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PRIVACY POLICY and TERMS of USE

Privacy Policy

Please read this Privacy Policy(“Policy”) carefully. This Policy explains what personal information we collect about you, how we may use or disclose your personal information, and the steps we take to ensure that your personal information is kept secure. In this policy, “personal information” is any information or opinion, in any form, which identifies an individual or from which an individual’s identity is apparent or can be reasonably ascertained. By using the https://www.davidernestcornwell.com/ (“Website”) or access to and/or use of the web-site services or products (“Services”) operated by David Cornwell (the “Controller”)and/or giving your information to us, you indicate your consent to us, to collect and use your personal information in accordance with the terms set out in this Policy. 

  1. Information about us

In this Privacy Policy references to “we”, “our”, “ours” are references to David Cornwell who is the Controller for the purposes of the Data Protection Legislation in the UK. 

  1. Purpose of the processing

Within the memberships, studies and trainings and/or therapies, we may collect and process the personal data for providing the Services through the Website. When you provide personal information to us, we may use it for any of the purposes described in this Policy or as stated at the point of collection (or as obvious from the context of collection), including: 

  • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, Services that you request from me via the Website;
  • To contact you if we think you may be interested in our similar services;
  • To notify you about changes to our services;
  • To process and acknowledge any job application that you may make (if any);
  • To administer this Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
  • To improve our Services and our Website to ensure that content is presented in the most effective manner for you and for your computer;
  • To subscribe Website members and ensures that members are able to pay the services via this Website;
  • To Fill in forms on this Website;
  • To provide information to us when you correspond with us or register to use our Website. 
  1. Categories of personal data processed and legal basis

For the above mentioned purposes, WE may process the following categories of personal data: 

a) Contact information, such as full name, address, phone number and email address; 

b) Payment data, such as data necessary for processing payments including credit/debit card numbers and other related billing information;

Unless indicated otherwise, the legal basis for the processing of personal data is Article 6 (1) (b) or (f) of the General Data Protection Regulation, any other applicable legal bases for the processing of personal data according to the Data Protection Act 2018 or - if explicitly provided by data subjects – the consent (Article 6 (1) (a)of the General Data Protection Regulation).

  1. Transfer and disclosure of personal data

We may disclose your personal information to my employees, officers, consultants (if any) as reasonably necessary for the purposes set out in this Privacy Policy. Your personal information may be transferred to third party service providers who process information on our behalf, including providers of information technology, identity management, website hosting and management, data analysis, data back-up, security and storage services. We may disclose your personal information to law enforcement, regulatory, or other government agencies or to other third parties as required by, and in accordance with, applicable law or regulation. 

  1. International Transfers

Your personal data shall not be transferred to countries or territories outside the combined area of the UK and European Economic Area (the EEA). The UK government allows personal data to flow freely to the EEA as it considers the data will receive an essentially equivalent level of protection as it enjoys in the UK. 

  1. Retention Periods

We will retain your personal information only for as long as it is required for the purposes for which it was collected, or as required to do so by law. 

  1. Direct Marketing & Unsubscribing From Marketing

Where we are legally required to obtain your consent to provide you with marketing materials, we will only provide you with such marketing materials if you have provided consent for us to do so. For business to business marketing (if any), we carry this out in our legitimate interests to promote our Services and do not require consent, however you can unsubscribe at any time by clicking the unsubscribe link in our emails. 

You may receive information from us as part of your subscription with me and you may receive automated emails when content is updated. If you subscribe to any newsletters, you will receive emails known as newsletters. If you select any preferences such as issues, topics, subjects or industries, you may receive email communications related to those self-selected topics. If you want to unsubscribe from mailing lists or any marketing, you should look for and follow the instructions we have provided within the appropriate area(s) of the website or in the relevant communications to you. 

If you do not wish to receive emails or marketing communications from us, you can at any time contact us to request that such communications cease. If you choose to unsubscribe from any or all mailings, we may retain information sufficient to identify you so that we can honor your request. 

  1. Rights in relation to your Information

You may have certain rights in relation to the personal information we hold about you. In particular, you may have a right to ask us:

  • Not to use your personal data for marketing purposes;
  • Not to process your personal data where it is processed on the basis of legitimate interests provided that there are no compelling reasons for that processing;
  • Not to process your personal data for scientific or historical research purposes, where relevant, unless the processing is necessary in the public interest.
  • For access to personal information held about you;
  • For the information we hold about you to be rectified if it is inaccurate or incomplete;
  • For data to be erased provided that the personal data is no longer necessary for the purposes for which it was collected, you withdraw consent (if the legal basis for processing is consent), you exercise your right to object, set out below, and there are no overriding legitimate grounds for processing, the data is unlawfully processed or the data needs to be erased to comply with a legal obligation;
  • For the processing of that information to be restricted if the accuracy of that data is contested, the processing is unlawful, the personal data is no longer necessary for the purposes for which it was collected or you exercise your right to object (pending verification of whether there are legitimate grounds for processing);
  • For data portability if the processing is carried out by automated means and the legal basis for processing is consent or contract.

