terms and privacy

 

Terms of Service

Last updated: May 8th, 2018

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.brandycarrnurseries.co.uk website (the “Service”) operated by Brandy Carr Nurseries  (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Refunds

Except when required by law, purchases made through our service are non-refundable.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Brandy Carr Nurseries and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection withany product or service without the prior written consent of Brandy Carr Nurseries.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Brandy Carr Nurseries.

Brandy Carr Nurseries has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brandy Carr Nurseries 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Brandy Carr Nurseries and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service.

Limitation Of Liability

In no event shallBrandy Carr Nurseries, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Brandy Carr Nurseries, its subsidiaries, affiliates, and its licensors do
not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Brandy Carr Nurseries ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Brandy Carr Nurseries or any person for whom Brandy Carr Nurseries is responsible, and even if Brandy Carr Nurseries has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, 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 between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Privacy policy

Last updated: April 29th, 2018

Brandy Carr Nurseries (“us”, “we”, or “our”) operates the www.brandycarrnurseries.co.uk website (the “Service”).

Cookie policy

This website uses cookies to distinguish you from other users of the website.  This helps us to provide you with a good experience when you browse our website and also allows us to improve the website.

By continuing to browse the website, you are agreeing to our use of cookies as set out by this policy.

1. Information about cookies

A cookie is a small file of letters and numbers that, if you agree to their use, is stored on your browser or the hard drive of your computer or device.  They contain information that is transferred to your hard drive. The cookies that we could use can be split into the following categories:

  • Strictly necessary cookies.These are cookies that are required for the operation of the website.  They include, for example, cookies that enable you to log into parts of the website.
  • Analytical/performance cookies.These cookies allow us to recognise and count the number of visitors to the website and to see how they move around within the website when they are using it.  This helps us to improve the way the website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies.These are used to recognise you when you return to the website.  This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Marketing cookies.These cookies record your visit to the website, the pages you have visited and the links you have followed.  We may share this information with third parties (see our Privacy Policy for more information on how we use information we collect from you).

2. The cookies we use

We use the following cookies:

Category

Cookie Name

Purpose

Duration

Visitor Analytics

_ga

Used by Brandy Carr Nurseries to see how our website users navigate the site.

26 months

Visitor Analytics

_gat

Used by Brandy Carr Nurseries to see how our website users navigate the site.

Until you close the browser

Visitor Analytics

_gid

Used by Brandy Carr Nurseries to see how our website users navigate the site.

1 Day

System

wordpress_test_cookie

Used by WordPress to check that cookies work

Until you close the browser

System

itsec-hb-login

Used by WordPress to manage logins

Until you close the browser

System

CookiesDirective (Analytics)

Used by the website to notify cookies are in use

1 year

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.  These cookies are likely to be analytical/performance cookies or targeting cookies.

3. How you can block cookies

You were presented with a pop up when you first visited this website to gain your consent for the use of the above cookies. If you change your mind you can revisit this options menu by clicking on the button in the bottom left hand corner. To opt out of our cookies at any time you can also delete the existing cookies within your website browser and reject them upon visiting our site.

Also, you can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

However, please be aware that blocking cookies may affect your ability to use the website.  In particular, you may not be able to access all or parts of the website or use the functionalities contained on it.

Privacy policy

This policy, together with any other documents referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We will not use or share your information with anyone except as described in this Privacy Policy. We are committed to protecting and respecting your privacy.

By visiting this website, you are accepting and consenting to the practices described in this policy.

1. Information we collect from you

We will collect and process the following categories of data about you:

  • Information you give us.This is information about you that you give us by filling in forms on the website (Site), interacting with the Site or by corresponding with us by phone, e-mail or otherwise.  It includes information you provide when you sign up to our newsletter service, create an account, make an enquiry about our products and services or log a support ticket.

The information you give us will include your name, address, e-mail address and phone number, as well as preliminary information about your business.

  • Information we collect about you.This is information that we collect automatically about your visit during your time on the Site.  It typically involves technical information and is often collected using small data files called “cookies”.  This information helps us to provide you with a good experience when you browse the Site and also to indicate where the Site requires improvement.

