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INTRODUCTION
These Terms and Conditions set out how you (the User) can use this Site. Please read them carefully. These terms may change from time and the terms in force will be displayed on this page.
Our Privacy Statement is set out in a separate page and confirms how we use data relating to you and it forms part of these Terms of Use.
Separate legal terms apply to the delivery of our services. Should you wish to work with us you will be provided with contractual terms to review and consider in advance to joining any of our coaching services.
ABOUT US AND HOW TO CONTACT US
THENAILTECH.ORG LTD (trading as The Nail Tech Org), is a limited company registered in England and Wales with registration number 12895844 and having its registered office at 5 Yarrow Avenue, Liverpool, England, L31 9DQ. You can contact us directly at our office address or via the contact form on our website: https://thenailtech.org/contact/
SITE USE
By visiting https://thenailtech.org/ you are consenting our terms and conditions as set out below. Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.
This website, https://thenailtech.org/will be referred to as the “Site”. All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “Nail Tech Org”, “We”, “Us” and “Our” refer to THENAILTECH.ORG LTD. Accessing and using the Site constitutes acceptance of the Terms of Use.
By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.
This Site is intended for use by persons who are a minimum of 18 years old.
You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.
This Site is directed to people residing in the United Kingdom. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.
In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
TERMS
The content on this Site, and the associated social media channels (via @thenailtechorg) and email marketing, will include information on nail art and technique tutorials. There is also a focus on sharing information for nail technicians in respect of business, mindset and confidence. All content is intended for informational purposes only. No content in emails, blog posts or social media posts should be construed as specific coaching or mentoring advice.
SITE OPERATION
This Site is available free of charge.
We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.
We do not guarantee that this Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
PRIVACY POLICY
Our business has a privacy policy. The key elements of that policy are set out on this Site in our Privacy Statement, last updated 10th January 2023. The Privacy Statement can be found at https://thenailtech.org/privacy
INTELLECTUAL PROPERTY RIGHTS
This Site contains intellectual property created and owned by THENAILTECH.ORG LTD unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels are subject to copyright.
All rights are reserved and no permission is given to directly reprint or republish the site content in part or in full without acknowledgement and links back to the original page or content source. At no point are you entitled to claim rights over our intellectual property.
Should you wish to utilise the content on this Site please contact us by email to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.
For all copyright requests please contact [email protected]
LOSS OR DAMAGE
Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
DISCLAIMERS
The information on this website is intended for entertainment and information purposes only and does not constitute medical advice. The information on this Site is provided without any representations or warranties, express or implied.
You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.
You must not rely on the information on our Site as an alternative to medical advice from your doctor or other professional healthcare provider and you should always be aware of the risk of adverse reaction to nail and hand products. If you have any specific questions about a medical matter you should consult your GP or other relevant health professional. If you believe you may be suffering from a medical condition you should seek immediate medical attention. You should never delay in seeking medical advice because of information on our website or social media channels.
Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Nothing in this disclaimer 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.
This Site may contain links to other sites. These sites are not under our control and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should note be interpreted as approval or endorsement by us.
Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.
JURISDICTION AND DISPUTE RESOLUTION
These Terms are governed by the laws of England & Wales. The Courts of England & Wales have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site.
COOKIES POLICY
This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree – to help our Site provide a better user experience.
Cookies do not typically include identifying personal information but cookies may also be linked to personal information which is stored about you.
We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.
In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.
Except for essential cookies, all cookies expire within a reasonable period of time.
MISCALLENEOUS
Whilst using this Site you may provide personal information about yourself including your name and email address. When providing these details, you agree to provide accurate and up to date information.
For the avoidance of doubt the Terms of Use stand as terms only, there is no intention to create a contract.
We take safeguarding online privacy seriously. Please read the whole of this statement carefully as it sets out what information we may collect from you, how we may use it, and your rights as a data subject in respect of our use and the key details of our Privacy Policy.
Our Privacy Statement governs any kind of processing where we are acting as a data controller or co-controller (including collection, use, transfer, storage and deletion) of personally identifiable information (any information that may be used to identify a physical person, and any other information associated therewith) about natural persons. This statement applies to our processing of data collected through any means, actively as well as passively, from persons located anywhere in the world.
From time to time, we may need to change our Privacy Policy because of changes in our organisation, legislation, or in our attempts to serve your needs better. We will use reasonable efforts to publish any changes to our Privacy Statement.
The Nail Tech Org FZCO is responsible for collecting, processing, storing, and safe-keeping personal and other information as part of providing a service and carrying out our regular business activities. We manage personal information in accordance with the Data Protection Act and General Data Protection Regulations and we are registered as a Data Controller with the Information Commissioner’s Office Registration Number 00016700473
Any questions regarding our processing of personal data should be directed to us via the contact form on our website.
SCOPE
Our Privacy Statement governs any kind of processing where we are acting as a data controller or co-controller (including collection, use, transfer, storage, and deletion) of personally identifiable information (any information that may be used to identify a physical person, and any other information associated therewith) about natural persons. This Privacy Statement applies to our processing of data collected through any means, actively as well as passively, from persons located anywhere in the world.
We are guided by the following principles when processing data:
INFORMATION COLLECTED
The information we may collect about you could include, but is not limited to:
If we obtain special category data from you we will always get your consent first. We will make it clear at the point when we request your information, what we are collecting special category data for and how we are going to use it.
