Legal Information
Terms & Conditions
Terms and Conditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use and become a User of portal.aestheticnursesoftware.com (“Our Software”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account and becoming a User. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Software immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and use Our Software, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Software;
“Contract” means the contract between Us and you for the purchase and sale of a Subscription to Our Software, as explained in Clause 6;
Data Protection Legislation means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;
“Order” means your order for a Subscription to become a User on our Software;
“SubscriptionConfirmation”means Our acceptance and confirmation of your Order;
“Subscription” means a subscription to access Our Software, purchased in accordance with these Terms and Conditions;
“User” means a User of Our Software;
“User Content” means information uploaded to the Software by a User; and
“We/Us/Our” “” means Aesthetic Nurse Software Ltd. Registered in England and Wales under company number:10425543 with registered office address 18 TheCourtyard, Gorsey Lane, Coleshill, Birmingham, B461JA, United Kingdom
2. Information About Us
2.1 This Software is run by means Aesthetic Nurse Software Ltd. Registered inEngland and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA,United Kingdom
3. Access and Changes to Our Software
3.1 Access to Our Software requires a Subscription. Upon purchasing a Subscription, Our Software will be available to you for the duration of thatSubscription and any and all subsequent renewals.
3.2 We may from time to time make changes to Our Software:
3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Software;
3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any suchchanges (including, if applicable, anything that you need to do),however they will be unlikely to materially affect your use of OurSoftware; and
3.2.3 We will continue to develop and improve Our Software over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.3 We will always aim to ensure that Our Software is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Software. If we need to suspend Our Software for longer than 14 days, We will add the corresponding time to the duration of your current Subscription period at no cost to you.
4. Accounts
4.1 An Account is required to access Our Software.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. No part of your name or business name should be used in your password. It isyour responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 2018, as set out in Clause 21.
4.7 If you wish to close and delete your Account, you may do so at any time bye mailing us at info@astheticnursesoftware.com. Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable.To avoid losing anything that you have created or uploaded using Our Software, please ensure that you have requested your User Content to be exported for you to store on your computer or device before closing your Account. This can be done via email to info@astheticnursesoftware.com.
5. Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Software) correspond to the actual services that will be provided to you. There may, however, be minor variations from time to time.
5.2 Our User’s Subscriptions run on a monthly basis. When you sign up to become a User you will sign up for a one month period. Your Subscription will automatically renew unless you cancel your Subscription in accordance with this Terms and Conditions.
5.3 All pricing information is correct at the time of going online. Our Subscription Prices are payable monthly in advance.
5.4 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased, but may affect renewals of Subscriptions.
6. Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your Subscription. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Software, Software or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept.
6.3 If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 14 days.
6.4 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.
6.5 By purchasing a Subscription, you are expressly requesting that you wish access to Our Software to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 8
7. Payment
7.1 Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
7.2 We accept payment by Stripe.
8. Cancellation
8.1 If you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed, please contact Us within 2 days of the start date of the Subscription atinfo@astheticnursesoftware.com. Please note that this option is available only if you have not used Our Software during the period of the Subscription that you wish to cancel. If We can trace any use of Our Software to your Account during that period, you will not be able to cancel under this provision.
8.2 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
8.2.1 By serving no less than one months’ notice to cancel your Subscription from next payment date; or
8.2.2 We have incorrectly described Our Software or it is faulty (please refer to Clause 16 for more details); or
8.2.3 We have informed you of an upcoming change to Our Software or to these Terms and Conditions that you do not agree to; or
8.2.4 We have informed you of an error in the price or description of your Subscription or Our Software and you do not wish to continue; or
8.2.5 There is a risk that the availability of Our Software may be significantly delayed due to events outside of Our control; or
8.2.6 We have informed you that We have suspended, or are planning to suspend, availability of Our Software for a period greater than 14 days; or
8.2.7 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.3 Subject to sub-Clause 8.4, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 8.4), no refunds can be provided and you will continue to have access to Our Software for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
8.4 To cancel a Subscription for any reason, please inform us using one of the following methods.
8.4.1 By telephone on 0330 133 2122; or
8.4.2 By email at info@astheticnursesoftware.com;
8.5 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Software in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.6 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
8.7 In certain limited circumstances, We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure:
8.7.1 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us atinfo@astheticnursesoftware.com.
8.7.2 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in theSubscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewingSubscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
9. Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, nontransferable licence to use Our Software for business purposes, subject to these Terms and Conditions.
9.2 Subject to the licence granted to Us under sub-Clause 9.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
9.3 All other Content included in Our Software (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.4 By accepting these Terms and Conditions, you hereby undertake:
9.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Software;
9.4.2 Not to disassemble, decompile or otherwise reverse engineer Our Software;
9.4.3 Not to allow or facilitate any use of Our Software that would constitute a breach of these Terms and Conditions; and
9.4.4 Not to embed or otherwise distribute Our Software on any Software, ftp server or similar.
10. User Content
10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Software. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.
