privacy-policy

Important Legal Notice

Kiel is committed to protecting and respecting your privacy. This Privacy Policy, together with our Terms of Use (https://kontogeorgos.com/legal/) and any other documents referred to in it, sets out the basis on which any Personal data which Kiel Limited (“Kiel”, “we”, “us”) collects about you, or that you provide to Kiel, will be processed by us.

For the purposes of applicable data protection and privacy laws, the data controller is Kiel Limited (company number 204122624) of Bulgaria, Blagoevgrad 2700, 2 James Baucher St…

This Policy explains what Personal data we collect, how we may use and manage it and the rights you have in relation to your Personal data. Before you provide us with any Personal data or browse our Websites, you should read through this Policy in full and make sure that you are comfortable with our privacy practices.

1. Whose Personal data do we collect?

Kiel collects Personal data from a range of individuals in the context of its business activities, including:

representatives of our suppliers, customers and other business contacts;
contractors;
users of our Websites;
individuals who contact us by any means; and
job applicants.

2. How we collect your Personal data

We obtain Personal data which you knowingly and voluntarily disclose to us, both online and offline, notably when you:

visit our Websites and / or complete one of our web forms;
visit our premises;
communicate with us via any means, including but not limited to telephone, email and through the use of social networking websites, third party apps or similar technologies.

We may also collect information from third party sources, e.g. relating to your use of other websites which we operate and from related third parties e.g. sub-contractors.

3. Information Kiel may collect from you

Kiel may collect a range of Personal data from you in a business context, including but not limited to your name, gender, job title, photographic identification, email address, home address and other contact details, details of your business and other interests, communications with you (including notes from meetings) and financial and payment information.

When you use our siteshttps://kontogeorgos.com/ (“Website(s)”), we collect certain standard information that is sent by your browser to the Websites, e.g. your IP address, browser type, operating system, language, time zone setting, access times and any referring website addresses.

We may collect and process information that you provide by filling in forms on the Websites, including without limitation information provided as part of a job application or other employment related enquiry.

If you contact us, we may keep a record of that correspondence.

Kiel may also ask you to complete surveys that we use for research purposes, although you are under no obligation to respond to them.

We may also record details of your visits to the Websites, including any resources that you access.

Kiel may record and retain certain telephone conversations where we are required to do so to comply with our regulatory obligations.

4. Where We Store Your Personal data

The data that we collect from you may be transferred to, and stored in, a country other than your own and that such country may provide a lower level of data protection requirements than your own country. By submitting your Personal data, you agree to this potential transfer to a country other than your own.

Whenever we transfer Personal data across borders, we will take legally required steps to ensure that adequate safeguards are in place to protect your personal data and to make sure that it is treated in accordance with this Privacy Policy.

If you are located in the EEA, Switzerland or the UK, you can request a copy of the safeguards which we have put in place to protect your Personal data and privacy rights in these circumstances, using the contact form available on our Website (https://kontogeorgos.com/contact-us-page-1/).

You acknowledge and understand that the transmission of information via the internet is not completely secure. Although we will take reasonable and appropriate steps to protect your personal data once we have received it, we cannot guarantee the security of your data transmitted to the Websites; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorised access.

5. Uses made of the information

We use Personal data held about you in the following ways:

To ensure that content from the Websites is presented in the most effective manner for you and for your computer, including carrying out analytics in relation to the use of the Websites.
To provide you with information that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To communicate with you and third party contacts.
To comply with our legal and regulatory obligations, which may include the disclosure of certain information and/or recordings of telephone conversations to regulatory authorities.
For other business-related purposes, including negotiating contracts, managing accounts and records, supporting corporate social responsibility activities, legal, regulatory and internal investigations and debt administration.

6. Recruitment

When you apply for a job via our Websites or otherwise, we will collect additional more specific Personal data about you, e.g. your qualifications, career history, third party references and interview notes. We may also ask you for other information, e.g. your interests and the types of jobs you are interested in. Any Personal data you provide to Kiel in relation to a job vacancy will be processed in accordance with our Recruitment Privacy Notice.

