Privacy Policy

Privacy Policy

Privacy Policy

This is an important notice regarding your privacy and the way in which Portable Multimedia Limited (referred to as “we”, “our” or “us” in this policy) collects and makes use of your personal data. We want to be open and transparent with you, and therefore encourage you to contact us if you have any questions about this policy or the ways in which we use your personal data.
 
This policy applies to our applicants, business contacts (i.e. clients and prospective clients), customers, suppliers, competition entrants and third parties generally. We take our privacy responsibilities seriously and are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of applicable privacy legislation, the data controller is Portable Multimedia Limited of Nextbase, Floor 6, 230 Blackfriars Road, London, SE1 8NW, United Kingdom. Our company registration number is 04038169.
Questions regarding this policy should be directed to our Data Protection Officer who can be contacted at compliance@nextbase.co.uk. The Data Protection Officer is responsible for ensuring compliance with relevant data protection legislation and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.
 
1. What information do we hold about you?
We may collect, store and use personal data about you (referred to throughout this privacy policy as personal information):
 
Applicants
  • Personal contact details such as your name, title, address, telephone number, e-mail address and your IP address when you visit our website.
  • Recruitment information (including personal information such as copies of your right to work documents, your CV or cover letter which is sent to us as part of the application process).
  • Information provided to us by recruitment agencies in relation to your application for employment with us.
Business contacts
  • Contact details such as your name, title, business telephone number, business e-mail address and your IP address when you visit our website.
  • Information that you provide or we collect during our interactions with you or your employer, such as how long we have done business with you or how long you have worked at your company.
  • Bank details of sole traders.
Customers
  • Personal contact details such as your name, address, telephone number, e-mail address and your IP address when you visit our website.
  • Other personal information you provide to us via our website, for example, by using the LiveChat feature via our “contact” page.
  • Payment information such as credit/ debit card number, expiration date, security code and name as it appears on the card and the address the card is registered to.
  • Personal and payment information that you provide to us at trade shows and expeditions.
  • Details which you provide to us in connection with product warranty registration.
  • Personal information provided to us via our website or social media accounts, for example, by contacting us on Facebook or Twitter.
  • Personal information provided to us during telephone calls which you have made to us and which are recorded.
  • Personal information provided to us by the third party service providers we work with, for example, analytics providers and third party companies providing us with marketing assistance.
Suppliers
  • Personal details such as your name, address, bank account information, telephone number and your IP address where you visit our website.
Competition entrants
  • If you enter or apply to enter any of our competitions or events, personal information including your name, e-mail address, telephone number and bank details (if relevant).
  • Personal information provided where you enter into one of our competitions via one of our corporate partners.
Generally
  • If you visit our offices, images and videos are recorded by the CCTV system in operation on our premises.
  • Information provided to us over the telephone which is recorded when you call our offices.
  • Any personal information provided to us following completion of our ‘Dash Cam Submission Form’.
  • Where you feature in content uploaded to our website ‘Operation Snap’.
  • Where you feature in content uploaded to our social media pages.
  • Where you feature in content provided to us by our dash cam users.
  • Any personal data provided to us at any of the trade shows that we take part in.
  • Any personal information you provide to us during your interactions with us.
  • Information gathered by cookies used on our website. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse and also allows us to improve the way our website works. For detailed information on the cookies we use and the purposes for which we use them please refer to our Cookie Policy.
  • Information provided to us by third party service providers we work with, for example, payment service or analytics providers.
2. How will we use your personal information and what is the legal ground we rely on for doing so?
We will only use your personal information when the law allows us to. When we use your personal information, we must have a legal ground for doing so. The following are (amongst others) the legal grounds by which we can use your personal information:
  • Where you have provided us with your consent for us to do so;
  • Where we need to perform the contract we have entered into with you or to take steps to enter into a contract with you;
  • Where we need to comply with a legal obligation to which we are subject;
  • Where it is in pursuit of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
More specifically, we will use your personal information in the following circumstances:
 
