Virtual Swanage Terms and Conditions of Use
- ACCEPTANCE OF TERMS
Your access to and use of Virtual Swanage ("the Website") is subject exclusively to these Terms and Conditions. The use of this site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
- CHANGES TO WEBSITE
Virtual Swanage reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Virtual Swanage shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
- LINKS TO THIRD PARTY WEBSITES
Virtual Swanage is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Virtual Swanage does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Virtual Swanage is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this site must be direct to any complete content page (and not any part of a page) within virtualswanage.co.uk and must not be viewed within the pages of any other site. Virtual Swanage disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.
Links do not imply that Virtual Swanage endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Virtual Swanage or any of its affiliates or subsidiaries.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Virtual Swanage or otherwise used by Virtual Swanage as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
- DISCLAIMERS AND LIMITATION OF LIABILITY
This site and the information, names, images, pictures, logos and icons relating to www.virtualswanage.co.uk, Virtual Swanage and/or any of Virtual Swanage's associated companies, products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and other materials included on this site may contain inaccuracies and typographical errors. Virtual Swanage does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Virtual Swanage reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice. In no event will Virtual Swanage and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the site. These exclusions do not apply to death or personal injury caused by Virtual Swanage?s negligence and only apply to the extent permitted by law.
Virtual Swanage is not responsible for any damage, loss or offence caused by or, in connection with, any content including third party forum submissions, advertising, products, services or information available on the Virtual Swanage websites.
Virtual Swanage does not warrant that the functions contained in this site will be uninterrupted or error free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Virtual Swanage does not represent the full functionality, accuracy or reliability of any material. Virtual Swanage may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
You agree to indemnify and hold Virtual Swanage and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Virtual Swanage arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Website Directory and Accommodation Submission Policies
You can add your website to the Swanage Index Directory by filling out the form on the Submit My Site page. We will then visit your website and add it to the database if it meets the requirements below:
We care a great deal about the quality of the directory. Please be aware that abusive submissions will result in the removal of all sites connected with the abuser.
- Please only submit a URL to the Swanage Index once. If a site has not been listed within two weeks, you may submit it again.
- Disguising your submission and submitting the same URL more than once is not permitted.
Example: http://www.site.co.uk and http://www.site.co.uk/index2.htm
If you have several pages within your webspace with different content, it is much better to provide a index page with links to each individual section or page, this will also help search engines list your website.
- Please do not submit mirror sites. Mirror sites are sites that contain identical content, but have different URLs altogether.
- We only accept businesses where the owners or the business is located in the BH19 and BH20 postal code area in the United Kingdom.
- Sites with illegal content are forbidden in the Swanage Index. Examples of illegal material include, but are not limited to, child pornography and sites infringing on copyright.
- Please avoid submitting sites with addresses that redirect to another address.
- Please avoid submitting sites which have pop-up windows that open when the site loads. These are very annoying for many people.
- Submit sites to the most relevant category. Sites intentionally submitted to inappropriate or unrelated categories will be removed.
- Wait until your site is complete before submitting your URL. Sites which are incomplete, contain "Under Construction" notices, or contain broken graphics or links are not good candidates for the directory.
- Pornographic submissions will NOT be added.
- Sites consisting largely of affiliate links and / or banner advertisement should not be submitted.
- Please do not submit accommodation related websites or businesses to this section, we have a dedicated accommodation section just for accommodation related businesses.
- Any businesses found to be using the directory to send unsolicited mail will be removed from the directory.
- 1.1 We are committed to safeguarding the privacy of our website visitors and customers.
- 1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
- 1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via the Sign In link on the top of every page.
- 1.5 In this policy, "we", "us" and "our" refer to Apexweb LTD trading as Virtual Swanage For more information about us, see Section 12
- How we use your personal data
- 2.1 In this Section 2 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.
- 2.2 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.
- 2.3 We may process your account data ("account data"). The account data may include your name, postal address and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and processing customer orders.
- 2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number and email address. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and processing customer orders.
- 2.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, address, telephone number and email address. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and processing customer orders.
- 2.6 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- 2.7 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 to process your enquiry and respond as required.
- 2.8 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 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 our interest in the proper administration of our website and business and orders.
