THE WELLBEING ACTIVITIES TERMS AND CONDITIONS SMALL GROUP OR INDIVIDUAL SESSIONS: PER SESSION/PACKAGE BOOKING.

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply:

 

A. to provision of any Services (as “Services” is defined in Clause 1 below) to clients by the Teacher, namely The Wellbeing Centre, 31 Gavinton Street, Muirend, Glasgow, G44 3EF and

 

B. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.

 

 

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”

 

 

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual client of the Teacher who receives or uses Services for the client’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Our premises”

means the premises at which We hold Sessions which is the same address as above, but in Clause 3.17 it means “business premises” as defined in the Regulations;

“Price List”

means Our standard price list for all of the Services which We offer. The list of Services and their prices is available from Us at Our Premises or on our website;

“Registration Form”

means the application and registration form that We provide to You which includes Your confirmation that (a) You are 18 years or over (b) you are a “Consumer” (c) You have read and agree to these Terms and Conditions (including fitness, health and safety matters in Clauses 6 and 7;

“Regulations”

means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

[Series”

means a series of Sessions booked as a package in one transaction where We and You at the time when You book, you pay for all of those Sessions, and We and You agree all of the times and dates for each of those Sessions];

“Services”

means any and all Sessions at which We provide any movement, dance, fitness, training, teaching, instruction, and all facilities, services, and equipment which We provide/use in connection with such Sessions;

“Session”

means any class or session of movement, dance, fitness, training, teaching, instruction for You either as an individual and or as part of a group taking place at a time and on a date booked with Us;

“Teacher/We/Us/Our”

means The Wellbeing Centre whose place of business and contact address is the same address as above;

“Terms and Conditions”

means these Terms and Conditions, and “Clause” or “sub-Clause” is a Clause of these Terms and Conditions; and

“You/Your”

means the individual who is Our client.

 

1. Registration

1. Only if You register with Us (by completing the Health Check and Consent Registration Form and agreeing in that Form to these Terms and Conditions), and We then confirm to You orally or in writing that We accept Your registration, may You then book and attend any Sessions. Our decision whether or not to accept Your application to register is in Our absolute discretion. (See below as to booking Sessions).

2. The details that You provide and confirm in the Registration Form must be complete and correct, and includes Your confirmation of the matters referred to in the definition of “Registration Form” in Clause 1 above.

3. Upon Our confirmation of Our acceptance of Your Registration Form, there will be a contract between You and Us on these Terms and Conditions.

 

1. Booking and Cancellation of Sessions, and Consumer Rights

   1. You must be 18 or over and a “Consumer” to book and attend any Session.

   2. A place in a Session is subject to availability and will be on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Session unless You book and pay for the Session for that particular time and date.

   3. Each Session is available as, and will be specifically booked only as, an individual Session for You.

   4. You may book each Session on our website. You may book for each session though purchasing a membership (up to 10 sessions).

   5. We will only provide a Session to You if You have pre-booked and You have paid for the Session or Series in advance.

   6. When you book for any Session, You must book (or, as set out in sub-Clause 3.10 below, when You rebook a Session to replace any booked Session cancelled for a date which is no more than one week after the date when You make that booking (or rebooking). A Session not booked (or rebooked) for a date within that period will be lost and, unless You cancel it and are entitled under these Terms and Conditions to a refund in that case, We will not refund any payment You have made for it. This sub-Clause will also apply to any Session which is part of a Series or membership.

   7. Your request for a booking for a Session or Series will be an offer, but whether We accept any booking request will be for Us to decide in Our discretion. Only if and when We tell You orally or in writing that We accept Your request to book for a particular Session or Series and You have paid for it, will there be a booking and there will then be a binding contract between You and Us for that Session or Series.

   8. When You book and pay for any one or more Sessions, We will be entitled to keep some or all of that payment as set out in sub-Clause 3.11 below if You later cancel any such Session without giving Us prior notice of at least 24 hours.

   9. We may treat a booked Session as cancelled by You without notice to Us if You arrive after the start of the Session or the start of any warm up for that Session or You do not attend any of the Session. We may decide to make a charge to You for that cancelled Session, and sub-Clause 3.11 below will apply.

   10. You may cancel a Session without charge if You give Us at least 24 hours  prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance for it unless when You cancel You ask to rebook for a later, substitute, Session instead and We accept that substitute booking.      If the cancelled Session was part of a Series, We will not refund You any sum for it but OR [We will refund You for that Session an amount equal to total sum paid for the Series divided by the total number of Sessions in the Series or] You may rebook it under this sub-Clause 3.10 for a date falling within the one month period after the date when You booked the Series.