Applicants
  • To evaluate and progress your application for employment with us – to perform the contract with you or to take steps to enter into a contract with you, and in pursuit of our legitimate interests to verify your suitability for our vacancies.
  • To carry out right to work checks – to comply with a legal obligation.
Business contacts
  • Your contact details – in pursuit of our legitimate interests (to facilitate business between you or your business and us).
  • Your contact details to provide you with information on our products and services. This may include technical information and/or marketing information (where you are an employee of a business) – in pursuit of our legitimate interests in keeping you informed about our products, services and business updates.
  • Your bank details (if you are a sole trader) – to perform a contract with you or take steps to enter into a contract with you.
Customers
  • Dealing with your product related enquiry via remote assistance – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently
  • Dealing with your enquiry made via the “Contact” page, the LiveChat feature on our website and / or social media – in pursuit of our legitimate interests to ensure your enquiry is dealt with promptly and efficiently.
  • Your contact details to provide you with marketing information on our products and services – where you have provided us with your consent for us to do so.
  • Your personal information that you provide during calls to us – in pursuit of our legitimate interests in order to ensure adequate training and monitoring of our staff.
  • Your payment information – to perform the contract with you or to take steps to enter into a contract with you.
  • Your personal information for product warranty purposes – to perform the contract with you or to take steps to enter into a contract with you
  • Your personal information provided to us via social media platforms – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.
  • Data collected from the insurance page will be passed to a 3rd party partner organisation (Cornmarket) when requested by the user for the purposes of an insurance quote or call back.
Suppliers
  • Your personal details – in pursuit of our legitimate interests (to facilitate business between you or your business and us).
Competition entrants
  • Your personal details provided to us in connection with the competition that you have applied to enter into – to perform the contract with you or to take steps to enter into a contract with you.
Generally
  • To ensure our premises are kept secure – in pursuit of our legitimate interests (in ensuring our premises are kept secure and to keep evidence of this).
  • Health and safety purposes – to comply with a legal obligation.
  • Personal data provided to us at trade shows – in pursuit of our legitimate interests to understand who attended the trade show.
  • To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes – in pursuit of our legitimate interests (to better understand how people interact with our website and solve any issues it may have).
  • To improve our website to ensure that content is presented in the most effective manner for you and your computer – in pursuit of our legitimate interests (to improve our content and your experience).
  • To transfer to third party service providers – in pursuit of our legitimate interests (in outsourcing for effectiveness and efficiency).
  • To contact you if we wish to use your information for a purpose not set out in this policy – to comply with a legal obligation.
  • Information provided to us via dash cam footage – in pursuit of our legitimate interests to promote our products.
  • Your personal information provided to us via social media platforms – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.
  • Your personal information provided to us over the telephone – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.
  • Personal information provided to us via our Operation Snap website – in pursuit of our legitimate interests to assist South Wales Police in keeping the roads safe.
3. What happens if there is a change of purpose?
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
 
4. Which type of third parties might we share your personal information with?
We require third parties to respect the security of your personal information and to treat it in accordance with the law. For example, where we instruct third party service providers, we carry out due diligence on those providers to ensure they treat your personal information as seriously as we do.
We may share your personal information with the following types of third parties:
  • Technical support providers, for example, assisting with our website.
  • Providers assisting us with receipt of payments via our website.
  • Recruitment agencies assisting us with filling our vacancies.
  • Professional advisers such as lawyers, accountants, insurance companies and business analysts.
  • Providers who assist us with shipping, logistics and delivery of our solutions.
  • Providers assisting us with the management of our competitions.
  • Providers which help us collate and organise information effectively and securely.
  • Providers which help us generate and collate surveys and reviews of our products and services.
  • Providers which assist us with marketing by, for example, helping us send marketing mailshots.
  • Third party software hosting companies which provide us with software solutions.
  • Providers which host our servers in their data centres (these are all within Ireland).
  • Our competition partners following your entry.
5. Data retention
 
How long will we use your personal information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.
We assess the appropriate retention period for different information based on the size, volume, nature and sensitivity of that information, the potential risk of harm to you from unauthorised use or disclosure of that information, the purposes for which we are using that information, applicable legal requirements for holding that information, and whether we can achieve those purpose(s) through other means.
 
