Legal bits.

  1. website disclaimer

  2. PRIVACY POLICY

  3. COPYRIGHT NOTICE

  4. WORKSHOP TERMS & CONDITIONS

  1. website disclaimer

1.    Introduction

1.1    This disclaimer shall govern your use of our website.

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

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

2.    Credit

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

3.    Copyright notice

3.1    Copyright ©2012/3 Harrybehindthelens.

3.2    Subject to the express provisions of this disclaimer:

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

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

4.    Licence to use website

4.1    You may:

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

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

    subject to the other provisions of this disclaimer.

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

4.3    You may only use our website for your own persona purposes, and you must not use our website for any other purposes.

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

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

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

(c)    show any material from our website in public;

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

(e)    redistribute material from our website.

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

5.    Acceptable use

5.1    You must not:

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

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

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

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

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

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

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

6.    Limited warranties

6.1    We do not warrant or represent:

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

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

(c)    that the website or any service on the website will remain available.

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

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

7.    Limitations and exclusions of liability

7.1    Nothing in this disclaimer will:

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

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

(c)    limit any liabilities in any way that is not permitted under applicable law; or

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

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

(a)    are subject to Section 7.1; and

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

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

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

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

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

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

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

8.    Variation

8.1    We may revise this disclaimer from time to time.

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

9.    Severability

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

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

10.    Law and jurisdiction

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

10.2    Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.

11.    Our details

11.1    This website is owned and operated by [Harry Wheeler-Brand].

11.2    Our principal place of business is at Hadleigh, Suffolk.

11.3    You can contact us:

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

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.


2. PRIVACY POLICY

1.    Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and service users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

1.5    In this policy, "we", "us" and "our" refer to Harrybehindthelens Photography. For more information about us, see Section 13.

2.    Credit

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

3.    How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3    We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.4    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely.

3.5    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.6    We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

4.    Providing your personal data to others

4.1    Financial transactions relating to our website and services are handled by our payment services providers, Paypal and Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full  and https://stripe.com/gb/privacy.

4.2    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.    International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.3    The hosting facilities for our website are situated in USA. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of this country. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu_en

6.    Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    The period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

6.4    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.    Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of changes to this policy by email.

8.    Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10    To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

    and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11    If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12    To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13    You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9.    About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.    Cookies that we use

10.1    We use cookies for the following purposes:

(a)    analysis - we use cookies to help us to analyse the use and performance of our website and services; and

(b)    cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

11.    Cookies used by our service providers

11.1    Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2    We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

11.4    We use www.squarespace.com to host our website. This service uses cookies for a number of purposes set out herhttps://www.squarespace.com/cookie-policy. You can view the privacy policy of this service provider at https://www.squarespace.com/privacy-new

12.    Managing cookies

12.1    Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2    Blocking all cookies will have a negative impact upon the usability of many websites.

12.3    If you block cookies, you will not be able to use all the features on our website.

13.    Our details

13.1    This website is owned and operated by Harry Wheeler-Brand.

13.3    Our principal place of business is at Hadleigh, Ipswich.

13.4    You can contact us:

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

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.


3. Copyright Notice

1.    Credit

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

2.    Copyright notice

2.1    Copyright ©2012/3 Harrybehindthelens.

2.2    Subject to the express provisions of this notice:

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

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

3.    Copyright licence

3.1    You may:

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

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

(c)    print pages from our website;

    subject to the other provisions of this notice.

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

3.3    You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

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

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

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

(c)    show any material from our website in public;

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

(e)    redistribute material from our website, save to the extent expressly permitted by this notice.

4.    Acceptable use

4.1    You must not:

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

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

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

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

5.    Report abuse

5.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2    You can let us know about any such material or activity by email info@harrybehindthelens.com.

6.    Enforcement of copyright

6.1    We take the protection of our copyright very seriously.

6.2    If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

7.    Permissions

7.1    You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.

4. workshop terms & conditions


Deposits & Payments

1. All workshop payments secure the workshop booking for the specific date of that workshop.
2. Workshops are non-refundable, due to the date booking being exclusive to you.
3. Workshops can be transferred to a different date, or location in some circumstances.
4. If the workshop is booked less than 28 days in advance of the workshop date full payment will be payable at the time of booking.

Cancellations
5. Should the workshop be cancelled by the client less than 28 days before the workshop date the client will be liable for the full cost. The workshop may be transferred to a later available date and every effort will be made to fill the original place but should this not be possible the client will be liable for the full cost.
6. Harrybehindthelens Photography reserves the right to cancel the workshop up to 28 days in advance of the workshop. If this is necessary we will if possible make arrangements with the client to transfer the booking to another workshop. If this is not possible a full refund will given.
7. If the cancellation is out of the control of Harrybehindthelens Photography, e.g. natural disasters or tutor illness, we may give the client less than 28 days notice. The monies paid will be transferable to another workshop.

8. We are at the mercy of the British weather, if poor or incremental weather is experienced within a workshop, it may mean an early finish - in such instances this is considered beyond the control of participants and Harrybehindthelens Photography.
9. Harrybehindthelens Photography cannot accept responsibility for expenses incurred due to cancellations.

Insurance
10. All clients participate at their own risk and Harrybehindthelens Photography can accept no responsibility for injury or damage to their persons or property. It is recommended that the client obtains a standard holiday or public liability insurance policy to cover themselves against injury, theft or cancellation.

Itineraries
11. Any preset itinerary needs to be flexible. The weather, the tides and outside influences can alter the best laid plans. It may be necessary to change itineraries - should this happen, participants' understanding is greatly appreciated!

Legal Age
12. Due to Harrybehindthelens, being 16 years of age, younger participants are encouraged to attend (with the workshop being arranged by the parent, whom must have prior knowledge to it), however any/all age participant may attend.

Complaints
13. The client must communicate any perceived failure in the performance of this contract on the spot to the tour leader thus giving the tour leader the opportunity to achieve a satisfactory solution. Should this not be possible, you should make your complaint known to us in writing within 28 days of the completion of the workshop.