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Terms of Use

Terms of Use

 

Terms of Service of Healthy Lifestyles Service

Last updated: 16th August 2022

ICE Creates Limited operate the Healthy Lifestyles Service ("Us" or "We") providing 12-week Lifestyle Interventions for Healthy Weight, Smoking Cessation, Physical Activity, Alcohol reduction and NHS Health Checks. In addition, we provide the Healthy Lifestyles Website, Best You Website, Best You Chat Application and various related services (collectively, referred to thereafter as  the "Service") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.

In addition, when using the service, websites, applications or materials within this service, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

These Terms of Service are effective as of March 22, 2020. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this and these Terms of Service from time to time and to familiarise yourself with any modifications.

Your continued use after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

We reserve the sole right to either modify or discontinue any part of the service, including any of the features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

Conduct

Your use of the Healthy Lifestyles Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications. By posting information in or otherwise using any communications service, chat application, message board, newsgroup, content library, or other interactive service that may be available to you on or through this service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
  • Impersonates any person or entity, including any of our employees or representatives

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this service. However, we have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your account, or other affiliation with our service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Websites

This service may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the service or party by us, or any warranty of any kind, either express or implied.

Intellectual Property

All custom graphics, icons, logos, and service names used within the Healthy Lifestyles Service are registered trademarks, service marks, and/or artwork held under copyright of Ice Creates Ltd. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Ice Creates Ltd.

You understand and agree that temporary interruptions of the services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the service with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule.

 

Privacy and Cookies Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

This policy is divided into three parts:

  • Part A provides information about our collection and use of personal information;
  • Part B provides information about the cookies used on this website; and
  • Part C contains information about us (including contact details).

We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

 

PART A: YOUR PERSONAL INFORMATION

  • What information do we collect?

We may collect, store and use the following kinds of personal information:

    • information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation
    • information relating to any transactions carried out between you and us on or in relation to this website
    • information that you provide to us for the purpose of registering with us (including data entered into your personal profile)
    • information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters
    • any other information that you choose to send to us; and
    • demographic data

Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy.

  • Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this policy or in relevant parts of the website.

We may use your personal information to:

    • administer the website;
    • improve your browsing experience by personalising the website;
    • enable your use of the services available on the website;
    • send you general (non-marketing) commercial communications;
    • send you email notifications which you have specifically requested;
    • provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
    • deal with enquiries and complaints made by or about you relating to the website;
    • keep the website secure and prevent fraud;
    • verify compliance with the terms and conditions governing the use of the website (including monitoring private messages sent through our website private messaging service); and
    • when required to by law or when disclosure is reasonably necessary to protect the rights of us as the owners of BestYou, third parties or the public at large.

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

Your privacy settings can be used to limit the publication of your information on the website. You can adjust your privacy settings in the profile section of the website.

We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

Best-You reserves the right to transfer all personal information in its possession to a successor organisation in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of BestYou assets. The use and disclosure of all transferred personal information will be subject to this privacy policy or a new privacy policy. You will be given notice of the new privacy policy and an opportunity to opt out of it.

  • Disclosures

We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

In addition, we may disclose your personal information:

    • to the extent that we are required to do so by law;
    • in connection with any ongoing or prospective legal proceedings;
    • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
    • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
    • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your information to third parties.

  • Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

All electronic transactions entered into via the website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and other login details confidential. We will not ask you for your password (except when you log in to the website).

  • Policy amendments

We may update this policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy by email.

  • Managing your Data

 

We record and process your data in line with current Data Protection Act legislation which from 25th May 2018 will include the content of the General Data Protection Regulations as amended by UK Law.

We will not share your data with other organisations without your agreement and your data will not be transferred outside of UK.

We will either obtain consent from you to process your data or rely on an existing legal basis for the processing of data.

We will regularly review consent to check that the relationship, the processing and the purposes have not changed.

We have processes in place to refresh consent at appropriate intervals, including any parental consents. It is an easy process for individuals to withdraw consent at any time, and we act on withdrawals of consent as soon as we can. Additionally, we don’t penalise individuals who wish to withdraw consent, however, it should be noted that we may not be able to provide our services to you without your agreement to process your data - this is for clinical and safety reasons.

 

  • How long we keep your personal information

We will keep your personal information for as long as your account remains active

When your account has been inactive for a period of 5 years, we may retain your data for up to 5 years following the end of your involvement with us to comply with one or more of the reasons listed below: 

  • To respond in a timely and accurate way to your questions or complaints.
  • To demonstrate that we have treated you in line with our clinical and administrative processes.

We may keep your data for longer than 5 years if there are reasons why we can’t remove it for lawful, supervisory or practical reasons. We may also keep your data in an anonymised format for research or statistical purposes. Will ensure that your private and personal data is protected at all times and that it is only used for legitimate purposes.