   11. If You do not give Us at least 24 hours as in Clause 3.10 prior notice of cancellation of a Session, We will be entitled to charge You for any net financial loss up to the full price paid for that Session that We suffer due to Your cancellation. We will be entitled to deduct that charge from sums You paid in advance for that Session, and We shall refund any balance to You. For this purpose, if that Session was part of a Series, the sum paid in advance for it will be the total sum paid for the Series divided by the total number of Sessions in the Series.

   12. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Session without giving Us at least 24 hours as in Clause 3.10 prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 and 3.11.

   13. We may cancel a Session booked by You at any time before the time and date of that Session in the following circumstances:

       1. If You booked the Session as a group Session, and any required minimum number (if any) for that Session have not booked for that Session; or

       2. The Teacher or Instructor and any other required teacher and/or required equipment or facilities necessary for the Session are not available; or

       3. An event described in sub-Clause 8 below occurs and continues for more than two hours or

       4. We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Session in such circumstances We will refund to You in full the payment that You have made to Us for that Session unless it was part of a Membership/Series.

Where it was part of a Membership/Series, We will not make a refund but You may rebook that cancelled Session for another date falling within the one month period after the date when You booked the Membership/Series, or if that period ends less than 2 weeks after the date of the cancelled Session and You prefer to have a refund instead of rebooking We will refund You for that cancelled Session the one off price for the session shown in Our Price List.

1. We will use all reasonable endeavours to start the Session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Session or by other circumstances. If a delay to the start is at least 15 minutes late, or, if at any time before or after You arrive for a Session We notify You that there will be a delay of at least that time, You may cancel the Session and We will refund to You in full the payment that You have made to Us for that Session unless it was paid for as part of a Series in which case the final paragraph of sub-Clause 3.13 (as to rebooking or refund) will also apply to cancellation under this sub-Clause 3.14.

2. Sessions, teachers, instructors, equipment, and prices are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

3. We reserve the right to expel You from a Session if Your conduct is in Our reasonable opinion unacceptable, or it is or may be in Our reasonable opinion harmful to the Teacher’s reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of Our other clients. If We expel You, You will not be entitled to any refund for a Session started but not completed due to expulsion.. Any Session booked as a one off or part of a Series but not yet attended will then be deemed to be cancelled by Us. You will then be entitled to a refund for any one off Session/s booked that You have not yet attended, and in the case of a Series where any Session/s in the Series has/have yet to be attended as at the time of expulsion, You will then be entitled to a refund for the number of Sessions not yet attended pro rata to the total number of Sessions in the Membership/Series.

4. Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Session during the 14 day period after We accept that booking, but if the booking includes any Session(s) on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Session(s) in that 14 day period and We do so, You may not cancel that or those requested Session(s) and You must pay for them in accordance with Clause 4, and You may only cancel any other Session(s) which are either one offs or part of a Series covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.17, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Session(s) covered by that booking that We have provided. For this purpose, where any one or more Sessions are part of a Membership/Series, then You may cancel such Sessions booked for any date(s) after that 14 day period, and We will refund for each such cancelled Session the total Series price amount divided by the total number of Sessions in the Membership/Series.

 

1. Fees and Payment

1. You must pay in accordance with Our Price List for all Services that We fully and correctly provide to You.

2. You may pay Us for Services using any of the following methods:

1. Membership by Credit/Debit Card via online booking.

2. Gift Voucher redeemed at Our Premises

1. We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book a Session and the date of the Session, the price increase will not apply to You for the Session on that date.

2. All prices of Services shown in the Price List are inclusive of VAT.

 

1. Eligibility to Attend a Session

1. We only make Services available to a “Consumer” (as defined in Clause 1 above), and Your application to register with Us will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to receive any Services from Us. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to receive any further Services. If at the time of such cancellation You have paid for Sessions as part of a Membership/Series but have not yet attended one or more such Sessions, We will refund You for those Sessions not yet attended and the refund will be for the number of Sessions in the Series not attended pro rata to the total number of Sessions in the Series.

2. We will not provide any Session for You unless You are aged 18 years or over. We may require evidence of Your age for that purpose.

1. Fitness, Health and Safety

1. You acknowledge that Sessions may be physically strenuous and You agree that You voluntarily participate in a Session with full knowledge that even if the Teacher and any other teacher involved in the Session is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise program and use of specialist equipment.

