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1.    We thank you for visiting www.oic.gov.jm (“this Site"). This Site is the official website of the Office of the Information Commissioner ("OIC") in Jamaica. Your access and use of this Site constitutes your acceptance and agreement to be bound by these terms and conditions of use (“Terms of Use”). If you do not consent to be bound by these Terms of Use, please discontinue your access and do not use this Site.

2.    The OIC is committed to advancing data privacy and protection in Jamaica, protecting your personal data and sensitive personal data, and upholding the data privacy rights enumerated in Jamaica’s Data Protection Act, 2020 (DPA). This Terms of Use and Privacy Statement explains how we collect, use, disclose, and protect your data when you interact with us. We encourage you to read this statement carefully to understand how we handle your information. The OIC is further committed to protecting data from unauthorized access, disclosure, alteration and/or destruction. To this end, the OIC implements and maintains standard security measures to ensure data confidentiality and integrity.

3.    The OIC may collect personally identifiable information of the users of the website (such as name, contact details, government-issued identification numbers) and data in relation to emails, IP addresses, browser types, and webpage views, in furtherance of statutory and regulatory obligations of the OIC such as processing complaints, investigating breaches, conducting Data Protection Impact Assessments (DPIAs), communicating with users regarding their inquiries, complaints, or appeals, and/or to provide updates on our services. Data will be processed in full compliance with legal and regulatory requirements as prescribed by Jamaican and international data privacy and protection laws and standards.

4.    As a data subject, you have rights under Jamaican data protection laws, including the right to access, correct, and delete your personal data. You can exercise these rights by contacting us at Click here to show mail address.

5.    In case of any violation of these Terms of Use, the OIC reserves the right to seek all remedies available under the law and in equity for such violations. These Terms of Use apply in respect of any and all visits to this Site, both now and in the future. No provision in these Terms of Use will be waived and no failure to comply consented to unless expressly agreed to by the OIC.

6.    The OIC may, at its sole and absolute discretion, amend these Terms of Use without prior notice. The updated Terms of Use will be posted on this Site and an alert by way of notice of the posting of the updated Terms of Use will appear on this Site. Your access and use of this Site after the amended Terms of Use have been posted will constitute your acceptance and agreement to be bound by the amended Terms of Use. For the avoidance of doubt, references to these "Terms of Use" shall include such Terms of Use as amended from time to time by the OIC and posted on this Site.

Proprietary Rights

7.    All materials contained in this Site (“the Contents"), including without limitation text, images, music, computer programmes, rulings and all other kinds of works, are protected by applicable copyright, trademark and/or other intellectual property laws. All titles, rights and/or interests in the Contents are owned by, licensed to, or controlled by the OIC.

Restrictions on Use

8.    You may only access and use this Site and the Contents in the manner permitted in these Terms of Use.

9.    You may use, hyperlink, copy and distribute the Contents found on this Site for personal, internal, non-commercial, informational, educational, compliance and/or training purposes only. You may download copies of the Contents onto a computer for such purposes provided that you keep intact all accompanying copyright and other proprietary notices. Except where permitted, you may not display, distribute or otherwise use any of the Contents found on this Site for monetary compensation unless you have obtained specific prior written permission from the OIC.

10.    If you distribute or otherwise share the Contents, you must:

a.    retain the following, to the extent they are supplied by the OIC with the Contents:

i.    identification of the creator(s) of the Contents and any others designated to receive attribution;
ii.    a copyright notice; and
iii.    a notice that refers to these Terms of Use; and

b.    indicate that such use of the Contents by you is licensed under these Terms of Use, and include the text of, or the hyperlink to, these Terms of Use.

11.    To the extent that these Terms of Use permit you to copy the Contents or part thereof, you shall remain solely responsible for ensuring that such copies, including materials developed based on the Contents, are fit for purpose. The OIC reserves the right to revise, update or otherwise modify the Contents from time to time. You shall remain solely responsible for ensuring that you are aware of any changes to the Contents and that such copies, including materials developed based on the Contents, are updated where appropriate.

12.    Nothing in these Terms of Use constitutes or may be construed as permission to assert or imply that you are, or your use of the Contents is, connected with, sponsored or endorsed by the OIC. You shall not claim or represent that any materials created by you and/or third parties are developed or published on behalf of, in collaboration with, or in partnership with the OIC.

