Terms of Engagement
OUR TERMS OF ENGAGEMENT
The Terms and Conditions of Service for publishing press information and material with MediaHQ.com services.
MediaHQ.com services are intended for companies and corporate bodies. MediaHQ.com will not enter into agreements with private individuals. (MediaHQ.com, for the purpose of this agreement, includes all subsidiaries and ancillary companies and businesses of MediaHQ.com).
These general conditions set forth the terms and conditions under which press information is administered and published at www.mediahq.com, in other media and/or other services that MediaHQ.com own, collaborate with and administer, and are applicable to all agreements entered into with MediaHQ.com.
If you have signed a subscription to MediaHQ.com, you have a 12-month contract and may not terminate the agreement before the end of this time period.
For the purpose of these general conditions “press information” shall include, but not be limited to:
- press releases and/or other equivalent information,
- company information that describes the company and its business,
- information regarding the company’s products and services,
- addresses and contact information concerning information officers, press contacts, experts etc.
- press pictures, illustrations etc.,
- the layout of the information above,
- blog entries, and
- moving pictures (video).
Liability for Press Information
The content of MediaHQ.com is created by the users of the website.
By contracting with MediaHQ.com you are bound by these general conditions.
You, the user, warrant and undertake unconditionally that press information you publish at MediaHQ.com shall not contain any item that is unlawful or otherwise unfit for publication or will in any way cause damage to MediaHQ.com; and further, that such press information shall not infringe the intellectual property rights of any third party or parties.
You further warrant that you own, or have the necessary rights to, any press information that you publish, including pictures, videos, and personal data. Your rights must include the right to publish, re-produce, modify or make such other use of the press information at and via MediaHQ.com services, and shall further include the right for MediaHQ.com to disclose and publish press information in accordance with these general conditions.
Where you publish press information that includes pictures, video, or personal data you must first obtain the appropriate prior consent from those individuals or bodies appearing on the pictures/video or any other parties whose consent may be necessary.
MediaHQ.com shall not be responsible for the content or layout of the press information or for any quality problems the publication or the dissemination of the press information may cause.
Administration of Press Information
MediaHQ.com reserves the right to systemise, summarise and publish all or part of any press information that you publish at or via MediaHQ.com services. The press information will become publicly available and accessible for journalists as well as others.
MediaHQ.com shall not be responsible for any premature or late publication of press information or any deletion, blocking or alteration of press information.
Right to delete information and suspend users
MediaHQ.com’s right to remove all or any part of your press information at any time and for any reason.
Without prejudice, any user/client who publishes inaccurate, distasteful or illegal content may, at the election of MediaHQ.com, have their account shut down. In the event of such action proving necessary MediaHQ.com shall re-open such account on terms that it reasonably determines fair.
MediaHQ.com reserves the right to suspend or terminate the user/clients access to the services provided by it at any time and for any reason which deems just and fit. Further, MediaHQ.com shall refer activity which it regards as criminal to the relevant police authorities.
MediaHQ.com may terminate any agreements if you: (1) become insolvent, bankrupt, or enter into any arrangement with creditors; (2) cancel your payments to MediaHQ.com; (3) have been suspended from the service; or (4) you are in material breach of these general conditions.
In the event of termination, MediaHQ.com shall have the right to delete all or part of your press information. No refunds are given by MediaHQ.com.
MediaHQ.com will not share your personal data. MediaHQ.com will only store your personal data while you are a registered user and will delete the personal data 24 months after termination of the agreement.
You have the right, to reasonably seek and to be supplied with, free of charge, all information regarding personal data concerning you that is retained by MediaHQ.com. Should you wish to receive such information you should submit a written and signed request to us. If your personal data is incorrect, you may demand that the information is corrected, blocked or deleted.
MediaHQ.com reserves the right to deny or charge for unreasonable data requests.
Revocation of your consent, at any time, in whole or in part can be made under this section by a request in writing. Under Data Protection legislation you have the right to erasure of data held, or the right to rectify incorrect information held on you.
