1. Introduction

1.1 You should read these terms and conditions (the Terms) carefully before using this website. In the Terms, we use “we”, “us” and “our” to refer to Clayton Brothers and “you” and “your” to refer to you, as the website visitor to our website.

1.2 These Terms govern your use of our website; by using our website, you accept the Terms in full. If you disagree with the Terms or any part of the Terms, you must cease use of our website immediately.

2. Who are we?

2.1 Company Name: Clayton Brothers; Clayton Brothers is a limited liability partnership registered in England under number 07379450. Our registered office can be found at 2.3 of these Terms;

2.2 What We Do: Tree Surgery and Landscaping;

2.3 Address: Holland Way, Newport Pagnell, Milton Keynes, MK16 0LL;

2.4 Email: [email protected];

2.5 Telephone: 01908 612322.

3. License to use website

3.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

3.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

3.3 Conditions of Use

We will make every effort to make the website available for your use, however we cannot guarantee that the website’s availability will continue at all times or that it will not be interrupted at any time. In agreeing to use our website, you must not:

  • (a) re-publish material from this website (including republication on another website);
  • (b) sell, rent or sub-license material from the website;
  • (c) show any material from the website in public;
  • (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • (e) edit or otherwise modify any material on the website; or
  • (f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

3.4 Under the Terms outlined above at 3.3, we reserve the right to prevent you from accessing our website at any time should you fail to comply with any of the above Terms (from 3.3).

4. Acceptable Use

4.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4.2 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4.3 You must not conduct any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

4.4 You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.

4.5 As per Term 3.4, we reserve the right to prevent you or suspend your access at any time should you fail to comply with any of the above Terms from 4.1 to 4.4 as set out.

5. Data Policy

5.1 Our Privacy Policy

This firm processes your data in accordance with the terms of the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 and the relevant provisions relating to the General Data Protection Regulation (GDPR) contained within the European Union (Withdrawal) Act 2018 (UK GDPR). This Data & Privacy Notice explains, in detail, the types of personal data we may collect about you when you interact with us. It also explains how we will store and handle that data and keep it safe. Unless otherwise indicated, references in this Data and Privacy Notice to the GDPR refer to the UK GDPR.

We understand that there is a lot of information contained here, however we want you to be fully informed about your rights, and how our firm uses your data. We hope the following sections will answer any questions you have but if not, please do get in touch with us (see Terms 2.1 to 2.5 for our direct contact information).

5.2 Conditions for Processing Data

Our firm are only entitled to hold and process your data in accordance with applicable laws and regulations. The current law on data protection sets out a number of different reasons for which a law firm may collect and process your personal data. These include:

5.2.a Contractual obligations

The main purpose for our firm holding your data is to provide you with legal services under the Agreement we have with you. This Agreement is a contract between us and the law allows us to process your data for the purposes of performing a contract (or for the steps necessary to enter into a contract).

5.2.b Legitimate Interests

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. This may include but is not limited to satisfying our external quality auditors or our Regulators.

5.2.c Legal Compliance

If the law, regulations or authorities require us to, we may need to collect and process your data. For example, we may be authorised under law to pass on details of people involved in fraud or other criminal activity.

5.2.d Consent

In some situations, we can collect and process your data with your consent. For example, when you tick a box to confirm your Agreement to receive email newsletters. When collecting your personal data, we will always make clear to you which data is necessary in connection with a particular service.

5.2.e When do we collect your data?

We normally collect your data when you provide it to us or when it is provided to us by others. You may give us your data by email; through an online web form; over the telephone; face to face; or by post.

We also collect data automatically with regard to each of your visits to our website including technical information.

5.2.f What sort of data do we collect?

Information you provide to us

In specific situations, you will be regarded as having provided your voluntary consent to use your personal information. For instance, you will voluntarily give us your personal information when:

  • you contact us via our website;
  • provide a comment on our website;
  • write a review;
  • sign up to any newsletters;
  • interact with us on social media platforms, and/or
  • use our services.

Where we request information from you, we will collect the information set out in the relevant web pages, or as explained to you over the telephone or face to face.

The personal data we collected is as follows:

  • Name;
  • Email Address;
  • Telephone Number; and
  • IP Address

Website or third-party sources

We collect certain related technical information including, but not limited to, traffic data, location data, logs (including, where available, the IP address and location of the device connecting to the online services and other technical information and identifiers about the device and the nature of the visit such as clickstream to, through and from our website) and other communication data, and the resources that you use.

On occasions, we acquire information from other third-party companies, to collect information about how visitors to our website use the site. Information is also collected about how you arrived at our websites in the first place, including what links or adverts you have viewed or clicked on to reach us, or any search terms you have used. We do this to maintain and improve our website, getting a better understanding of visitor and client profiles and ultimately delivering a better experience. Information may be collected through the use of cookies or pixels.

The website may include hyperlinks to external third-party websites at times, however these are provided for your convenience only; we do not have any control or proprietary ownership over any third-party websites referred to and thereby accept no responsibility for any content or information included within these third-party websites. Your use of the third-party websites will be governed by the Terms of that specific third-party site.

5.2.g How do we use your data?

We may use your data to notify you of our other services but only where we have your consent to do so.

We also use your data to:

  • deliver our services;
  • manage our relationship with you and to improve communication;
  • provide you with advice or guidance about our services;
  • make and manage payments;
  • respond to complaints and seek to resolve them; and to
  • train our staff and measure the quality of the service we give to clients.

5.3 Regulatory

We also use data to communicate with our regulators or legislators and to obey laws, regulations and codes of conduct that apply to us.

