TERMS AND CONDITIONS FOR USING THIS WEBSITE
Archery for Everyone is based in Carrickfergus, Northern Ireland. References to “we”, “us” and similar terms means Archery for Everyone and our parent company, Awaken Potential Hub “Our” should be construed accordingly. The term “you” refers to the user or viewer of the website. The terms “this website” and “our website” and similar terms means www.awakenpotentialhub.com or www.archeryforeveryoneni.com
By using this website (which includes browsing a page or pages on it and in particular making purchases or sending other communications via the website) you are agreeing to comply with and be bound by:
· these terms and conditions of us; and
· privacy and cookies policy.
It is important therefore that you read these terms and conditions and our privacy and cookies policy carefully as use of this website is subject to them. If you do not understand or do not agree with the whole of the terms and conditions and the privacy and cookies policy, then you must not proceed to use the website or must not continue to use it.
These terms and conditions apply in addition to any other terms which may be set out when doing certain things through or on our website.
Please note that unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
We may vary our terms and conditions of use from time to time and any variation will apply from the date of publication on our website.
How to contact us
You can find our contact details on our website: www.awakenpotentialhub.com. Any request, notification, communication or notice under these terms and conditions may be made by us via any email address of the domain awakenpotentialhub.com (namely, ‘email@example.com’) as well as by other means such as post. However, the use of such an email address should not be relied upon as evidence that the communication has been sent by us.
This website contains material which is owned by or licensed to us. Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this website (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by us and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights.
Reproduction of this material is prohibited save for circumstances prescribed by these terms and conditions. No permissions or licences other than those specified in these terms and conditions are granted and no part of the content of this website may otherwise be reproduced or redistributed in any form or for any purpose.
You have limited permission to display, print or download extracts from the pages of this website for your personal non-commercial and non-profit use only and you shall not be entitled to commercialise any such material in any way.
Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use.
You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this website without our prior written consent save as expressly authorised by an agreement in writing between us.
You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on this website or use any of the materials for public performance or otherwise make commercial use of this Site or any materials located on it without our prior written consent.
Any permissions granted terminate automatically if you breach any of these terms or other terms and conditions applicable to this website.
Nothing on this website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of the owners and operators of Awaken Potential Tutoring and its website www.awakenpotentialtutoring.com, its affiliates or any third party, whether implied or otherwise, save as expressly provided.
We reserve the right to withdraw any permissions or licences which are granted at any time without prior notice by notifying you directly of this or by publishing a notice on our website.
If you wish to seek clarification of any term of the permissions or licences granted or wish to seek additional permissions or licences, then please contact us via the website.
Links to our website
We are very happy for you to create a link to our website provided that:
· the link is provided in a manner which is fair, not misleading and not harmful to our reputation;
· the link and the material is not embedded or ‘framed’ by another website;
· you agree to remove the link immediately upon being requested to do so by us; and
· it is clear that the content has been created by us and provided courtesy of us.
Unless all of these conditions are satisfied, you must not create a link to our website.
Use of this website
We may at our complete discretion restrict your access to this website at any time. A breach of the terms and conditions of use may result in steps being taken to prevent future use by you of the website or parts of the website.
While our current intention is for the website to be available at all times, this unfortunately cannot be guaranteed. The website and any part of it (including any regular publications and goods and services sold) may be brought to an end by us at any time subject to the legal rights provided under separate contracts with you. We take no responsibility for, and will not be liable for, the website or associated publications, goods and services being temporarily unavailable or for being brought to an end.
If we provide you with a user ID or password, then you must ensure that these are kept confidential.
You must not
· attempt to log on to any part of our site without authorisation to do so;
· use our website for or in connection with any unlawful or harmful purpose or activity;
· interfere with or disrupt the operation of the site or the systems used to operate the website;
· in connection with the website, transmit or use in any way any computer programme, software or code which is or may be harmful or is intended to cause damage or is likely to cause damage (this includes the use of any virus, worm, trojan or spyware);
· create any database or otherwise collect information via an automated process in relation to our website without our written permission;
· use our website for any commercial or marketing purposes without our written permission.
Indemnity for breaches
You agree to indemnify us for any losses (financial or otherwise), liability or other costs which we incur or become responsible for as a result of any failure by you to comply with these terms and conditions of use.
Disclaimer of liability
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. The following statements are all made subject to this important point:
· The content of the pages of this website are general in nature only and are subject to change without notice. They should not be relied upon as if they were advice upon your individual circumstances. The information on our website has to be quite generic and it remains your own responsibility to ensure that any material or information available through this website meets your specific requirements.
· While we do our very best to keep our content up-to-date and maintain its accuracy we are afraid that we cannot guarantee that this will always be the case. You acknowledge and accept that information and material on our website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law (subject to the areas identified above which we do not seek to exclude liability for). Your use of any information or materials on this website is at your own risk. In no event will we or the domain host or registrant or administrator or any other connected person be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website (subject to the areas identified above which we do not seek to exclude liability for).
· From time to time, this website may include links to other websites. These links are provided for your convenience to provide further information and we hope that you find this helpful. However, the presence of a link on our website does not mean that we endorse the website(s). We have no responsibility for the content of the linked website(s) and are afraid that we are unable to provide any assurances as to the reliability, accuracy or appropriateness of the content.
· While we do our best to ensure the that our website is free from anything which may cause our users a problem we are afraid that due to the nature of the internet we are unable to make any warranty that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in this respect (subject to the areas identified above which we do not seek to exclude liability for).