Applicants
  • Where your application for employment with us is successful, we will provide you with further information as to how we use your personal information during the course of your employment.
  • Where your application for employment is unsuccessful, we will keep your personal information, such as your CV and application details, for 6 months.
Business contacts
  • The period we keep your personal information depends on a number of circumstances. For example:
  • Where we have collected your personal information during the course of your and our organisations doing business, we will keep your personal information for as long as this business continues, or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
  • In the case of sole traders, we will keep your bank account details for as long as we do business together or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
  • Where you have provided us with your personal information during the course of making a complaint, we will keep this information for 7 years.
  • Where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy.
Customers
  • If you have consented to receiving marketing information, we will keep your personal information for as long as we still have your consent;
  • If you have provided us with your personal information for the purpose of making a complaint or a customer service call, we will keep this information for 7 years.
  • If you have provided us with your personal information for the purposes of product warranty, we will keep this information for 10 years.
Suppliers
  • We will keep your personal information for as long as we and you do business together or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.
Competition entrants
  • We will keep your personal information for a period of 6 years after a competition.
Generally
  • Any data collected through our CCTV system is stored for 31 days only.
  • Images and videos of you which are provided to us and uploaded to any of our websites or applications will be deleted on request.
  • Data stored on CamViewer is stored for 30 days only.
  • Our server logs which log IP addresses are deleted after 30 days.
  • Where you provide us with your personal information at a trade event we will keep your personal information for as long as we have a commercial interest in doing so.
  • Where you provide us with your personal information at a trade event for marketing purposes we will keep your information until you withdraw your consent.
6. Where we store your personal data
Electronic versions of your personal information are stored on our servers in the UK and Ireland.
Where we use third party service providers to assist us, your personal information may also be stored in accordance with their practices and procedures. We require third parties to respect your personal information and to treat it in accordance with the law.
Where your data is transferred outside of the EEA, we will take steps to ensure your personal information is adequately protected.
 
7. Rights of access, correction, erasure and restriction
 
Your rights in connection with your personal information
Under certain circumstances, by law you have the right to:
 
  • Request access to your personal information (known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request the erasure of your personal information. This enables you to ask us to delete or remove personal information when there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Data Protection Officer in writing using the contact details set out at the beginning of this privacy policy.
 
8. No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
 
9. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access any personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to another person who has no right to receive it.
 
10. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officer in writing using the contact details set out at the beginning of this privacy policy.
Where we are providing you with marketing information, you can also change your marketing preferences by using the unsubscribe button at the bottom of our marketing e-mails sent to you.
Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.
 
11. What happens if you fail to provide personal information?
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with our products or services), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of visitors to our premises).
 
12. Right to complain
You have the right to make a complaint if you wish to do so. The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail (casework@ico.org.uk).
 
13. Klarna
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.
General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.
 
14. Changes to this privacy notice
You have the right to make a complaint if you wish to do so. The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail (casework@ico.org.uk).
 
15. Terms of Use
 
TERMS OF USE – SHORT VERSION
 
This document summarizes the terms of use of the Nextbase website. Before submitting any video footage or other materials, you are required to read, understand, and agree to the Netxbase Video Footage Purchase Agreement (the “Agreement”). The following summary provides a short explanation of that Agreement, and is not legally binding.
 

1. SUMMARY: Read the Agreement before you submit any Video Footage or descriptive materials to us. The Agreement describes the rights each of us will have, and will be legally binding and enforceable once we accept any Video Footage or other materials you submit using our online form .

2. SUMMARY: In exchange for purchasing all rights (including the copyright) to your Video Footage, we will compensate you in the amount set forth on our website, or upon any other terms we both agree to in writing. You will receive compensation once we confirm those materials meet our guidelines, usually within 10 days of submission but sometimes longer. If the materials do not comply with our guidelines, we have the right to cancel this Agreement.