Usage and log data
When you use or interact with the MediaHQ, we may use a variety of technologies that collect information about how MediaHQ is accessed and used. This information may include information about your interactions with MediaHQ.com, such as interactions with Newsfeed Content, Lists and the Contacts Database. (1) the details of the search queries you make and the date and time of your request; (2) technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the MediaHQ Service, unique device ID, device attributes, network connection type, network and device performance, browser type, language, information enabling digital rights management, operating system.
Why we do this
This helps us to deliver our services, personalise content and improve our user interface by using this information to understand how you use and interact with our services. We conduct surveys and research, test features in development, and analyse the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
Liability and Limitation of Liability
Use of this site or associated sites (MediaHQ.com) is at your own risk. You assume full responsibility and risk of loss resulting from your use of information and/or use of files, communications, content, or other material accessed through or obtained by means of this site.
Under no circumstances shall MediaHQ.com or related services of MediaHQ.com and its affiliates, be liable for any indirect, punitive, special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site, subscription services and related content, even if MediaHQ.com, the affiliates, or their providers of such information have been advised of the possibility of such damages.
The total liability of MediaHQ.com and the affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the subscription services. You hereby release MediaHQ.com, or related services of MediaHQ.com, and the affiliates from any and all obligations, liabilities and claims in excess of this limitation.
MediaHQ.com’s services are, like most Internet-based services, potentially vulnerable to various security risks. MediaHQ.com strives to reduce such risks but, when using the services, MediaHQ.com cannot guarantee that you will not be subject to:
- Exposure to offensive or inaccurate material, including contaminated files.
- Spamming, theft of passwords, harassment, forgery, electronic intrusion, manipulations, hacking and other unauthorised or premature disclosure of information and/or material that you published on and via MediaHQ.com.
And MediaHQ.com shall have no liability in respect of such events.
Changes of General Conditions
MediaHQ.com reserves the right to modify these general conditions, as well as the prices of MediaHQ.com’s services, in whole or in part, at any time. Changes in the general conditions shall be effective one month after notice of such change is posted at www.MediaHQ.com, sent to you via e-mail or given by any other agreed procedure.
As a customer, you undertake to pay the current price of the services, as changed from time to time.
All prices are exclusive of value added tax and other indirect taxes. These will be charged according to current taxes at the time of the invoice.
MediaHQ.com reserves the right to charge for invoicing. Outstanding unpaid balances shall incur late payment interest, chargeable at the court nominated rate of 8% per annum from the due date until the date of actual payment.
Preconditions for Agreements with MediaHQ.com
A precondition for agreements with MediaHQ.com is that you have been deemed to be credit-worthy. You agree that MediaHQ.com will be entitled to make enquiries about your credit record.
You must co-operate actively in assisting MediaHQ.com to obtain a credit reference so as to satisfy this condition. Failure to obtain a satisfactory credit reference within two weeks of application may result in MediaHQ.com refusing access or, where appropriate, terminating access.
MediaHQ.com shall communicate to its prospective clients the prices for services provided by MediaHQ.com by publishing the same on its website. An offer by the client to purchase services by confirmation of an order through the website of MediaHQ.com shall bind the client. On receipt of an order MediaHQ.com will issue an invoice for the appropriate fee, and the issue of such an invoice confirms the existence of the Contract between the parties and such Contract shall be governed by these conditions.
This Agreement shall be deemed to commence with effect from the date the Customer first uses MediaHQ.com services and shall continue, subject to these conditions, until the close of business on the first anniversary of the date of this agreement.
- MediaHQ.com, in exchange for a completed Order Form, shall provide the MediaHQ online media directory and press release distribution service and all and any other services provided by MediaHQ.com that are listed in the invoice.
1.1 In the event of any invoice issued by MediaHQ.com remaining unpaid for a period of 30 days after issue, MediaHQ.com may unilaterally decide to terminate this contract and cease supplying the services.
1.2 The customer acknowledges that they can only use Mediahq.com in accordance with the Terms of Service set out at www.MediaHQ.com and which they accept on logging into www.mediahq.com.
The customer acknowledges that they can only use the Mediahq.com services for themselves and their usage is governed by a single user license.
The customer acknowledges that MediaHQ.com will be monitoring the use of its service and will terminate the contract and suspend service if they allow the service to be used by more than the licensed number of users.
