TERMS AND CONDITIONS
This website is owned and operated by Braemar Sales Ltd (trading as Love My Garden.co.uk & GardenRooms.Online). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors bespoke products made to your specific requirements, including modular size garden rooms. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the part.We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment You agree to indemnify and hold contract Glass Ltd. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Braemar Sales Ltd (trading as Love My Garden.co.uk & GardenRooms.Online) assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Aylesbury,Bucks. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. Braemar Sales Ltd (trading as Love My Garden.co.uk & GardenRooms.Online) can be contacted by email : firstname.lastname@example.org Alternatively you can write to us at : 19 Chapman Lane, Flackwell Heath, Bucks. HP109AZ
DATA RETENTION POLICY
BRAEMAR SALES LTD
T/A LOVE MY GARDEN
1. Introduction This Policy sets out the obligations of Braemar Sales ltd, a company registered in united kingdom under company no. 11199914, whose registered office is at 19 Chapman Lane, Flackwell Heath, Bucks, HP10 9AZ (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”). The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation. Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data). In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances: a) Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above); b) When the data subject withdraws their consent; c) When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest; d) When the personal data is processed unlawfully (i.e. in breach of the GDPR); e) When the personal data has to be erased to comply with a legal obligation; or f) Where the personal data is processed for the provision of information society services to a child. This Policy sets out the type(s) of personal data held by the Company marketing purposes and by accounts, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of. For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Data Protection Policy. 2. Aims and Objectives 2.1 The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR. 2.2 In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data. 3. Scope 3.1 This Policy applies to all personal data held by the Company OR by the accounts dept of the Company 3.2 Personal data, as held by the Company OR the above is stored in the following ways and in the following locations: a) The Company’s servers, located on our server details will be supplied if required; b) Laptop computers provided by the Company to its employees; c) Computers and mobile devices owned by employees, agents, and sub-contractors used in accordance with the Company’s Bring Your Own Device (“BYOD”) Policy Physical records stored at our registered offices and/or showroom 4. Data Subject Rights and Data Integrity All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights there under, as set out in the Company’s Data Protection Policy. 4.1 Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used as set out in Parts 12 and 13 of the Company’s Data Protection Policy, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined). 4.2 Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, the right to data portability,and further rights relating to automated decision-making and profiling , as set out in Parts 14 to 20 of the Company’s Data Protection Policy. 5. Technical and Organisational Data Security Measures 5.1 The following technical measures are in place within the Company to protect the security of personal data. Please refer to Parts 22 to 26 of the Company’s Data Protection Policy for further details: a) All emails containing personal data must be encrypted; b) All emails containing personal data must be marked “confidential”; c) Personal data may only be transmitted over secure networks; d) Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative; e) Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted; f) Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it; g) Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient; h) All personal data transferred physically should be transferred in a suitable container marked “confidential”; i) No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from a company director. j) All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely; k) No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation; l) Personal data must be handled with care at all times and should not be left unattended or on view; m) Computers used to view personal data must always be locked before being left unattended; n) No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of a company director and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; o) No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the Company’s Data Protection Policy and the GDPR; p) All personal data stored electronically should be backed up daily with backups stored onsite AND offsite. All backups should be encrypted; q) All electronic copies of personal data should be stored securely using passwords and encryption; r) All passwords used to protect personal data should be changed regularly and should must be secure; s) Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords; t) All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available; u) No software may be installed on any Company-owned computer or device without approval; and v) Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS. 5.2 The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details: a) All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy; b) Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company; c) All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so; d) All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised; e) All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times; f) Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed; g) The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed; h) All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy; i) All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy; j) Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure. 6. Data Disposal Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows: 6.1 Personal data stored electronically (including any and all backups thereof) shall be deleted. 6.2 Special category personal data stored electronically (including any and all backups thereof) shall be deleted securely. 6.3 Personal data stored in hardcopy form shall be shredded; 6.4 Special category personal data stored in hardcopy form shall be shredded. 7. Data Retention 7.1 As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed. 7.2 Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below. 7.3 When establishing and/or reviewing retention periods, the following shall be taken into account: a) The objectives and requirements of the Company; b) The type of personal data in question; c) The purpose(s) for which the data in question is collected, held, and processed; d) The Company’s legal basis for collecting, holding, and processing that data; e) The category or categories of data subject to whom the data relates; f) All financial details taken such as card details are shredded as soon as a transaction has been taken. If a further transaction ie deposit and then full amount is to be taken a second request for card details is to be submitted as first payment details are shredded. 7.4 If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria. 7.5 Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise). 7.6 In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR. Data Ref. Type of Data Purpose of Data Review Period Retention Period or Criteria Comments Customer order Address To confirm delivery address 10yr 10yr Used for warranty purposes Customer name name Identification 10yr 10yr Used for warranty purposes Customer email email Identification 10yr 10yr Used for warranty purposes Customer order product type Product ordered warranty 10yr 10yr Used for warranty purposes Customer phone Phone number Identification 10yr 10yr Used for warranty purposes 8. Roles and Responsibilities 8.1 The Company’s Data Protection Officer is any director 8.2 The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation. 8.3 The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company 8.4 Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer. 9. Implementation of Policy This Policy shall be deemed effective as of 28/11/2022. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date. This Policy has been approved and authorised by: Name: David Price Position: Director Date: 28/11/22 Due for Review by: 01/01/24 Signature:
4. For purposes of the applicable Data Protection Laws, Braemar Sales Ltd trading as Love My Garden / Gardenrooms.online is the “data controller”. This means that Braemar Sales Ltd trading as Love My Garden / Gardenrooms.online determines the purposes for which, and the manner in which, your Data is processed. Data collected
8. To the extent that you access the Website, we will collect your Data automatically, for example: a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content. b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”. Our use of Data
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
11. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in: a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out. b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide. c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. Who we share Data with
14. We will use technical and organisational measures to safeguard your Data, for example: a. access to your account is controlled by a password and a user name that is unique to you. b. we store your Data on secure servers.
15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: email@example.com.
16. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
19. You have the following rights in relation to your Data: a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why. b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete. c. Right to erase – the right to request that we delete or remove your Data from our systems. d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it. e. Right to data portability – the right to request that we move, copy or transfer your Data. f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
21. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
22. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it. Links to other websites
25. We may also disclose Data to a prospective purchaser of our business or any part of it.
26. In the above instances, we will take steps with the aim of ensuring your privacy is protected. Cookies
28. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Braemar Sales Ltd trading as Love My Garden / Gardenrooms.online to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
30. This Website may place the following Cookies: Type of Cookie Purpose Strictly necessary cookies These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
31. You can find a list of Cookies that we use in the Cookies Schedule.
32. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
33. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
34. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
35. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.