2. Certain Services may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

3. You must ensure that you are fit and well enough to participate in any Session that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

4. If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser and obtain their written consent where necessary before attending a Session. Advice provided by the Teacher or any other teacher involved in a Session at no time constitutes medical advice and is not a substitute for advice provided by a medical professional.

5. You agree that when You apply to register, and also when You book and attend any Session, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect your participation in any Session.

6. When You request a booking for a Session and at least 48 hours before You attend any Session:

   1. We advise You to tell Us of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at a Session.

   2. You must tell Us:

1. of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Session or to use any equipment or facilities provided by Us.

2. of any circumstances affecting Your health which may be worsened by any activities at a Session; and

3. if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy.

   1. We will discuss with You any such matter that You tell Us and inform You if We decide not to accept Your booking because of that medical, health or fitness issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue.

1. If You do not tell Us before a Session of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide all or any part that or any other Sessions You have booked and to treat any such Sessions (or part of them) as cancelled by You without notice, in which case We may make a charge to You as set out in sub-Clause 3.11 above for the Session in or before which We discovered the matter referred to in sub-Clause 6.5 or 6.6. If such a Session is part of a Membership/Series, We may also cancel the remaining Sessions in the Series and in that case We will refund You for each of the remaining Sessions an amount equal to the total price for the Series divided by the total number of Sessions in the Series.

2. You must not attend any Session when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

3. You should arrive at least 10 minutes prior to the start time of a Session, and before any warm up involved in that Session, to allow for a prompt start. If You know You are going to be late for a Session, You should contact Us to tell Us as soon as You can before the Session start time. If You arrive later than a Session start time and You arrive after any warm-up for that Session has begun, We will not permit You to participate in the Session for health and safety reasons.

4. You should not attempt to use any equipment or facilities until the Teacher or another suitably qualified teacher has instructed You in the correct use of the same.

5. You may only use the equipment and facilities provided by Us in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.

 

1. Our Rules

1. We do not permit You to:

7.1.1    smoke anywhere on Our premises;

7.1.2    make or receive mobile phone calls during a Session. Mobile phones should be switched to silent mode during a Session;

7.1.3    bring to Our premises any child/ren under the age of 5, unless We have given You express consent, for any person not invited by Us;

7.1.4    bring any animals into Our premises with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register; and

7.1.5    bring any drink (except your own bottle of water) or food or glassware into any part of Our premises unless We expressly consent when You make the booking for the Session/s concerned.

1. You must bring and use Your own mat in each Session.

2. You must bring a towel with You when You come to any Session.

3. You should wear a form of dress appropriate to Your Session.

However, if a Session requires any specific clothing, footwear, or other items, We will specify those requirements in advance and You must provide them for Yourself. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the location that We ask You to use. Footwear should be removed on entry to the studio and left in the location We that We ask You to use. Socks may be worn. Clothing should be close fitting rather than baggy so that the Teacher may assess that movement routines are carried out in the correct manner. Items of clothing with zips at the back should be avoided as these may cause you discomfort or damage equipment. Loosely swinging or sharp jewelry should be removed before a Session.

 

If You do not comply with any of these dress requirements, We may not allow You to participate in the Session.

1. You must familiarise Yourself with and follow any instructions or information which We give You from time to time or on any occasion relating to any fire or other emergency situation or to other issues relating to health or safety.

 

1. Events Beyond Our Reasonable Control

1. We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

2. If any such event referred to in sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Services as necessary. You may, without liability to Us, cancel any Session/s not taking place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Session/s. Where the cancelled Session/s is/are part of a Series, We will refund You for each such Session an amount equal to the total price for the Series divided by the total number of Sessions in the Series.

 

1. Limitation of Liability

1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

2. We provide or sell all Services to You only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).] We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

3. The Teacher and each of Our other teachers and instructors are appropriately qualified as pilates, yoga, meditation, dance, fitness teachers and are competent to conduct all Sessions assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.

4. If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by the Teacher or other teachers. We will not be responsible for any loss or damage to Your personal belongings caused by any other client or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.4. We therefore advise You not to bring any valuable belongings to Our premises.

5. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

6. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

   1. the Consumer Rights Act 2015;

   2. the Regulations;

   3. the Consumer Protection Act 1987; or

   4. any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

 

1. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

 

1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from our website at https://www.cultivatingmindfulness.org.uk/privacy-policy

1. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to register and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

 

1. Information

As required by the Regulations:

1. all of the information described in Clause 12; and

2. any other information which We give to You about any Services or Us which You take into account when registering or deciding to make a booking or when making any other decision about the Services;

 

will be part of the terms of Our contract with You as a Consumer.

 

1. Complaints

We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about a Teacher or Instructor please raise the matter with the Teacher at Our premises by email to hello@cultivatingmindfulness.org.uk

 

1. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

 

1. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

 

1. Law and Jurisdiction

1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

 

 

Cultivating Mindfulness understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of customers and will only collect and use our obligations and your rights under the law.

 

1.            Information About Us

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Cultivating Mindfulness was founded by Julie Griffin.

Data Protection contact: hello@cultivatingmindfulness.org.uk

 

2.            What Does This Policy Cover?

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This Privacy Notice Information explains how we will use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

 

3.            What is Personal Data?

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Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

 

4.            What Are My Rights?

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Under the GDPR, you have the following rights, which we will always work to uphold:

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a)            The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

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b)            The right to access the personal data we hold about you. Part 10 will tell you how to do this.

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c)            The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

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d)            The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.

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e)            The right to restrict (i.e. prevent) the processing of your personal data.

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f)             The right to object to us using your personal data for a particular purpose or purposes.

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g)            The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

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h)            Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

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i)              For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 12.

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Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

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If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

5.            What Personal Data Do You Collect?

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We may collect some or all of the following personal data (this may vary according to your relationship with us;

·         Name;

·         Address;

·         Email address;

·         Telephone number;

·         Information about your preferences and interests;

·         Business name; if applicable

·         Job title; if applicable

·         Profession; if applicable

·         Feedback and service reviews you have provided to us when booking or attending a course or event with us.

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Personal data may include communication that you send to us through emails, when you visit our website or complete the website contact form, text, social media you send us, including the promotional event emails we send you via;

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·         Gmail service – GDPR compliant.

·         Mailchimp service – GDPR compliant

-         Google analytics - GDPR compliant

·         wix - GDPR compliant. Cookies may also be used which are small pieces of data stored on a site visitor's browser, usually used to keep track of their movements and actions on a site. You can set up your browser to refuse all or some cookies, or to alert you when websites set or access cookies, please note some parts of this website may become inaccessible or not function properly.

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Take a look at the table below to view which cookies Wix implements on Wix sites:

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Cookie name                                       Life span                                  Purpose

                   svSession                                             Permanent                                Creates activities and BI

                   hs                                                          Session                                    Security

                   incap_ses_${Proxy-ID}_${Site-ID}        Session                                     Security

                   incap_visid_${Proxy-ID}_${Site-ID}      Session                                     Security

                   nlbi_{ID}                                                Persistent cookie                      Security

                   XSRF-TOKEN                                        Persistent cookie                      Security

                   smSession                                            Two weeks                                Identify logged in site members

 

 

6.            How Do You Use My Personal Data?

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Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

·         Providing and managing your account.

·         Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.

·         Personalising and tailoring our services for you.

·         Communicating with you. This may include responding to emails or calls from you.

·         Supplying you with information by email or post that you have opted-in to (you may unsubscribe or opt-out at any time by emailing us at; .

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With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or telephone or text message or post with information, news, and offers on services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

 

7.    How do you store, use, share and disclose your website visitors' personal information?

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Our website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

 
Currently we do not operate a payment gateways by Wix.com but should if we decide to offer this in the future our company would adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

Technical data such as about your use of our website may include your IP address, details about your browser, length of visit to the pages on our website, page views and navigation paths, details about the number of times you use our website. The source of this date is from our analytics tracking system to deliver relevant website content to you and to understand the effectiveness of our website and to grow our business.
 

 

8.            How Long Will You Keep My Personal Data?

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We will not keep your personal data for any longer than is necessary in light of the reasons for which it was first collected. We will retain it for the purposes of satisfying any legal, accounting or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

We may also use anonymous date for research or statistical purposes in which case we may use this information without further notice to you.

 

9.            How and Where Do You Store or Transfer My Personal Data?

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We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

 

Where we use certain service providers we may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

Where we share your data with external third parties, as detailed below in Part 9, that are based outside of the EEA. The following safeguards applied to such transfers:

We will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of personal data protection. More information is available from the European Commission.

 Where we transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

·         We use a Secure Sockets Layer (SSL) certification to ensure your data has a secure connected to our website from your browser.