5.3.a Website enhancement and business development

We use data to develop our business and services. In particular, these include but are not limited to:

  • respond to individual experiences shared with us and for editorial content;
  • enhance your online experience;
  • conduct research and surveys;
  • develop and manage our services including marketing of new or enhanced services;
  • research your views and experiences for research and editorial purposes, including through requests for feedback on our services;
  • understand your website journey, including what pages you have viewed and for how long;
  • administer and keep safe and secure our website and for internal operations, including data; and
  • for analysis, testing, statistical purposes.

5.4 Cookies

5.4.a What are Cookies?

Cookies are small files created using numbers and letters combined to create online cookies. These files are stored on the hard drive of the user’s device and allow a web browser and/or website to store information. These packets of information are then reused the next time you visit the website to create a better, more efficient user experience.

The majority of web browsers allow partial control of cookies by using the browser settings on your chosen device. If you would like to know more about cookies and understand how they work, you can utilise a third-party website such as www.aboutcookies.org. As per Term 5.2.f, please note that use of third-party websites is not governed under the Terms in this Agreement. Your use of the third-party websites will be governed by the Terms of that specific third-party site.

5.4.b What do we use Cookies for?

We use Google cookies to monitor how our website and related Google products are being utilised so we can make improvements to the experience you receive. Our use of Google requires us to pass to Google your IP address only . Google uses this information to prepare site usage reports for us, but Google may also share this information with other Google services. In particular, Google may use the data collected to contextualize and personalize the ads of its own advertising network. Related information:

We also use Facebook Pixel to target our Facebook ads to people who have visited our website. Related information:

If you have any queries about the cookies that we use, or would like more information, please contact us via the details in section 2 of these Terms.

5.4.c How to control Cookies

You can control and/or delete cookies as you wish – for details, see www.aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

5.5 How long will we keep your data?

We only keep your data for as long as is necessary for the purpose(s) for which it has been provided.

5.6 Who do we share your personal data with?

We sometimes share your personal data with trusted third parties. We only do this where it is necessary.

We apply a strict policy to those recipients or data processors to keep your data safe and protect your privacy. In particular:

  • We provide only the information they need to perform their specific services.
  • They may only use your data for the exact purposes specified in our contract with them.
  • We work closely with them to ensure that your privacy is respected and protected at all times.
  • If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

5.7 Where is your data processed?

We may transfer personal data overseas. In particular, we use cloud IT and similar data storage facilities based in the Republic of Ireland and therefore may store, process and transmit data to and within the EEA.

Whenever we transfer any data out of the UK, we ensure a similar degree of protection is afforded to it and treated with the same security measures regardless of location, and in accordance with our internal processes and policies as well as regulatory and legal obligations. In particular, we ensure that at least one of the following safeguards is implemented:

  • we will only transfer personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK by means of an adequacy decision or similar in accordance with UK adequacy regulations or otherwise will comply with EU GDPR transfer restrictions, as applicable;
  • where we use certain service providers, we may use specific contractual provisions which gives personal data the same protection it has within the UK and ensures a similar level of protection to the personal data as if it was processed within the UK, as applicable, and/or
  • we will require that any overseas third party to which we disclose personal data to: (a) only use that personal data for the purposes for which it was disclosed, (b) use all technical and organisational measures which are reasonable in the circumstances to secure that personal data, (c) delete that personal data when it is no longer required, and (d) treat that personal data in accordance with this Data and Privacy Notice and the appropriate data privacy law.

6. What are your rights?

6.1 You have rights under UK GDPR and these include the right to be informed what information we hold about you. In particular, you have the right to request the following:

  • access to the personal data we hold about you – commonly referred to as a ‘data subject access request’, this is free of charge in most cases;
  • the correction of your personal data when incorrect, out of date or incomplete;
  • that we stop or restrict any consent-based processing of your personal data after you have withdrawn consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end; and
  • the deletion of all your personal information in certain circumstances, for instance, if the information is no longer necessary for the purposes for which it was collected.

6.2 You also have the right to request a copy of any information about you that we hold at any time.

If we choose not to action your request, we will explain to you the reasons for our refusal.

For further details on your rights, please visit the Information Commissioner’s Office at https://ico.org.uk/your-data-matters/

7.1 Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

8. Where we rely on our legitimate interest

8.1 In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to cease processing for reasons connected to your individual situation. Once notified, we must do so immediately unless we believe we have a legitimate overriding reason (for example under UK legislation or regulations) to continue processing your personal data.

9. Links to other websites

9.1 The website may include hyperlinks to external third-party websites at times or reference other websites of interest, however these are provided for your convenience only.

9.2 Once you have used these links to leave our website, you should note that we do not have any control or proprietary ownership over any third-party websites referred to and thereby accept no responsibility for any content or information included within these third-party websites.

9.3 Your use of the third-party websites thereafter will be governed by the Terms of that specific third-party site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this policy. You should exercise caution and look at the privacy statement or policy applicable to the website in question.

10. Updates

10.1 We reserve the right to update our privacy policy from time to time without notifying you directly. By continuing to use the services and our website, you agree to the latest version of our privacy policy. Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

10.2 Your privacy and issues surrounding this are important to us. This privacy notice explains our approach to any information we may collect from you, and the purposes for which we process your personal information.

10.3 Should any of the Terms or part of these Terms be deemed invalid or unenforceable by a Court of law with the correct jurisdiction, we agree that the specified Term(s) will be deemed to be deleted without change to the other prevailing provisions within this Agreement.

11. The Regulator

11.1 If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

11.2 You can contact them by calling 0303 123 1113 or by visiting their website online at www.ico.org.uk/concerns.