Official Stuff
Refunds And Returns Policy
Return & Refund Policy
Thanks for shopping at Victoria Maddocks Art (VixArtuk).
If you are not entirely satisfied with your purchase, we are here to help.
Returns
You have 14 calendar days to return a painting from the date you received it.
To be eligible for a return, your painting must be unused and in the same condition that you received it.
Your painting must be in the original packaging.
Your painting needs to have the receipt or proof of purchase.
Refunds
Once we receive your painting, we will inspect it and notify you that we have received your returned
painting. We will immediately notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment).
You will receive the credit within a certain amount of days, depending on your card issuer's policies.
All final decisions will be made by Victoria Maddocks, the artist.
Victoria Maddocks has the right to refuse any refunds, if it is proven there has been any dishonest claims, any malintent or the customer has not acted in good faith.
Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non refundable.
If you receive a refund, the cost of return shipping will be deducted from your refund.
Contact Us
If you have any questions on how to return your item to us, contact us using the contact form or email; vixart@live.co.uk
TERMS AND CONDITIONS
Last updated: 2022-08-16
1. Introduction
Welcome to VictoriaMaddocks.co.uk also known as VixArt
These Terms of Service govern our website located at VixArt.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy. You acknowledge that you have read and understood the Agreements, and agree to be bound to them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at vixart@live.co.uk so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at vixart@live.co.uk
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Refunds
We issue refunds for Contracts within 14 days of the original purchase of the Contract. Please see Refunds and Returns policy.
6. Content
Content found on or through this Service are the property of VixArt or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the artist Sonia Raymond.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
9. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
10. Intellectual Property
Service and its original content, images, features and functionality are and will remain the exclusive property of VixArt and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. All content and images may not be used in connection with any product or service without the prior written consent of VixArt.
11. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to vixart@live.co.uk, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
12. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at vixart@live.co.uk.
13. Error Reporting and Feedback
You may provide us either directly at vixart@live.co.uk or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
14. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by VixArt.
VixArt has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
15. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of United Kingdom, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
21. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
22. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US AND AT THE POINT OF PURCHASE OF ANY PRODUCT ON THIS WEBSITE IS AN ACKNOWLEDGEMENT AND CONFIRMATION THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
23. Contact Us
Please send your feedback, comments, requests for technical support by email: vixart@live.co.uk.
These Terms of Service were created for www.victoriamaddocks.co.uk by PolicyMaker.io on 2022-08-16.
Privacy Policy
We are Victoria Maddocks Art known as VixArtuk. We’re a company registered in England and Wales. In this privacy notice we will refer to ourselves as ‘we’, ‘us’ or ‘our’.
You can get hold of us by e-mailing us at vixart@live.co.uk.
We take the privacy, including the security, of personal information we hold about you seriously. This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.
[We do not have a Data Protection Officer, but if you have any questions about this privacy notice or issues arising from it then you should contact Victoria Maddocks, who is responsible for matters relating to data protection at VixArt, including any matters in this privacy notice. You can contact them using the details set out above.
[We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.]
We may update this privacy notice from time to time. This version was last updated on [18.08.22].
Key Definitions
The key terms that we use throughout this privacy notice are defined below, for ease:
Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.
Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer-base.)
Personal Information: in this privacy notice we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information which has been anonymised.
Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.
Details of personal information which we collect and hold about you
Set out below are the general categories [and details of retention periods in relation to those categories (see section 8 below for more details about retention)] and in each case the types of personal information which we collect, use and hold about you:
General Category Types of Personal Data in that category Retention Periods
Identity InformationThis is information relating to your identity such as your name (including any previous names and any titles which you use), gender, marital status and date of birthAs required by law
Contact InformationThis is information relating to your contact details such as e-mail address, addresses, telephone numbersAs required by law
[Account Information][This is information relating to your account with us (including username and password)]As required by law
[Payment Information][This is information relating to the methods by which you provide payment to us such as [bank account details, credit or debit card details] and details of any payments (including amounts and dates) which are made between us.]As required by law
[Transaction Information][This is information relating to transactions between us such as details of the goods, services and/or digital content provided to you and any returns details.]As required by law
[Survey Information][This is information which we have collected from you or which you have provided to us in respect of surveys and feedback.]As required by law
[Marketing Information][This is information relating to your marketing and communications preferences.]As required by law
[Website, Device and Technical Information][This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using and the version, the operating system you are using, details about the time zone and location settings on the device and other information we receive about your device)]As required by law
[The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.]
Details of special information which we collect and hold about you
Special information is explained in section 1 above. [We do not collect or hold any special information about you.]