·         All personal data is stored safely and securely with updated modern software and our systems are password protected and encrypted with appropriate backup in place.

·         All personal data will only be accessible to Cultivating Mindfulness personnel to avoid unauthorised data sharing.

·         In the event of a breach of security we shall assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.

 

10.         Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

11.         How Can I Access My Personal Data?

If you want to know what personal data we have about you or correct, amend or delete, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 3 weeks and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

12.         How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Julie Griffin):

Email address: hello@cultivatingmindfulness.org.uk

 

13.         Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available on our website.

 

Our Cookie Policy

TERMS AND CONDITIONS

 

BACKGROUND:

 

            This website https://www.cultivatingmindfulness.org.uk uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

 

 

1.            Definitions and Interpretation

1.1          In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

 

“Cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

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“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);

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“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by [the Data Protection Act 1998] OR [EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)]; and

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“We/Us/Our” means Cultivating Mindfulness

 

2.            Information About Us

2.1          Our Site is owned and operated by Julie Griffin

2.2          Our Data Protection Officer can be contacted by email at info@cultivatingmindfulness.org.uk,

2.3          We are a member of the Mindfulness Association

2.4          We are a member of the British Association of Mindfulness Based Aproaches (BAMBA)

 

3.            How Does Our Site Use Cookies?

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3.1          Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

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3.2          By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for communicating with you and understanding how you use and experience our services. For more details, please refer to section 4 below.

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3.3          All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:

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3.3.1     Strictly Necessary Cookies

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A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.

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3.3.2     Analytics Cookies

It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.

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3.3.3     Functionality Cookies

Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

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3.3.4     Targeting Cookies

It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests.

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3.3.5     Third Party Cookies

Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).

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3.3.6     Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.

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3.3.7     Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

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3.4          For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy .

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3.5          For more specific details of the Cookies that We use, please refer to the table below.

 

3.6          The following third party Cookies may be placed on your computer or device:

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Name of Cookie                                      Purpose & Type                                                     Strictly Necessary

svSession                                               Permanent, Creates activities and BI                      yes

hs                                                            Session, Security                                                    yes

incap_ses_${Proxy-ID}_${Site-ID}          Session, Security                                                     yes

incap_visid_${Proxy-ID}_${Site-ID}        Session, Security                                                     yes

nlbi_{ID}                                                  Persistent cookie                                                     yes

XSRF-TOKEN                                         Persistent cookie                                                      yes

 

3.7          Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

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3.8          The analytics service(s) used by Our Site use(s) analytics Cookies to gather the required information.

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3.9          The analytics service(s) used by Our Site use(s) the following analytics Cookies:

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Name of Cookie                                                   Purpose & Type                                                Provider                  Strictly Necessary

_ga                                                                       Used to distinguish users – 2 years                 Google                     yes

_gid                                                                      Used to distinguish users – 24 hours               Google                     yes

­_gat                                                                      Used to throttle request rate – 1 minute           Google                     yes

AMP_TOKEN                                                        Contains a token that can be used to              Google                     yes

                                                                              retrieve a Client ID from AMP Client ID

                                                                              service – 30 secs to 1 year

_gac_<property-id>_gac_<property-id>             Contains campaign related information           Google                    yes

                                                                              for the user.

4.            Consent and Control

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4.1          Before Cookies are placed on your computer or device, you will be shown a Cookie Pop Up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow and/or deny different categories of Cookie that We use. You can return to your Cookie preferences to review and/or change them at any time by closing the window or following the choice of actions at https://www.aboutcookies.org/how-to-control-cookies/

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4.2          In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

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4.3          The links below provide instructions on how to control Cookies in all mainstream browsers:

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4.3.1     Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB

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4.3.2     Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835

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4.3.3     Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)

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4.3.4     Safari (macOS): https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB

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4.3.5     Safari (iOS): https://support.apple.com/en-gb/HT201265

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4.3.6     Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences

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4.3.7     Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)

 

5.            Changes to this Cookie Policy

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5.1          We may alter this Cookie Policy at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you on your first use of Our Site after the changes have been made.  You are therefore advised to check this page from time to time.

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5.2          In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

6.            Further Information

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6.1          If you would like to know more about how We use Cookies, please contact Us at hello@cultivatingmindfulness.org.uk .

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6.2          For more information about privacy, data protection and our terms and conditions, please visit the following:

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6.2.1       Private Policy

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6.2.2       Terms and Conditions.