Website disclaimer

Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3.1 Copyright (c) [2013-2018] [Cultural Intelligence Ltd trading as Place Photography].

3.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f) [violate the directives set out in the robots.txt file for our website]; or

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with [English law].

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

Statutory and regulatory disclosures

11.5 Our VAT number is GB 571475232.

Our details

12.1 This website is owned and operated by [Cultural Intelligence Ltd].

12.2 We are registered in [England and Wales] under registration number [3883565.], and our registered office is at [50 The Street, Melton, Woodbridge, IP12 1PW].

12.3 Our principal place of business is at [The Studio, 50 The Street, Melton, Woodbridge, IP12 1PW].

12.4 You can contact us:

(a) [by post, to [the postal address given above]];

(b) [using our website contact form];

(d) [by email, using [the email address published on our website from time to time]].

Privacy Policy

This privacy policy sets out how Cultural Intelligence Ltd trading as Place Photography (PP) uses and protects any information that you give to PP when you use this website.

PP is committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018. We are registered as a data controller with the Information Commissioner’s Office under registration number Z7600796.

PP may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st March 2018.

What we collect

We may collect the following information:

Your name, username and job title
Contact information including your email address, postal address and telephone number
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers provided by us

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record-keeping and to administer any account that you might have with us.
We may use the information to improve our products and services to you.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or post but only in accordance with your expressed consent for such contact. We may also use the information to customise the website according to your interests.

The legal basis for processing your data

We collect this data from you on at least one of the following legal bases:

That you have provided your explicit consent for us to do so.
That we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).
That we have a legitimate interest in doing so for our own commercial marketing activities where our use of your data is proportionate, has a minimal impact on your privacy and is an activity that you might reasonably expect us to be engaged in.

How long do we keep your personal information for?

We will only retain your personal information for the minimum time that is necessary. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes.
Right to withdraw consent, data retention and the right to be forgotten – If you have previously agreed to us using your personal information for direct-marketing purposes, you may change your mind at any time by writing to us at Place Photography, The Studio, 50 The Street, Melton, Woodbridge IP12 1PW or email us using the contact form on this website We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten cannot be implemented but we will inform you of this should you contact us on this basis.
Right of data portability – You have the right to request a copy of the data that we hold about you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please write to us atPlace Photography, The Studio, 50 The Street, Melton, Woodbridge IP12 1PW or email us using the contact form on this website. We will provide the information in a commonly used and machine-readable format free of charge.
Right of access to your data – You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to us at Place Photography, The Studio, 50 The Street, Melton, Woodbridge IP12 1PW or email us using the contact form on this website.
Right to rectification of inaccurate data – If you believe that any information we are holding on you is incorrect or incomplete, please write to us at as soon as possible. We will promptly rectify any information found to be incorrect.
Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please write to us at Place Photography, The Studio, 50 The Street, Melton, Woodbridge IP12 1PW or email us using the contact form on this website.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting but only if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998 and the GDPR 2018. This is free but in the case of manifestly unfounded or excessive/repetive requests we reserve the right to charge a small administration fee of £10 + VAT.
If you would like a copy of the information held on you please write to us at Place Photography, The Studio, 50 The Street, Melton, Woodbridge IP12 1PW or email us using the contact form on this website.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controller or those nominated as PP Data Processors.
Any password(s) which you might use to access the website or other platforms that are operated by the PP using third-party providers (such as Posthaven and Groups.io) are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straightaway and change it.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy policy statement applicable to the website(s) in question.