3. SUMMARY: We will own all rights (including copyright) to the Video Footage and any descriptive materials you submit. We can edit, alter, modify, use and publish those materials for any purpose as we see fit -- including commercially – and also allow others to use those materials. You cannot cancel or terminate our ownership rights after entering into the Agreement. You will also give up all rights as creator of the work, including the right to be identified as the author of the Video Footage. We have the right to use your name, voice and likeness in connection with the Video Footage. If any other persons appear in the Video Footage, you confirm that you have obtained their written consent so we (and others) can use their name, voice and likeness, including for commercial purposes.

4. SUMMARY: You can use the Video Footage after entering the Agreement, but only for your personal and non-commercial use, and not in any manner that potentially damages our reputation. You may not allow others to use the Video Footage. If you violate these conditions, we can revoke permission and prevent you from using the Video Footage going forward.

5. SUMMARY: You promise that you created and own all rights in the Video Footage yourself, that it has not been copied from somewhere else, and that no one else has permission to use it, except for us. You also promise that the Video Footage (i) does not violate the rights of third parties, (ii) does not contain false or misleading statements, (iii) does not violate the law, and (iv) does not promote hatred against others. If any of these promises are untrue, or if you breach the Agreement, you agree to compensate us for any damages or legal fees we may incur.

6. SUMMARY: We each agree to comply with all relevant data protection laws.

7. SUMMARY: You agree to promptly sign, at no cost, any additional documents we may need to advance the terms of this Agreement, such as legal documents transferring rights in the Video Footage to us or a third party. This Agreement is between you and us only, and is enforceable even if we delay in enforcing it. If a court rules that one section of the Agreement is unlawful or invalid, the other sections will still remain valid. You agree that you are an independent contractor, and not one of our employees or partners. If we breach this Agreement, you agree that you are only entitled to receive the total amount we paid for the Video Footage as damages. You agree to arbitrate any dispute concerning this Agreement in Los Angeles, California. Any changes to the Agreement must be in writing and signed by each of us

16. Nextbase Video Footage Purchase Agreement
IMPORTANT:
 
a) This agreement creates certain legal obligations, along with important information about us and your video footage – for example who we are, how we can use your video footage, the fact that you will not have any legal “cooling off” rights and information about which aspects of this agreement you can and cannot terminate.
 
b) If you do not want to transfer ownership rights in the Video Footage and related Incident Information to us, please do not enter in to this agreement. if you do, you will be selling ownership of the Video Footage and Incident Information to us on the basis set out below.
 
c) By entering in to this agreement you will be entering in to a legally binding contract on the terms set out below.
 
d) We intend to rely on these terms. If you have any questions about these terms, please consult with independent legal counsel before entering into this agreement.
 
e) If you have specific questions about this agreement, you can also contact us using the contact details provided below.
BACKGROUND
 
A) By entering into this Agreement, You agree to transfer and assign to us legal and beneficial ownership of your video footage (as set out below) (the “Video Footage”) along with any description about the Video Footage you submit to us using our online form (“Incident Information”). In return, you will retain the limited right to continue using the Video Footage and Incident Information for your personal use.
 
B) IMPORTANT: This means that ownership of the Video Footage and Incident Information will belong to us, and that we will allow you to continue to use your video on a limited basis in accordance with clause 4 of this agreement.
 
1. Important information
 
1.1 Why you should read this agreement in full. Please read these terms carefully before you enter into this agreement. This agreement tells you who we are, what happens to ownership of your Video Footage and Incident Information, how we may use your Video Footage and Incident Information, how you may use your Video Footage and Incident Information after you have transferred ownership to us and other important information. If you think that there is a mistake in this agreement, please contact us to discuss before you enter in to it.
 