[race;]
[ethnic origin;]
[politics;]
[religion;]
[trade union membership;]
[genetics;]
[biometrics;]
[health;]
[sex life;]
[sexual orientation.]
We do not collect information from you relating to criminal convictions or offences.
Details of how and why we use personal information
We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below, but in most cases, we will use your personal information for the following legal reasons:
Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;
Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests.
Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and
Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.
[As explained in section 3 above, there are more sensitive types of personal data which require higher levels of protection. Where we process such sensitive types of personal data we will usually do this in the following circumstances:
We have your explicit consent;
[Where it is necessary in relation to legal claims;]
[Where you have made the personal data public].]
So that we are able to provide you with [goods] OR [goods and services] OR [services] we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying the [goods] OR [goods and services] OR [services] to you.
It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this then we may be prevented from supplying the [goods] OR [goods and services] OR [services] OR [other] to you [(for example, if you move address and do not tell us, then your goods may be delivered to the wrong address)].
Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information, in which case, we will confirm that reason to you.
We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:
if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and
for some of the purposes we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.
PurposeLegal Reason(s) for using the personal information
[To enrol you as a customer][Contract Reason.]
[Legitimate Interests Reason (in order to [offer you other goods, services and/or digital content which helps us to develop our business)]]
[To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you to recover payment.][Contract Reason.]
[Legitimate Interests Reason (in order to [recover money which you owe us]]
[To manage our contract with you and to notify you of any changes][Contract Reason.]
[Legal Obligation Reason.]
[To comply with audit and accounting matters][Legal Obligation Reason]
[For record keeping, [including in relation to any guarantees or warranties provided as part of the sale of goods, services and/or digital content][Contract Reason.]
[Legal Obligation Reason.]
[To improve the goods, services, and/or digital content which we supply][Legitimate Interests Reason (in order to improve the goods, services, and/or digital content for future customers and to grow our business]
[To recommend and send communications to you about goods, services, and/or digital content that you may be interested in. More details about marketing are set out in section 11 below][Legitimate Interests Reason (in order to grow our business]
[Consent Reason]
[To ensure the smooth running and correct operation of our website][Legitimate Interests Reason (to ensure our website runs correctly)]
[To understand how customers and visitors to our website use the website and interact with it via data analysis][Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements)]
Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together wither other personal information and you are not identifiable from that combined data we are able to use this.
Under data protection laws we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) which we told you about. If we want to use your personal information for a different purpose which we do not think is compatible with the purpose(s) which we told you about then we will contact you to explain this and what legal reason is in place to allow us to do this.
Details of how we collect personal information and special information
We usually collect [Identity Information,][Contact Information,][Payment Information,][Transaction Information,][Survey Information,][Marketing Information,] [Special Information;] [OTHERS] directly from you when you [fill out a form, survey or questionnaire,][purchase goods, services and/or digital content from us,][contact us by e-mail, telephone, in writing or otherwise]. This includes the personal information which you provide to us when you [subscribe to our mailing list][enter a competition or survey].
[We may receive some of your personal information from third parties or publicly available sources. This includes:
[Contact Information and Payment Information from our selected third-party suppliers.
[Identity Information and Contact Information from selected data brokers
[Identity Information and Contact Information from publicly available sources such as [Companies House]
[Website, Device and Technical Information from third parties such as analytics providers (like Google)];
Details about who personal Information may be shared with
We may need to share your personal information with other organisations or people. These organisations include:
[Other companies in our group (who may might act as joint data controllers or as data processors on our behalf) and who [describe the services they provide which require them to have access to personal information, e.g. IT services, or describe the reasons it may be shared with them, e.g. for management reporting.]]
Third parties who [are not part of our group. These ]may include:
[Suppliers: such as IT support services, payment providers, administration providers, marketing agencies[, OTHERS] [who are based in the UK
[Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies[, OTHERS] [who are based in the UK.
[Our advisors: such as lawyers, accountants, auditors, insurance companies [who are based in the UK.
[Our bankers [who are based in the UK.
[Credit Reference Agencies [who are based in the UK.
[E-mail platforms [who are based in the UK.
[OTHERS]
any organisations which propose to purchase our business and assets in which case we may disclose your personal information to the potential purchaser.
Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor we will ensure that we have in place contracts, which set out the responsibilities and obligations of us and them, including in respect of security of personal information.
[We do not sell or trade any of the personal information which you have provided to us.]
Details about transfers to countries outside of the EEA
[We do not transfer your personal information outside of the EEA.]
Details about how long we will hold your personal information
We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims[, including in relation to any guarantees or warranties which we have provided with the [goods][services][digital content]].
[We have set out above the details of our retention periods for different types of data. You can find them in in section 2 [and also in section 3].]