10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under subClause 10.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.
10.4 If you wish to remove User Content, you may do so by deleting the Content in your Account section or by emailing us at info@astheticnursesoftware.com.You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
11. Intellectual Property Rights and User Content
11.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
12. Acceptable Usage Policy
12.1 You may only use Our Software in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
12.1.2 You must not use Our Software in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our Software to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
12.1.4 You must not use Our Software in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 The following types of User Content are not permitted on Our Software and you must not create, submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your Account and/or your access to Our Software if you materially breach the provisions of this Clause 12 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Software (for more details regarding such cancellation, please refer to sub-Clause 8.9);
12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Problems with Our Software and Consumers’ Legal Rights
13.1 If you have any questions or complaints regarding Our Software, please emailUs at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact.
14. Disclaimers
14.1 No part of Our Software or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
14.2 We make reasonable efforts to ensure that the content contained within Our Software is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Software (and the content therein) is complete, accurate or up-to-date.
14.3 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Software. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
15. Our Liability
15.1 To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Software or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Software.
15.2 To the fullest extent permissible by law, We accept no liability for loss or damage that is not foreseeable.
15.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Software or any Content (including User Content) included in Our Software.
15.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.5 We exercise all reasonable skill and care to ensure that Our Software is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Software (including the downloading of any Content (including User Content) from it) or any other Software or service that We may provide a link to.
15.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
15.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’Advice Bureau or Trading Standards Office.
16. Viruses, Malware and Security
16.1 We exercise all reasonable skill and care to ensure that Our Software is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded.
16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Software.
16.4 You must not attempt to gain unauthorised access to any part of Our Software, the server on which Our Software is stored, or any other server, computer, or database connected to Our Software.
16.5 You must not attach Our Software by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Software will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
17. Privacy and Cookies
The Use of Our Software is also governed by Our Privacy and Cookie Policies, available from www.aestheticnursesoftware.com/contact. These policies are incorporated into these Terms and Conditions by this reference.
18. Data Protection
18.1 The User shall ensure that it has compliant fair processing notices, and where necessary appropriate consents or other lawful basis for processing under Data Protection Legislation, in place to enable the lawful transfer to and processing by Us of the User Content.
18.2 The User will indemnify Us and keep Us indemnified against all costs, claims, losses, fines or damages suffered by Us arising out of the User’s breach of Clause 19.1.
18.3 In this Clause 19, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation(“GDPR”).
18.4 We hereby agree that we shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Clause shall not relieve either Party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
18.5 For the purposes of the Data Protection Legislation and for this Clause, the User is the “Date Controller” and We are the “Data Processor”.
18.6 The type(s) of personal data, the scope, nature and purpose of the processing, and the duration of the processing are set out in the Schedule.
18.7 The User shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to Us for the purposes described in this Agreement.
18.8 We shall, with respect to any personal data processed by Us in relation to its performance of any of its obligations under this Agreement:
18.8.1 Process the personal data only on the written instructions of the User unless We are otherwise required to process such personal data by law. We shall promptly notify the User of such processing unless prohibited from doing so by law.
18.8.2 Ensure that We have in place suitable technical and organisational measures to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures. Measures to be taken are set out in the Schedule.
18.8.3 Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential; and
18.8.4 Not transfer any personal data outside of the European Economic Area without the prior written consent of the User and only if the following conditions are satisfied:
18.8.4.1 The User and/or Us have provided suitable safeguards for the transfer of personal data;
18.8.4.2 Affected data subjects have enforceable rights and effective legal remedies;
18.8.4.3 We comply with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and
18.8.4.4 We comply with all reasonable instructions given in advance by the User with respect to the processing of the personal data.
18.8.5 Assist the User at the User’s cost, in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);
18.8.6 Notify the User without undue delay of a personal data breach;
18.8.7 On the User’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the User on termination of this Agreement unless it is required to retain any of the personal data by law; and
18.8.8 Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with this Clause and to allow for audits by theUser and/or any party designated by the User.
18.9 In the event that the Data Processor appoints a sub-processor, the DataProcessor shall enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this Clause and which shall permit both the Data Processor and the User to enforce those obligations and shall ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.
18.10 Either Party may, at any time, and on at least 30 days’ notice, alter this Clause, replacing it with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply and replace this Clause by attachment to this Agreement.
19. Communications from Us
19.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Software, and changes to your Account.
19.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
19.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at info@astheticnursesoftware.com.
20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
21. Changes to these Terms and Conditions
21.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Software after the changes have been implemented. You are therefore advised to check this page from time to time.
