ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.mispo.org (“Site”) OR ANY OF THE INFORMATION CONTAINED IN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement"):
1. This Site, together with all content, data and other materials contained in the Site (“Content”) is owned or controlled by [Omega Research Foundation], a [company] registered in England and Wales with number  and a [charity] registered in England and Wales with number  having its registered office at [Office 1, Floor 3, Bridge 5 Mill, 22a Beswick Street, Manchester, M4 7HR]. [Omega Research Foundation] is referred to in these terms and conditions as "we", "us", "our" or “Mispo”.
2. This Site is intended for reference purposes only and use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. Specifically, Mispo does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements.
3. We may provide links to other websites from time to time. These links are provided for your convenience and Mispo: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
4. Mispo, unless otherwise stated, owns or controls all copyright, database and all other intellectual property rights in the Site and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.
5. If you register with the Site, you agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered user to gain access to any secured area of the Site; and not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.
7. For the avoidance of doubt, when you send a photograph or other graphical material to us you hereby warrant and represent that you have taken the photograph(s) you have sent to us, or that you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us for use on the Site, and that you are granting to Mispo a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time on or within the Site. By submitting a photograph or other graphical material you warrant that the material you submit is not obscene, offensive, defamatory to any person or otherwise illegal.
8. Selected photographs and graphics received from users may be published at the discretion of Mispo. We may cut, edit, crop or arrange your photograph(s) or graphic(s) as we think fit to appear on the Site, and we may remove your photograph(s) or graphic(s) at any time. You (or the owner(s) of the photograph(s) or graphics submitted) retain ownership of the copyright in such material. Unless you have requested otherwise, your name will be published alongside your photograph(s) or graphics. Users who contact Mispo seeking permission to reproduce your photograph(s) or graphic(s) will be put in contact with you (or the relevant copyright holder) using the most recent email address that has been supplied to us
9. Mispo will not provide your details to potential purchasers of your submitted materials without your express permission. Such potential purchasers will be directed to complete an online form which will be sent onto you, without revealing your email address.
10. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Mispo. Mispo will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Mispo or any other parties through User's use of the Site or services provided via the Site. Mispo reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
11. If, for any reason, we believe that you have not complied with the registration requirements, or any other of the Terms and Conditions, Mispo may, at our discretion, cancel your access to the registration-required areas of the Site immediately and without giving you any advance notice.
12. If you believe that you are the owner of the copyright in any image(s) appearing on Mispo, and/or that ownership of the copyright of any image(s) has been incorrectly represented on Mispo, please contact us via the form on the ‘Contact Us’ page.
13. The brands, products and service names used in this Site (including without limitation, "Mispo.org”) are the trade marks or trade names of Mispo or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Mispo.
14. User agrees that the liability of Mispo to User under this Agreement shall be limited to the amount User has actually paid to Mispo for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Mispo.
15. User agrees to indemnify Mispo for any loss or damage that may be incurred by Mispo, including without limitation legal fees, arising from User's use of the Site or User's use of any information obtained through the Site.
16. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
17. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both Mispo and User.
18. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of the United Kingdom having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.
19. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
20. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
OMEGA RESEARCH FOUNDATION - Omega Research Foundation Limited (“Omega”, “we”, “us” or “our”) is a company limited by guarantee registered in England and Wales (with registered company number 05224240) and a registered office address at Bridge 5 Mill, 22a Beswick Street, Ancoats, Manchester, M4 7HR, United Kingdom. Omega Research Foundation Limited is also registered with the Charity Commission for England and Wales (with charity number 1105918).
For the purpose of data protection legislation in the UK, we are the controller of your personal data.
1. WHAT PERSONAL DATA DO WE COLLECT AND PROCESS?
• Contact details data: This may include name, email address, phone number and organisation name. This information will be collected by us if you communicate with us, for example if you use the ‘contact’ links on our website or communicate with us via email or if you provide us with your business card or email address at training courses and other events.
• Session data: This includes your IP address, your device’s unique identifier details, browser details including version, device operating system, time zone setting and time/date of access requests, the amount of data transmitted and the requesting provider. We may also capture other information about visits to our website such as pages viewed and traffic patterns.