[Automated decision making
‘Automated decision making’ is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).
Data protection laws place restrictions upon us if we carry out automated decision making (including profiling) which produces a legal effect or similarly significant effect on you.
We do carry out automated decision making (including profiling) which produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this. ]
your rights under data protection law
Under data protection laws you have certain rights in relation to your personal information, as follows:
Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information which we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
Right to erasure: (this is often called the “right to be forgotten”). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
Right to data portability: this right allows you to request us to transfer your personal information to someone else.
Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation which means that you want to object to us processing your personal information. In certain circumstances you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).
In addition to the rights set out in section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 4.5.
If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request then please note:
we may need certain information from you so that we can verify your identity;
we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
if your request is unfounded or excessive then we may refuse to deal with your request.
Marketing
You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.
However, we will give you the opportunity to manage how or if we market to you. In any e-mail which we send to you, we provide a link to either unsubscribe or opt-out, or to change your marketing preferences. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.
If you do request that we stop marketing to you, this will not prevent us from sending communications to you which are not to do with marketing (for example in relation to [goods] [services] [digital content] which you have purchased from us).
We do not pass your personal information on to any third parties for marketing purposes.
Complaints
If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.
[Third Party Websites
Our website may contain links to third party websites. If you click and follow those links then these will take you to the third party website. Those third party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.]
We take the privacy, including the security, of personal information we hold about you seriously. This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.
[We do not have a Data Protection Officer, but if you have any questions about this privacy notice or issues arising from it then you should contact [Sonia Raymond], who is responsible for matters relating to data protection at Art of the Soul, including any matters in this privacy notice. You can contact them using the details set out above. ]
[We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.]
We may update this privacy notice from time to time. This version was last updated on [18.08.22].
Key Definitions
The key terms that we use throughout this privacy notice are defined below, for ease:
Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.
Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer-base.)
Personal Information: in this privacy notice we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information which has been anonymised.
Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.
Details of personal information which we collect and hold about you
Set out below are the general categories [and details of retention periods in relation to those categories (see section 8 below for more details about retention)] and in each case the types of personal information which we collect, use and hold about you:
General Category Types of Personal Data in that category Retention Periods
Identity InformationThis is information relating to your identity such as your name (including any previous names and any titles which you use), gender, marital status and date of birthAs required by law
Contact InformationThis is information relating to your contact details such as e-mail address, addresses, telephone numbersAs required by law
[Account Information][This is information relating to your account with us (including username and password)]As required by law
[Payment Information][This is information relating to the methods by which you provide payment to us such as [bank account details, credit or debit card details] and details of any payments (including amounts and dates) which are made between us.]As required by law
[Transaction Information][This is information relating to transactions between us such as details of the goods, services and/or digital content provided to you and any returns details.]As required by law
[Survey Information][This is information which we have collected from you or which you have provided to us in respect of surveys and feedback.]As required by law
[Marketing Information][This is information relating to your marketing and communications preferences.]As required by law
[Website, Device and Technical Information][This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using and the version, the operating system you are using, details about the time zone and location settings on the device and other information we receive about your device)]As required by law
[The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.]
Details of special information which we collect and hold about you
Special information is explained in section 1 above. [We do not collect or hold any special information about you.]
[race;]
[ethnic origin;]
[politics;]
[religion;]
[trade union membership;]
[genetics;]
[biometrics;]
[health;]
[sex life;]
[sexual orientation.]
We do not collect information from you relating to criminal convictions or offences.
Details of how and why we use personal information
We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below, but in most cases, we will use your personal information for the following legal reasons:
Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;
Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests.
Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and
Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.
[As explained in section 3 above, there are more sensitive types of personal data which require higher levels of protection. Where we process such sensitive types of personal data we will usually do this in the following circumstances:
We have your explicit consent;
[Where it is necessary in relation to legal claims;]
[Where you have made the personal data public].]
So that we are able to provide you with [goods] OR [goods and services] OR [services] we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying the [goods] OR [goods and services] OR [services] to you.
It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this then we may be prevented from supplying the [goods] OR [goods and services] OR [services] OR [other] to you [(for example, if you move address and do not tell us, then your goods may be delivered to the wrong address)].
Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information, in which case, we will confirm that reason to you.
We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:
if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and
for some of the purposes we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.
PurposeLegal Reason(s) for using the personal information
[To enrol you as a customer][Contract Reason.]
[Legitimate Interests Reason (in order to [offer you other goods, services and/or digital content which helps us to develop our business)]]
[To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you to recover payment.][Contract Reason.]
[Legitimate Interests Reason (in order to [recover money which you owe us]]
[To manage our contract with you and to notify you of any changes][Contract Reason.]
