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Terms & Conditions
Terms and Conditions - The Powdered Earth official website and online shop - www.thepowderedearth.com
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy StatementWe are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Payment
Payment is received via a third party (strikingly.com who provide our e-commerce services) and paypal.com exclusively and subject to their terms & conditions as appropriate.
Log FilesWe use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only for the purposes of sending information to e-mail lists and sending purchases by post. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
CookiesLike most interactive web sites this website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the our services and the full content of this website.
CommunicationWe can be contacted by email: thepowderedearth@gmail.com or by write to us at 3 Oxford Street, Gloucester. GL1 3EG. UK
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© The Powdered Earth 2020 All Rights Reserved
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Privacy Policy
Privacy Policy
This privacy policy will explain how The Powdered Earth uses the personal data we collect from you when you use our website.
What data do we collect?
Our Company collects the following data:
Personal identification information (Name, email address, phone number, etc.)
How do we collect your data?
You directly provide The Powdered Earth with most of the data we collect. We collect data and process data when you:
Sign up for free downloads and/or our e-mailing list.
Purchase a product from our online store.
Use or view our website via your browser’s cookies.
How will we use your data?
Our Company collects your data so that we can:
Process your order.
Email you with latest news and special offers on other products and services we think you might like.
We will never share your data with third parties.
How do we store your data?
We keep a contact list for all email list subscribers and purchasers.
What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request The Powdered Earth for copies of your personal data.
The right to rectification – You have the right to request that The Powdered Earth correct any information you believe is inaccurate. You also have the right to request The Powdered Earth to complete the information you believe is incomplete.
The right to erasure – You have the right to request that The Powdered Earth erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that The Powdered Earth restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to The Powdered Earth’s processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that The Powdered Earth transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: the powderedearth@gmail.com
Or write to us: 3 Oxford Street, Gloucester. UK. GL1 3EG
Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology
For further information, visit allaboutcookies.org.
How do we use cookies?
The Powdered Earth uses cookies in a range of ways to improve your experience on our website, including:
Keeping you signed in
Understanding how you use our website
What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
Functionality – The Powdered Earth uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
Analytics – The Powdered Earth uses these cookies to collect information about your visit to our website, the content you viewed, your approximate location (eg. city, nation), where you arrived from (eg. Search engine, facebook, direct traffic etc.) the links you followed and information about your browser, device, and your IP address.
How to manage cookies
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
Privacy policies of other websites
The Our Company website sometimes contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
Changes to our privacy policy
Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 16 August 2020.
How to contact us
If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: thepowderedearth@gmail.com
Or write to us at: 3 Oxford Street, Gloucester. UK. GL1 3EG
How to contact the appropriate authority
https://www.ncsc.gov.uk/information/GDPR