COPY & CONVERSATION
© theoffbeatagency 2018
The Offbeat Agency: T&Cs
1.1 These terms and conditions (‘T&Cs’) shall govern your use of our website.
1.2 By using our website, you accept these T&Cs in full; accordingly, if you disagree with these T&Cs or any part of T&Cs, you must not use our website.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Copyright notice
3.1 Copyright (c) The Offbeat Agency 2016.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) stream audio and video files from our website;
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these T&Cs, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these T&Cs, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our Updates in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Limitations and exclusions of liability
6.1 Nothing in these T&Cs will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these T&Cs:
(a) are subject to Section 6.1; and
(b) govern all liabilities arising under these T&Cs or relating to the subject matter of these T&Cs, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these T&Cs.
6.3 To the extent that our website and the information on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7. Breaches of these T&Cs
7.1 Without prejudice to our other rights under these T&Cs, if you breach these T&Cs in any way, or if we reasonably suspect that you have breached these T&Cs in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website.
8.1 We may revise these T&Cs from time to time.
8.2 The revised T&Cs shall apply to the use of our website from the date of publication of the revised T&Cs on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these T&Cs.
9.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs.
9.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these T&Cs.
10.1 If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these T&Cs would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Entire agreement
12. Law and jurisdiction
12.1 These T&Cs shall be governed by and construed in accordance with Spanish Law.
12.2 Any disputes relating to these T&Cs shall be subject to the exclusive jurisdiction of the courts of Barcelona.
13. Our details
13.1 This website is owned and operated by Joanna Lee.
13.2 We are registered in Barcelona, Spain.
13.3 You can contact us by email, using the email address published on our website.
1.1 We are committed to safeguarding the privacy of our website visitors.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors in other words, where we determine the purposes and means of the processing of that personal data.
2.1 This document is based on a template by SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
3.2 We may process data about your use of our website ("usage data"). The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website.
3.3 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
3.4 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) Name and email will be retained for the purposes of sending updates and/or newsletters until you ask to be unsubscribed.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing;
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.9 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.10 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.11 You may exercise any of your rights in relation to your personal data by contacting us by email.
9. Cookies used by our service providers
10. Managing cookies
10.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
10.2 Blocking all cookies will have a negative impact upon the usability of many websites.
10.3 If you block cookies, you will not be able to use all the features on our website.
11. Our details
11.1 This website is owned and operated by Joanna Lee, based in Barcelona, Spain.
11.2 You can contact us by email: email@example.com