Terms & Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.happyinthemoment.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. [Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site] AND/OR [You will be required to read and accept these Terms and Conditions when signing up for an Account]. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

  1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”          means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;

“Blog”   means a blog hosted on Our Site, created by a User, containing Post(s) submitted by that User;

“Comment”       means a comment on a Blog or Post on Our Site made by a User;

“Content”          means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Post”   means a post created by a User in a Blog on Our Site;

“User”  means a user of Our Site; and

“We/Us/Our”    means Happy In The Moment

 

  1. Information About Us

Our Site, www.happyinthemoment.com, is [owned and] operated by Rachel Vanhinsbergh

  1. Access to Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

  1. Accounts

Certain parts of Our Site (including the ability to create Blogs and Posts) may require an Account in order to access them.

You may not create an Account if you are under 13 years of age. [If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.]

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

We [require] OR [recommend] that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.

You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs].

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

If you close your Account, any Blogs or Posts you have created on Our Site will be Any Comments you have made on other Users’ Blogs or Posts will [also be deleted] OR [be anonymised by removing your username and avatar.

  1. Intellectual Property Rights

With the exception of the content of Blogs and Posts (see Clause 6), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including the content of Blogs and Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.

Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Blogs, Posts and Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used).

For personal use (including research and private study) only, you may:

Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

Download Our Site (or any part of it) for caching;

Print [one copy of any] page[s] from Our Site;

Download, copy, clip, print, or otherwise save extracts from pages on Our Site;

Save pages from Our Site for later and/or offline viewing; and

View and use other Users’ Blogs, Posts and Comments in accordance with Clause 7.

You may not use any Content (including Blogs, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers].

You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

Subject to sub-Clause[s]3 [and 5.7] and Clause 7 (governing Blogs, Posts and Comments) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so. For further information, please contact us at [email protected]

Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

[Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]

  1. Blogs, Posts and Comments

An Account is required if you wish to create a Blog, submit Posts, and/or Comment on other Users’ Blogs and Posts. Please refer to Clause 4 for more information.

You agree that you will be solely responsible for your Blog(s) and Posts and for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Blog(s), Posts, or Comments comply with Our Acceptable Usage Policy, detailed below in Clause 8.

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

You (or your licensors, as appropriate) retain ownership of the content of your Blog(s), Posts and Comments, and all intellectual property rights subsisting therein. When you create a Blog, Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Blog, Post or Comment for the purposes of operating or promoting Our Site.

We may reject, reclassify, or remove any Blogs, Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blog, Post or Comment in question should be removed as a result.

 

  1. Intellectual Property Rights and Use of Other Users’ Blogs, Posts and Comments

The content of Blogs, Posts, and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comment in question. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may copy and share (reblog) [parts of] other Users’ [Posts] AND/OR [Comments] within Our Site, provided that the original User is credited. [Our system does this automatically]. [If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.]

[Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]

  1. Acceptable Usage Policy

You may only use Our Site (including, but not limited to, the creation of Blogs, Posts, and Comments) in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:

you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

When creating Blogs, Posts, or Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:

[is sexually explicit;]

is obscene, deliberately offensive, hateful or otherwise inflammatory;

promotes violence;

promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive;

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

remove any content submitted by you that violates this Acceptable Usage Policy;

issue you with a written warning;

take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

take further legal action against you as appropriate;

disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

any other actions that We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

  1. Links to Our Site

You may link to Our Site provided that:

you do so in a fair and legal manner;

you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

[You may link to any page of Our Site.]

You may not link to Our Site from any other site the content of which contains material that:

[is sexually explicit;]

is obscene, deliberately offensive, hateful, or otherwise inflammatory;

promotes violence;

promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive another person;

is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

[The content restrictions in sub-Clause 9.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 9.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]

  1. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  1. Advertising

We may feature advertising on Our Site and We reserve the right to display advertising on your Blog.

You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

We are not responsible for the content of any advertising on Our Site. [Google Adsense is responsible for the content of advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.]

  1. Disclaimers and Legal Rights

Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. [Professional or specialist advice should always be sought before taking any action relating to your mental health or advice given in my blog posts.]

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Blogs, Posts, or Comments submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

  1. Our Liability

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or contained in Blogs, Posts, or Comments created by Users) included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Blogs, Posts, or Comments created by Users) included on Our Site.

[Our Site is intended for non-commercial use only.] If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including any provided in Blogs, Posts, or Comments) from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  1. Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware [including, but not limited to, the scanning of all Content uploaded to Our Site by Users for viruses and malware].

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

  1. Privacy and Cookies

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy

  1. Communications from Us

If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed at the bottom of each newsletter.] If you opt out of receiving emails from Us at any time, it may take up to 1 business days for your new preferences to take effect.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected]

  1. Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  1. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page.