The customer acknowledges that they are not permitted to use their MediaHQ.com log in details for the benefit of another member of the communications or marketing staff at their organisation. This means the customer cannot issue press releases with another person’s contact details, or that they are not dealing with directly, or working on directly themselves.
The customer also acknowledges that any sharing of login details with non-authorised users, or using log-in details for the direct benefit of other members of the marketing, or communications teams, will breach the data protection policy and terms of service of MediaHQ.com and will immediately terminate the contract and suspend the service without refund.
1.3 The customer acknowledges that MediaHQ.com retains copyright over the information as presented and retains intellectual property in relation to the site design, which cannot be copied by the customer.
1.4 The customer accepts that once they purchase the product and service from MediaHQ.com the customer takes full responsibility for their use of the database.
The customer indemnifies MediaHQ.com from and against all claims howsoever arising as a result of the customer’s unlawful or negligent use of the database and information provided. The customer further indemnifies MediaHQ.com from and against all claims by the Data Protection Commissioner.
1.5 MediaHQ is an online service designed to send the standard form of communication to media outlets known as media or press releases.
1.6 The customer accepts that MediaHQ.com has the right to suspend indefinitely, without refund, any MediaHQ account, if it deems that either service has been used to send illegal, or inappropriate messages to the media, or messages that are deemed as spam, and not legitimate media or press releases.
1.7 The customer acknowledges that they have read the MediaHQ.com Privacy Statement and confirms their acceptance of the terms and conditions therein.
1.8 The customer agrees to enter into a Formal Contract for services with MediaHQ.com and to execute such a Formal Contract as soon as is practicable after being supplied with a contract for services by MediaHQ.com.
1.9 By registering an account with MediaHQ.com, you agree that your account and any information associated can be shared across all MediaHQ websites.
1.10 Course and Conference Cancellation Policy
Cancellations must be made 21 days prior the course, and an admin fee of €75 + VAT will be charged for all cancellations, to be deducted from any refund or invoice. No cancellations can be made within 20 days of the course, but a replacement delegate can be nominated. No delegate is permitted to attend without prior payment being made. Bookings are not confirmed until payment is received.
Governing Law and Disputes
These general conditions shall be governed and construed in accordance with the law.
- We at MediaHQ.com are committed to protecting the privacy of our users. We strive to provide a safe and secure user experience. The aim of this statement is to inform you of how we will use any personal data, which you provide through this website and does not apply to information we collect in any other fashion.
- We comply with data protection legislation. This regulates the processing of information relating to you and grants you various rights in respect of your personal data. Our sites contain links to other websites over which we have no control. We’re not responsible for the privacy policies or practices of other websites to which you choose to link from this site. We encourage you to review the privacy policies of those other websites so you can understand how they collect, use and share your information.
Collection of Information
- We collect information you supply when (a) you ask us or one of our affiliated companies agents or suppliers (“Affiliates”) to provide services; (b) you submit information on application or other forms to us or our Affiliates; (c) you otherwise submit information to us, our Affiliates or others;
- In some areas of our website, we request that you provide personal data, including your name, address, e-mail address, telephone number, credit card number, contact information, billing information and other information from which your identity is discernible. In other areas of our website, we collect or may collect demographic information that is not unique to you such as your age, and/or gender. Sometimes we collect or may collect a combination of the two types of information.
- We also gather or may gather certain personal information about your use of our site, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is, or may be, collected by us. This information may include your IP address, browser type, domain names, access times and referring website addresses, but is not linked to your personal information.
- We may sometimes afford you the opportunity to provide descriptive, cultural, behavioural, preferential and/or lifestyle information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use by us of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.
- com may obtain information about our customers from a variety of sources; Directly from customer applications, questionnaires and other materials submitted to us by customers; from clickstream activity on our websites (including the use of “cookies” and or “web beacons” as discussed below), or the use of third-party applications.
Accuracy of Information
You may request details of the information we hold and request us to correct or erase any erroneous or out of date information. We reserve the right to independently verify claims made to protect your privacy. We also take reasonable steps to verify your identity before making details or corrections where permitted by law.
Use of Your Information
- We use the information we gather on the website whether personal, demographic, collective or technical, for the purposes of administering and managing your registration, responding to any queries you may have, operating and improving the website, fostering a positive user experience and delivering the products and services that we offer.