1.2 Who we are.
 
1.2.1 We are ___________ (“we” / “us” / “our”).
 
1.2.2 Our registered office is ___________
 
1.2.3 You can contact us as follows:
 
1.2.3.1 Phone: _____________
 
1.2.3.2 Email: sales@nextbase.com
 
1.2.3.3 Web: www.nextbase.com
 
1.3 In this agreement, if we use the words including, include, in particular, for example or similar phrases, we are giving examples and those words shall not limit the terms, description, definition or phrases that follows those words.
 
1.4 How the contract is formed. If you agree to transfer ownership in your Video Footage and Incident Information to us under this agreement, please submit the required information using our online form. This agreement, once entered into by you, forms a legally binding agreement between you and us.
 
2. Consideration
 
2.1 What you will receive in return for transferring ownership in the Video Footage and Incident Information to us. In consideration for your transfer of ownership of the Video Footage and Incident Information, we agree to provide you with the consideration (for example a Nextbase discount code) identified on our website when you enter into these terms, or alternately, any other exchange we agree to in writing before you submit the relevant Video Footage and Incident Information (the “Consideration”).
 
2.2 When we will provide the Consideration.
 
2.2.1   We shall provide you with the Consideration approximately 5 to 10 days after validating that the Video Footage and Incident Information (i) complies with the guidelines published on our website, or (ii) where relevant, at a time that is mutually agreed in writing between the parties prior to your submitting the Video Footage and Incident Information. The validation process will occur after you have you entered into these terms and delivered the Video Footage and Incident Information to us via the on-line form accessible on our website.
 
2.2.2 It may take us up to 10 days from receipt to validate the Video Footage and Incident Information, so it may take up to 20 days for you to receive your Consideration.
 
2.2.3 If there is a problem with the Video Footage or Incident Information you submitted (for example because it does not comply with the guidelines set forth in clause 2.2.1), we will contact you promptly after our validation efforts. In such circumstances, we shall have the right to cancel this agreement. You shall be contacted in the event we exercise our right to cancel this agreement.
 
2.2.4 We will not be obliged to provide you with the Consideration unless and until the Video Footage and Incident Information is validated pursuant to the requirements set forth in clause 2.2.1 above.
 
3. Transfer of Ownership
 
3.1 You agree to transfer ownership in the Video Footage and Incident Information to us.When you enter in to this contract you hereby assign, transfer, set over and convey to us:
 
 
3.1.1 One-hundred percent (100%) of your interest in and to the Video Footage and Incident Information which you own, or may become entitled to own, anywhere in the world and universe, including without limitation, the copyrights and proprietary rights therein and any renewals and extensions thereof (whether presently available or subsequently available as a result of intervening legislation) in the United States of America and elsewhere throughout the world;
 
3.1.2 all other legal and beneficial ownership, rights and interests whatsoever in the Video Footage and Incident Information; and
 
3.1.3 the right to bring, make, oppose, defend, appeal, and obtain relief (and to retain any damages recovered) in connection with any and all causes action for infringement, or any other cause of action, arising from ownership of the Video Footage and Incident Information, whether occurring in the past, present and/or future.
 
3.2 Our rights regarding the Video Footage and Incident Information.

You understand and agree that as a result of transferring ownership in the Video Footage and Incident Information to us, we will have the unlimited right to use, edit, copy, alter, add to, take from and adapt the Video Footage and Incident Information for any purpose as we see fit.
 
3.2.1 This means that we can use the Video Footage and Incident Information for any purpose we decide - for example we could use the Video Footage and Incident Information:
 
3.2.1.1 for business purposes, including commercial exploitation, training and technical support;
 
3.2.1.2 for our own marketing purposes, including editing, copying and distributing the Video Footage and/or Incident Information to third parties, and to publish the Video Footage and/or Incident Information in the media including print publications, promotional materials and advertising, on the internet and on social media platforms, including, Facebook, YouTube, Twitter and Instagram; and
 
3.2.1.3 by granting licences to use the Video Footage and/or Incident Information to third parties.
 
3.3 No rights of termination nor any cooling off periods apply to clause 3.1 and the transfer of ownership of the Video Footage and Incident Information. This means that you cannot cancel or terminate the transfer of ownership once you have entered in to these terms. Please therefore think carefully before agreeing to this contract.
 