7. The legal basis for Kiel processing your Personal data

In accordance with the purposes for which we collect and use your Personal data, as set out above, the legal basis for Kiel processing your Personal data will typically be one of the following:

your consent;
the performance of a contract that we have in place with you or other individuals;
Kiel or our third parties’ legitimate business interests; or
compliance with our legal obligations.

8. Disclosure of your Information

Kiel may share your Personal data with people within the organisation who have a “need to know” that data for business or legal reasons, e.g. in order to carry out an administrative function such as processing an invoice, or to direct a query that you have submitted to the relevant department within Kiel.

Because Kiel operates globally, we may disclose your Personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006. These entities are required to maintain the confidentiality of your data and are restricted from using it for any purpose other than the purposes set out in this Privacy Policy.

We may disclose your Personal data to third parties including the authorities, Kiel’s advisors, suppliers of IT services and third parties engaged by Kiel for the purpose of providing services requested by you; to protect any intellectual property rights in any materials displayed on or otherwise available from Kiel’s Websites; for the purposes of seeking legal or other professional advice; to respond to a legal request or comply with a legal obligation; and to enforce Kiel’ s Website Terms of Use (https://kontogeorgos.com/legal/).

We may also disclose your Personal data to third parties:

In the event that we sell, merge or buy any business or assets, in which case we may disclose your Personal data to the prospective seller or buyer of such business or assets.
If Kiel or substantially all of its assets are acquired by a third party, in which case Personal data held by it about its customers will be transferred.
In the event that we are required to do so to comply with our regulatory obligations, to regulatory authorities.

We may decide to allow our Website users to share comments, postings, testimonials, or other information. If you choose to submit such information to us, the information that you submit may be available generally to the public. Information that you provide in these areas may be read, collected, and used by others who access them.

Finally, we may share non-personal data with other third parties that are not described above. When we do so we may aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device. Aggregation means that we combine the non-personal data of numerous people together so that the data does not relate to any one person. De-identify means that we attempt to remove or change certain pieces of information that might be used to link data to a particular person.

9. Records retention

Your Personal data is not kept for longer than is necessary for the purposes for which it is collected. This means that data and records are destroyed or erased from our systems when no longer required. The amount of time that records are kept for varies depending upon the type of Personal data they contain.

10. Your Rights – Marketing and Third Party Websites

You have the right to ask us not to process your Personal data for marketing purposes. Where required by law, we will inform you (before or at the time of collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise your right to ‘opt-out’ from receiving marketing communications at any time by contacting us at enquiries@kontogeorgos.com.

The Websites may, from time to time, contain links to and from the websites of our partner networks and affiliates, or of other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal data to these websites.

11. Your Rights – Access, Rectification and Deletion

Applicable data privacy laws give rights to individuals in respect of Personal data that organisations hold about them. If you wish to:

request a copy of the Personal data that we hold about you; or
request that we rectify, delete, or limit the processing of your personal data,

Please submit your request here and select “Personal data and privacy rights”.

12. Cookies and other tools

We may use information about your visits to the Websites by using a “cookie” or similar technologies for storing information, e.g. local shared objects and web beacons (“cookies”). A cookie is a small text file which is transferred to and stored on your computer, portable device or mobile. Cookies can be unique to your web browser and contain text and information e.g. unique identifier, site name, digits and numbers.

Cookies are used to differentiate one user from another, to pass information from page to page during their visit to the Websites and to collect data about a given browser, along with the information requested and sent by the browser’s operator. They enable us:

To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise the Websites according to your individual interests.
To recognise you when you return to the Websites.

By using the Websites, you are consenting to our use of cookies.

13. What cookies do we use?

This website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Cookies are small text files that can be used by websites to make a user’s experience more efficient.

The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy.

