element14 Terms of Use and Privacy Policy

These Terms of Use (“Terms”) set out the basis upon which the Premier Farnell Ltd group of companies (“PF/us/we”) provides access to and use of element14. By registering on, accessing or using element14 you agree to be bound by these Terms.

We may update these Terms from time to time without notice so you should check them regularly because your continued use of element14 will constitute your acceptance of the updated Terms.

By using the website you accept of all of the Terms contained herein, all other operating rules, policies (including, without limitation, element14 Privacy Policy for the website) and procedures that may be published from time to time on the website by element14. Any personal information collected on element14 will be handled in accordance with our Privacy Statement.

Please read these Terms carefully before accessing or using the website. If you do not agree to all the Terms, you may not access the website or use any of its services. If these terms are considered an offer by element14, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.

Registration

You are required to be registered with element14 in order to participate in, contribute to and access certain services on element14. Your registration is only for your personal use and you should not share your username or password with anyone else. You are responsible for keeping your password confidential and for all activity that occurs through your account.

Prohibited use / who should not use element14

You should not use element14 if you are:

1. not of legal age in your country to create binding financial and contractual obligations and  commitments and to assume any liability that you may expose yourself to through your use of element14;
   
   
2. under the age of 13, or if you are between the age of 13 and 18 and do not have the express permission of your parent or guardian to your use of element14;
   
   
3. a person on a  US Denied Persons List or who is a citizen or resident of or located in a country sanctioned by US law (or on any other similar list or  a citizen or resident of or located in a sanctioned country in any other applicable jurisdiction) and we reserve the right to block access to element14 from any such persons or countries;
   
   
4. a person in a country where use of or taking part in any activity or services offered by element14: (i) would be a breach of local laws of the country in which you are located, or (ii) is otherwise prohibited by applicable laws of other countries, including, but not limited to, U.S. export controls;
   
   
5. a person whose use of element14 requires a licence, permission or consent where you do not have such licence, permission or consent.

For the purposes of this paragraph 3, a person excluded from using element14 includes a person doing so on behalf of a company or other organisation that would be prohibited by the terms of paragraph 3.

By using element14 you confirm that you do NOT fall into any of the categories above.

Intellectual property

Content that we provide:

Any content or materials on element14 that we provide will be subject to intellectual property rights (such as copyright, trademarks, design rights) that are owned by or licensed to us.  All rights to this content remains under our ownership or our licensors’ ownership.

No part of element14 or any of its content may be reproduced (in whole or in part) or modified or disassembled/decompiled without our express prior written permission and you should not collect or compile information and/or materials from element14 as part of a database or other work without our express prior written permission. In the event that you are given permission, you are required to retain any copyright or other intellectual property notices contained in the original materials.

Content that you contribute:

We do not claim ownership of any content you contribute to element14 but by posting your content you grant us a worldwide, non-exclusive, transferable, royalty-free right and licence to use, display, reproduce, modify, adapt, translate, process, publish, distribute, transmit, host on our servers and resell/sell/rent any such content.  You confirm that you have all the necessary rights and consents to enable you to grant us this licence.

It is your own responsibility to protect any intellectual property or other rights existing in any content you contribute to element14 and to ensure you have the necessary rights, licences and consents (including from employers) to contribute such content to element14.

By contributing content to a public area of element14 or by choosing to collaborate with another user, the content you contribute or disclose will be available to others and we have no control over how they may use that content or the rights that they may obtain over that content. It is your responsibility to apply any controls you believe to be necessary over the use and rights to such content.

Any content you contribute to a private area of element14 will only be available to users that you have granted access to that area to.

Your responsibilities

You are responsible for:

1. your use of element14, which should be solely for legitimate personal or business purposes;
   
   
2. all content you contribute to element14, including ensuring that such content is not unlawful in any way in your or any other country, offensive or abusive in any way, inaccurate or misleading, confidential, a breach of a third party’s rights or unsolicited/unauthorised advertising or promotional material (spam);
   
   
3. protecting any rights that exist in any content you contribute to element14, as set out in section 4 above;
   
   
4. ensuring that you do not do anything or load onto element14 any content that is technically harmful to or may circumvent, interfere with or jeopardise the security of element14;
   
   
5. keeping back-up copies of any content that you contribute to element14 that you may require;
   
   
6. abiding by any restrictions, limitations and intellectual property rights asserted over content contributed to element14 by other users, including content contributed by us.