21.2 In the event of any conflict between the current version of these Terms andConditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
22. Contacting Us
To contact Us, please email Us at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact
23. Law and Jurisdiction
26.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
26.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
SCHEDULE
1. Data Processing
Scope – Holding and storing personal data on our software system.
Nature – Storage of personal data.
Purpose – To hold the personal data on our software system.
Duration – Whilst the User is a client and for 4 years afterwards unless the User requests the data is deleted or moved to a different place.
2. Types of Personal Data
Name, DOB, address, contact details, treatments carried out, medical history and consents, treatment photographs and notes.
3. Categories of Data Subject
The User’s end customer.
4. Organisational and Technical Data Protection Measures
As set out in the software licence.
Legal Information
Privacy Policy
Privacy Policy
Aesthetic Nurse Software understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.aestheticnursesoftware.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested when you visit our Site.
1. Information About Us
Our Site is owned and operated by Aesthetic Nurse Software Ltd. Registered in England and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA, United Kingdom.
2. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 12.
b) The right to access the personal data we hold about you. Part 11 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 12 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 12 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data. Privacy Policy 2
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact our using the details provided in Part 12.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 12.
5. What Data Do You Collect and How?
Depending upon your use of Our Site, we may collect and hold some or all of the personal set out in the table below, using the methods also set out in the table. We do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to children and/or data relating to criminal convictions and/or offences.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
(a) Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth, gender and passport details.
(b) Contact Data includes billing address, delivery address, email address and telephone numbers.
(c) Financial Data includes bank account and payment card details.
(d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
(e) 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. Privacy Policy 3
(f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
(g) Usage Data includes information about how you use our website, products and services.
(h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties.
5.1 How Do You Use Google User Data?
If you choose to sync your Google Calendar with our platform, we may access and use your data as follows.
We will only push data from our platform into your Google Calendar. We will NOT collect any existing data from your Google Calendar to store within our platform.
We will collect and store your access token (permission) for Google Calendar, to link your account with our platform and allow our platform read/write access to sync new events from our platform into your Google Calendar. This will be encrypted.
This data will not be shared.
6. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:
| What We Do | What Data We Use | Our Lawful Basis |
|---|---|---|
| To register you as a new customer |
(a) Identity (b) Contact |
Performance of a contract with you |
| To process and deliver your
order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (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 relationship
with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (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 prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (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) Identity (b) Contact (c) Technical |
(a) Necessary for our
legitimate interests (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 | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
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 analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage |
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 | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
We may profile your data. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so. Please contact us to find out more using the details in Part 12.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
| Type of Data | How Long We Keep it |
|---|---|
| Contact Data includes billing address, delivery address, email address and telephone numbers. | Whilst you are a customer and for four years after you are a customer |
| Financial Data includes bank account and payment card details. | 6 years. |
| Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender. | Whilst you are a customer and for four years after you are a customer |
| Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. | 6 years. |
| 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. | As set out in the cookie policy |
| Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. | Whilst you are a customer and for four years
after you are a customer. For four years after you make an enquiry with us or register to receive marketing communications |
| Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. | Whilst you are a customer and for four years
after you are a customer. For four years after you make an enquiry with us or register to receive marketing communications |
8. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation.
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. We may sometimes contract with the following third parties to supply certain products and/or services.
| Recipient | Activity Carried Out | Sector | Location |
|---|---|---|---|
| APPOLY | Website and software maintenance | IT | UK. |
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
11. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
12. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email: info@astheticnursesoftware.com,
Telephone on 0330 133 2122,
Postal Address: 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA, United Kingdom.
13. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Legal Information
Cookie Policy
Cookie Policy
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use and become a User of portal.aestheticnursesoftware.com (“Our Software”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account and becoming a User. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Software immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and use Our Software, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Software;
“Contract” means the contract between Us and you for the purchase and sale of a Subscription to Our Software, as explained in Clause 6;
Data Protection Legislation means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;
“Order” means your order for a Subscription to become a User on our Software;
“SubscriptionConfirmation”means Our acceptance and confirmation of your Order;
“Subscription” means a subscription to access Our Software, purchased in accordance with these Terms and Conditions;
“User” means a User of Our Software;
“User Content” means information uploaded to the Software by a User; and
“We/Us/Our” “” means Aesthetic Nurse Software Ltd. Registered in England and Wales under company number:10425543 with registered office address 18 TheCourtyard, Gorsey Lane, Coleshill, Birmingham, B461JA, United Kingdom
2. Information About Us
2.1 This Software is run by means Aesthetic Nurse Software Ltd. Registered inEngland and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA,United Kingdom
3. Access and Changes to Our Software
3.1 Access to Our Software requires a Subscription. Upon purchasing a Subscription, Our Software will be available to you for the duration of thatSubscription and any and all subsequent renewals.
