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For any other information about out Terms & Conditions or Privacy Policy please contact us at sarah@themulberrynailco.com

OUR PRIVACY POLICY

This is the privacy notice of The Mulberry Nail Co. In this document, "we", "our", or "us" refer to www.themulberrynailco.com

Our registered office is at 3 Petersfield Close, Lincoln, Lincolnshire, England, LN6 0WD.


Introduction
 

  1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

  2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

  3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.

  4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

  5. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).

  6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org

  7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
     

The basis on which we process information about you
 

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
 

1.Information we process because we have a contractual obligation with you


When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.


In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
 

We may use it in order to:

  1. verify your identity for security purposes

  2. sell products to you

  3. provide you with our services

  4. provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
 

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
 

2.Information we process with your consent
 

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.
 

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
 

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.


If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.


You may withdraw your consent at any time by instructing us at set@setdesign.london. However, if you do so, you may not be able to use our website or our services further.


3.Information we process for the purposes of legitimate interests


We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

  • whether the same objective could be achieved through other means

  • whether processing (or not processing) might cause you harm

  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

  • record-keeping for the proper and necessary administration of our organisation or business

  • responding to unsolicited communication from you to which we believe you would expect a response

  • protecting and asserting the legal rights of any party

  • insuring against or obtaining professional advice that is required to manage organisational or business risk

  • protecting your interests where we believe we have a duty to do so
     

4.Information we process because we have a legal obligation
 

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

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5.Information provided on the understanding that it will be shared with a third party

 

Our website may allow you to post information with a view to that information being read, copied, downloaded, or used by other people.
 

Examples include:

  1. posting a message our forum

  2. tagging an image

  3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
 

We do not specifically use this information except to allow it to be displayed or shared.


Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.


6.Complaints regarding content on our website
 

Our website is a publishing medium. Anyone may subscribe and then publish information about himself, herself or some other person.


We do not moderate or control what is posted.


If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.


Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.


7.Information relating to your method of payment
 

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
 

At the point of payment, you are transferred to a secure page on the website of Stripe | Square | PayPal | or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.


8.Job application and employment
 

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.


9.Sending a message to our support team
 

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business / organisation.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.


10.Complaining
 

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
 

Use of information we collect through automated systems when you visit our website
 

11.Cookies


Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.


Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.


If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.


We use cookies in the following ways:
 

  1. to track how you use our website

  2. to record whether you have seen specific messages we display on our website

  3. to keep you signed in our site

  4. to record your answers to surveys and questionnaires on our site while you complete them

  5. to record the conversation thread during a live chat with our support team
     

If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our site, or may otherwise adversely affect your user experience.

 

Please note that some third party services placing cookies or utilising other tracking technologies through our site may have their own policies regarding how they collect and store information. Such practices are not covered by our Privacy Policy and we do not have any control over them. 

 

12.Personal identifiers from your browsing activity
 

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.


We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.


If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.                    


Disclosure and sharing of your information
 

13.Information we obtain from third parties
 

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.
 

14.Data may be processed outside the European Union
 

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

Your data may be maintained, processed and stored by Wix and their authorised affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of their services and/or as may be required by law. Wix.com Ltd. is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the personal information of EU Member State residents.

Wix affiliates and service providers that store or process your data on Wix’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.Wix.com full privacy policy can be viewed here: https://www.wix.com/about/privacy


15.Access to your personal information
 

  1. To obtain a copy of any information of your personal information held by us you may send us a request at set@setdesgin.london

  2. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
     

16.Removal of your information
 

If you wish us to remove personally identifiable information from our website, you may contact us at set@setdesgin.london


This may limit the service we can provide to you.


17.Verification of your information
 

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
 

Other matters
 

18.Use of site by children
 

  1. We do not sell products or provide services for purchase by children, nor do we market to children.

  2. If you are under 18, you may use our website only with consent from a parent or guardian
     

19.Encryption of data sent between us
 

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
 

20.How you can complain
 

  1. If you are not happy with our privacy policy or if have any complaint then you should tell us by email. Our address is set@setdeisgn.london

  2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

  3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office. This can be done at https://ico.org.uk/concerns/
     

21.Retention period for personal data
 

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

  1. to provide you with the services you have requested;

  2. to comply with other law, including for the period demanded by our tax authorities;

  3. to support a claim or defence in court.  
     

22.Compliance with the law
 

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.


23.Review of this privacy policy


We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us at set@setdesign.london

TERMS & CONDITIONS

These terms and conditions are the contract between you and The Mulberry Nail Co. www.themulberrynailco.com  (“us”, “we”, etc).

By visiting or using Our Website, you agree to be bound by them.

I / We are The Mulberry Nail Co. of 3 Petersfield Close, Lincoln, Lincolnshire, England, LN6 0WD.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
 

These are the agreed terms

​

1.Definitions

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

"Intellectual Property"

means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.

“Services”

means the service provided from Our Website.
 

2.Children on Our Website

  1. Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:

  2. In the children categories, our volunteers have checked both the entries, and, where relevant, the links.

  3. We do not knowingly collect personal information from any person under the age of 16 years.

  4. Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.

  5. It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.

  6. Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.

  7. Filter software may also be useful to you.

  8. You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.

  9. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
     

3.Intellectual Property

You agree that at all times you will:

  1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

  2. notify us of any suspected infringement of the Intellectual Property;

  3. so far as concerns our work provided or made accessible by us to you, you will not:

    1. copy, or make any change to any part of its code;

    2. use it in any way not anticipated by this agreement;

    3. give access to it to any other person than you, the licensee in this agreement;

    4. in any way provide any information about it to any other person or generally.

  4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
     

4.Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

  3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

  4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

  5. The French & Drench  Website and  our Services are provided “as is”. We make no representation or warranty that Our Website will be:

    1. useful to you;

    2. of satisfactory quality;

    3. fit for a particular purpose;

    4. available or accessible, without interruption, or without error.

  6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

  7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;

  8. We shall not be liable to you for any loss or expense which is:

    1. indirect or consequential loss; or

    2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

  9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.
     

5.Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  3. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

  1. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland

  2. and you agree that any dispute arising from it shall be litigated only in that country.

 

 

A number of special points. We have identified each of these as important to protect you. Some are relevant to particular paragraphs in the document, some apply more generally. Some are included to strengthen your position generally. Do not delete unless you are quite positive of the legal effect of doing so.

For any other information about our Terms and Conditions or Privacy Policy please contact us at sarah@themulberrynailco.com

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