Please state your consent ID and date when you contact us regarding your consent.

Your consent applies to the following domains: www.https://kontogeorgos.com/

Your current state: Use necessary cookies only.

Change your consent

Cookie declaration last updated on 03/12/2020 by Cookiebot:

Necessary (10)

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

NAME	PROVIDER	PURPOSE	EXPIRY	TYPE
__RequestVerificationToken	www.https://kontogeorgos.com/	Helps prevent Cross-Site Request Forgery (CSRF) attacks.	Session	HTTP Cookie
ARRAffinity	www.https://kontogeorgos.com/	Used to distribute traffic to the website on several servers in order to optimise response times.	Session	HTTP Cookie
ARRAffinitySameSite	www.https://kontogeorgos.com/	Used to distribute traffic to the website on several servers in order to optimise response times.	Session	HTTP Cookie
ASP.NET_SessionId	www.https://kontogeorgos.com/	Preserves the visitor’s session state across page requests.	Session	HTTP Cookie
CookieConsent	Cookiebot	Stores the user’s cookie consent state for the current domain	1 year	HTTP Cookie
local_storage_support_test	Twitter	The cookie is used in context with the local-storage function in the browser. This function allows the website to load faster by pre-loading certain procedures.	Persistent	HTML Local Storage
rc::a	Google	This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.	Persistent	HTML Local Storage
rc::c	Google	This cookie is used to distinguish between humans and bots.	Session	HTML Local Storage
source	https://kontogeorgos.com/	Preserves the information of the origin of the request during the user’s browsing session for statistics.	1 year	HTML Local Storage
TS#	www.https://kontogeorgos.com/	These cookies are used to verify that existing cookies are not changed out of current site itself.	Session	HTTP Cookie

Preferences (1)

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

NAME	PROVIDER	PURPOSE	EXPIRY	TYPE
lang	Twitter	Remembers the user’s selected language version of a website	1 day	HTTP Cookie

Statistics (7)

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

NAME	PROVIDER	PURPOSE	EXPIRY	TYPE
_dc_gtm_UA-#	Google Tag Manager	Used by Google Tag Manager to control the loading of a Google Analytics script tag.	1 day	HTTP Cookie
_ga	Google Tag Manager	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	2 years	HTTP Cookie
_gat	Google Tag Manager	Used by Google Analytics to throttle request rate	1 day	HTTP Cookie
_gid	Google Tag Manager	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	1 day	HTTP Cookie
collect	Google	Used to send data to Google Analytics about the visitor’s device and behavior. Tracks the visitor across devices and marketing channels.	Session	Pixel Tracker
sourceExpireDate	https://kontogeorgos.com/	Validity time of the “source” cookie data.	Persistent	HTML Local Storage
vuid	Vimeo	Collects data on the user’s visits to the website, such as which pages have been read.	2 years	HTTP Cookie

Marketing (1)

Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

NAME	PROVIDER	PURPOSE	EXPIRY	TYPE
__widgetsettings	Twitter	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.	Persistent	HTML Local Storage

14. Changes to Our Privacy Policy

We reserve the right to modify or amend this Privacy Policy at any time. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. It is your responsibility to review this Privacy Policy every time you submit information to us.

15. Contact

Questions, comments and requests regarding this Privacy Policy and Kiel’s handling of your Personal data are welcomed and should be addressed to enquiries@kontogeorgos.com, as well as complaints and concerns in the first instance.

If you are not satisfied with the handling of your concern or complaint by Kiel, you can escalate this to your national Data Protection Authority.

Important legal notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS.

These Terms of Use are issued by Kiel Limited (company number 204122624) of Bulgaria, Blagoevgrad 2700, 2 James Baucher St…(“Kiel”), on behalf of itself and each of its group companies. “Kiel” and the Kiel logo are trade marks of Kiel Limited. Our VAT number is GB606168253. You may contact us regarding these Terms of Use by post or by email to enquiries@trafigura.com.