13.    Unless expressly permitted by these Terms of Use, you may not reproduce, publish, upload, display, transmit or otherwise distribute this Site or any of the Contents in any manner or form, without the prior written permission of the OIC and (where relevant) OIC’s third party providers. You acknowledge that any use of this Site or the Contents otherwise than in accordance with these Terms of Use will constitute a violation of the relevant intellectual property rights subsisting therein.

14.    Modification of any of the Contents or use of the Contents for any other purpose will be a violation of OIC’s copyright and other intellectual property rights. Graphics and images on this Site are protected by copyright and may not be reproduced or appropriated in any manner without the prior written permission of their respective copyright owners.

15.    The design and layout of this Site is protected by intellectual property and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or search engine from this Site may be copied or transmitted unless with the prior express permission of the OIC.

16.    These Terms of Use grant only permissions under copyright. Patent and trademark rights, to the extent applicable, are not licensed under these Terms of Use. Specifically, you shall not use any trademark, acronym, words, representation, symbol or logo that is identified with or belongs to the OIC.

17.    The rights and permissions granted to you in these Terms of Use shall terminate automatically if you fail to comply with any part of these Terms of Use. Where such rights and permissions have so terminated, they reinstate only upon express reinstatement by the OIC. For the avoidance of doubt, this paragraph 9B is without prejudice to any right the OIC may have to seek remedies for breaches of these Terms of Use.

Disclaimer of Warranties and Liability

18.    The Contents of this Site are provided on an "as-is" basis. While the OIC has made every reasonable effort to ensure that the Contents on this Site have been obtained from reliable sources, the OIC does not make any representations or warranties whatsoever, and to the fullest extent permitted by law, the OIC hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, howsoever arising and whether arising from usage or custom or trade or by operation of law or otherwise, including without limitation to:

a.    any representations or warranties as to the accuracy, completeness, correctness, currency, reliability, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this Site; and

b.    any representations or warranties that the Contents and functions available on this Site shall be error-free or shall be available without delay or interruption, or that any defect on this Site shall be rectified or corrected, or that this Site, the Contents and the hosting servers are and will be free of all viruses, other malicious, destructive or corrupting code, programme or macro, and/or any other harmful elements.

19.    The OIC shall not be responsible or liable to you or any third party for any errors or omissions, or for the results obtained or consequences arising from the use of any of the Contents, any damage or loss whatsoever and howsoever caused, including without limitation, any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, server or any other kind of property, howsoever arising directly or indirectly from:

(a) your access to or use of this Site;
(b) any loss of access to or use of this Site, howsoever caused;
(c) any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents; 
(d) any delay or interruption in the transmission of the Contents on this Site, whether caused by delay or interruption in transmission over the Internet or otherwise; or
(e) any decision made or action taken by you or any third party in reliance upon the Contents, regardless of whether OIC has been advised of the possibility of such damage or loss.

Indemnity

20.    You hereby agree to indemnify the OIC and hold the OIC harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by OIC however arising directly or indirectly from:

(a) your access to or use of this Site;
(b) your use of the Contents and any materials developed based on the Contents; and/or
(c) your breach of any of these Terms of Use.

No Representations

21.    Without prejudice to the generality of the disclaimers set out above, you agree that the Contents of this Site, including but not limited to any information relating to –

(a)         the OIC’s statutory duties, functions and powers; and

(b)     the OIC’s regulatory policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments, shall not be construed as constituting any promise or representation by OIC to you or any third party that OIC will or will not adopt any particular course of action, or confer any particular benefit upon you or any third party. The Contents of this Site shall not preclude, limit or constrain the OIC’s exercise of its rights, powers and discretion in any way nor compel, require or oblige the OIC to exercise its rights, powers and discretion in any particular manner or to achieve any particular outcome.

22.    You further agree that you shall not rely on any Contents of this Site to claim or assert any form of legitimate expectation against the OIC, whether procedural or substantive in nature, in respect of any action that the OIC may or may not take in the exercise of its discretion as a public authority.

