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'Session' and 'Persistent' Cookies
'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.
'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.
Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.
Third Party Cookies we use include:
[List out third party cookies, for example: Google Analytics, this is a web analytics service provided by Google, Inc. The cookies used by Google Analytics help us to analyse how users use the site and to count the number of people who use the site. Google Analytics stores your IP address anonymously and neither [Insert company name] or Google associate your IP address with any personally identifiable information. This information will be held for [session/months/years].]
Cookies set by Company:
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10 Steps every Start Up must take to avoid Legal 'Bear Traps'
Make sure you keep your key ideas and information confidential
If you are raising money or talking to future trade partners don't be afraid to ask for a signed confidentiality agreement to prevent disclosure of your valuable and private ideas, finances and data.
Cover arrangements with your investors or partners with proper paperwork
If you are going to take in investment or a loan from an angel then make sure that terms you are happy with are agreed and signed off in relation to ownership, commitment of funding and controls. If you are creating a business with a fellow founder or shareholder make sure you have a signed shareholders agreement that covers the equity percentages, dilution, operation and control of the company. Everyone may get along swimmingly at the beginning but unfortunately that can all go wrong later. It's much easier to clarify things at the beginning than in the middle of a dispute.
Cover arrangements with people who work with or for you
If you are working with contractors put in place consultancy agreements. If you are working with employees put in place employment agreements. This regulates arrangements between you clearly and can also make sure you cover off any legal requirements. Put some simple paperwork in place with Non Execs too so that each of you knows what is expected from the other.
Cover arrangements with trading partners with contractual paperwork
Whether you are working with distributors, licensors, agents, introducers, joint venture partners or suppliers, make sure you have written agreements in place which allocate risks, responsibilities and rewards between you clearly. Handshakes won’t take care of these details and failure to do so can put at risk revenues, margins and profits.
Protect your intellectual property
If you have copyrights make sure that you document what you own (whether it is content, written works or software). Make sure that co-contributors have signed off agreeing that you own it, so there is not an argument later. If you have trademarks or designs that are protectable see if you can register them. This doesn't have to be too expensive either in the UK or the EU. Patents are more expensive to obtain and administer but can add exponential value to your company. An initial meeting to check whether your technology may be patentable doesn't have to be expensive.
Cover arrangements for software development and maintenance with full paperwork
If you are commissioning apps or software then ensure that the paperwork is covered off with the developer do that it is clear who owns what, how much you have to pay, and how changes are to be dealt with. If you are using a third party to maintain your website or your software it's worth putting in place paperwork to cover off cost, expenses, responsibilities and timelines.
Make sure that you comply with laws and regulations which apply to your dealings with consumers
Comply with company law in the way that you run the company
Whether its share transactions, stock transfers, updating the Company's books, filing records at Companies House, complying with your Articles or complying with Director's duties. Getting these things wrong can incur financial penalties, reduce valuations and is costly to sort out.
Make sure you stay onside with the taxman
You will have responsibilities in relation to VAT, making tax returns, operating PAYE or National Insurance. As the recession has depressed tax receipts the Taxman is increasingly aggressive and unforgiving if you get it wrong. Avoid needless penalties and wasted time - find a good accountant who can help you with your tax. They can also help you with structuring and operating your company in ways that mean that you can legitimately reduce tax bills.
Manage disputes maturely
Everyone has disagreements sometimes. You may have right on your side and you may feel very passionately that you have been treated unfairly. However litigation is expensive and time consuming as well as burning bridges. It is also very risky, however right you may feel you are. Skilful negotiation can unlock even the thorniest disputes, and Mediation is successful around 80 percent of the time. These routes are less costly, quicker and can leave the original relationship intact.
Click here if you want LawBite to help you with any of these issues - including legal advice, document selection, negotiation help, mediation, or accountancy help from our trusted suppliers.
Rachel McKinney is a barrister with approximately 17 years’ experience accumulated in both private practice and inhouse. She has advised businesses ranging from small business owners to large multinationals across a number of sectors, financial services, pensions and the construction industry. She provides clear, succinct and commercially focused advice on the legal risk a client may face and how to mitigate against any such risk.
She advises upon a broad range of commercial issues including compliance with General Data Protection Regulation (GDPR), dispute resolution and the proactive management of litigation and drafting and negotiating a full range of commercial agreements.
As an experienced litigator, Rachel utilises her skills to identify legal issues quickly and to provide clear and pragmatic commercial solutions from the outset that clients might avoid incurring unnecessary costs. Working with SMEs clients it is vital to provide cost effective, pragmatic and commercially focused advice. She has successfully maximised profits and minimised financial exposure for SME clients.
In her own words… “I find working with SMEs truly rewarding. As a lawyer I can make a real difference to the business in the delivery of cost effective and commercially focused advice. I really enjoy working with business owners and becoming immersed in their business to understand their future aims and objectives. It gives me an opportunity to assist in the development of the business by providing commercial solutions to minimise legal risk. It is the best part of being a lawyer.“
Step By Step Guide
Let’s walk you through how to go about drafting the cookies policy for website, something you need if you own your own website and use any cookies on that site.
Follow these simple steps to ensure that you comply with your legal obligations…
1. Explain what cookies are.
As explained in 2 above, the policy is drafted on the basis that you do not use behavioural targeting cookies, but only session cookies and persistent cookies. If you use behavioural targeting cookies, the policy will need to be amended to explain what these are.
When To Use this document:
*Updated for GDPR*