• Research data: The research we undertake may involve collecting and processing various categories of data including images and videos, personal details, family details, lifestyle and social circumstances, membership details, goods and services, financial details, education, employment details, visual images, personal appearance and behaviour. In carrying out research, we may also collect and process information relating to criminal offences and alleged offences, criminal proceedings, outcomes and sentences.
2. PURPOSES FOR COLLECTING PERSONAL DATA
We may collect data and process personal data for the following purposes:
• to enable us to provide a voluntary service for the benefit of the public interest as specified in our constitution, including to advance the education of the public in the subject of international peace, human rights and the causes of conflict;
• to monitor the international trade in military, security and police equipment (“MSP”) in the pursuit of responsibility, transparency and accountability;
• to provide human rights organisations, the media, key decision-makers and the public with timely and accurate case study information on the MSP trade;
• to work with non-governmental organisations (“NGOs”) and media agencies to highlight breaches in regulations governing transfers of MSP equipment;
• to provide torture survivor support groups with information that enables them to seek legal redress from the governments and/or companies that produce and trade MSP equipment;
• to provide to those involved in the prevention of crime;
• for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to administer membership records and to maintain our own accounts and records;
• to fundraise and promote the interests of the charity. We may also use your personal data to send direct marketing to you in order to fundraise and promote the interests of our charity where we are legally permitted to do so or where you have consented to receiving direct marketing from us. Where we process your information for direct marketing, we are relying on your consent as a means to process your information where legally required to do so. Individuals may be contacted by post, email, telephone or such other means as we regard as appropriate and as legally permitted;
• to acknowledge and respond to communications;
• as part of our efforts to keep our website and members safe and secure;
• to administer, maintain and improve our website; and
• to meet legal or regulatory requirements. We are required to comply with certain legal and regulatory requirements when providing our products and services and we may process personal data in order to comply with those requirements, which may include monitoring and recording communications. Occasionally, we may be asked to provide certain information to regulators or law enforcement agencies and we will comply with these requests where legally required or permitted.
The legal basis for our use of your personal data is one of the following,:
• the processing is necessary for the performance of an agreement to which you are a party;
• the processing is necessary for compliance with a legal obligation to which we are subject; or
• the processing is necessary for a legitimate business interest that is not overridden by your interests, rights and freedoms which require protection.
Where none of the above applies, your consent (which we will ask for before we process your personal data) or if we have not obtained your consent we may be relying on the exemption for journalism (see below for more detail).
Our website uses the following categories of cookies:
• Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to load webpages.
• Analytical/performance cookies: These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website. This helps us to improve the way our website works, for example, by ensuring that visitors are finding what they are looking for easily.
• Donate Cookie: This is provided by the Charities Aid Foundation. When you use the Widget and the Donate Button on our website you are agreeing to the use of this cookie to enable the Charities Aid Foundation to process your donation on our behalf.
You may block cookies by updating the relevant settings on your device or browser to allow you to refuse the setting of some or all types of cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.
4. WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may need to share your personal data with selected third parties in the following limited circumstances:
• Our members: We may share data with Omega’s other members, for example research data you submit to us may be accessible by other Omega members who contribute to our research activities.
• NGOs and appropriate governmental organisations: Certain data you submit to us, for example research data, may be shared with NGOs and/or governmental organisations (but only where such sharing is appropriate) for example where an NGO wants to publish Omega’s research reports or a governmental organisation (such as the European Commission) wants to fund Omega’s activities and/or gain access to research published by Omega.
• Third party service providers: This may include providers of certain systems and services that we use to host, administer and maintain our website, including for example the servers used to host our website. For example, our website and databases are developed and maintained by third party contractors and donations are currently collected on our behalf by the Charities Aid Foundation.
• Third party service providers for marketing purposes: If you explicitly opt in to any marketing from Omega, certain data may be shared with third party service providers we use to help us carry out marketing including, for example, third party marketing automation platforms.
• To comply with legal or regulatory requests: If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, we may share your personal data with a regulator or law enforcement agency.
