You must be over 18 years of age to use our e-design service or to order other services or products via our Site.
1. DEFINITIONS + INTERPRETATION
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and
“We/Us/Our” means The Bungalow Cottage of P.O. Box 106, Devonshire DV BX, Bermuda.
2. ACCESS TO OUR SITE
2.1 It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.2 Access to our Site is free of charge. Access is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable intellectual property laws.
3.2 Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from our Site unless we give you express written permission to do so.
3.3 You may:
3.3.1 Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 Download our Site (or any part of it) for caching;
3.3.3 Print pages from our Site;
3.3.4 Download extracts from pages on our Site; and
3.3.5 Save pages from our Site for later and/or offline viewing.
3.4 You must always acknowledge our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate).
3.5 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a license from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes, whether by business users or consumers.
4. LINKS TO OUR SITE
4.1 You may link to our Site provided that:
4.1.1 You do so in a fair and legal manner;
4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
4.1.3 You do not use any logos or trade marks displayed on our Site without our express written permission; and
4.1.4 You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
4.2 Framing or embedding of our Site on other websites is not permitted without our express written permission.
4.3 You may not link to our Site from any other site, the main content of which contains material that:
4.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
4.3.2 promotes violence;
4.3.3 promotes or assists in any form of unlawful activity;
4.3.4 discriminates against, or is in any way defamatory towards, any person or group of people;
4.3.5 is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
4.3.6 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
4.3.7 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
4.3.8 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
4.3.9 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
4.4 The restrictions in clause 4.3 do not apply to content submitted to sites by other users, provided that the primary purpose of the site meets with the provisions of clause 4.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
5. LINKS TO OTHER SITES
Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6.1 Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
6.2 Insofar as is permitted by law, we make no representation, warranty or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.3 We make reasonable efforts to ensure that the Content on our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that this will be the case.
7. VIRUSES, MALWARE + SECURITIES
7.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
7.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
7.3 You must not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via our Site.
7.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer or database connected to our Site.
7.5 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
7.6 By breaching the provisions of clauses 7.3 to 7.5, you may be committing a criminal offence under the Computer Misuse Act 1996. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.
8. ACCEPTABLE USAGE POLICY
8.1 You may only use our Site in a manner that is lawful. Specifically:
8.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
8.1.2 you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
8.1.3 you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
8.1.4 you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
8.2.1 suspend, whether temporarily or permanently, your right to access our Site;
8.2.2 issue you with a written warning;
8.2.3 take legal proceedings against you for reimbursement of any and all relevant costs incurred as a result of your breach;
8.2.4 take further legal action against you as appropriate;
8.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
8.2.6 any other actions which we deem reasonably appropriate (and lawful).
9. OUR LIABILITY
9.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
9.2 To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
9.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
9.7 If you are a consumer visiting our Site, please contact your local Citizens’ Advice Bureau or Trading Standards Office for full details of your legal rights, including those relating to digital content.
10. PRIVACY + COOKIES
12. CONTACTING US
To contact us, please email us at firstname.lastname@example.org or use any of the methods provided on our contact page.
13. LAW + JURISDICTION
13.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
Last Update: June 1, 2020
We understand that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.bungalow-cottage.com (“our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
1. DEFINITIONS + INTERPRETATION
In this Policy, the following terms shall have the following meanings:
“Cookie” means a small text 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. Details of the Cookies used by our Site are set out in clause 13, below;
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via our Site. This definition shall, where applicable, incorporate the definitions provided in the General Data Protection Regulation 2016/679 (“GDPR”); and
“We/Us/Our” means The Bungalow Cottage of 21 Chaingate Hill, Devonshire FL01, Bermuda.
2. INFORMATION ABOUT US
2.1 We own and operate this Site.
2.2 Our main point of contact for data protection related queries is Michelle Samuels and they can be contacted by email at email@example.com.
3. WHAT DOES THIS POLICY COVER?
4. YOUR RIGHTS
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and our use of personal data have been designed to uphold:
4.1.1 The right to be informed about our collection and use of personal data;
4.1.2 The right of access to the personal data we hold about you (see clause 12);
4.1.3 The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in clause 14);
4.1.4 The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (we only hold your personal data for a limited time, as explained in clause 6 but if you would like us to delete it sooner, please contact us using the details in clause 14);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about our use of your personal data, please contact us using the details provided in clause 14 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the Bermuda’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau.
5. WHAT DATA DO WE COLLECT?
5.1.3 contact information such as email address and telephone number;
5.1.4 demographic information such as post code, preferences, and interests;
5.1.5 IP address;
5.1.6 web browser type and version; and
5.1.7 operating system.
6. HOW DO WE USE YOUR DATA?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the GDPR at all times. For more details on security, see clause 7 below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
6.2.1 Providing and managing your access to our Site;
6.2.2 Personalising and tailoring your experience on our Site;
6.2.3 Supplying our services to you (please note that we require your personal data in order to enter into a contract with you);
6.2.4 Replying to emails from you;
6.2.5 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time);
6.2.6 Analysing your use of our Site to enable us to continually improve our Site and your user experience.
6.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes, which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Third parties whose content appears on our Site may use third party Cookies, as detailed below in clause 13. Please refer to clause 13 for more information on controlling Cookies. Please note that we do not control the activities of such third parties or the data they collect and use, and we advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to us using your personal data at any time and to request that we delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
7. HOW + WHERE DO WE STORE YOUR DATA?
7.1 We only keep your personal data for as long as we need to in order to use it as described above in clause 6, and/or for as long as we have your permission to keep it.
7.2 Your data will be stored in Bermuda.
7.3 Data security is very important to us and to protect your data, we have taken suitable measures to safeguard and secure data collected through our Site.
8. DO WE SHARE YOUR DATA?
8.1 We may sometimes contract with other third parties to supply services to you on our behalf. These may include search engine facilities, sub-contractors and suppliers, affiliates and joint ventures. In some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely and in accordance with your rights, our obligations, and the obligations of the third party under the law.
8.2 We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying data or any anonymised data that can be combined with other data and used to identify you. We may, from time to time, share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
8.3 We may sometimes use third party data processors that are located outside of the Bermuda. Where we transfer any personal data outside Bermuda, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within Bermuda and under the GDPR.
8.4 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order or a governmental authority.
9. WHAT HAPPENS IF OUR BUSINESS CHANGES HANDS?
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
10. HOW CAN YOU CONTROL YOUR DATA?
10.1 In addition to your rights under the GDPR, set out in clause 4, when you submit personal data to us via email or via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).
11. YOUR RIGHT TO WITHHOLD INFORMATION
11.1 You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site, you may be required to submit or allow for the collection of certain data.
12. HOW CAN YOU ACCESS YOUR DATA?
You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in clause 14.
13.1 All Cookies used by and on our Site are used in accordance with current Cookie law.
13.2 We may place and access the following first party and third party Cookies on your computer or device, to facilitate and improve your experience of our Site and to provide and improve our services:
Cookie Name Description & purpose
(_ga) - This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
(_gid) - This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.
(_gat) - For performance.This cookie is installed by Google Universal Analytics to throttle the request rate to limit the collection of data on high traffic sites.
13.3 First party Cookies are those placed directly by us and are used only by us. Third party Cookies are those placed by websites, services and/or parties other than us. These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.
13.4 Before Cookies are placed on your computer or device, you will be shown a 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; however certain features of our Site may not function fully or as intended.
13.5 Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are also shown above. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed in section 11.2, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.7 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access our Site more quickly and efficiently.
13.8 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Last Update: June 1, 2020