3.4 You agree to waive your moral rights (“Droite Moral”) to the Video Footage and Incident Information. You waive all rights that you have now or in the future to be identified as the creator of the Video Footage and Incident Information, and to be associated with it and have it attributed to you. You also agree that you can’t object to any editing of the Video Footage and Incident Information or how it is used.
 
3.5 You agree that we shall have the right to use your name, voice, likeness and/or appearance for use in connection with the Video Footage and any video, film, clip, program or other audio, audio-visual or digital materials in which the Video Footage may be incorporated, including promotional and advertising materials. We may also edit your appearance as we see fit.
 
3.6 You confirm that you have the necessary waivers to enter this agreement. If any person other than you is featured or appears in the Video Footage or Incident Information, you confirm that you have obtained written consent from them to use their name, voice, likeness and/or appearance. Important: if you have not obtained their written consents, please do not enter in to this contract with us.
 
3.7 We may transfer our rights and obligations under this contract to another organisation or person. We will tell you by email if this happens, and will ensure that any transfer will not affect your rights under this agreement.
 
4. Video Footage and Incident Information Licence
 
4.1 We will grant you a limited licence to use the Video Footage and Incident Information for your personal, non-commercial purposes.
 
4.1.1 Immediately after ownership of the Video Footage and Incident Information is transferred to us, we will grant you the limited right to use the Video Footage and Incident Information for personal, non-commercial related purposes.
 
4.1.2 The above right is for personal purposes only, so you must not use the Video Footage or Incident Information for any commercial or business purposes – for example licensing or making it available it to others for any form of gain or payment.
 
4.1.3 You agree not to post or otherwise publish the Video Footage or Incident Information in any manner that may harm our reputation, including the use of derogatory or damaging comments or captions.
 
4.2 Some important terms in relation to the licence we grant to you to continue to use the Video Footage and Incident Information:
 
4.2.1 The licence will not be exclusive to you. This means that we can continue to use the Video Footage and Incident Information ourselves and licence it to any other organisation or person
 
4.2.2 The licence will be “worldwide” meaning that you can use the Video Footage and Incident Information anywhere in the world.
 
4.2.3 The licence will be “royalty free”, which means you don’t have to pay us any sums to use the Video Footage and Incident Information.
 
4.2.4 You may not sub-licence any of your rights under this licence to another organisation or person. This means that you cannot grant third parties the right to use the Video Footage and Incident Information.
 
4.2.5 The licence will be “perpetual” which means the licence will last forever unless we terminate the licence because you breach these terms, or you terminate the licence in accordance with clause 4.2.8.1.
 
4.2.6 We may end the licence if you break these terms.
 
4.2.6.1 We may end the licence granted to you in clause 4.1 if you break the terms of the licence (for instance, by using the Video Footage and Incidental Information for any business or commercial purpose per clause 4.1.2) in any serious way.
 
4.2.6.2 If your licence to use the Video Footage and Incident Information ends, you will not be able to use the Video Footage and Incident Information and we will still own it.
 

4.2.7 No legal right to change your mind.

4.2.7.1 By entering in to this agreement you consent to immediate performance of the clause 4.1 licence and acknowledge that you cannot withdraw from that licence once it has begun.

4.2.7.2 This means you will not have a legal right to change your mind about the clause 4.1 licence - sometimes referred to as a “cooling off” right.

4.2.7.3 Important: You do not have a legal right to withdraw from or cancel the clause 3.1 transfer of ownership in respect of the Video Footage and Incident Information.

4.2.8 Your rights to end the clause 4.1 licence.

4.2.8.1 You can terminate the licence granted to you in clause 4.1 at any time. If you would like to end that licence, please let us know using the contact details in clause 1.2.

4.2.8.2 IMPORTANT:

(a) If you end the licence, you will no longer have any rights to use the Video Footage and Incident Information and you must promptly delete all copies of them.

