Terms, conditions, and privacy policy

Contents

• Terms and Conditions
• Privacy Policy

Terms and conditions

By accessing any cherry website you agree to be bound by the Terms set out below.  If you input data into or in any way view / use this site, you accept the following:

• cherry / cherryFind do not endorse, audit, recommend or in any way approve any advisers or companies.  You accept that cherry / cherryFind is in no way responsible or liable in respect of damages suffered as a result of advice or services provided by advisers or companies
• Companies with data present on this site are fully and absolutely responsible for the completeness, correctness and compliance of the information and for any advice / information given.  Information shown on this site cannot be guaranteed to be correct and must be used as a guide only.  Users are advised to check all data with the companies concerned before relying on it.  We endeavour to keep information up to date but no decisions should be made based solely on data from this site.  No liability is accepted for losses made as a result of acting on or not acting on information taken from this site.
• You accept that no monitoring or vetting by cherry of companies listed is possible.  You must make the decision as to whether to deal with the company or not.  cherry NEVER recommends the products or services of other companies
• Any and all data input into cherry may be used for marketing / other purposes
• Some system entry and activity is monitored but no forum moderation is carried out as a matter of course
• cherry is not responsible for the material found on sites linked to this one and links to this site may only be made with cherry's written prior consent
• cherry owns the copyright to this website / system / product.  No material thereon must be reproduced, copied or transmitted in any way.  Any potential copying or imitation of any concept of cherryFind in terms of its content, what it aims to achieve for its target audience or target audiences mentioned in future plans will be met with appropriate legal action
• cherry and cherryFind are trading styles of cherry (UK) Ltd 
• You accept that there may be differentiated deals / communications and literature that are not covered and that Mortgage Best Buys is merely a guide which you may use as an aid to your further enquiries.  Information included is assumed to be in the public domain
• cherry reserves the right to alter the Terms / Conditions / Disclaimers / Copyright / Use of Data / Privacy Policy without notice
• Please note refunds are given at the discretion of the company management
• The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.  All Intellectual Property Rights in the Content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of cherry. You may not use or reproduce any cherry Intellectual Property, including any trademarks, registered or unregistered, (such as the name and logo or other trade names appearing on the Sites (including but not limited to www.cherryplc.co.uk and www.cherryfind.co.uk) for any reason without written permission from cherry
• The software, which operates the Sites, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software
• You may retrieve and display cherry content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the site all copyright and other notices must be kept intact
• Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of any cherry publication or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission from cherry. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of cherry
• Any use of cherry Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to info@cherryplc.co.uk and may be subject to a fee.
• Access to certain cherry Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance, in a currency specified by cherry. You are responsible for the payment of all charges associated with the use of the Sites using your Username, Password or ID.
• There may be from time to time opportunities to use the Sites to purchase products or services from third party suppliers. In that event, your contract for such products will be with the third party provider and not with cherry.
• cherry may, at its discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use cherry) with or without cause, and with or without delivering notice to you. The rights of termination are in addition to all other rights or remedies of cherry provided in these Terms or by law.
• cherry reserves the right, at its discretion, to suspend, change, modify, add or remove portions of cherry Content available on the Sites at any time and to restrict the use and accessibility of the Sites.
• Some parts of the Sites require registration. You are solely responsible for the confidentiality and use of and access to the cherry Content and Sites using your username, password or ID. You agree to immediately notify cherry if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. cherry reserves the right to monitor and record activity on the Sites,including access to cherry Content.
• cherry maintains a high level of privacy and security for your details. Whilst every effort has been made to ensure the high quality and accuracy of the Sites, cherry makes no warranty, express or implied concerning the Content of the Sites, which is provided "as is". cherry expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will cherry, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if cherry has been advised of the possibility that such damages may arise. cherry does not guarantee the accuracy or timeliness of the Content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties. In the event that cherry incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement. cherry, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of cherry Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
• cherry Sites may contain links and pointers to Internet sites maintained by third parties. cherry does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by cherry and/or its suppliers. You assume sole responsibility for use of third party links and pointers
• If at any time you, or your organisation, have a complaint or comment to make e.g. about the Content featured within the Sites they should contact info@cherryplc.co.uk.
• We reserve the right to remove advertisements at any time if we see fit
• Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. cherry is not responsible for any third party content or error, omission or inaccuracy in any advertising material or other content
• If any provision of this agreement is held to be invalid by a court of competent jurisdiction, cherry shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at cherry's discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in England and Wales.
• These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

Privacy Policy

Contents

• Summary
• Who do we collect data from?
• What data do we collect and process?
• How do we collect this data?
• Why do we collect this data?
• Lawful basis of processing
• Data Subject Rights
  • Right to be informed
  • Right of Access & Correction
  • Right to Erasure (Right to be Forgotten)
  • Right to restrict processing
  • Right to Object (Right to withhold Consent).
• Data sharing
• Advertising Against Unsolicited Messages
• How long do we keep data?
• International Transfers
• How do we protect Personal Data?
• Updates to this statement
• Feedback or Questions relating to this statement

Summary

This is the privacy statement for cherry and associated brands, detailed below. This statement details how cherry, its subsidiaries, branches or representative offices, websites, and services collect, use, secure, transfer and share your information.

cherry is a forum provider and also provides mortgage & financial adviser sourcing through its platforms, which includes but not limited to;

• cherry
• cherryplc.co.uk
• cherryFind.co.uk
• all other website owned by cherry (UK) Ltd

The company's address is

The Stables,
Little Coldharbour Farm,
Tong Lane,
Lamberhurst,
Tunbridge Wells,
Kent
TN3 8AD

Who do we collect data from?