23.    The OIC reserves the right to change, modify, add to, derogate from or vary its position in respect of any regulatory policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments referred to on this Site at any time in the OIC’s sole and absolute discretion without prior notice to you.

24.    You shall obtain your own professional and/or legal advice and conduct all necessary due diligence, including but not limited to making such other investigations or seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning the Contents of this Site.

Availability and Right of Access

25.    The OIC reserves the right to update or modify this Site from time to time. The OIC may suspend the operation of this Site for any period of time without any prior notice.

26.    The OIC further reserves the right to deny or restrict access to this Site by any person, or to block access from a particular internet address to this Site, at any time, without prior notice and without ascribing any reasons whatsoever.

27.    This Site and the Contents may be modified, deleted, edited or withdrawn by the OIC at its sole and absolute discretion and at any time without prior notice. The OIC reserves the right to update or modify this website from time to time. The OIC further reserves all rights to deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without ascribing any reasons whatsoever.

28.    You agree that you will not:
(a) use any robot, spider, other automatic device, or manual process to monitor or copy any pages within this Site or the Contents without the OIC's prior written permission;

(b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site; and

(c) take any action that imposes an unreasonable or disproportionately large load on the OIC's hosting servers.

Hyperlinks from This Site to Third Party Websites

29.    This Site contains hyperlinks to third party websites which are not maintained or operated by the OIC. The OIC is not responsible for the contents of such other websites and does not endorse the opinions or views expressed in them. The OIC has no control over and cannot guarantee the accessibility or proper functioning of those websites. The OIC shall not be liable for any damage or loss whatsoever arising from your access to such other websites. Use of such hyperlinks and access to those websites are entirely at your own risk.

30.    Hyperlinks to third party websites are provided for your convenience and may be removed or replaced by the OIC at its sole discretion. The inclusion of any hyperlink does not imply endorsement by the OIC of such websites. Under no circumstances shall the OIC be regarded as associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on such other websites to which this Site is hyperlinked.

Hyperlinks to This Website from Third Party Websites

31.    Except where expressly permitted in these Terms of Use, you may not frame this Site or any part thereof, cache or create hyperlinks to any part of this Site or any of the Contents, without the prior written permission of the OIC and (where relevant) the OIC's third party providers.

32.    The OIC reserves the right to remove or disable any unauthorised hyperlinks to or any unauthorised frames of this Site or the Contents, appearing on any other website.

33.    You may hyperlink to the Home Page of this Site, upon prior notification to the OIC in writing. You must make a specific request for, and secure permission from the OIC prior to hyperlinking to, or framing, this Site or any of the Contents, or engaging in similar activities. The OIC reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Site or any of the Contents.

34.    By framing or creating hyperlinks to this Site or any of the Contents, you agree to be bound by these Terms of Use. If you do not agree to be bound by, these Terms of Use, you must immediately remove all frames of, and hyperlinks to, this Site and the Contents. This is deemed to be the case even after the posting of any changes or modifications to these Terms of Use. If you do not accept such revised Terms of Use, you must discontinue linking to, or framing of this Site or any of the Contents.

35.    Under no circumstances shall the OIC be considered to be associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on websites which hyperlink to this Site or any of the Contents.

36.    The OIC reserves the right to remove or disable any hyperlinks to, or any frames of any third party website, if such hyperlinks or frames are on websites containing any information, names, contents or other materials which, in the sole and absolute opinion of the OIC, is inappropriate, profane, defamatory, infringing, obscene, indecent or otherwise objectionable, or violates any written law or is otherwise unlawful, or is an infringement of any applicable intellectual property rights, proprietary, publicity or other rights.

Permission for Use

37.    Where permission is required by these Terms of Use for use of this Site or the Contents, you may apply for permission by writing to the OIC at:

The Masonic Building
2nd Floor
45 – 47 Barbados Avenue
Kingston 5, Jamaica

38.    The OIC may, at its sole and absolute discretion, grant or refuse permission to use this Site or the Contents, and impose such conditions for the use of this Site or the Contents as it deems fit.

Governing Law

39.    These Terms of Use shall be governed by and construed in accordance with the laws of Jamaica, and you agree to submit to the non-exclusive jurisdiction of the courts of Jamaica.