  • Consent

Consent is one of the appropriate lawful basis for processing and have made the request for consent prominent and separate from our terms and conditions when we ask people to positively opt in.

We don’t use pre-ticked boxes, or any other type of consent by default in fact we use clear, plain language that is easy to understand and inform you specifically why we want the data and what we’re going to do with it.

You have the right to withdraw your consent without detriment to you and you have the right to refuse to consent without detriment. You also have the right to request a copy of the information we hold about you in an easy to read and transferable format

  • Managing Consent

We record consent by storing when and how we were provided with your consent and exactly what you were told at the time.

We will not share your data with other service providers without your agreement and your data will not be transferred outside of the UK.

We regularly review consent to check that the relationship, the processing and the purposes have not changed.

We have processes in place to refresh consent at appropriate intervals. It is an easy process for individuals to withdraw their consent at any time, and we act on withdrawals of consent as soon as we can. Additionally, we don’t penalise individuals who wish to withdraw consent.

 

  • Your rights

 

From 25th May 2018 as a result to the new data Protection Act and GDPR you will have additional rights to: -

 

  • Be informed of what data we keep about you
  • Be able to have access to your data
  • Request rectification of errors in your data as you may question any data we hold about you if you consider it is incorrect, incomplete or wrong. 
  • Request erasure of your data, sometimes known as the ‘right to be forgotten’. You have the right to request that we stop using your data if there is no requirement for us to keep it, however, on some occasions there may be legal or other reasons why we will keep or use your data.
  • Request that we restrict processing of your data and only use part of your data
  • Apply for us to provide you with data portability or the request for us to provide your data in an easily transferable format
  • The right to object to the way we treat your data if you think it is unfair
  • Request that we do not use automated decision making and profiling when dealing with your data

 

How to withdraw your consent

You can withdraw your consent at any time. Please contact us at dataprotection@bestyou.com if you want to do so.

If you withdraw your consent, we may not be able to provide certain services and information to you.

How to complain

Please let us know if you are unhappy with how we have used your personal information.

You also have the right to complain to the Information Commissioner’s Office. Find out on their website how to report a concern. The ICO address is: -

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

  • Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites.

 

  • Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

 

 

PART B: COOKIES

  • About cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.

Cookies may be either "persistent" cookies or "session" cookies.

A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).

A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

  • Our cookies

We use both session cookies and persistent cookies on this website.

Session cookies are essential for this website to function, for example to mark someone as being logged in.

The persistent cookies we use are non-essential but harmless, for example we may use them in order to:

    • provide extra security features such as preventing cross-site request forgery (CSRF) attacks;
    • remember when you’ve already completed (or decided not to) one of our survey.
  • Third party and analytics cookies

When you use our website, you may also be sent third party cookies.

These are including but not limited to You Tube, Facebook, Twitter, Google+, LinkedIn, Pinterest etc.

Our advertisers / service providers may send you cookies. They may use the information they obtain from your use of their cookies:

    • to track your browser across multiple websites;
    • to build a profile of your web surfing; and
    • to target advertisements which may be of particular interest to you.

In addition, we use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html

  • Cookies and personal information

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.

  • Blocking cookies

Most browsers allow you to refuse to accept cookies. For example:

    • in Internet Explorer (version 9) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
    • in Firefox (version 16) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
    • in Chrome (version 23), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

Blocking all cookies will, however, have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on this website.

  • Deleting cookies

You can also delete cookies already stored on your computer. For example:

    • in Internet Explorer (version 9), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
    • in Firefox (version 16), you can delete cookies by clicking "Tools", "Options", "Privacy" and then "Show Cookies", and then clicking "Remove All Cookies"; and
    • in Chrome (version 23), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".

Again, doing this may have a negative impact on the usability of many websites.

  • Cookie preferences

You can manage your preferences relating to the use of cookies on our website by visiting: www.BestYou.com

PART C: OUR DETAILS

 

This website is owned and operated by ICE Creates Limited.

If you have any questions about our cookies or this policy, please contact us:

    • by email (to admin@best-you.org);
    • by telephone (to 0845 5193 423);
    • by post (to ICE Creates Limited, Unit 2-3 Abbots Quay, Monks Ferry, Wirral CH41 5LH).
  • How to request a copy of your personal data

You can request access to your personal information we hold by filling in a Subject Access Request form or by writing to us at this address:  

Ice Creates Ltd

Unit 2-3 Abbots Quay

Monks Ferry 

Birkenhead

CH41 5LH

 

  • Data controller

The data controller responsible in respect of the information collected on this website is ICE Creates Limited.

Our data protection registration number is Z752432X