As a company we mainly provide an online platform for forum users. In addition, we provide a searchable system for the public to locate a suitable mortgage/financial adviser.  As a result, we primarily collect and process data in relation to the following data subjects;

1. Users & Suppliers & Customers of cherry
2. Data belonging to Employees and prospective Employees/Applicants

What data do we collect and process?

The type and amount of data that is collected, is different in relation to these two types of “data subjects”.

How do we collect this data?

Why do we collect this data?

The reasons we collect information is different depending on the types of “data subject”

Lawful basis of processing

The lawful basis of processing is based on the “data subject” as detailed below:

Data Subject Rights

The following outlines the rights that you hold in respect of the processing of your data by cherry.

Some of the rights may not apply or have limitations based on the legal basis of processing that is taking place.

Right to be informed

All Data Subjects will be informed that cherry is processing their data and what legal basis that data is being processed under.

It is the Users sole responsibility to inform their customers of the data processing, reasons, and rights, as a result of that data being with cherry.

Right of Access & Correction

All Users have the right to access all of the data about them which is being processed by cherry. All data processed by cherry is held within the Users account on the system. As a result, all Users can correct any information held about them that is incorrect, using this facility.

Right to Erasure (Right to be Forgotten)

All Data Subjects have the right to be forgotten in relation to any data collected and processed as a result of the Consent basis of processing. If you would like to exercise this right, please contact us so that we can ensure your requirements are met.

Right to restrict processing

All Data Subjects have the right to restrict the processing of data held by cherry to limit the activities it can carry out in relation to the Consent Basis of processing.

If you would like to exercise this right, please contact us so that we can ensure your requirements are met.

Right to Object (Right to withhold Consent)

All Data Subjects have the Right to Object or withhold consent to the processing of their data under the Consent basis of processing as detailed in the “Lawful basis of processing” table above.

If you would like to exercise this right, please contact us so that we can ensure your requirements are met.

Data sharing

cherry (UK) Limited, will only share User data, and Employees/Applicants data with its partners in order to fulfil its obligations under the contract it has with them and to satisfy the Legal Obligation requirement.

cherry (UK) Limited will only share Users customer data with its partners in order to carry out the various checks and screens that are required under the Users Legal Obligation requirement and in accordance with fulfilling the contractual obligations.

cherry (UK) Limited may share data with prospective/future employers in respect of current and past Employees.

Nothing in this document will prevent cherry (UK) Limited from making any disclosure of data as required by law or by any competent authority.

cherry (UK) Limited does not share any data for any other reason other than what is stated above and / or in the Terms and Conditions.

In respect of data that is shared as above, cherry Limited contractually requires all service providers and/or recipients, to safeguard the privacy and security of personal information they process on our behalf and authorise them to use or disclose the information only as necessary to perform services on our behalf or comply with legal requirements.

cherry reserves the right to transfer your information in the event of a sale or transfer (wholly or partially) of our business or assets, with reasonable efforts on the acquirer to protect/use the information consistent with this statement.

Advertising Against Unsolicited Messages

We require that all emails promoting this website are sent to clients who have subscribed to receive such messages. If you feel that you have been sent unsolicited messages that promote our website, please email info@cherryplc.co.uk. The matter will be investigated and acted upon immediately.

When you send an email, your email message, along with your email address and response are saved for communication purposes only with you. This information is kept confidential, and we do not share, sell or trade your email information with third parties. If at any time, you wish to unsubscribe, please email info@cherryplc.co.uk.

How long do we keep data?

In respect of Users/Supplier data:

We only keep information for the amount of time necessary to fulfil the contractual obligation.

We will keep information for an extended period of time in relation to our Legal Obligation, but we will only keep the necessary information for this purpose.

In respect of Employee data:

We only keep information, for the amount of time necessary, to fulfil the contractual obligation.

We will keep information, for an extended period of time, in relation to our Legal Obligation, but we will only keep the necessary information for this purpose.

We will keep data, for an extended period of time, so that we can provide any necessary references required by the data subject.

This data will not be processed for any other reason beyond the term of employment.

International Transfers

cherry does not carry out transfers of data outside the EEA.

How do we protect Personal Data?

The security of personal data is extremely important to cherry, as a company we are committed to protecting the information we collect store and process. We maintain administrative, technical and physical safeguards designed to protect the data you provide, or we collect, against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.

We use TLS encryption in transit.

cherry stores data only for as long as it is necessary to fulfil the purpose for which the data is collected, unless otherwise required or authorised by applicable law.

cherry takes appropriate measures to destroy or permanently de-identify any data it is instructed to remove from the system as required by the User or legal authority.

Updates to this statement

From time to time this statement may be updated in light of regulatory changes or changes in the manner or way in which cherry operates in relation to its data. With this in mind we suggest you review this statement at regular intervals. If any changes are significant we will endeavour to notify you and ensure your ongoing consent and/or acceptance.

Feedback or Questions relating to this statement

For any enquiries relating to this statement cherry can be contacted in the following ways:

Address

Data Protection Officer
The Stables,
Little Coldharbour Farm,
Tong Lane,
Lamberhurst,
Tunbridge Wells,
Kent
TN3 8AD

Telephone: 0151 633 2424

Email: Info@cherryplc.co.uk