  1. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [England & Wales] [Northern Ireland] [Scotland].

 

GDPR Privacy Policy

I respect and value the privacy of everyone who visits this website, www.happyinthemoment.com (“My Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy [is deemed to occur upon your first use of my Site] AND/OR [You will be required to read and accept this Privacy Policy when signing up for an Account]. If you do not accept and agree with this Privacy Policy, you must stop using my Site immediately.

 

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

 

 

 

“Account”          means an account required to access and/or use certain areas and features of my Site;

“Cookie”            means a small text file placed on your computer or device by my Site when you visit certain parts of my Site and/or when you use certain features of my Site. Details of the Cookies used by my Site are set out in Part 14, below; and

[“Cookie Law”   means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;]

 

 

  1. Information About Me

My Site is [owned and] operated by Happy In The Moment

 

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of my Site. My Site may contain links to other websites. Please note that I have no control over how your data is collected, stored, or used by other websites and I advise you to check the privacy policies of any such websites before providing any data to them.

 

  1. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

 

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

 

  1. What Are My Rights?

Under the GDPR, you have the following rights, which I will always work to uphold:

 

The right to be informed about my collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact me to find out more or to ask any questions using the details in Part 15.

The right to access the personal data I hold about you. Part 13 will tell you how to do this.

The right to have your personal data rectified if any of your personal data held by me is inaccurate or incomplete. Please contact me using the details in Part 15 to find out more.

The right to be forgotten, i.e. the right to ask me to delete or otherwise dispose of any of your personal data that I have. Please contact me using the details in Part 15 to find out more.

The right to restrict (i.e. prevent) the processing of your personal data.

The right to object to me using your personal data for a particular purpose or purposes.

The right to data portability. This means that, if you have provided personal data to me directly, I am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask me for a copy of that personal data to re-use with another service or business in many cases.

Rights relating to automated decision-making and profiling. I do not use your personal data in this way.

For more information about my use of your personal data or exercising your rights as outlined above, please contact me using the details provided in Part 15.

 

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

 

If you have any cause for complaint about my use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

  1. What Data Do We Collect?

Depending upon your use of my Site, I may collect some or all of the following personal [and non-personal] data (please also see Part 14 on my use of Cookies and similar technologies]):

 

[Name;]

[Date of birth;]

[Gender;]

[Address;]

[Email address;]

[Telephone number;]

[Payment information;]

[IP address];

[A list of URLs starting with a referring site, your activity on my Site, and the site you exit to;]

  1. How Do You Use My Personal Data?

Under the GDPR, I must always have a lawful basis for using personal data. This may be because the data is necessary for my performance of a contract with you, because you have consented to my use of your personal data, or because it is in my legitimate business interests to use it. Your personal data [will] OR [may] be used for [one of] the following purposes:

 

[Providing and managing your Account;]

[Providing and managing your access to [my Site;]

[Personalising and tailoring your experience on my Site;]

[Supplying [our] OR [my] [products] AND/OR [services] to you. Your personal details are required in order for [us] OR [me] to enter into a contract with you.]

[Personalising and tailoring [our] OR [my] [products] AND/OR [services] for you.]

[Communicating with you. This may include responding to emails or calls from you.]

[Supplying you with information by [email] AND/OR [post] that you have opted-in to (you may unsubscribe or opt-out at any time using the unsubscribe button at the bottom of each newsletter/email).]

[Analysing your use of [Our] OR [My] Site [and gathering feedback] to enable [us] OR [me] to continually improve [Our] OR [My] Site and your user experience.]

[With your permission and/or where permitted by law, [we] OR [I] may also use your personal data for marketing purposes, which may include contacting you by [email] AND/OR [telephone] AND/OR [text message] AND/OR [post] with information, news, and offers on [our] OR [my] [products] AND/OR [services]. You will not be sent any unlawful marketing or spam. [We] OR [I] will always work to fully protect your rights and comply with [our] OR [my] obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.]

 

[[We] OR [I] use the following automated system[s] for carrying out certain kinds of [decision-making] AND/OR [profiling]. If at any point you wish to query any action that [we] OR [I] take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact [us] OR [me] to find out more using the details in Part 15.

 

  1. How Long Will You Keep My Personal Data?

[We] OR [I] will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept)

 

  1. How and Where Do You Store or Transfer My Personal Data?

[[We] OR [I] will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.]

 

OR

 

[[We] OR [I] will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.]

 

OR

 

[[We] OR [I] may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that [we] OR [I] will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

 

[[We] OR [I] share your data within the group of companies of which [we are] OR [I am] a part. Where this involves the transfer of personal data outside the EEA, [our] OR [my] group ensures that personal data is protected by requiring all companies within the group to follow the same rules with respect to personal data usage. These are known as “binding corporate rules”. More information on binding corporate rules is available from the European Commission.]

