Terms and Conditions
© Topic of Cancer 2017. All rights reserved.
In the context of these terms and conditions, the following words shall have the following meanings:"Topic of Cancer" means Topic of Cancer a registered charity in England and Wales (1151079).
"Website" means any website under the ownership or control of Topic of Cancer from which a link has been created to these terms and conditions; "Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
"User" means the individual, firm, company or organisation accessing the Website and/or ordering any goods or services, registering for any events and/or making any donations.
2. Applicable terms and conditions
The Website is owned by Topic of Cancer and any use made of the Website (including registrations and donations and orders for goods or services made via the Website), is subject to these terms and conditions. Topic of Cancer may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Warranty and indemnity
The User warrants to Topic of Cancer that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify and hold harmless Topic of Cancer, its employees and agents, against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Topic of Cancer, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
4. Limitation of liability
Topic of Cancer hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Topic of Cancer be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Topic of Cancer has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
5. Third party websites
The Website contains links to websites operated by parties other than Topic of Cancer. Such links are provided for the User's convenience only. Topic of Cancer does not control such websites, and is not responsible for their content. Topic of Cancer's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
Whilst Topic of Cancer makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
7. On-line Transactions
Topic of Cancer reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and Topic of Cancer reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Topic of Cancer or its agents.
9. Force majeure
Topic of Cancer shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
10.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
10.2 These terms and conditions constitute the entire agreement between Topic of Cancer and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Topic of Cancer.
10.3 Any failure of Topic of Cancer to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
Topic of Cancer and your Privacy
Who are we?
This website is run by Topic of Cancer, a registered charity in England, no. 1151079, whose registered office is located at: 23 Poltimore Road, Guildford, Surrey, GU2 7PT, United Kingdom.
You may contact us via email at firstname.lastname@example.org or call on 07593 121435.
How we collect and use your personal information
Personal information that you provide when you use the website
Any information we collect or hold about you will be treated in strictest confidence and held securely on our office server or on our agents’ servers in compliance with the Data Protection Act 1998 and the Regulation (EU) 2016/679 (General Data Protection Regulation).
- Sales and donations through the website
To purchase products from our website store, or to make a donation, we collect the following personal information: your name, delivery address, billing address, email address and contact telephone number. To process your online payment, you will be redirected to the PayPal secure website for the purpose of processing and fulfilling your sales order. It is therefore necessary to transfer securely some of your personal information to PayPal to enable your payment transaction to take place, and complete your purchase.
- Administrative matters
If you have pre-ordered or ordered any of our products and there is a problem of some kind, we will send you an email notifying you what is happening and asking what you would like us to do about it.
- Competitions/prize draws
If you consent, we may ask for your name, email address and address so that we can contact you in the event that you win.
- Support groups
We may collect health information, if you decide to tell us about your cancer experience, or the experiences of a friend or relative.
- Feedback, suggestions, opinions
If you have consented, we may ask you for your suggestions and opinions and provide you with a link for emailing us your response. We will only use the email address we receive from you for the purpose of responding to your questions or suggestions.
If you have subscribed to a newsletter, we will send you emails about events and other publicity relating to our charity.
You can only register to use our site if you are over the age of majority in the country in which you reside. That means that we do not knowingly collect any information about (or market to) children, minors or anyone under the age of majority unless their parent or legal guardian has consented.
If we become aware that a child, minor or anyone under the age of majority has registered with us and provided us with personal information without parental or guardian consent, we will take steps to terminate that person’s account and delete their profile information from our site. If we do delete an account because they violated our age restriction rules, we may retain their email and IP address to ensure that they do not try to get around our rules by creating a new account.
Our legal basis for using your personal information and data
The legal bases on which we rely to use your information are:
- To allow us to perform our contracted obligations to you: when you purchase goods or services from us, a contract between you and us will have been entered into. In order for us to fulfil our obligations under such contract, we will need to collect and process your personal information, including payment information.
- To allow us to exercise our legitimate interests as a data controller: we rely on our legitimate interests as a data controller to process the personal information that you provide to us on feedback forms or through any contest, fundraising, or promotional feature that we may run, and to process personal information that we collect from you when you use our website. It is in our legitimate interests to process the above information in order administer our website, to ensure that content from our website is presented to you effectively and securely and to run contests and other promotional features.
- Where we have obtained your consent: we may provide you with certain marketing information about services or products where you have provided your explicit consent for us to do so.