Our rights

We have the right to:

1. modify or discontinue, temporarily or permanently, element14 or any service provided on element14;
   
   
2. where we think it is appropriate, monitor, review, filter, refuse or remove any content, but we have no responsibility for and are under no obligation to monitor, oversee or moderate any content or services on element14 and we do not pre-screen any content;
   
   
3. update, correct, amend or remove any content contributed to element14 (whoever contributed it) although we do not undertake to do so or have any responsibility for doing so;
   
   
4. take any action as we deem appropriate in the event of a failure to comply with these Terms or otherwise, including account withdrawal, content removal and legal action;
   
   
5. close down or archive accounts or projects that have been inactive for an extended period of time;
   
   
6. block any user’s access to element14 for any reason;
   
   
7. change the location of the server on which element14 is hosted from time to time;
   
   
8. assign the benefit, subject to the burden, of the these Terms without consent and without notice to any company in the Premier Farnell group of companies or to a 3rd party in the event of a sale, merger or transfer of all or any part of our business.

Exclusions

We do not have any liability for:

1. the content or services we provide or make available on element14, all of which are made available with a view to providing an open forum for discussion, learning, sharing and social networking and no representations or warranties of any kind are made in respect of such content or services;
   
   
2. any 3rd party materials, services or sites to which you are referred or linked on element14, including liability arising out of allegations that they infringe the rights of any third party or the laws of any country;
   
   
3. any content or information generated or contributed by you or any other 3rd party (including anything you contribute that is technically harmful, e.g. contains viruses, logic bombs, Trojan horses, harmful components, corrupted data or other malicious software or harmful date) or for the actions or omissions of any such element14 user or contributor;
   
   
4. element14 or any part of it being suspended or unavailable temporarily or permanently (with or without notice);
   
   
5. the deletion, corruption of or failure to store any content or information contributed to or transmitted via element14;
   
   
6. any claims or loss of any nature arising from the use of or reliance upon any material, products or services contained on or available through element14 (but we do not seek to exclude or limit our liability for any matter which it would be illegal for us to limit or exclude liability, such as death or personal injury caused by our negligence or fraud);
   
   
7. anything that is stated as being your responsibility in sections 4 and 5 above.

General

These Terms and all use of element14 are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction in the event of any dispute.

Any provision of these Terms that is found by a competent court or authority to be invalid will be deemed to be removed and the remaining provisions of the Terms will continue in full force and effect. Any failure by us to enforce any right or provision in these Terms does not constitute a waiver of our rights or of the applicable provision.

Premier Farnell Ltd (also referred to ‘Farnell’, ‘we’, ‘us’ or ‘our’ in this Statement) is a member of a world-wide group of companies of which AVNET Inc. (based in the USA) is the parent company. Protecting the security and privacy of your personal data is important to us. On this website Premier Farnell Ltd, registered in England and Wales (no 00876412), registered office: Farnell House, Forge Lane, Leeds LS12 2NE, in its role of data controller is collecting and storing personal data.

This privacy statement shall apply in addition to our Data Protection Policy and all our Terms and Conditions. To ensure fair and transparent processing of your personal data and compliance with applicable laws on data protection, we provide you with the following information:

What personal data is collected and/or processed by Farnell?

Depending on your interaction with us, the following registration details shall be collected and processed:

User´s Name

Company

Department

Salutation, if applicable title

Name and surname

Tel. no., Fax no.

E-Mail address

Address

IP address

How do we use your personal data?

Farnell uses the personal data we have about you for the following purposes:

• Logging of access to our websites (IP address) for statistical purposes, optimise, improve and further develop our website, for instance by analysing user behaviour with respect to dates and times and the data volume called up on our website.
• Communication about products, services and projects e.g. by responding to inquiries or requests.
• Planning, performing and managing the (contractual) relationship e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services.
• Advertising similar or identical products and/or services to the products or services already purchased unless you have objected and sending out newsletters.
• Administrating and performing customer surveys, marketing campaigns, market analysis, contests, or other promotional activities or events.
• Maintaining and protecting the security of our products, services and websites, preventing and detecting errors through the log files, security threats, fraud or other criminal or malicious activities.
• Ensuring compliance with legal obligations (such as record keeping obligations), compliance screening obligations, and Farnell’s policies or industry standards; and
• Solving disputes, enforce our contractual agreements and to establish, exercise or defend legal claims.

