THE UTLEY FOUNDATION WEBSITE
TERMS AND PRIVACY POLICY OUR APPROACH
PART 1 WEBSITE TERMS AND DISCLAIMER
1. The Utley Foundation (“we” and “us”) is a charitable trust registered in England and Wales – Registered Charity Number: 1157399.
2. The Utley Foundation is a private family charitable trust, established in 2014. We exist to advance social causes close to the heart of the trustees, and to act as a catalyst for greater funding and wider action for the causes we support. We do not accept unsolicited applications for funding.
3. By accessing this website you consent to the following terms and conditions of use. This website means www.utleyfoundation.org.uk
4. The Utley Foundation strives to ensure that the information provided on its website is accurate at the time of publication, timely, unbiased and useful. However, the information contained on the website is provided on an “as is” basis.
5. The Utley Foundation believes in the free dissemination of information as far as possible. However, proper credit and citations to The Utley Foundation should be included wherever the information appears. Commercial use or publication of all or any item displayed is strictly prohibited without our prior authorisation.
6. We are not responsible for errors or omission in the information provided, or any actions resulting from the use of such information and make no warranty of any kind, either expressed or implied in relation to this information. Use of the information provided on this website is entirely voluntary. We may make changes to the contents of this website at any time without notice.
7. We do not warrant that the functions contained in the material contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website, or the server that makes it available, are free of viruses or bugs or represent the full functionality, accuracy and reliability of the materials. Those using the website do so at their own risk. We cannot accept responsibility for any reliance placed on information found on this website.
8. Using any of The Utley Foundation registered logos, graphics or photographs without our prior consent is strictly prohibited. Documents (including information, images, photos, logos, names and icons) on this site may not be downloaded, altered or adapted for any purpose. Should we receive any complaint with regard to third party material on this website, we will review the matter and remove material at our sole discretion. We will have no further liability to either party in such instance.
9. Many of the images provided on this website have been kindly donated by other organisations. They are not to be downloaded, altered or adapted for any purpose.
10. If you wish to request permission to reuse content from any or part of our publications or website in any media, please contact us.
11. Any communication or material that you transmit to or post on this site, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary information.
12. We do not edit or monitor the content of any discussion or posts made on this website by third parties. We are not the publisher of such discussions / posts. However, we may remove any discussions / posts from the website at our discretion at any time.
13. By using the website, you agree to the capture and use of your personal data in accordance with the terms set out in the privacy policy. For more information regarding our privacy policy please see below.
14. Your use of this website constitutes acceptance of these terms and conditions. If these terms and conditions are not accepted in full, the use of this website must be terminated immediately.
15. These terms are governed by and construed in accordance with the laws of England. By accessing the website you agree to accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these terms or your use of the website.
Part 2 Privacy policy
16. We are committed to protecting your privacy. This Privacy Policy (the “Policy”) explains (i) how we process the personal information we collect about you, (ii) how you can instruct us if you prefer to limit the use of that information and (iii) what procedures we have in place to safeguard your privacy.
17. This Policy should be read in conjunction with the terms and conditions of use for www.utleyfoundation.org.uk (the “website”) of which it forms part (the “Terms”). If you do not agree with this Policy or the Terms, you must not use this website or submit information to us through or in connection with this website.
18. If you have any questions about this Policy or would like any further information please write to Lizzie Cody, at The Utley Foundation, Larkins Farm, 199 Nine Ashes Road, Ingatestone, Chelmsford, Essex, CM4 OJY, or email us at info@utleyfoundation.org.uk.
19. This Policy sets out how we collect, use and store your personal information. This applies to any paper-based data that we keep as records in our office at Larkins Farm, 199 Nine Ashes Road, Ingatestone, Chelmsford, Essex, CM4 OJY and all electronic data that we keep on databases, hard drives and any other storage devices that we use.
What information do we collect?
20. Personal data means any information relating to a person who can be identified either directly or indirectly (“Personal Data”). It may include name, address, email address, phone number and IP address.
21. We will use, store or otherwise process any of your Personal Data in accordance with the terms of this Policy, including but not limited to, your name, postal address, e-mail address, telephone number, bank details, credit or debit card number, IP address, details of your qualifications and any other Personal Data collected on registration with us, subscription to our mailings and publications and through surveys, to the extent reasonably necessary to provide the offerings that are available to you by us.