Introduction
1. You may access most areas of our site https://kontogeorgos.com (“Website”) without registering your details with us. Certain areas of the Website may only be available to you if you register.
2. Our ‘Kiel Insights’ https://kontogeorgos.com/ is a microsite, which forms part of our Website. Accordingly, all references in these Terms of Use to our Website shall be construed as references to both the Website and the Blog.
3. By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.
4. Our Privacy Policy (https://kontogeorgos.com//privacy-policy/) also applies to your use of the Website and you should read this in full before using the Website.
5. Kiel may revise these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website. You should take care to read such supplemental notices, as applicable.
License
1. You are permitted to print and download extracts from the Website for your own use on the following basis:
  1. no documents or related graphics on the Website are modified in any way;
  2. no graphics on the Website are used separately from the corresponding text; and
  3. Kiel’s copyright and trade mark notices and this permission notice appear in all copies.
2. In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Kiel or its licensors. For the purposes of these Terms of Use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
4. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Kiel’s prior written permission.
5. Any rights not expressly granted in these terms are reserved.
Service access
1. While Kiel endeavours to ensure that the Website is normally available 24 hours a day, Kiel does not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Kiel’s control.
3. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4. If you register to use specific parts of the Website, you will ensure that you keep your account details and password secure and will not allow your account to be used by anyone else.
5. We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
Visitor material and conduct
1. We process information about you in accordance with our Privacy Policy (https://kontogeorgos.com//privacy-policy/). By using the Website, you confirm that you have read and acknowledged and terms of our Privacy Policy and you warrant that all data, including personal data, provided by you is accurate and up to date.
2. Other than personal data, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Kiel shall have no obligations with respect to such material. Save with respect to Content submitted to the Blog (in which case clause 5.8 shall apply), Kiel and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes on a royalty free, worldwide basis.
3. You may only use the Website for lawful purposes. You may not use the Website:
  1. in any way that breaches any applicable local, national or international law or regulation, in any country in the world;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4. You are prohibited from posting, uploading or transmitting to or from the Website any material which constitutes a breach of clause 4.3 or a breach of the Content Rules (see clause 5 below).
5. You shall not reproduce, duplicate, copy or re-sell any part of the Website, except as set out in clause 2.
6. You may not misuse the Website (including, without limitation, by hacking) and in particular, you shall not:
  1. access without authority, interfere with, damage or disrupt:
7. any part of the Website;
8. any equipment or network on which the Website is stored; or
9. any software used in the provision of the Website; or
  1. introduce computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
10. Kiel shall fully co-operate with any law enforcement authorities or court order requesting or directing Kiel to disclose the identity or locate anyone posting any material in breach of clause 4.3 or clause 4.4, or otherwise breaching this clause 4.
11. Breaches of the Terms of Use may result in the immediate permanent or temporary withdrawal of your right to use the Website, the immediate permanent or temporary removal of any material posted by you and/or legal proceedings being brought against you.
Blog Content Rules
1. When you contribute any content to the Blog, whether by posting a Blog entry or commenting on a blog entry (collectively “Content”), you shall comply with the content rules set out in clauses 5.4 to 5.6 (“Content Rules”).
2. The Content Rules must be complied with in spirit as well as to the letter. They apply to each part of any Content as well as to its whole.
3. Kiel will determine, in its sole discretion, whether any Content breaches the Content Rules.
4. All Content must:
  1. be accurate (where it states facts);
  2. be genuine (where it states opinions); and
  3. comply with the law applicable in any country from which it is posted.
5. Content must not:
  1. be defamatory of any person;
  2. be obscene, indecent, offensive, hateful or inflammatory;
  3. bully, insult, intimidate or humiliate;
  4. be pornographic or promote sexually explicit material;
  5. include child sexual abuse material;
  6. be menacing or promote violence;
  7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  8. infringe any copyright, database right, trade mark or other intellectual property right of any other person anywhere in the world;
  9. be scandalous, inflammatory or blasphemous;
  10. incorporate any material that could be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  11. be likely to deceive any person or to otherwise be considered as misrepresentation;