More information on how cookies work, what cookies we use and why can be found in our Cookie Policy (see above).

  • Information we receive from other sources. This is information that we receive about you if you use any of the other websites we operate.  In this case we will have informed you when we collected that data if we intend to share those data internally.  We will also have told you for what purpose we will share your data.

This also includes information that we receive from third parties, such as business partners, sub-contractors in technical services, advertising networks, analytics providers, search information providers and so on.  We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Social Media platforms

We operate social media platforms. These platforms are, in most cases, operated outside of the EU and do not comply with current Data Privacy Act and subsequent GDPR provision although they may well conform to the U.S Privacy Shield protocol.

It is our process and protocol that any personally identifiable data gathered on these platforms is only in response to users interacting out of their own volition with our marketing pages. The contact is deemed as a  legitimate business enquiry. The personal contact data is removed from the site once the enquiry is processed or the user has requested so.

Analytics

Our website uses Google Analytics to collect information about how visitors use our website. We anonymise this data at the point of collection and automatically delete user and event data that is older than 26 months.

2. Uses made of the information

All information about you that we collect or receive, whether of a personal or technical nature, may be used by us in the following ways:

  • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • To provide you with information about other goods and services that we, or our selected partners, offer that are similar or relevant to those that you have already purchased or enquired about, such contact will only be made by email or phone from which you can opt out at any time; To notify you about changes to our services;
  • To administer the Site and for internal operations, including troubleshooting, system and security updates, data analysis, testing, research, statistical and survey purposes;
  • To improve the Site to ensure that content is presented in the most effective manner for you and for your computer;
  • To allow you to participate in interactive features of our service, when you choose to do so;
  • As part of our efforts to keep the Site safe and secure;
  • To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • To comply with our record keeping and information storage obligations and policy (please see the “Where We Store Your Personal Data” section below for more details).

Information we receive from other sources.

We will combine this information with information you give to us and information we collect about you.  We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. Disclosure of your information

We may share your information with:

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
  • Analytics and search engine providers that assist us in the improvement and optimisation of the Site;
  • Third party support services, such as, but not limited to project management tools, accounting systems and hosting data centre.
  • Trusted third party data processors, including but not limited to Google, Facebook and Mailchimp.

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • If we, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our clients will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or
  • To protect our rights, property or safety, or those of our clients or others.
  • When it is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

4. Where we store your personal data

All information that you provide to us is stored on our, or our selected business partners’, secure servers, and we will take reasonable steps to protect your information in accordance with this policy, including (without limitation):

  • Installing a secure firewall;
  • Using anti-virus protection software;
  • Encrypting data; and
  • Carrying out regular back-ups.

All data sent via website forms is passed through a third party relay service and deleted after 30 days.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of any data transmitted to the Site; and any such transmission is at your own risk.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5. Your rights

You have the following rights under law in respect of your personal information:

  • The right to be informed about the collection and use of your personal information;
  • The right of access to your information to verify the legality of our use of it;
  • The right to request that inaccurate or incomplete information about you is rectified;
  • The right to request the deletion or removal of your information where there is no further reason for us to use it (such as you have withdrawn your consent);
  • The right to restrict the use of your information;
  • The right to obtain and reuse the information that we have about you for your own purposes;
  • The right to object to certain uses (such as for marketing purposes); and
  • The right not to be subject to a decision that has a legal effect on you that has been based on an automated decision.

Should you wish to exercise any of these rights, you may do so at any time by writing to us at the address: Ben Asquith, Brandy Carr Nurseries, Brandy Carr Road, Kirkhamgate, Wakefield, WF2 0RE.  In some cases, we are permitted to charge a small fee of no more than £10 in respect of our administrative costs.

If you would like to request the information we hold about you under a Subject Access Request (“SAR”) you can download an application by clicking here.

If you feel that your rights have been breached in any way, you should contact Brian Asquith at the address given above or lodge an official complaint with the Information Commissioner’s Office via their website (https://ico.org.uk) or by writing to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,  SK9 5AF.

The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

6. Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page.  Please check back frequently to see any updates or changes to our privacy policy.

7. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Brian Asquith at info@brandycarrnurseries.co.uk