22. You may give us information about yourself when you complete a ‘contact us’ form on our website. This may include your name, email address, address, phone number, company and any other additional information that you may choose to provide to us.
23. You may give us information about yourself when you complete an event or course registration form on our website. This may include your name, email address, phone number, company and any other additional information that you may choose to provide us with.
24. When you visit our site, we may automatically collect the following information:
24.1.1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
24.1.2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
Special category data
25. As part of our services we may also process special category data, this is defined as an individual’s (i) race; (ii) ethnic origin; (iii) politics; (iv) religion; (v) trade union membership; (vi) genetics; (vii) biometrics (where used for ID purposes); (viii) health data; (ix) sex life; and (x) sexual orientation. (“Special Category Data”).
26. As part of the registration for events as outlined at Clause 24 we may also process Special Category Data. For example, if a course or event was a residential or day course we would require certain medical data to formulate emergency procedures (if required) and to ensure that any health and safety needs are covered. Children’s data
27. This website is not intended for children and we do not knowingly collect data relating to children. However, if you are under 13 years of age and you provide us with information on an application form (online or printed) your parent(s) or guardian(s) must give their permission.
28. We do not knowingly send marketing communications to persons under the age of 18. To the extent that we process children’s personal data, it will take steps to ensure an enhanced level of data protection. How we will use your personal data
29. We will only process your Personal Data, in accordance with applicable law, for the following purposes:
• internal record keeping;
• creating and maintaining your profile;
• dealing with your enquiries and requests;
• personalising your interaction with us;
• enabling our consultants, suppliers and service providers to carry out certain functions on our behalf, including verification, technical, logistical or other functions;
• ensuring the security of your account and our organisation, preventing or detecting fraud or abuses of our website;
• resolving any disputes;
• carrying out marketing campaigns and sending you personalised marketing communications, where you have agreed that we may do so, in order to keep you informed of our offering, which we consider may be of interest to you;
• developing and improving our offering, for example, by reviewing visits to our website and its various subpages; and
• to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.
30. We will take reasonable steps to ensure the Personal Data that we store is accurate, complete and up-to-date. Grounds for processing
31. To process your Personal Data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon include:
31.1 your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes;
31.2 our legitimate interests as a charity (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your Personal Data to prevent or detect fraud or abuses of our website;
31.3 our compliance with a legal obligation to which we are subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your Personal Data as part of such investigation; or
31.4 because processing your Personal Data is necessary for the performance of a contract.
31.5 To process Special Category Data lawfully we need to rely on different grounds to those that are relevant for Personal Data. We will only process Special Category Data with your explicit consent to the processing. Information for marketing purposes
32. Where you act on behalf of an organisation, or where you are an individual who has consented to us using your Personal Data for marketing purposes, we may use your information to conduct marketing and data analysis or to send you information about our website, updates and news concerning the Utley Foundation, our campaigns and information about our offering or offerings jointly provided with or on behalf of other organisations. Alternatively, you may ask us to provide you with such information by contacting us at the details set out at clause 19 above.
33. If you stop using the website or your permission to use the website is terminated, we may continue to use and disclose your Personal Data in accordance with this Policy (as amended from time to time) and as permitted by law. However, if at any time after you have consented to us using your Personal Data for marketing purposes and you wish us to stop using your information for these purposes, please contact us in writing or via email at the relevant address above. Information security
34. The Internet is not a secure medium. However, we have put in place various security procedures as set out in this Policy.
35. Please be aware that communications over the Internet, such as emails and online messages are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
36. We believe that we have appropriate policies, rules and technical measures to protect the Personal Data that we have under our control (having regard to the type and amount of that Personal Data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. Disclosure of your personal information
37. There are circumstances where we may wish to disclose or are compelled to disclose your Personal Data to third parties. This will only take place in accordance with the applicable law and for the purposes listed above. These scenarios include disclosure:
• to our employees and consultants;
• to our trustees and other volunteers;
• to our successors in title to our activities;
• to our auditors;
• to our outsourced service providers or suppliers who assist us in operating our website and running the charity (including but not limited to IT support service providers), so long as those parties agree to keep the Personal Data confidential;
• subject to your consent, to our marketing partners, who may contact you by post, email, telephone, SMS or by other means;
• to third party service providers and consultants in order to protect the security or integrity of our organisation, including our databases and systems and for business continuity reasons;
• to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, merger, sale, reorganisation, change of legal form, dissolution or similar event. In the case of a merger or sale, your Personal Data will be permanently transferred to a successor;
• to legal advisors who may need to advise us or manage or litigate a claim;
• to public authorities or other third parties where we are required by law to do so; and
• to any other third party where you have provided your consent. International transfer of personal data
38. We may transfer your Personal Data to a third party in countries outside the EU for further processing in accordance with the purposes set out in this Policy. In particular, your Personal Data may be transferred to our outsourced service providers located abroad. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means.
