Cookie Policy
This website wildkindphotography.com (“My Site”) uses Cookies and similar technologies to tell you apart from other users. By using Cookies, I am able to provide you with a better experience and to improve My Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of My Cookie Policy is deemed to occur if you continue using My Site. If you do not agree to My Cookie Policy, please stop using My 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 My Site when you visit certain parts of My Site and/or when you use certain features of My Site;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003and, where applicable, the UK GDPR;
“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 UK GDPR and the Data Protection Act 2018 (the “Data Protection Legislation”); and
“I/My/Me” means Wild Kind Photography, a sole trader whose address is 5A St. James Road, New Brighton, Wallasey CH45 9LR.
2. Information About Us
My Site is operated by Wild Kind Photography, a sole trader registered in England.
Registered address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
Representative: Kayleigh King.
Email address: hello@wildkindphotography.com.
Telephone number: 07383828141.
Postal address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
3. How Does My Site Use Cookies?
3.1 My Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Me and are used only by Me. I use Cookies to facilitate and improve your experience of My Site and to provide and improve My products services. I have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
3.2 By using My 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 Me. Third party Cookies are used on My Site for targeted ads, site usage tracking, email service subscription options, and social media plugins . For more details, please refer to section 4 below.
3.3 All Cookies used by and on My Site are used in accordance with current Cookie Law. I may use some or all of the following types of Cookie:
3.3.1 Strictly Necessary Cookies
A Cookie falls into this category if it is essential to the operation of My Site, supporting functions such as logging in, your shopping basket, and payment transactions.
3.3.2 Analytics Cookies
It is important for Me to understand how you use My Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable Me to gather this information, helping Me to improve My Site and your experience of it.
3.3.3 Functionality Cookies
Functionality Cookies enable Me to provide additional functions to you on My 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.
3.3.4 Targeting Cookies
It is important for Me to know when and how often you visit My 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 Me to better understand you and, in turn, to make My Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.
3.3.5 Third Party Cookies
Third party Cookies are not placed by Me; instead, they are placed by third parties that provide services to Me and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on My Site, or by third parties providing analytics services to Me (these Cookies will work in the same way as analytics Cookies described above).
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 My Site.
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 My Site until you close your browser. Session Cookies are deleted when you close your browser.
3.4 Cookies on My Site are not permanent and will expire as indicated in the table below.
3.5 For more details of the personal data that I collect and use, the measures I have in place to protect personal data, your legal rights, and My legal obligations, please refer to My Privacy Policy.
3.6 For more specific details of the Cookies that I use, please refer to the table below.
4. What Cookies Does My Site Use?
4.1 The following first party Cookies may be placed on your computer or device:
Name of Cookie | Purpose & Type | Strictly Necessary
1. hs | First Party used for security reasons | Yes
2. XSRF-TOKEN | First Party cookie is written to help with site security in preventing Cross-Site Request Forgery attacks | Yes
3. ssr-caching | First Party cookie indicates how a site was rendered
4. svSession | First Party targeting cookie identifies unique visitors and tracks a visitor’s sessions on a site | No
4.2 The following third party Cookies may be placed on your computer or device:
Name of Cookie | Purpose & Type | Strictly Necessary
AWSALBCORS | Third Party for Instagram Plugin | Yes
4.3 My Site uses analytics services provided by Wix. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how My Site is used. This, in turn, enables Me to improve My Site and the products services offered through it. You do not have to allow Me to use these Cookies, however whilst My use of them does not pose any risk to your privacy or your safe use of My Site, it does enable Me to continually improve My Site, making it a better and more useful experience for you.
4.4 The analytics service(s) used by My Site use(s) analytics Cookies to gather the required information.
4.5 The analytics service(s) used by My Site use(s) the following analytics Cookies - nothing behind the built-in wix one at the moment.
5. Consent and Control
5.1 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 Me 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 My Site may not function fully or as intended.
5.2 In addition to the controls that I 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.
5.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
5.3.1 Google Chrome: https://support.google.com/chrome/answer/95647?hl=en- GB
5.3.2 Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835
5.3.3 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)
5.3.4 Safari (macOS):
https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB
5.3.5 Safari (iOS): https://support.apple.com/en-gb/HT201265
5.3.6 Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable- Cookies-website-preferences
5.3.7 Android:
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3D Android&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)
6. Changes to this Cookie Policy
6.1 We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of My Site after the changes have been made. You are therefore advised to check this page from time to time.
6.2 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.
7. More Information
7.1 If you would like to know more about how I use Cookies, please contact Me at hello@wildkindphotography.com
7.2 For more information about privacy, data protection and my terms and conditions, please visit the following:
7.2.1 Privacy Policy
7.2.2 Terms of Use
Privacy Policy
Wild Kind Photography understands that your privacy is important to you and that you care about how your personal data is used. I respect and value the privacy of everyone who visits this website, wildkindphotography.com (“My Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested upon visiting My Site.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of My Site;
“Cookie” means a small text file placed on your computer or device by My Site when you visit certain parts of My Site and/or when you use certain features of My Site. Details of the Cookies used by My Site are set out in Part 14, below; and
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, where applicable, the UK GDPR.
2. Information About Me
My Site is operated by Wild Kind Photography, a sole trader registered in England.
Registered address: 17 Halsall Court, Ormskirk, Lancashire, L39 3PU.
Representative: Kayleigh King.
Email address: hello@wildkindphotography.com.
Telephone number: 07383828141.
Postal address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
3. What Does This Policy Cover?
This Privacy Policy applies only to your use of My Site. My Site may contain links to other websites. Please note that I have no control over how your data is collected, stored, or used by other websites and I advise you to check the privacy policies of any such websites before providing any data to them.
4. What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) 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.
5. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which I will always work to uphold:
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 15.
b) The right to access the personal data I hold about you. Part 13 will tell you how to do this.
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 15 to find out more.
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 I hold. Please contact us using the details in Part 15 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if I rely on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, I am 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.
i) Rights relating to automated decision-making and profiling. I do not use your personal data in this way.
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 15.
It is important that your personal data is kept accurate and up to date. If any of the personal data I hold about you changes, please keep us informed as long as I have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
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.
I would welcome the opportunity to resolve your concerns myself, however, so please contact us first, using the details in Part 15.
6. What Data Do You Collect and How?
Depending upon your use of My Site, I may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies our Cookie Policy. I do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to children or data relating to criminal convictions and/or offences.
7. How Do You Use My Personal Data?
Under the Data Protection Legislation, I must always have a lawful basis for using personal data. The following table describes how I may use your personal data, and our lawful bases for doing so:
With your permission and/or where permitted by law, I may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. I will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. I will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
I will only use your personal data for the purposes for which it was originally collected unless I reasonably believe that another purpose is compatible with that or those original purposes and need to use your personal data for that purpose. If I do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.
If I need to use your personal data for a purpose that is unrelated to, or incompatible with, the purposes for which it was originally collected, I will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, I may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
8. How Long Will You Keep My Personal Data?
I will not keep your personal data for any longer than is necessary in light of the reasons for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
9. How and Where Do You Store or Transfer My Personal Data?
I will only store or transfer personal data in or to countries that are deemed to provide an adequate level of protection for personal data. For further information about adequacy decisions and adequacy regulations, please refer to the Information Commissioner’s Office.
10. Do You Share My Personal Data?
I will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If I sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that I have used it, as specified in this Privacy Policy.
In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
I may sometimes contract with the following third parties to supply certain products and services.
If any of your personal data is shared with a third party, as described above, I will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.
If any personal data is transferred outside of the UK, I will take suitable 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 Data Protection Legislation, as explained above in Part 9.
11. How Can I Control My Personal Data?
11.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via My Site, you may be given options to restrict our use of your personal data. In particular, I 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.
11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
12. Can I Withhold Information?
You may access certain areas of My Site without providing any personal data at all. However, to use all features and functions available on My Site you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see Part 14 and our Cookie Policy.
13. How Can I Access My Personal Data?
If you want to know what personal data I have about you, 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 15.
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.
I will respond to your subject access request within 21 days and, in any case, not more than one month of receiving it. Normally, I 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 I receive your request. You will be kept fully informed of our progress.
14. How Do You Use Cookies?
My 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. I use Cookies to facilitate and improve your experience of My Site and to provide and improve our products and services. In addition, My Site uses analytics services provided by [Insert name of Analytics service provider], which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use My Site. For more details, please refer to our Cookie Policy
15. How Do I Contact You?
To contact about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email address: hello@wildkindphotography.com.
Telephone number: 07383828141.
Postal address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
16. Changes to this Privacy Policy
I may change this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if I change our business in a way that affects personal data protection.
Any changes will be immediately posted on My Site, and you will be deemed to have accepted the terms of the Privacy Policy on your first use of My Site following the alterations.
I recommend that you check this page regularly to keep up to date. This Privacy Policy was last updated on 10 January 2024.
Terms of Use
By Using My Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using My Site. These Terms and Conditions, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, wildkindphotography.com (“My Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 21 August 2023.
Your agreement to comply with these Terms and Conditions is indicated by your use of My Site. If you do not agree to these Terms and Conditions, you must stop using My Site immediately.
The following documents also apply to your use of My Site:
• My Privacy Policy.
• My Cookie Policy.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contact Tools” means any online communications facility that I make available on My Site enabling you to contact Me including, but not limited to, contact forms and live chat;
“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, My Site; and
“I/Me/My” means Wild Kind Photography.
2. Information About Me
My Site is operated by Wild Kind Photography, a sole trader registered in England.
Registered address: 17 Halsall Court, Ormskirk, Lancashire, L39 3PU.
Representative: Kayleigh King.
Email address: hello@wildkindphotography.com.
Telephone number: 07383828141.
Postal address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
3. How to Contact Me and Your Use of My Contact Tools
3.1 To contact Me by email, please email Me at hello@wildkindphotography.com or to contact Me by telephone, please call Me on 07383828141.