Privacy and subscribed services
We may collect and use information about you in accordance with our privacy and cookies policy, which is available on our website. These terms and conditions must be read in conjunction with our privacy and cookies policy as this policy includes additional terms and conditions for use of this website.
Your use of this website and any dispute arising out of such use of this website is subject to the law of the United Kingdom and Northern Ireland.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
· we may use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs;
Overall, cookies help us provide you with a better website and service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. We will not use cookie devices which involve the storing or processing of personal data.
It applies to information we collect in relation to:
• Users of our websites;
• People who register for our mailing lists;
• People who use our online system to book workshops, tutoring or a strategy session, create a monthly subscription membership or make purchases;
• Employees or representatives of organisations who use our services or supply us with goods or services;
• People who contact us via any medium (e.g. post, email, telephone or social media).
IMPORTANT INFORMATION AND WHO WE ARE
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please email us on firstname.lastname@example.org in the first instance.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, last name, date of birth and gender.
Contact Data includes contact address, email address, social media account information and telephone numbers.
Financial Data includes details about payments to and from you. If you choose to pay by credit or debit card we will also ask you for your credit/debit card details. Full card details are only held by our chosen payment portal (PAYPAL), not by APT. All we hold is the card type and last 4 digits of your card number. If you set up a Direct Debit instruction in favour of Awaken Potential then your bank account details will be stored both on our business and e-banking database with Nationwide and on the APT database.
Transaction Data includes, information required to fulfil orders, to process refunds, to pay for a service (e.g. workshops, subscriptions, tutoring) and other details of goods or services you have purchased through us.
Profile Data includes your username and password and purchases or orders made by you.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Medical Data includes information about you or your child’s health and medical history which may affect you when participating in one or more of our workshops, tutoring or strategy sessions. For you or the child/children you are representing when booking one of our workshops, tutoring or strategy sessions, we will be required to obtain additional information from you for those under 18 years old in relation to health and medical history (Medical Data). We will only collect the minimum amount of information required in which to allow you or the child to participate safely in our workshops and tutoring. This information, which is classified as a Special Category of Personal Data under GDPR legislation will be collected by parents/guardians being asked to complete a consent/registration form for anyone under 18 years. You will be asked to specifically consent to the processing by us of such Medical Data (including the passing on of this information to medical experts, legal entities) should the need arise. We will only hold onto this data for 3 months after the workshop or in the case of tutoring and strategy sessions as long as the contract exists between APT and yourself. This may be longer if we are legally required to or if a problem/complaint has arisen.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You will give us your Identity, Contact, Financial, Transaction and were applicable, your medical data by completing a consent/registration form or by corresponding with us by email, phone, post or social media platforms.
This also includes personal data you provide when you:
a) apply for our services;
b) create an account on our website;
c) subscribe to our service or publications;
d) submit a paper-based Direct Debit Mandate form;
e) request marketing to be sent to you; or
f) give us some feedback.
Third parties. We may receive personal data about you from various third parties as set out below:
Technical Data from the following parties:
a) Organisations whose platforms we use to sell our products (e.g. Facebook, Wix, Paypal etc) Purchases;
b) analytics providers such as Google;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
Clubs, Organisations or Associations with whom you or your child may have membership, to allow us to fulfil the service which the aforementioned have booked.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to.
Most commonly we will only use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you (for example, to ensure the safety of participants at one of our workshops), or when you have asked for something to be done so that you can enter into a contract with us (for example, you have asked for information in relation to one of our workshops, tutoring or an event planned by us)
Where it is necessary for our legitimate interests (or those of a third party) by which we mean the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Where use is necessary to protect the people within our care.
Where we need to comply with a legal or regulatory obligation we are subject to.
Consent and withdrawal of consent
Generally, we do not rely on consent as a legal basis for processing your personal data.
The only exception to is in relation to Medical Data.
You have the right to withdraw consent to marketing at any time by:
• emailing us at email@example.com with the title “OPT-OUT”.
You have the right to withdraw consent to our processing of Medical Data at any time by emailing us on firstname.lastname@example.org. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent for Medical Data provided in relation to a particular event, tutoring or workshop we may not permit you or your child to participate in the activity. We will inform you of this at that time.
Promotional offers from us
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information or purchased services from us or if you provided us with your details when you registered with us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company for marketing purposes.
You can ask us to stop sending you marketing messages at any time by emailing us on email@example.com. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We require all third parties to whom we disclose your data in accordance with this policy to respect the security of your personal data and to treat it in accordance with the law.
Specific Third Parties
Third Party Service Providers
We will transfer your personal data to the following specific processors:
Wix.com - which provide webhosting, back-up, e-commerce hosting, other IT and system administration Services for Awaken Potential Tutoring.
PayPal – our chosen payment portal
Accounts by Ciara - Awaken Potential Accountant
Eve VA - Eve Beattie Virtual Assistant
We may also have to share your personal data with the parties set out below:
Service providers acting as processors based within the EU who provide web hosting, back-up and other IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years for tax purposes.
We retain your Medical Data for 3 months following the event/workshop in respect of which it was provided. However, this may be exceeded for legal purposes or as we deem appropriate.
Any data collected for a tutoring student, workshop or strategy session participant will be kept for 3 months after the service contract ends, again this may be exceeded for legal purposes or as we deem appropriate.
Any data we are not required to hold for tax or other legal purposes will be held for no more than 3 years following the workshop or subscription/membership for which it was gathered.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please email us on firstname.lastname@example.org
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case we will notify you and keep you updated