39. We may disclose your information to any person as required by law and specifically to any government agency if we believe in good faith that we must do so to comply with the law or that doing so is required to prevent, detect, investigate or remedy improper conduct potentially affecting us. Retention of personal data
40. Your Personal Data will be retained for as long as it is necessary to carry out the purposes set out in this Policy (unless longer retention is required by the applicable law). However, we will not retain any of your Personal Data beyond this period and the retention of your Personal Data will be subject to periodic review. We may keep an anonymised form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Your rights in relation to your information
41. Data protection law provides you with certain rights, including the right to: access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of, your Personal Data. You also have the right to lodge a complaint with the relevant data protection authority if you believe your Personal Data is not being processed in accordance with applicable data protection law. Further information about your rights is set out below:
• Right to make subject access request (SAR). You may, where permitted by applicable law, request copies of your Personal Data. If you would like to make a SAR, i.e. a request for copies of the Personal Data we hold about you, you may do so by contacting us at the details set out in clause 13 above. The request should make clear that a SAR is being made. Please quote your name and address. We should be grateful if you would also provide brief details of the information of which you would like a copy or which you would like to be corrected (see below) – this helps us to more readily locate your data. We will require proof of your identity before providing you with details of any Personal Data we may hold about you.
• Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete Personal Data.
• Right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your Personal Data at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit certain service features for which the processing of your Personal Data is essential.
• Right to object to processing. You may, as permitted by applicable law, request that we stop processing your Personal Data
• Right to erasure. You may request that we erase your Personal Data and we will comply, unless there is a lawful reason for not doing so.
• Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your Personal Data. However, you do have the right to contact the relevant supervisory authority directly. To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website.
Cookies
42. This website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By using and browsing the website, you consent to cookies being used in accordance with the information set out below. If you do not consent, you must turn off cookies or refrain from using the website.
43. Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. This information is then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. Cookies can be used to remember settings, like language and text size.
44. A list of all the types of cookies used on our website by category is set out below:
44.1 Strictly necessary cookies – these cookies are strictly necessary for the functioning of the website and no consent is required. These cookies are essential in order to enable you to move around the website and use its features.
44.2 Analytical / performance cookies – these cookies collect anonymous information on the pages visited. By using the website you agree that we can place these types of cookies on your device. They allow us to recognise and count the number of visitors and to see how visitors move around our website. This helps us to improve the way the website works, for example by ensuring that users are finding what they are looking for easily.
44.3 Google analytics – google analytics is a product provided by Google which lets us measure the website performance as well as the return on investment from our digital marketing to ensure we are providing the best service for our users. Find out more on the Google website
45. Most browsers allow you to turn off cookies. To do this, look at the ‘help’ menu on your browser. Switching off cookies may restrict your use of the website and/or delay or affect the way in which it operates.
46. By using this website, navigating around it and using our services, you agree to the use of cookies. Given the nature of the cookies we use on our website, we feel that an implied consent mechanism is appropriate and the least intrusive to our users’ experience of our website. Please note that if you choose to reject cookies, certain parts of this site may not be available to you or may not function properly.
Linked websites
47. We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our website. We recommend that you check the policy of each website you visit before deciding whether to proceed and contact the owner or operator of such website if you have concerns or questions.
Third parties
48. Where you submit information on behalf of another person, you confirm that you have made that person aware of how we may collect, use and disclose their Personal Data, the reason you have provided it, how they can contact us, the terms of this Policy and that they have consented to such collection, use and disclosure. Compliance with Privacy Laws
49. We comply with the data protection and privacy laws to which we are subject. You should satisfy yourself that you are familiar with those laws, including any exceptions which may apply under them. You should also be aware that privacy laws in various jurisdictions may change from time to time.
Changes to this Policy
50. We reserve the right to amend or modify this Policy without notice to you and if we do so we will post the changes on this page. It is your responsibility to check our Policy each time before you access our website for any changes.