Data Protection & Website Usage Policies
Data controller: North Leeds Garden Design Our address is 38 Broomfield, Adel, Leeds, LS16 6AF.
You can contact the data controller by writing to our address or by sending an email to firstname.lastname@example.org.
INFORMATION WE COLLECT FROM ONLINE SOURCES
This includes but is not limited to our own website Questionnaire, Contact Form and Newsletter; the contact form sent by the Houzz website when you contact us through it, and any contact information you may include when contacting us through sharing websites such as Pinterest, Instagram, and other social media such as Facebook.
We use a third-party server to host our website. This website server automatically logs the IP address you use to access our website as well as other information about your visit; the pages accessed, the date and time of the request, the source of your access to our website (e.g. the website or URL link which referred you to our website), and your browser version and operating system. Our website server is based in London. We do not have access to this information except that collected in an anonymous format by Google Analytics.
INFORMATION WE COLLECT; WHAT WE COLLECT AND HOW AND WHERE WE STORE IT
We only collect information about you so that we can design a garden or border for you or provide you with consultancy services or other services offered by us. We believe it is legitimate for us to keep your records once the contract is formally completed, for example so that we can get in touch and review how your garden is developing, and to respond to any queries you may have in the future.
Correspondence and enquiries: when you get in touch with us, whether in person or by phone, email or website or any other method, we will retain your information for as long as it takes to respond to your enquiry, and for a further three years. Messages you send us electronically are stored on our third-party hosting provider’s services on its server in the UK, and may also be transferred to our cloud storage facility at OneDrive or any additional/alternative cloud storage service we may use, as well as held on security-protected electronic devices. We may also transfer this information or any subsequent information provided by you or relevant to our business, to our paper records.
Plans and research: we keep all the online and paper-based information relating to the services you received from us, including Concept plans, Masterplans, Planting designs, Consultancy notes, illustrations, photographs and videos and any other information, for ten years from completion of our contract with you. This information is kept on our cloud storage facility at OneDrive or any alternative/additional cloud storage service we may use, and on password-protected electronic devices; paper information such as plans are also kept separately at our business address. If we have successive contracts with you, then all the information would be kept for ten years following the close of the final contact with you. After that we will keep the final drawings, illustrations, photographs, videos and notes for up to a further 10 years.
Newsletter: we retain any information you used solely to sign up for our newsletter for as long as you remain subscribed.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
We will provide some information to third parties as required to run our business. This includes passing relevant information to help fulfil any contracts we enter into with you; to assist in supplying you with information or services which you have requested or to which you have verbally assented, even by implication, that we source for you; and to third parties such as our phone, IT, and webhosting providers who may process information on our behalf.
Occasionally we may need to provide certain information to third parties: such as our insurers e.g. in relation to a claim; accountant who may need to see invoices, solicitors if required to help us obtain our legal rights.
If we suspect that criminal activity has occurred, for example cyber-crime, or if appropriate authorities ask us to disclose information for similar reasons, we may need to share your information with them.
YOUR DATA RIGHTS
You have the right:
- to access your information and to receive information about its use
- to have your information corrected and/or completed
- to have your information deleted
- to restrict the use of your information
- to receive your information in a portable format
- to object to the use of your information
- to withdraw your consent to the use of your information
- to complain to a supervisory authority
- INFORMATION ABOUT US
The Website is operated by North Leeds Garden Design (the “Company”)
- ACCESSING THE WEBSITE
2.1 Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service provided on the Website without notice at any time. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 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.
2.3 You may only use our website for lawful purposes.
- INTELLECTUAL PROPERTY RIGHTS AND LICENCE
3.1 You are permitted to print and download copies and extracts from the Website for your own personal non-commercial use provided that:
3.1.1 no material either printed or downloaded from the Website is modified in any way;
3.1.2 no illustrations, photographs, or any graphics on the Website are used separately from any accompanying text;
3.1.3 the Company’s status (and that of any identified contributors) as the authors of material on the Website is acknowledged and that this permission notice appears on all copies made.
3.2 Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world.
3.3 Subject to clause 3.1, 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 the Company’s prior written permission.
3.4 Any other use of extracts or copies from the Website other than in accordance with clause 3.1 above for any purpose is prohibited.
3.5 If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded extracts or printed copies or extracts you have made from the Website.
3.6 Any rights not expressly granted in these terms are reserved.
4.1 The content on the Website is provided on an “as is” basis and is subject to change at any time at the Company’s sole discretion. If the need arises, the Company may suspend access to the Website, or close it indefinitely. The Company does not make any warranty, representation or guarantee as to the availability of the Website.
4.2 The content on the website is not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.
4.3 The content on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material. To the extent permitted by law the Company, other members of its group of companies and third parties connected to the Company hereby expressly exclude:
4.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
4.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: a) loss of income or revenue; b) loss of business; c) loss of profits or contracts; d) loss of anticipated savings; e) loss of data; f) loss of goodwill; g) wasted management or office time; and h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
4.4 This does not affect the Company’s liability for death or personal injury arising from the Company’s negligence, nor the Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5.2 By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
5.3 The Company is committed to protecting your privacy and observing its obligations under the Data Protection Act 1998.
5.4 The Company will take all reasonable measures to collect, record and store your personal information timely accurately and securely.
- VIRUSES, HACKING AND OTHER OFFENCES
6.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
6.3 The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- LINKING TO THE WEBSITE
7.1 If you would like to link to the Website, you may do so subject to the following conditions:
7.1.1 You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;
7.1.2 You do not remove, distort or otherwise alter the size or appearance of The North Leeds Garden Design Logo or any other content on the Website;
7.1.3 You do not create a frame or any other browser or border environment around the Website;
7.1.4 You do not in any way imply that the Company is endorsing any products or services other than its own;
7.1.5 You do not misrepresent your relationship with the Company nor present any other false information about the Company;
7.1.6 You do not otherwise use any trademarks or brand identity displayed on this website without express written permission from the Company;
7.1.7 You do not link from a website that is not owned by you; and
7.1.8 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.
7.1.9 You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.
7.2 The Company expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.
7.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 7.
- LINKING FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
- JURISDICTION AND APPLICABLE LAW
If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- FORCE MAJUERE
The Company party shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
- YOUR CONCERNS
If you have any concerns about material which appears on our Website, please contact: email@example.com Thank you for visiting the Website.