Clare Talks: Terms & Conditions
T&C for Coaching, Privacy and Use of Website
Terms of Website Use
www.claretalksrubbish.com is a site operated by Clare Osborn trading as Clare Talks (“we” or “us”). Our email address is firstname.lastname@example.org.
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of our Acceptable Use Policy when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
UPLOADING MATERIAL TO OUR SITE
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies.
When you use and access the Service, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
– Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Where can your find more information about cookies
You can learn more about cookies and the following third-party websites:
Network Advertising Initiative: http://www.networkadvertising.org/
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Disabling cookies may also prevent some areas of our website to operate in the way they are intended. The current default for data retention at google is 26 months.
GDPR Privacy Notice
We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
It contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulations, which apply across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you fill in our contact form, sign up to our newsletter, purchase a product or service or take part in any competition we might hold from time to time.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Clare Osborn trading as Clare Talks is the controller and responsible for your personal data (collectively referred to as , “we”, “us” or “our” in this privacy notice).
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.
Our full details are:
Full name of legal entity: Clare Osborn trading as Clare Talks
Address: F3, 14 Cavendish Place, Brighton, BN1 2HS
Email address: firstname.lastname@example.org
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). However, we care deeply about your data protection rights and we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us using the details above in the first instance.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
• Contact Data includes billing address, delivery or postal address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you (where applicable):
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies.
• Analytics We may receive technical personal data about you from analytics providers such as Google.
• We may receive Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
• To keep you updated about our products and services where you have consented to this. We shall send this information to you by email. You have the right to withdraw consent to marketing at any time by contacting us by email at email@example.com or by clicking on the ‘unsubscribe’ button in our emails.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Type of Data
Lawful basis for processing including basis of legitimate interest
To register you as a new Client
Performance of a contract with you
To process and deliver your order
a) Manage payments, fees and charges
b) Collect and recover money owed to us
e) Marketing and communications
a) Performance of a contract with you
b) Necessary for our legitimate interests (to recover debts due to us)
To Manage our relationships with which you will include:
b) Asking you to leave a review or take a survey
d) Marketing and communications
a) Performance of a contract with you
b) necessary to comply with a legal obligation
c) necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a competition or complete a survey
e) Marketing and communications
a) Performance of a contract with you
b) necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
a) Necessary for our legitimate interest (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analysis to improve our website, product/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you.
Necessary for our legitimate interests (to develop our products/services and grow our business). Consent from you.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at claretalksrubbish.com at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
• External Third Parties such as service providers, professional advisers, HMRC and regulators; and
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
If you use our products or services we shall retain your personal data for the time you are our client and for 3 years afterwards. If you are not a client we shall retain your data for 2 years following your last engagement with us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see ‘Request erasure’ below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Changes to this privacy notice
We may change this privacy notice from time to time – when we do we shall inform you via our website.
Our Coaching Contract
I am very excited about working together with you in a coaching relationship. These terms set out the agreement between me – Clare Osborn trading as Clare Talks and you, for the coaching services (‘the services’) I am going to provide. Please read them carefully and let me know if you have any questions.
The format of the services provided and the fee payable will be as set out in the service description for the product you select on my website or as agreed between you and me in email correspondence.
The fee for the services is non-refundable and is to be paid in full before the first session or event to secure your place or in instalments if agreed prior to the sessions.
Upon completion of the agreed sessions, we will review and agree new terms to continue or terminate the coaching relationship.
The services to be provided by Clare Osborn are coaching services as set out in our agreement which will be delivered via Zoom call or occasionally in person, as designed jointly with you.
Coaching — which is not advice, therapy or counselling — may involve all areas of your life, including work, finances, health, relationships, education and recreation. You acknowledge that deciding how to handle these issues and implement your choices is exclusively your responsibility. For this reason coaching cannot guarantee any specific outcomes. Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. By entering into this agreement you confirm that you will not use it in place of any form of therapy.
I also offer IEMT and NLP therapeutic change work which can provide effective change and support for mental health disorders and we will discuss the appropriateness of such therapeutic work prior to entering into any such process.
If you currently are in therapy or otherwise under the care of a mental health professional by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach/alternative therapist and that this person is aware of your decision to proceed with our relationship.
Throughout our working relationship, we will engage in very direct and personal conversations. You can count on me to be honest and straightforward, ask clarifying questions and make empowering requests.
The purpose of our interaction is to hold your focus on YOUR desired outcome and to coach you to stay clear, focused and in action. You understand that the power of the coaching relationship can only be granted by you — and you agree to do just that. When you see the coaching is not working as desired, you agree to communicate with me and take actions to return the power to the coaching relationship.
Some additional legal points
My contract with you will start once I send you a written acceptance of your order. At that stage these terms will become binding on you and me. If I cannot provide you with the services I shall let you know and you will be given a refund of any advance payment you have made.
Your right to make changes
If you wish to make any changes to the services you have ordered, please contact me. I shall let you know if the change is possible. If it is possible, I shall let you know about any changes to the fee for the services, the timing of our sessions or any other issues which would follow on from your request and you can let me know if you would like to go ahead with the change.
All sessions must be taken within the time stated for the programme and if for any reason an extension is needed and agreed, it cannot go past 3 months after the original programme end date.
Please note if you wish to cancel or terminate our sessions prior to the end of our agreed contract, no fees will be refunded.
Should you wish to resume services after cancellation, there will be another initial payment to be made. It may also be an option for you to pause your sessions for a period of one month without cancellation, please contact me to discuss this and note that 30 days notice will also be required.
In some circumstances “Sessions” may need to be rescheduled by either party and it is hereby agreed this will be with as much notice as possible with a minimum of 48 hours prior to the session.
If you provide me with less than 48 hours’ notice or fail to provide me with any notice, your “Session” will be lost and I’m not under any obligation to replace it.
If I provide you with any materials during the services, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
How I may use your personal information
I shall use the personal information you give to me to: provide the services; process your payment for the services; and inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me. I promise that all information shared by you will be kept strictly confidential, except when releasing such information is required by law. I do reserve the right to seek second opinions from other certified coaches or professionals if I deem it necessary and to record our conversations for my training purposes and records. I shall not give your personal information to any third party.
If there is a problem with the services
In the unlikely event that there is any problem with the services, please contact me as soon as possible and please give me a reasonable opportunity to sort out any problem with you. As a consumer you have legal rights in relation to services not carried out with reasonable skill and care and nothing in these terms will affect those legal rights.
Events outside my control
If an event happens which is outside of my reasonable control, I shall not be liable or responsible for any failure to provide services or any delay in providing services caused by that event. If an event like this takes place I shall contact you to let you know as soon as reasonably possible. The timetable agreed for the services will be extended for the duration of an event like this. If the event continues for more than 3 months you will be able to cancel the contract and I shall refund to you any fees you have paid in advance for services which have not been provided.
If I do not provide the services to you in accordance with these terms and with reasonable skill and care I am only responsible for any losses you might suffer which are a foreseeable result of my breaking these terms. In other words I am only responsible for any loss where it is obvious that it would happen. I am not responsible to you for any loss of profits, loss of business, loss of management time or loss of business opportunity. My total liability is limited to the amount of the fees paid by you for the services.
If you need to contact me about the services, you can call me on +44 7990591660 or email me at email@example.com
These terms are governed by English law and we agree that any disputes will be dealt with by an English Court.
By placing the order you agree to keep your agreements, to regard our appointment time frames with respect and to keep me informed as to what is needed to keep you moving forward and you confirm your full understanding and agreement with the information outlined above.