5. PRACTICES REGARDING EXTRA-EEA TRANSFERS OF PERSONAL DATA
We may transfer your personal data to other non-governmental organisations based overseas that we work with. Accordingly, your personal data may be transferred outside of the European Union (“EU”).
When using data as described in this notice, data about you may be transferred either within or outside the country or territory where it was collected, including to a country, territory or international organisation that may not have UK and/or EU equivalent data protection standards.
In all cases, the transfer will be on the basis of a European Commission adequacy decision or we will implement adequate measures, for example the EU Model Contracts, and including appropriate security measures, for the protection of personal data in those countries, territories or international organisations in accordance with applicable data protection laws.
6. THIRD PARTY WEBSITES
7. DATA RETENTION
By using our website, you consent for us to store your personal data in line with legal, regulatory, financial and good-practice requirements.
We apply a general rule of keeping your personal data for as long as required to fulfil the purposes for which it was collected. However, in some circumstances we may retain personal data for longer periods of time, for example if your personal data forms part of our research data we may keep your personal data indefinitely and in these circumstances we rely on the exemption for journalism (see below for more detail).
We may also retain your personal data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
We maintain a retention procedure which we apply to records in our care. In all cases, where your information is no longer required we will ensure it is disposed of in a secure manner.
8. EXEMPTION FOR JOURNALISM
Due to the nature of our organisation, there may be times where we rely on the exemption for journalism as provided for by applicable law in relation to how we process the personal data of certain individuals.
Whenever we rely on the exemption for journalism:
(a) the processing of the personal data in question is being carried out with a view to the publication by us of journalistic material;
(b) we reasonably believe that the publication of that journalistic material is in the public interest; and
(c) we reasonably believe that our compliance with applicable law (but for the exemption) is not compatible with such journalism.
In determining whether publication by us of journalistic material is in the public interest, we take into account the special importance of the public interest in the freedom of expression and information and we have regard to those codes of practice and guidelines which, in our reasonable opinion, are relevant to the publication of the journalistic material.
We take data security seriously. We implement appropriate and resilient security systems and protocols to protect the personal data we store.
However, Omega reminds you that transmission of data via the internet is never 100% secure. We cannot guarantee the security of information transmitted to or from our servers, and any such transmission is at your own risk. In particular, please keep in mind that if you voluntarily disclose your personal information online in a non-protected environment (such as a message board or in chat areas), that information could theoretically be collected and used by other members and would be outside of Omega’s control.
Due to the sensitivity of certain data that Omega collects in the course of conducting our public benefit research activities, all members should take precaution to protect the security of their devices and data online. More information can be found at the following website: https://www.cyberaware.gov.uk/
10. ACCESSING YOUR PERSONAL DATA AND YOUR RIGHTS
As a result of us collecting and processing your personal data, you may have some or all of the rights in respect of your personal data:
• to access personal data we hold on you;
• to request us to make any changes to your personal data if it is inaccurate or incomplete;
• to request your personal data is erased where we do not have a compelling reason to continue to process such data in certain circumstances;
• to receive your personal data provided to us as a data controller in a structured, commonly used and machine-readable format where our processing of the data is carried out by automated means and is based on: (i) your consent; (ii) our necessity for performance of a contract to which you are a party to; or (iii) steps taken at your request prior to entering into a contract with us ;
• to object to, or restrict, our processing of your personal data in certain circumstances;
• if we use your personal data for direct marketing, you can ask us to stop and we will comply with your request;
• if we use your personal data on the basis of having a legitimate interest, you can object to our use of it for those purposes, giving an explanation of your particular situation, and we will consider your objection;
• to object to, and not be subject to a decision which is based solely on, automated processing (including profiling), which produces legal effects or could significantly affect you; and
• to lodge a complaint with a data protection supervisory body, which at present in the United Kingdom, is the Information Commissioner’s Office.
In some circumstances where we rely on the exemption for journalism (see above for more detail), some or all of the rights listed above that you may have been able to exercise under applicable law may not be available to you.
11. CONTACTING US AND CHANGES TO YOUR PERSONAL DATA