Disclosure of personal information and your rights
We will only disclose your personal information to:
- our business partners (including our payment processor PayPal Services) and our suppliers and sub-contractors for the performance of any contract we enter into with them or you. Any information Topic of Cancer hold about you will be treated in strictest confidence and held securely on our server or our agents’ servers in compliance with the Data Protection Act 1998. We will not divulge any of your details to any third party without your permission, except when it is necessary for us to fulfil an order or satisfy a request made by you;
- our third-party service providers in order to identify or resolve technical problems arising from the use of the website or to assist with the payment process; and
- our regulators, law enforcement or fraud prevention agencies, as well as our legal advisers, courts and any other authorised bodies, for the purposes of investigating any actual or suspected criminal activity, enforcing our rights or other regulatory or legal matters.
- We may provide you with certain marketing information about services or products where you have provided your explicit consent for us to do so. Please note that we will use your personal information in order to provide certain marketing information for the same or similar services you have previously used.
- If you register to be sent information about our fundraising or events we will ask you for some personal information (name, email address, telephone number) in order to provide you with the service you are requesting. As noted above, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
- If you wish to opt out of receiving marketing communications from Topic of Cancer you can do so by emailing us at email@example.com or clicking the ‘unsubscribe’ button and following the instructions. Please note that if you have signed up for several different lists you will have to remove yourself from each one individually.
Analysis of site visits
We may want to use information collected anonymously about the number of visitors entering our website and where they go within it. We will do this in order to find out whether the structure or content of the site needs amendment, whether we should develop additional titles on certain subjects or reprint certain titles sooner than others. To the best of our knowledge none of this information will be personally identifiable, but if we inadvertently acquired personal information, we would never divulge it to a third party.
We use traffic-log cookies to identify which pages are being used. This helps us analyse data about web-page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis.
Overall, cookies help us provide a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
Please visit our Cookies Policy page for more information.
Links to other websites
Our website contains links to other sites that are not under our control, even though they may use the Topic of Cancer name or logo on their website, through an agreement with us. Such other websites do not necessarily follow our privacy policies, and may place their own cookies on your computer.
This practice is standard on the Internet. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for those policies.
Security of private information
It is impossible for Topic of Cancer completely to guarantee the security of any transmission of information via the Internet. Although we will do our very best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.
Please note that where we provide you (or where you have chosen) a password which enables you to gain access to certain parts of the website, you are responsible for keeping this password confidential. Please do not share a password with anyone.
We make no undertaking or warranty about how or where your data may be stored by third parties with whom you may choose to engage via our website, and to whom you may supply personal data, or request that we supply personal data.
Storage and retention
Where Topic of Cancer collect and store personal data it will be held on servers located within the European Economic Area (EEA). We do not transfer your personal data outside the EEA. Any personal data stored on hard copy will be securely held at the office and will not be taken out of the building.
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it.
The retention period may vary depending on the purposes for which the information was collected. Where a specific legal or regulatory requirement applies to your information we will retain it for the period of time specified in such legal or regulatory requirement. In the absence of a specific legal or regulatory requirement we will retain your information for six years following the event to which it relates (e.g. the specific sale, the specific competition, etc.). We may be required to extend the retention period if the information is required due a complaint or because it is required for litigation. Please also note that we are sometimes legally obliged to retain the information, for example for tax and accounting purposes.
Your rights regarding your personal information
You have certain rights in relation to your personal information that is processed by us. We set out an overview of these rights below. These rights are not absolute and apply subject to certain conditions, as set out in applicable data protection laws. Your rights may include:
- the right to obtain access to personal data held by us about you;
- the right to require us to rectify any inaccurate personal data held by us about you;
- in certain circumstances, the right to require us to erase personal data held by us about you;
- in certain circumstances, the right to restrict our processing of personal data held by us about you;
- in certain circumstances, a right to receive personal data which you have provided to us in a structured, commonly used and machine-readable format. You may also have the right to require us to transfer this personal data to another organisation, at your request;
- the right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you); and
- the right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services and products).
You can exercise these rights by emailing us at firstname.lastname@example.org.
Contacting the Information Commissioner’s Office (ICO)
Should you wish to make a complaint, you may also contact the Information Commissioner’s Office here.
Changes in policy
If we change our policy, we will indicate the changes on this page so you are always aware of the rules we follow in safeguarding personal information.
Queries and concerns
Effective Date: February 2020
Everyone has a duty to safeguard children, young people and vulnerable adults. This policy promotes good practice in safeguarding for those using Topic of Cancer (ToC) facilities. ToC will review it annually.
- Children and young people:
- Anyone under the age of 18 years.