3.2 I provide the following Contact Tools for you to contact Me:
3.3 When using My Contact Tools or contacting Me by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material);
c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual
orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not breach any of the
other content standards in this Part 3);
n) implies any form of affiliation with Me or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Me or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence. OR
3.4 I may monitor any and all communications made using My Contact Tools.
3.5 Any personal information sent to Me, whether via My Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and My obligations under data protection law, as set out in My Privacy Policy.
4. Access to My Site
4.1 Access to My Site and Content is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access MySite.
4.3 Access to My Site is provided on an “as is” and on an “as available” basis. I may suspend or discontinue My Site (or any part of it) at any time. I do not guarantee that My Site will always be available or that access to it will be uninterrupted.
5. Changes to My Site
I may alter and update My Site (or any part of it) at any time.
6. Changes to these Terms and Conditions
6.1 I may alter these Terms and Conditions at any time. If I do so, details of the changes will be highlighted at the top of this page. As explained above, your use of My Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of My Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use My Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless I explicitly state otherwise.
7. How You May Use My Site and Content (Intellectual Property Rights)
7.1 All Content included on My Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Me, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
7.2 You may access, view, and use My Site in a web browser (including any web browsing capability built into other types of software or app) and you may download My Site (or any part of it) for caching (this usually occurs automatically).
7.3 You may print copies and download extracts of any page(s) from My Site for personal use.
7.4 You may download and save any Content from My Site where I clearly indicate that it is available for download.
7.5 You may not use any Content (including, but not limited to that which you have saved or downloaded) from My Site for commercial purposes without first obtaining a licence from Me (or My licensors, as applicable). This does not prevent the normal access, viewing, and use of My Site for general information purposes by business users or consumers.
7.6 You may not systematically copy, save, or download Content from My Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database without My express written permission.
7.7 Unless expressly stated in these Terms and Conditions or on My Site, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site without My express written permission. For further information about the re-use of Content from My Site, please Contact Me using the details provided above in Part 3.
7.8 My status as the owner and author of the Content on My Site (or that of identified licensors, as applicable) must always be acknowledged.
7.9 If you wish to use any Content from My Site in any way that is not permitted under these Terms and Conditions, or if you have any other questions relating to the use of Content from My Site, please contact Me using the details provided above in Part 3.
8. Links to My Site
8.1 You may link to any page on My Site.
8.2 Links to My Site must be fair and lawful. You must not take unfair advantage of My reputation or attempt to damage My reputation.
8.3 You must not link to My Site in a manner that suggests any association with Me (where there is none) or any endorsement or approval from Me (where there is none).
8.4 Your link should not use any logos or trade marks displayed on My Site without My express written permission.
8.5 You must not frame or embed My Site on another website without My express written permission.
8.6 You may not link to My Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that I deem to be otherwise objectionable.
9. Links to Other Sites
9.1 Links to other websites may be included on My Site. Unless expressly stated, these sites are not under My control. I accept no responsibility or liability for the content of third-party websites.
9.2 The inclusion of a link to another website on My Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
10. Advertising
I may feature advertising on My Site. I are not responsible for the content of any advertising on My Site including, but not limited to any errors, inaccuracies, or omissions in such advertising. Each advertiser is responsible for the content of their own advertising material. For further information about advertising, please refer to the advertiser's site.
11. Disclaimers
11.1 Nothing on My Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
11.2 The opinions, views, and values expressed on Content on My Site are those of the authors of that Content and do not represent My opinions, views, or values.
11.3 To the extent permitted by law, I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up to date, but I make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.4 If you are a business user, I exclude all implied representations, warranties, conditions, and other terms that may apply to My Site and Content.
12. My Liability
12.1 Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using My Site in the course of business or for commercial purposes), to the fullest extent permissible by law, I accept no liability 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) My Site or the use of or reliance upon any Content iincluded on My Site.
12.3 If you are a business user, I accept no liability for loss of profit, 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.
12.4 If you are a consumer, you agree that [you will not use My Site for any commercial or business purposes and that I shall have no liability to you for any business losses as set out above.
13. Viruses, Malware, and Security
13.1 I exercise reasonable skill and care to ensure that My Site is secure and free from viruses and malware; however, I do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
13.4 You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
13.5 You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.
14. Acceptable Usage of My Site
14.1 You may only use My Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use My Site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use My 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.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. I may take one or more of the following actions in response:
a) Suspend or terminate your right to use My Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or
f) Any other actions which I deem reasonably appropriate (and lawful).
14.3 I hereby exclude any and all liability arising out of any actions that I may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
15. How I Use Your Personal Information
I will only use your personal information as set out in My Privacy Policy and My Cookie Policy.
16. Communications from Me
16.1 If I have your contact details, I may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to My Site or to these Terms and Conditions.
16.2 I will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Me include an unsubscribe link. If you opt out of emails from Me, it may take up to 7 for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Me, please contact Me using the details above in Part 3.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Me relating to these Terms and Conditions or to the relationship between you and Me (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.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Me relating to these Terms and Conditions or to the relationship between you and Me (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.