- If you have so agreed, we may use your contact information in order to send you email or other communications regarding updates of the website, such as new opportunities and additional listings which may be of interest to you. In addition, at the time of registration, you have the option to elect to receive additional communications, information and promotions including, without limitation, free informational newsletters relating to topics that may be of special interest to you. You have the option to unsubscribe from any of these communications at any time.
- We have an area where you can contact us and submit feedback. We may use such feedback (such as success stories) for promotional purposes or to contact you for further information.
- We use internet technologies like cookies and web beacons for a variety of purposes, including, but not limited to, those identified below.
- To assist us in providing services to you;
- To allow you to change Web pages during your visit without having to re-enter your password;
- To determine whether you came to see our site from a banner ad or an Affiliate Web site; or
- To deliver information specific to your interests on additional Websites.
Disclosure of Information to Others
- We do not disclose to third parties your personal information, combined personal and demographic information or information about your use of the website (such as the areas you visit or the services you access), except as set forth below.
- We may disclose such information to companies and individuals we employ to perform functions on our behalf including data processors. The functions performed on our behalf include hosting our web servers, analysing data, providing marketing assistance, processing credit card payments and providing customer service. These companies and individuals will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party or use that data for any other purpose. We will retain control of and be responsible for any information shared in this way.
- We may disclose such information if legally required to do so, if requested to do so by a governmental entity or regulatory authority or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of or its affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public, (e) for Public Safety, (f) to prevent fraud, (g) in connection with other illegal activity.
- We may disclose and transfer such information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event that MediaHQ.com becomes the subject of an insolvency proceeding, whether voluntary or involuntary, its liquidator, administrator, receiver or administrative receiver may sell, licence or otherwise dispose of such information in a transaction approved by the court. You will be notified of sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the website.
- Web pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our web site usage.
Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides.
Because web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
Third parties are not permitted to use web beacons on sites.
Confidentiality and Security
- We endeavour to maintain physical, electrical and procedural safeguards that comply with applicable government regulations to guard your information. We also endeavour to restrict information access to our employees, agents and representatives that need to know it. Despite our efforts, and as you probably know, third parties may unlawfully intercept or access transmissions sent to us or may wrongly instruct you to disclose information to them while posing as MediaHQ.com and MediaHQ.com shall not be liable for such interception or access of disclosure.
We have implemented appropriate technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. Notwithstanding such measures, the Internet is an open system, and we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes; therefore the customer indemnifies MediaHQ.com against any claims that may arise in favour of the customer by reason of the unauthorised use of information supplied by the customer or by reason of unauthorised contact being made by third parties or for any other reason.
- Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. MediaHQ.com’s policy is to respect and protect the privacy of our Customers and will never wilfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer’s permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site’s capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
Throughout this website you may have an opportunity to send us information relating to you such as through the “Contact us” pages or any other area where you may send emails, request brochures, or respond to any promotions. By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by MediaHQ.com for:
- the purposes for which it was provided by you;
- verification purposes and statistical analysis;
- to provide you with details of products, services, contests, competitions or promotions being provided or run by MediaHQ.com or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.
- The customer hereby indemnifies MediaHQ.com from and against all claims howsoever arising as a result of the provision of false or misleading information by the customer.
By using MedHQ.com you accept that any contact that you upload is your own responsibility under GDPR. You indemnify MediaHQ.com.
This means, but is no limited to, you taking responsibility for:
- Having a clear and verifiable reason for contacting them.
- Not holding their contact details for an unduly long time.
- Being able to show how you transparently obtained their contact in an open and honest way.
- Ensuring they have willingly opted into your communication.
- Ensuring that you don’t continue to contact them once they have opted out of your contact.
- com reserves the right to modify this privacy statement. Updated privacy statements will be posted on this website when amendments occur. We urge you to review this privacy statement when you visit our website to obtain the most current statement. You may change your choices at any time.
- com’s website may be linked to or from third party websites MediaHQ.com is not responsible for the content or privacy practices employed by websites that are linked to or from our website.
Data Protection and GDPR Statement
MediaHQ.com is both a processor and a controller of data.
Data Processor: When customers use the MediaHQ database to send press releases by adding contacts to media lists then MediaHQ.com’s research team research and validate these contacts (name, email, organisation, mobile, phone number, job title). In
MediaHQ.com is also a Data Controller sourcing and updating personal data on journalists for use by our customers.
The purpose of Data Processing by MediaHQ.com is to provide customers with personal data on journalists so that targeted communications can be sent to them in line with the wishes of the data subjects—namely that they be sent targeted news relevant to their so that they can perform their area of expertise professional functions. The data processed from our customers is available for the exclusive use of our customers.
We comply with the following GDPR principles:
- Article 5(a): “processed lawfully, fairly and in a transparent manner in relation to individuals” MediaHQ.com will review all submissions made by customers to see if the contact is a current member of the media and to see what personal information is available about them online. We will also research publications and journalists independently of customer suggestions in order to expand our contact database. Only publicly verifiable information about the data subject will be used in MediaHQ.com database which is seen by all customers.
Note: our researchers always document the sources where information about the data subject was found online. This complies with article 9(2)(e) Conditions for special categories of data where–“Processing relates to personal data manifestly made public by the data subject” in order to establish consent and therefore the lawfulness of the processing. As the data collected is made publicly available by the data subject for the purpose of receiving news stories, and as the MediaHQ database is sold only to PR departments wanting to send news stories, MediaHQ.com complies with the conditions of lawfulness, fairness and transparency.
- Article 5(b) “collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.” MediaHQ.com’s database is built in order to provide our customers with an up to date database of journalists, and media outlets who are interested in receiving news and information from organisations.
- Article 5 (c) “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;” MediaHQ.com will only store information on data subjects which will assist and improve the above mentioned legitimate purpose. We do not store information (even if it is publicly available) which does not help with this purpose. We will (for example) provide information on the type of stories the data subject is interested in and the region in which they operate so that they will be able to receive targeted communications which are of interest to them.
- Article 5 (d) “accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, are erased or rectified without delay;” MediaHQ.com monitors the social media accounts, publications and more of data subjects within the MediaHQ.com database. Where changes are made, our research team will review their data to make sure that they have not moved publications, changed subject areas, or moved out of journalism all together. MediaHQ.com also monitors email bounce backs and customer feedback with all issues being dealt with within 3 working days. In this way we ensure that data is kept up to date and relevant.
- Article 5 (e) “kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed” Data subjects who no longer fit the criteria for inclusion in the MediaHQ Database, if they are no longer working in the media, are removed from the system. Once they are removed from the system an update will be posted to the Newsfeed to inform clients of this change.
- Article 5 (f) “processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.” This data is securely held and processed using methods outlined in related policy documents such as the Information Security Policy, with all the data residing in the EU region.
- Measures taken to protect data are documented in the MediaHQ.com Information Security Policy. MediaHQ.com make every effort to protect customer data from unlawful or unauthorised processing, accidental loss or damage.
- All MediaHQ.com staff have background checks to ensure their suitability to work with customer data and are only granted access when necessary to perform their tasks. All staff are made aware of their customer and data protection responsibilities and sign confidentiality agreements as part of their employment contracts. Regular training is provided to staff on the latest security issues and compliance requirements.
- All customer and journalist data is held securely in facilities which operate under ISO 9001 and ISO 27001 / 27018 standards. Regular audits and reviews are conducted to ensure the standards are maintained in all facilities utilised by MediaHQ.com.
- If MediaHQ.com become aware of data breaches of personal data, we will notify MediaHQ users without delay. Where applicable MediaHQ.com will maintain logs and audit trails to support the remedial action required during a breach.
- Article 5(2) requires that: “the controller shall be responsible for, and be able to demonstrate, compliance with the principles.” MediaHQ.com’s researchers comprehensively document where information on the data subject has been sourced. This proof can be requested by a customer or data subject at any time. In addition, MediaHQ.com have an appointed Data Protection Officer (DPO) to ensure ongoing compliance with GDPR. The role of the DPO is to inform and advise the controller or the processor and the employees who are processing personal data of their obligations pursuant to the regulations, to monitor compliance with the regulations and to provide any necessary staff training.