- Vulnerable Adult:
- Anyone over 18 who is:
- Unable to care for themselves
- Unable to protect themselves from significant harm or exploitation
- Or may be in need of community care services
To whom this policy applies
This policy applies to anyone working for or on behalf of ToC whether in a paid, voluntary or commissioned capacity, for example contracted to do a piece of work.
- It also applies to any individual using the ToC facilities for the purpose of delivering any service to children, young people or vulnerable adults.
Promoting a safe environment
In order to promote a safe environment for children, young people and vulnerable adults, ToC will:
- Provide safe facilities and do regular safety assessments.
- Ensure that employees, councillors and leaders of activities in / on ToC facilities, are aware of the safeguarding expectations.
- Ensure that the policy for users of ToC facilities includes a requirement that they are safe to work with children, young people and vulnerable adults. (eg, any adults who have regular unsupervised contact with children, young people or vulnerable adults during the course of their duties should undergo appropriate Disclosure and Barring Service checks.)
- Ensure that attendees at functions, eg Fireworks evening, are aware that parents are responsible for their children’s safety and the location of a dedicated safe place for lost children is clear.
- Display on notice boards the relevant safeguarding contacts for advice and help.
Use of facilities by groups for use with children, young people or vulnerable adults
ToC will require the leaders to:
- Have public liability insurance.
- Have a suitable safeguarding children, young people and vulnerable adult policy and/or agree to work to ToC’s policy and relevant guidance.
- Ensure leaders make their members aware of the ToC Policy and ensure that it is followed whilst using ToC facilities.
- Ensure leaders have valid enhanced DBS checks as appropriate and know where the first aid box is.
- Do risk assessments for individual activities.
Safe working practice
All users of ToC Facilities must follow the safeguarding children, young people and vulnerable adult’s policy and procedures at all times. For example they should:
- Never leave children, young people or vulnerable adults unattended with adults who have not been subject to a Disclosure and Barring Service (DBS) check.
- Plan activities to involve more than one person being present or at least in sight or hearing of others. Alternatively, record, or inform others of their whereabouts and intended action.
- Where possible, have male and female leaders working with a mixed group.
- Ensure registers are complete and attendees are marked in and signed out (under 8’s must be collected by a parent/carer).
- Ensure that photos or videos of individuals are not taken without written permission from parents/carers.
- Ensure they have access to a first aid kit and telephone and know fire procedures. Ensure that where a child, young person or vulnerable adult needs assistance with toilet trips and when first aid is required, that this is carried out in pairs or in the latter case, that it is carried out where they can be seen.
- When working outside, ensure activities, breaks and clothing are suitable for the weather conditions and that shelter is available where possible.
Expectations of behaviour
All users of ToC Facilities should:
- Ensure that communications, behaviour and interaction with users should be appropriate and professional.
- Treat each other with respect and show consideration for other groups using the facilities.
- Refrain from any behaviour that involves racism, sexism and bullying and in addition to report any instances of such behaviour to group leaders or Trustees, as appropriate.
Allegations against staff and volunteers
- All staff and volunteers should take care not to place themselves in a vulnerable position with a child or vulnerable adult.
- If an allegation is made against a member of staff or volunteer, the person receiving the allegation will immediately inform the Chair of the Trustees
- ToC should follow guidelines set down by the Charity Commission.
All staff and volunteers should be aware of their duty to raise concerns about the attitude or actions of colleagues and appropriate advice will be sought from the Charity Commission
What should be a cause for concern
Staff and volunteers should be concerned by any action or inaction, which significantly harms the physical and/or emotional development of a child or vulnerable adult. Abuse falls into four main categories and can include child sexual exploitation and female genital mutilation:
- Physical Abuse
- Emotional Abuse
- Sexual Abuse
Cookies are small text files that web sites often store on the computer hard drives of visitors to their sites. They are widely used in order to make web sites work, or work better, as well as to provide information to the owners of the site. A cookie often contains a unique number, which can be used to recognise your computer when a user of your computer returns to a website that it visited previously.
Types of cookies
There are two broad types of cookies – ‘first party cookies’ and ‘third party cookies’:
- First party cookies are cookies that are served directly by the website operator to your computer, and are often used to recognise your c_omputer when it revisits that site and to remember your preferences as you browse the site.
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In addition, cookies may be either ‘session cookies’ or ‘persistent cookies’. Your computer automatically removes session cookies once you close your browser. Persistent cookies will survive on your computer until an expiry date specified in the cookie itself, is reached.
You have the right to choose whether to accept these cookies. You can exercise this right by amending or setting the controls on your browser to reflect your cookie preferences.
Changing your cookie preferences
The “Help” menu in the toolbar of most web browsers will tell you how to change your browser’s cookie settings, including how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether.