Privacy and terms

Privacy policy

This website privacy policy describes how Thoughtful protects and makes use of the information you give the company when you use this website. If you are asked to provide information when using this website, it will only be used in the ways described in this privacy policy.

This policy is updated from time to time. The latest version is published on this page. This website privacy policy was updated on 27 August 2017.

If you have any questions about this policy, please email hi@thisisthoughtful.com.

 

Introduction

We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website. We also collect information to better understand how visitors use this website and the present timely, relevant information to them.

 

What data we gather

We may collect the following information: Name; Contact information including email address; Demographic information; Website usage data; Other information relevant to client enquiries; Other information pertaining to special offers and surveys.

 

How we use this data

Collecting this data helps us understand what you are looking for from the company, enabling us to deliver improved products and services. Specifically we may use data: For our own internal records; To improve the products and services we provide; To contact you in response to a specific enquiry; To customise the website for you; To send you promotions about products, services offers and other things we think might be relevant to you; To contact you for market research reasons.

 

Cookies and how we use them

What is a cookie? A cookie is a small file placed on your computer’s hard drive. It enables our website to identify your computer as you view different pages on our website. Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use the website and what pages they tend to visit.

We may use cookies to:

  • Analyse our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content and functions.
  • Identify whether you are signed in to our website. A cookie allows us to check whether you are signed in to the site.
  • Test content on our website. For example, 50% of our users might see one piece of content, the other 50% a different piece of content.
  • Store information about your preferences. The website can then present you with information you will find more relevant and interesting.
  • To recognise when you return to our website. We may show you relevant content, or provide functionality you used previously.

Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us.

 

Controlling cookies

You can use your web browser’s cookie settings to determine how our website uses cookies. If you do not want our website to store cookies on your computer or device, you should set your web browser to refuse cookies. However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you.

Unless you have changed your browser to refuse cookies, our website will issue cookies when you visit it. To learn more about cookies and how they are used, visit All About Cookies.

 

Controlling information about you

When you fill in a form or provide your details on our website, you are opting in to receiving communications from us. If you have agreed that we can use your information for communication purposes, you can change your mind easily by sending an email to hi@thisisthoughtful.com.

We will never lease, distribute or sell your personal information to third parties unless we have your permission or the law requires us to. Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 1998.

 

Security

We will always hold your information securely. To prevent unauthorised disclosure or access to your information, we have implemented strong physical and electronic security safeguards. We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 1998.

 

Links from our site

Our website may contain links to other websites. Please note that we have no control of websites outside the www.thisisthoughtful.com domain. If you provide information to a website to which we link, we are not responsible for its protection and privacy. Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.

 

Terms and conditions

  1. Introduction

1.1     These terms and conditions shall govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 13 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

  1. Credit

2.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 

  1. Copyright notice

3.1     Copyright (c) 2017 Thoughtful Works.

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.

 

  1. Licence to use website

4.1     You may:

(a)     view pages from our website in a web browser;

(b)     download pages from our website for caching in a web browser;

(c)     print pages from our website;

(d)     stream audio and video files from our website; and

(e)     use our website services by means of a web browser,

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 terms and conditions, 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 terms and conditions, 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, or have express written consent from us, 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 newsletter 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.

 

  1. 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;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)     access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)     use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3     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.

 

  1. Registration and accounts

6.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.2     You may register for an account with our website by completing and submitting the account registration form on our website.

6.3     You must not allow any other person to use your account to access the website.

6.4     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5     You must not use any other person’s account to access the website.

 

  1. User IDs and passwords

7.1     If you register for an account with our website, you will be asked to provide your name and email address. We may also ask you to choose a user ID and password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

  1. Cancellation and suspension of account

8.1     We may:

(a)     suspend your account;

(b)     cancel your account; and/or

(c)     edit your account details,

at any time in our sole discretion without notice or explanation.

8.2     You may cancel your account by clicking the unsubscribe link at the end of our email newsletters or, in the case of having submitted a user ID and password, by using your account control panel on our website.

 

  1. Your content: licence

9.1     In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on and in relation to this website.

9.3     You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6     You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

  1. Your content: rules

10.1   You warrant and represent that your content will comply with these terms and conditions.

10.2   Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3   Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)     be libellous or maliciously false;

(b)     be obscene or indecent;

(c)     infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)     infringe any right of confidence, right of privacy or right under data protection legislation;

(e)     constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)     be in contempt of any court, or in breach of any court order;

(h)     be in breach of racial or religious hatred or discrimination legislation;

(i)      be blasphemous;

(j)      be in breach of official secrets legislation;

(k)     be in breach of any contractual obligation owed to any person;

(l)      depict violence in an explicit, graphic or gratuitous manner;

(m)    be pornographic, lewd, suggestive or sexually explicit;

(n)     be untrue, false, inaccurate or misleading;

(o)     consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)     constitute spam; or

(q)     be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

 

  1. Limited warranties

11.1   We do not warrant or represent:

(a)     the completeness or accuracy of the information published on our website;

(b)     that the material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

11.2   We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3   To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

  1. Limitations and exclusions of liability

12.1   Nothing in a contract under these terms and conditions will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

12.2   The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:

(a)     are subject to Section 12.1; and

(b)     govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.3   To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6   We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7   We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

  1. Breaches of these terms and conditions

13.1   Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions 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;

(d)     block computers using your IP address from accessing our website;

(e)     contact any or all of your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)     suspend or delete your account on our website.

13.2   Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

  1. Variation

14.1   We may revise these terms and conditions from time to time.

14.2   The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3   If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

  1. Assignment

15.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2   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 terms and conditions.

 

  1. Severability

16.1   If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2   If any unlawful and/or unenforceable provision of a contract under these terms and conditions 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.

 

  1. Third party rights

17.1   A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2   The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

  1. Entire agreement

18.1   Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

  1. Law and jurisdiction

19.1   A contract under these terms and conditions shall be governed by and construed in accordance with English law.

19.2   Any disputes relating to a contract under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

 

  1. Statutory and regulatory disclosures

20.1   We are registered in Companies House; our registration number is 09339028.

20.2   Our VAT number is 219822595.

 

  1. Our details

21.1   This website is owned and operated by Thoughtful Works.

21.2   We are registered in England and Wales under registration number 09339028, and our registered office is at 1 Vincent Square, London, United Kingdom, SW1P 2PN.

21.3   You can contact us by writing to the business address given above or by email to hi@thisisthoughtful.com.