 

If you would like to exercise these rights, please contact us by sending an email or by one of the means set out at the end of this Policy. We may also require you to prove your identity before processing a request. In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner’s Office (ICO) in the UK, at any time. We request that you first contact us and allow us to respond to your concerns before approaching the ICO. The ICO’s contact details are available here: https://ico.org.uk/concerns/. 

  1. Security of Personal Information

We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction. Only authorized persons are provided access to personal information collected via the Website; such individuals have agreed to maintain the confidentiality of this information. 

Although we use appropriate security measures once we have received your personal data, the transmission of data over the Internet (including by e-mail) is never completely secure. We endeavor to protect personal data, but we cannot guarantee the security of data transmitted to or by us. 

  1. Modifications

We may update this Privacy Policy at any time by publishing an updated version on our website. So you know when we make changes to this Policy, we will amend the revision date at the top of this page. The new modified or amended Privacy Policy will apply from that revision date. Therefore, we encourage you to review this Policy periodically to be informed about how we are protecting your information. 

  1. Cookies

Cookies are small files that are put onto your device when you visit websites like ours. We use cookies in order to collect information that helps us improve your user experience. If you do not want cookies, you don’t have to have them. You can disable cookies in your browser or use our cookie settings tool to turn non-essential cookies on or off. If you do block cookies, some elements of our site might not work correctly. We use cookies to do the following: 

  • Keep track of what’s in your shopping basket
  • Remember your orders and enquiries
  • Remember if you are logged in (or not)
  • Offer live chat support
  • See which of our pages you visit
  • Enable retargeting adverts
  • Allow you to share our pages through social networks such as Facebook
  • Email related cookies
  • Forms related cookies
  • Third party analytical cookies 

If you would like more information around cookies then you can visit International Chamber of Commerce Cookie Guide and  https://www.allaboutcookies.org/.

If you have any questions or complaints about this Privacy Policy or cookies or the way your personal information is processed, or would like to exercise one of your rights set out above, please contact us by one of the following means:

Email: [email protected]

 

Terms of use 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.davidernestcornwell.com/ (“Website”) or access to and/or use of the web-site services or products (“Services”) operated by David Cornwell ("us", "we", or "our"). You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website or receiving the Services, you are bound to these Terms and you indicate your continued acceptance of these Terms. 

  1. Your Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and we may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose us to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify us of any unauthorized uses of your information, your account or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 

  1. Responsibility of Users of the Website and/or Services

Your access to, and all of your use of the Website and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and us. When accessing or using the Website and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website and/or Services, and you agree not to use the Website, for any of the following: 

  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;-
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
  • Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website. 
  1. Accessing our site

Access to this Web- site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on this web- site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web-site or the entire Web-site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.  

  1.  Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by the instructor(s), is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any classes. This Website is not a medical organization and its instructor(s) cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of Services are not required to be performed by you and are carried out at your election. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

Although the practices guided by David Ernest Cornwell and other instructors on this platform are safe for the vast majority of people, classes may include difficult postures, meditations and breathing exercises that are not suitable for everyone. At all times you are responsible to modify the practices so they are accessible within your safe limits.

Some classes may include breathing practices that involve breath holding. Those with any medical issues should refrain from practising any of the breath holding exercises. If you are pregnant, breath holding exercises are not suitable. For those with high blood pressure, cardiovascular disease, type 1 diabetes, kidney disease, depression or cancer, it is advisable to only practice gentle breathing exercises and proceed with the consent of your medical practitioner.

By using the Services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructor(s) may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against the Website, or any person or entity involved with the Website, including without limitation its directors, principals, instructor(s), independent contractors, employees, agents, contractors, affiliates and representatives.

  1. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in this web-site, and in the material published on it (if any). 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 obtaining a license to do so from me or our licensors. You may print off one copy, and may download extracts, of any page(s) from this web-site for your personal reference and you may draw the attention of others within your organization to material posted on this web-site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download any part of this web-site in breach of these terms of use, your right to use this web-site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

  1. Trademarks

Our logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use our or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you. 

  1. Termination and Refund

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The member shall in no way have right to refund fee after purchasing the membership.

  1. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.  We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and

agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 

  1. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. 

  1. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

 

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