolve.com;
provide information so that I can identify you such as a copy of your passport. I may need to contact you to request further information to verify your identity;
let me have proof of your identity and address;
state the right or rights that you wish to exercise.

I will respond to you within one month from when I receive your request.

If a data subject believes that the Controller has not complied with their data protection rights, they can complain to the Information Commissioner’s Office (ICO).

Cookies

This website uses cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

For further information, visit www.allaboutcookies.org

How do we use cookies?

We use cookies in a range of ways to improve your experience on our website, including:

Keeping you signed in.
Understanding how you use our website.

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

Functionality Cookies. We use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Google Analytics cookies – a tool that tracks how users interact with the website content.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Links to third party websites

This website includes links to third-party websites. If you follow a link to any such website, we do not accept any liability or responsibility, because these websites have their own terms and conditions and privacy policies. You should read these other sites’ privacy policies.

Future Processing

I do not intend to process your personal information for any reason other than stated within this privacy notice. If this changes, this privacy notice will be amended.

Changes to this Privacy Notice

This privacy notice was updated on 13/04/2020.

How to contact me about data protection matters

If you have any questions about this privacy notice or the information that I hold about you, please contact me.

The best way to contact me is to email me: apye@pye-resolve.com