We will collect information from you when:
We may use the information collected to:
INFORMATION COLLECTION AND STORAGE
If you provide us with your email address it will be stored, along with your first name and surname via our email marketing software.
Payments for purchases made by our site are handled, either directly through Stripe or PayPayl who both have their own privacy policies. We do not collect or store payment information.
We will never sell or share your personal information with third parties.
LEGAL BASIS FOR PROCESSING YOUR DATA
The General Data Protection Regulation (GDPR) provides that processing of your data shall only be lawful if and to the extent that at least one of the following applies:
We collect data for the purposes set out above. Data is managed to ensure that it is either erased from our system when it is no longer required for the purpose for which it was collected, retained for legal reasons, or minimised and retained.
LINKS FROM OUR SITE
Our site may contain links to and from other websites, and these are operated by individuals and companies over which we have no direct control. If you follow a link to any of these websites, please note that these websites have their own privacy and terms of use polices. We do not accept any responsibility or liability for these policies. We advise you to check the policies for third party sites before you submit any personal data to the website.
SHARING OF DATA WITH AFFILIATES
We work with trusted affiliates and in doing so it may be necessary to provide third party affiliates with information so that they can deliver services to you as part of your purchase. If an affiliate is connected to a purchase you make, then they may receive a copy of your name and your email address, they may also be aware of the purchase price of any transaction made through our site. We do not store card or payment information and so would never transfer such information. Please contact us before making a purchase if you do not wish for your information to be shared with an affiliate. Please be aware that you may not be able to receive affiliate bonuses if your contact information is not provided to the third party affiliate who will be fulfilling such a bonus.
MARKETING EMAILS AND NEWSLETTERS
We will make it as easy as we can for you to opt out of unwanted processing, providing it does not restrict our ability to provide you with the primary service you have requested.
Please note if you wish to unsubscribe from any marketing emails and / or newsletters that you have signed up for, you can do so by clicking onto the unsubscribe link on the marketing email and / or newsletter that was sent to you. It may take 48 hours for this to become effective.
Please be aware that from time to time we may utilise Facebook marketing, through Facebook and Instagram, including re-targeting features and Google Analytics Advertising Features, including GA4. When using these marketing features an international transfer of data will occur. More detail on those is found below.
For the most part, the capture of any data will be anonymous. At all times when you are using our site you should have the ability to select marketing preferences and opt in or out of your data being captured as to your preference. You may be asked to “opt-in” to additional marketing features and at that stage you will be presented with any additional relevant information and you can select your preferences.
INTERNATIONAL TRANSFERS
It may be necessary to store your information in a way which involves transferring your data outside of the UK. At all times your data will be protected in accordance with the UK General Data Protection Regulations which require that in order to transfer data outside of the UK we ensure that certain safeguards are in place. Such safeguards include ensuring that equivalent safeguards are in place as would be in the UK and that data is only transferred to countries that the UK has approved as being adequate and appropriate to handle data.
Data that we collect from you may be transferred to, processed, or stored at a location outside the local jurisdiction, including the US, Canada, the UK, and other locations. This means that we may be required to disclose your data in response to lawful requests by public authorities, the courts, law enforcement, or national security authorities in that other jurisdiction.
We will take steps to ensure that your data receives an equivalent level of protection as required by laws of that jurisdiction, including by entering into data transfer agreements. For transfers from the EU, UK, or Switzerland to the US, we rely on adequacy decisions by the EU Commission or putting in place Standard Contractual Clauses as approved by the European Commission (the form for the Standard Contractual Clauses can be found here: EU Commission Standard Contractual Clauses) or another applicable supervisory body.
If none of the necessary safeguards are available we may seek your express consent to transfer of specific data. You may withdraw your consent at any time.
– For EU Residents
The European Union’s General Data Protection Regulation (“GDPR”) gives you certain rights, including: a right to be notified of our data collection practices; the purposes and lawful bases under which we process your data; if our legitimate interests are a basis for processing, what those interests are; the categories of data processed; the categories of third parties with whom data is shared; the details of any data transfers outside of the EU and the safeguards in place; the applicable retention periods or policies; the right to access, correct, and delete (under certain circumstances) your personal information; the right to receive a copy of your information in a “portable” form so that you may transfer it to other services; the right to withdraw consent for processing; the right to lodge a complaint with a data protection authority; the right to be advised of the existence of any automated decision-making, including profiling, and the right to object such decisions; and, the right to withdraw consent without detriment.
– For Californian Consumers
Californian law gives you certain rights, including: a right to be notified of (and to request more information about) our data collection practices; the categories of data we process; the categories of third parties with whom data is shared; the right to request disclosure (up to twice per year) of the personal information we have about you or have had within the last 12 months: the right to delete that information (under certain circumstances); the right to know if your data is being sold; the right to know what personal information is being sold and to opt-out of such sales (if applicable); the right to receive a copy of your information in a “portable” form so that you may transfer it to other services; and, the right to not be discriminated against for exercising these rights.
CHANGES TO OUR POLICY & FUTURE PROCESSING
We do not intend to process your personal information except for the reasons stated within this Privacy Statement. However, we do continually review our privacy practices and if we do change our processes this Privacy Statement will be amended and placed on our website at www.thenailtech.org/privacy
If you are concerned about how we are collecting, using and/or sharing your personal information, you can contact us via the contact form on our website.
This Privacy Statement was first published on 11th January 2023