[Legal Obligation Reason.]
[To comply with audit and accounting matters][Legal Obligation Reason]
[For record keeping, [including in relation to any guarantees or warranties provided as part of the sale of goods, services and/or digital content][Contract Reason.]
[Legal Obligation Reason.]
[To improve the goods, services, and/or digital content which we supply][Legitimate Interests Reason (in order to improve the goods, services, and/or digital content for future customers and to grow our business]
[To recommend and send communications to you about goods, services, and/or digital content that you may be interested in. More details about marketing are set out in section 11 below][Legitimate Interests Reason (in order to grow our business]
[Consent Reason]
[To ensure the smooth running and correct operation of our website][Legitimate Interests Reason (to ensure our website runs correctly)]
[To understand how customers and visitors to our website use the website and interact with it via data analysis][Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements)]
Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together wither other personal information and you are not identifiable from that combined data we are able to use this.
Under data protection laws we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) which we told you about. If we want to use your personal information for a different purpose which we do not think is compatible with the purpose(s) which we told you about then we will contact you to explain this and what legal reason is in place to allow us to do this.
Details of how we collect personal information and special information
We usually collect [Identity Information,][Contact Information,][Payment Information,][Transaction Information,][Survey Information,][Marketing Information,] [Special Information;] [OTHERS] directly from you when you [fill out a form, survey or questionnaire,][purchase goods, services and/or digital content from us,][contact us by e-mail, telephone, in writing or otherwise]. This includes the personal information which you provide to us when you [subscribe to our mailing list][enter a competition or survey].
[We may receive some of your personal information from third parties or publicly available sources. This includes:
[Contact Information and Payment Information from our selected third-party suppliers.
[Identity Information and Contact Information from selected data brokers
[Identity Information and Contact Information from publicly available sources such as [Companies House]
[Website, Device and Technical Information from third parties such as analytics providers (like Google)];
Details about who personal Information may be shared with
We may need to share your personal information with other organisations or people. These organisations include:
[Other companies in our group (who may might act as joint data controllers or as data processors on our behalf) and who [describe the services they provide which require them to have access to personal information, e.g. IT services, or describe the reasons it may be shared with them, e.g. for management reporting.]]
Third parties who [are not part of our group. These ]may include:
[Suppliers: such as IT support services, payment providers, administration providers, marketing agencies[, OTHERS] [who are based in the UK
[Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies[, OTHERS] [who are based in the UK.
[Our advisors: such as lawyers, accountants, auditors, insurance companies [who are based in the UK.
[Our bankers [who are based in the UK.
[Credit Reference Agencies [who are based in the UK.
[E-mail platforms [who are based in the UK.
[OTHERS]
any organisations which propose to purchase our business and assets in which case we may disclose your personal information to the potential purchaser.
Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor we will ensure that we have in place contracts, which set out the responsibilities and obligations of us and them, including in respect of security of personal information.
[We do not sell or trade any of the personal information which you have provided to us.]
Details about transfers to countries outside of the EEA
[We do not transfer your personal information outside of the EEA.]
Details about how long we will hold your personal information
We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims[, including in relation to any guarantees or warranties which we have provided with the [goods][services][digital content]].
[We have set out above the details of our retention periods for different types of data. You can find them in in section 2 [and also in section 3].]
[Automated decision making
‘Automated decision making’ is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).
Data protection laws place restrictions upon us if we carry out automated decision making (including profiling) which produces a legal effect or similarly significant effect on you.
We do carry out automated decision making (including profiling) which produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this. ]
your rights under data protection law
Under data protection laws you have certain rights in relation to your personal information, as follows:
Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information which we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
Right to erasure: (this is often called the “right to be forgotten”). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
Right to data portability: this right allows you to request us to transfer your personal information to someone else.
Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation which means that you want to object to us processing your personal information. In certain circumstances you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).
In addition to the rights set out in section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 4.5.
If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request then please note:
we may need certain information from you so that we can verify your identity;
we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
if your request is unfounded or excessive then we may refuse to deal with your request.
Marketing
You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.
However, we will give you the opportunity to manage how or if we market to you. In any e-mail which we send to you, we provide a link to either unsubscribe or opt-out, or to change your marketing preferences. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.
If you do request that we stop marketing to you, this will not prevent us from sending communications to you which are not to do with marketing (for example in relation to [goods] [services] [digital content] which you have purchased from us).
We do not pass your personal information on to any third parties for marketing purposes.
Complaints
If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.
[Third Party Websites
Our website may contain links to third party websites. If you click and follow those links then these will take you to the third party website. Those third party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.]