 

OR

 

[[We] OR [I] share your data with external third parties, as detailed below in Part 10, that are based outside of the EEA. The following safeguard[s] [is] OR [are] applied to such transfers:

 

[[We] OR [I] will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of personal data protection. More information is available from the European Commission.]

 

OR

 

[[We] OR [I] use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts ensure the same levels of personal data protection that would apply under the GDPR. More information is available from the European Commission.]

 

AND/OR

 

[Where [we] OR [I] transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.]]

 

Please contact [us] OR [me] using the details below in Part 15 for further information about the particular data protection mechanism used by [us] OR [me] when transferring your personal data to a third country.]

 

  1. Do You Share My Personal Data?

[[We] OR [I] will not share any of your personal data with any third parties for any purposes, subject to one important exception.

 

In some limited circumstances, [we] OR [I] may be legally required to share certain personal data, which might include yours, if [we are] OR [I am] involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]

 

[If any personal data is transferred outside of the EEA, [we] OR [I] will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.]

 

In some limited circumstances, [we] OR [I] may be legally required to share certain personal data, which might include yours, if [we are] OR [I am] involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]

 

  1. How Can I Control My Personal Data?

In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via [Our] OR [My] Site, you may be given options to restrict [our] OR [my] use of your personal data. In particular, [we] OR [I] aim to give you strong controls on [our] OR [my] use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from [us] OR [me] which you may do by unsubscribing using the links provided in [our] OR [my] emails [and] OR [,] at the point of providing your details [and by managing your Account]).

You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

  1. Can I Withhold Information?

You may access [certain areas of] [Our] OR [My] Site without providing any personal data at all. [However, to use all features and functions available on [Our] OR [My] Site you may be required to submit or allow for the collection of certain data.]

 

  1. How Can I Access My Personal Data?

If you want to know what personal data [we] OR [I] have about you, you can ask [us] OR [me] for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

 

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. [To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell [us] OR [me] everything [we] OR [I] need to know to respond to your request as quickly as possible.]

 

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover [our] OR [my] administrative costs in responding.

 

[We] OR [I] will respond to your subject access request within 7 working days and, in any case, not more than] one month of receiving it. Normally, [we] OR [I] aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date [we] OR [I] receive your request. You will be kept fully informed of [our] OR [my] progress.

 

  1. How Do You Use Cookies?

[[Our] OR [My] Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by [us] OR [me] and are used only by [us] OR [me]. [We] OR [I] use Cookies to facilitate and improve your experience of [Our] OR [My] Site and to provide and improve [our] OR [my] [products] AND/OR [services]. [We] OR [I] have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

 

All Cookies used by and on [Our] OR [My] Site are used in accordance with current Cookie Law.

 

Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling [us] OR [me] to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of [Our] OR [My] Site may not function fully or as intended. [You will be given the opportunity to allow only first-party Cookies and block third-party Cookies.]

 

[Certain features of [Our] OR [My] Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that [Our] OR [My] Site may not work properly if you do so. [We] OR [I] have taken great care to ensure that your privacy is not at risk by allowing them.]

 

The following first-party Cookies may be placed on your computer or device:

 

[Our] OR [My] Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling [us] OR [me] to better understand how [Our] OR [My] Site is used. This, in turn, enables [us] OR [me] to improve [Our] OR [My] Site and the [products] AND/OR [services] offered through it.

 

The analytics service(s) used by [Our] OR [My] Site use(s) Cookies to gather the required information. You do not have to allow [us] OR [me] to use these Cookies, however whilst [our] OR [my] use of them does not pose any risk to your privacy or your safe use of [Our] OR [My] Site, it does enable [us] OR [me] to continually improve [Our] OR [My] Site, making it a better and more useful experience for you.

 

The analytics service(s) used by [Our] OR [My] Site use(s) the following Cookies:

 

In addition to the controls that [we] OR [I] provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

 

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

 

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

 

  1. How Do I Contact You?

To contact [us] OR [me] about anything to do with your personal data and data protection, including to make a subject access request, please use the following details [(for the attention of Rachel Vanhinsbergh)]:

 

Email address: [email protected]

 

  1. Changes to this Privacy Policy

[We] OR [I] may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if [we] OR [I] change [our] OR [my] business in a way that affects personal data protection.

 

Any changes will be immediately posted on [Our] OR [My] Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of [Our] OR [My] Site following the alterations. [We] OR [I] recommend that you check this page regularly to keep up-to-date.

 

This Privacy Policy was last updated on June 24th, 2019.