We are entitled to use and process your personal data for these purposes by virtue of the performance of a contractual relationship or the legitimate interest of Farnell or third party. If explicitly provided by you, consent can also be a legal basis for Farnell to process or use your personal data. This consent can be withdrawn at any time with effect for the future.

If the legal ground for processing your personal data is no longer available, Farnell may only further process your personal data where there is another legal ground for the processing.

If the legal ground for processing your personal data is no longer available, Farnell may only further process your personal data where there is another legal ground for the processing.

In addition, we employ cookies on our websites. You will find additional information on this subject in our Cookie Statement.

Does Farnell share your personal data with a third party or country?

Farnell may transfer your personal data to otherAvnet and Premier Farnell companies, but only if and to the extent, such transfer is strictly required for the purposes mentioned above. The other Avnet companies act only upon our instructions and are contractually bound to act in compliance with applicable data protection law and to provide appropriate technical and organisational security measures.

If legally permitted to do so, Farnell may transfer personal data to courts, law enforcement authorities, regulators or attorneys if necessary to comply with the law or for the establishment, exercise or defence of legal claims

In connection with the operation of our websites and the services provided through our websites, Farnell works with service providers (so-called data processors), such as hosting or IT maintenance, which only act upon instructions of Farnell and are contractually bound to act in compliance with applicable data protection law and to provide appropriate technical and organisational security measures.

Recipients of personal data may possibly be located in countries outside of the European Union /European Economic Area (“third countries”), in which applicable laws do not offer the same level of data protection as the laws of your home country.

In such cases and unless permitted otherwise by applicable law, Farnell is committed to take measures in order to ensure the recipients in the third country provides an adequate level of protection.

Farnell transfers and shares personal data with recipients in third countries if they have entered into EU Standard Contractual Clauses with us or – in case of US recipients – if the recipient is certified under the Privacy Shield.

Where you have been asked to sign up for the element14 Community Site, with your consent your information will be passed to our UK based group company Premier Farnell Ltd as operators of that site and such data will be passed to them and they will operate as data controllers for use of your information on that site in accordance with their privacy policy.

How long will Farnell store your personal data?

Unless explicitly indicated otherwise at the time of the collection of the personal data, we erase your personal data if the retention of the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and to the extent the processing of personal data is no longer necessary for compliance with a legal obligation under applicable law (e.g. tax or commercial law).

Right of access to and rectification or erasure of personal data, restriction of processing, right to object to processing and right to data portability

Applicable data protection law provides you with the right to:

An application form to easily request for access is available here.

Security

Farnell takes reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into due account the risks involved in the Processing and the nature of the Personal Information. An example is the use of SSL technology (encryption, authentication, message integrity).

We would recommend that you log out of your account fully and take steps to delete any browsing history and cookies that may be stored to prevent that information being used by an unauthorised user.

Links to Other Websites

If any link is offered connecting to a third party website, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this site are not necessarily under our control and we shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. We do not necessarily endorse companies (or related products or services) to or from which this site is linked. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. We hereby disclaim any rights to trademarks, service marks, tradenames, logos, copyrights, patents, domain names or other intellectual property interests of third parties.

From time to time, we may offer you the opportunity to transact using PayPal. Any such transactions will be subject to PayPal’s privacy policy which you can view at www.paypal.com under the ‘Privacy’ link at the foot of their webpage.

Data Privacy Contact

Farnell’s Data Protection Team provides support with any data privacy related questions, comments, concerns or complaints or in case a data subject wishes to exercise any of its data privacy related rights as mentioned above. Farnell’s Data Protection Team may be contacted at: DPOCOM@element14.com.

The Data Protection Officer of Farnell for Germany (Farnell GmbH) is Stefan Schindler, Stefan.Schindler@csr-legal.de.

Farnell’s Data Protection Team will use its best efforts to handle any requests or complaints brought to its attention. The data subject has got the right to approach the competent data protection authority with requests or complaints. A list of national data protection authorities is available here.

When browsing and using our website, Farnell collects, stores and/or processes personal data. To ensure fair and transparent processing of your personal data and compliance with applicable laws on data protection, please read our Data Protection Policy on your personal data. You can see what cookies we serve and how to set your own preferences in our Cookie Statement.