- 2.9 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.
- 2.10 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.
- 2.11 We may process customer names and addresses where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- 2.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
- 2.13 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data] where such processing 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.
- 2.14 Please do not supply any other person's personal data to us, unless we prompt you to do so.
- Providing your personal data to others
- 3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
- 3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- 3.3 We will NOT disclose customers names, email addresses or addresses to our suppliers or subcontractors.
- 3.4 Financial transactions relating to our website and services are handled by our payment services providers, Paypal and Secure Trading. 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.securetrading.com/ and https://www.paypal.com.
- 3.5 In addition to the specific disclosures of personal data set out in this Section 3, 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.
- International transfers of your personal data
- 4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
- 4.2 You acknowledge that personal data that you submit for publication through our website forum may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
- Retaining and deleting personal data
- 5.1 This Section 5 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.
- 5.2 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.
- 5.3 We will retain your personal data as follows:
- (a) Your name, email address, postal address, telephone number(s) will be retained for a minimum period of 7 years following you placing an order or contacting us.
- 5.4 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 retention of your name, email address, postal address, telephone number(s) will be determined based on applicable tax and governing laws in the United Kingdom.
- 5.5 Notwithstanding the other provisions of this Section 5, 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.
- 6.1 We may update this policy from time to time by publishing a new version on our website.
- 6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
- 6.3 We may notify you of changes to this policy by email or post on our website blog and forum.
- Your rights
- 7.1 In this Section 7, 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.
- 7.2 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.
- 7.3 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. You can access your personal data by visiting the Customer Account pages when logged into our website.
- 7.4 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.
- 7.5 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.
- 7.6 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.
- 7.7 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.
- 7.8 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.
- 7.9 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.
- 7.10 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.
- 7.11 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.
- 7.12 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.
- 7.13 You may exercise any of your rights in relation to your personal data by written notice to us OR by email, in addition to the other methods specified in this Section 7.
- About cookies
- 8.1 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.
- 8.2 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.
- 8.3 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.
- Cookies that we use
- Cookies used by our service providers
- Managing cookies
- 11.1 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:
- 11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
- 11.3 If you block cookies, you will not be able to use all the features on our website.
- Our details
- 12.1 This website is owned and operated by Apexweb LTD.
- 12.2 We are registered in England and Wales under registration number 08969553, and our registered office is at Apexweb LTD, Bridge House, Court Road, Swanage, Dorset BH19 1DX.
- 12.3 Our principal place of business is at 8 Richmond Road, Swanage, Dorset BH192PZ United Kingdom
- 12.4 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.
- Data protection officer
- 13.1 Our data protection officer's contact details are: Brian Dorey, 8 Richmond Road, Swanage, Dorset BH192PZ United Kingdom
- We recognize that security has become a critical issue for Internet users. Virtual Swanage takes precautions to protect the integrity of your information and to avoid loss, theft, misuse or alteration. Virtual Swanage uses industry-standard, commercially available technology, such as firewalls and SSL (Secure Socket Layer) Encryption, to protect your registration or online transaction information. To check the security of your connection, look at the upper right-hand corner of your browser window after accessing the server. If you see a closed lock then your information will be encrypted as it is transmitted.
- Public Forums
- This site may make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal information.
- Children's Guidelines
- Virtual Swanage will NOT knowingly:
- a) collect online contact information from anyone under the age of 13 without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity.
- b) collect personally identifiable offline contact information from anyone under the age of 13 without prior parental consent.
- c) distribute to third parties any personally identifiable information from anyone under the age of 13 without prior parental consent.
- d) give anyone under the age of 13 the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent within the children’s educational section of the web site.
- e) entice by the prospect of a special game, prize or other activity, anyone under the age of 13 to divulge more information than is needed to participate in the activity.
- This site contains links to other sites. Virtual Swanage is not responsible for the privacy practices or the content of such Web sites.
- All images on this website are copyright by Virtual Swanage unless otherwise stated. You may not reproduce, or link to, any of these images without written consent from Virtual Swanage. Use of any images on this website without prior permission will be investigated and that party will be fully liable to the fullest extent of the law.
- If you do wish to use any images on a publication or website, please contact Virtual Swanage for usage information.