(b) Ending the license granted to you in clause 4.1 will not affect the transfer of ownership of the Video Footage and Incident Information to us (as described in clause 3.1), which will remain valid. Please therefore think carefully before ending the clause 4.1 licence.

5. Your Contractual Promises

5.1 You promise that the below statements are correct. If any of them are not correct, DO NOT enter in to this agreement as you may be in breach of contract by doing so. By entering in to this agreement, you confirm to us that:

5.1.1 You are the sole and legal and beneficial owner of, and own all rights and interest in the Video Footage and Incident Information – in other words, you own all of the Video Footage and Incident Information;

5.1.2 You have not licenced or transferred any legal rights relating to the Video Footage or Incident Information to any other person; and

5.1.3 The Video Footage and Incident Information belongs to you and has not been copied from any other source.

5.1.4 The Video Footage does not contain content that(I) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law or regulation; (iii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iv) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (v) relates or pertains to any "hate group," i.e. , groups that are organized to promote the oppression of any class of people; or (vi) creates a false identity for the purpose of misleading others.

5.1.5 You agree to indemnify and hold us and our officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, due to or arising out of your breach of this agreement or your representations and warranties herein, or due to any content included in the Video Footage and Incident Information or any infringement of a third party’s intellectual property, privacy or other rights.

6. Data Protection

6.1 We both agree to comply with data protection laws. Both parties (i.e., you and us), shall, at their own expense, comply with, and assist each other to comply with, the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. This includes any data protection legislation from time to time in force in the United States, the European Union (EU) and/or the United Kingdom, including the Data Protection Act 2018, and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”). This clause is in addition to, and does not reduce, remove or replace, either our or your obligations arising from such requirements.

6.2 How we will use your personal information. For the purposes of this agreement, the data controller is ______________ [Portable Multimedia Limited?]. We will use the personal information you provide to us (including personal information in the Video Footage and the Incident Information) in accordance with our privacy policy available at: www.nextbase.ca/privacy-policy/.

7. Other Important Terms

7.1 You agree to assist us to give full effect to this agreement. If we need your help to ensure this agreement is effective and works in accordance with its terms, you agree to promptly give us that help at no cost. For example, we might ask you to sign a document to transfer this contract to someone else as described above. We agree that we won’t ask you to do anything unreasonable.

7.2 Nobody else has any rights under this agreement. This agreement is between you and us. No other person has any rights to enforce its terms, unless we transfer our rights and obligations under this agreement to a third party as described in clause 3.6.

7.3 If a court finds part of this contract illegal, the rest will continue in force. In other words, each of the clauses in this agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we don’t insist immediately that you do something required under this contract, or if we delay in taking any steps against you if you break this contract, that does not mean that you do not have to do those things or that you can prevent us taking steps against you at a later date.

7.4 Independent Contractor Status. You are entering into this contract as an independent contractor, and no agency, partnership, joint venture, employer-employee or other relationship is intended or created by this Agreement.

7.5 Aggregate Liability. In the event of any alleged breach of this agreement by us, you agree that our total aggregate liability for any claim or cause of action will not exceed the total Consideration you received from us for the Video Footage and Incident Information.

7.6 Arbitration of Disputes. Each of us agrees to submit any dispute relating to this contract to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association with the arbitration to take place in Los Angeles unless we both agree on a separate location. Each of us further agrees they may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative or private attorney general action or proceeding. We each agree not to disclose the existence, content, or results of any arbitration without the written consent of both parties. Judgment on any arbitration award may be entered in any court having jurisdiction. If this agreement to arbitrate is found not to apply to a particular claim or dispute, we both agree to the personal jurisdiction and venue of the state and federal courts located in Los Angeles, California for that claim or dispute.

7.7 Which laws apply to this contract and where you and we may bring legal proceedings. The terms of this agreement are governed by United States law.

7.8 Entire Agreement. This agreement comprises the entire agreement between you and us and supersedes all other agreements, written or oral, between us regarding the subject matter contained herein. This agreement cannot be modified unless it is in writing and signed by you and one of our authorized representatives.