  12. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  13. promote any illegal activity;
  14. be in contempt of court;
  15. be threatening, abusive, invade another’s privacy, breach confidence or cause annoyance, inconvenience or needless anxiety;
  16. be likely to harass, upset, embarrass, alarm or annoy any other person;
  17. impersonate any person, or misrepresent your identity or affiliation with any person;
  18. give the impression that the Content emanates from Kiel, if this is not the case;
  19. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse, or any act giving rise to civil liability;
  20. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  21. contain any advertising or promote any services or web links to other sites.
6. You are responsible for obtaining any necessary licences and approvals prior to submitting any Content to Kiel and you shall not submit any Content without such licences and approvals.
7. You warrant that any Content that you contribute to the Blog complies with the Content Rules. If you are a business user, you shall fully indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
8. Any Content you contribute to the Blog will be considered non-confidential and non-proprietary. You assign all intellectual property rights in the Content to Kiel. To the extent you do not own any of the intellectual property rights in such Content, you agree to procure, on behalf of Kiel and users of the Website, a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
9. Kiel has the right to disclose your identity to any third party who is claiming that any Content contributed by you to the Blog constitutes a violation of their intellectual property rights.
10. You are solely responsible for securing and backing up your Content.
Blog Content Review and Monitoring
1. Kiel will, at its option, review all new Content before it is posted to the Blog. The posting of any new Content to the Blog will be subject to Kiel’s prior approval, which it may withhold at its absolute discretion.
2. Kiel may, from time to time, review and monitor existing Content posted to the Blog, and reserves the right to take down any Content, which it considers to be in breach of the Content Rules or which it otherwise considers, at its sole discretion, to be inappropriate or unsuitable for the Blog.
3. Kiel is under no obligation to oversee, monitor or moderate any Content. The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. Kiel makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.
4. The views expressed in the Content posted on the Blog do not necessarily represent the views and values of Kiel. If you wish to complain about any Content, please contact us by email using the address set out at the top of these Terms of Use.
Links to and from other websites
1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Kiel has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Kiel therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
  1. you do not remove, distort or otherwise alter the size or appearance of the Kiel logo;
  2. you do not create a frame or any other browser or border environment around the Website;
  3. you do not in any way imply that Kiel is endorsing or recommending any products or services other than its own;
  4. you do not misrepresent your relationship with Kiel nor present any other false information about Kiel;
  5. you do not otherwise use any Kiel trade marks displayed on the Website without express written permission from Kiel; you do not link from a website that is not owned by you; and
  6. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3. Kiel expressly reserves the right to revoke the right granted in clause 7.2 for breach of these terms and to take any action it deems appropriate, including requiring the immediate de-linking of the Website.
4. If you are business user, you shall fully indemnify Kiel for any loss or damage suffered by Kiel or any of its group companies for breach of clause 7.2.
Disclaimer
1. While Kiel endeavours to ensure that the information on the Website is correct, Kiel does not warrant the accuracy or completeness of the material on the Website. Kiel may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Kiel makes no commitment to update such material.
2. In particular, but without prejudice to the generality of clause 8.1, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.
3. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
4. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
Liability

Whether you are a consumer or a business user:

Nothing in these Terms of Use shall exclude or limit the liability of Kiel or any other person for:
death or personal injury caused by negligence;
fraud;
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.

If you are a business user:

Subject to clause 9.1. Kiel, its group companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Kiel provides you with the Website on the basis that Kiel excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.

If you are a consumer user:

Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Kiel has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that Kiel has supplied damages a device or digital content belonging to you and this is caused by Kiel’s failure to use reasonable care and skill, Kiel will either repair the damage or pay you compensation.

10. Governing law and jurisdiction

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
If you are a business, the English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Website, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.