3.2 We may from time to time make changes to Our Software:
3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Software;
3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any suchchanges (including, if applicable, anything that you need to do),however they will be unlikely to materially affect your use of OurSoftware; and
3.2.3 We will continue to develop and improve Our Software over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.3 We will always aim to ensure that Our Software is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Software. If we need to suspend Our Software for longer than 14 days, We will add the corresponding time to the duration of your current Subscription period at no cost to you.
4. Accounts
4.1 An Account is required to access Our Software.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. No part of your name or business name should be used in your password. It isyour responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 2018, as set out in Clause 21.
4.7 If you wish to close and delete your Account, you may do so at any time bye mailing us at info@astheticnursesoftware.com. Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable.To avoid losing anything that you have created or uploaded using Our Software, please ensure that you have requested your User Content to be exported for you to store on your computer or device before closing your Account. This can be done via email to info@astheticnursesoftware.com.
5. Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Software) correspond to the actual services that will be provided to you. There may, however, be minor variations from time to time.
5.2 Our User’s Subscriptions run on a monthly basis. When you sign up to become a User you will sign up for a one month period. Your Subscription will automatically renew unless you cancel your Subscription in accordance with this Terms and Conditions.
5.3 All pricing information is correct at the time of going online. Our Subscription Prices are payable monthly in advance.
5.4 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased, but may affect renewals of Subscriptions.
6. Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your Subscription. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Software, Software or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept.
6.3 If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 14 days.
6.4 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.
6.5 By purchasing a Subscription, you are expressly requesting that you wish access to Our Software to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 8
7. Payment
7.1 Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
7.2 We accept payment by Stripe.
8. Cancellation
8.1 If you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed, please contact Us within 2 days of the start date of the Subscription atinfo@astheticnursesoftware.com. Please note that this option is available only if you have not used Our Software during the period of the Subscription that you wish to cancel. If We can trace any use of Our Software to your Account during that period, you will not be able to cancel under this provision.
8.2 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
8.2.1 By serving no less than one months’ notice to cancel your Subscription from next payment date; or
8.2.2 We have incorrectly described Our Software or it is faulty (please refer to Clause 16 for more details); or
8.2.3 We have informed you of an upcoming change to Our Software or to these Terms and Conditions that you do not agree to; or
8.2.4 We have informed you of an error in the price or description of your Subscription or Our Software and you do not wish to continue; or
8.2.5 There is a risk that the availability of Our Software may be significantly delayed due to events outside of Our control; or
8.2.6 We have informed you that We have suspended, or are planning to suspend, availability of Our Software for a period greater than 14 days; or
8.2.7 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.3 Subject to sub-Clause 8.4, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 8.4), no refunds can be provided and you will continue to have access to Our Software for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
8.4 To cancel a Subscription for any reason, please inform us using one of the following methods.
8.4.1 By telephone on 0330 133 2122; or
8.4.2 By email at info@astheticnursesoftware.com;
8.5 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Software in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.6 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
8.7 In certain limited circumstances, We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure:
8.7.1 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us atinfo@astheticnursesoftware.com.
8.7.2 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in theSubscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewingSubscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
9. Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, nontransferable licence to use Our Software for business purposes, subject to these Terms and Conditions.
9.2 Subject to the licence granted to Us under sub-Clause 9.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
9.3 All other Content included in Our Software (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.4 By accepting these Terms and Conditions, you hereby undertake:
9.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Software;
9.4.2 Not to disassemble, decompile or otherwise reverse engineer Our Software;
9.4.3 Not to allow or facilitate any use of Our Software that would constitute a breach of these Terms and Conditions; and
9.4.4 Not to embed or otherwise distribute Our Software on any Software, ftp server or similar.
10. User Content
10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Software. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.
10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under subClause 10.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.
10.4 If you wish to remove User Content, you may do so by deleting the Content in your Account section or by emailing us at info@astheticnursesoftware.com.You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
11. Intellectual Property Rights and User Content
11.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
12. Acceptable Usage Policy
12.1 You may only use Our Software in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
12.1.2 You must not use Our Software in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our Software to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
12.1.4 You must not use Our Software in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 The following types of User Content are not permitted on Our Software and you must not create, submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your Account and/or your access to Our Software if you materially breach the provisions of this Clause 12 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Software (for more details regarding such cancellation, please refer to sub-Clause 8.9);
12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Problems with Our Software and Consumers’ Legal Rights
13.1 If you have any questions or complaints regarding Our Software, please emailUs at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact.
14. Disclaimers
14.1 No part of Our Software or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
14.2 We make reasonable efforts to ensure that the content contained within Our Software is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Software (and the content therein) is complete, accurate or up-to-date.
14.3 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Software. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
15. Our Liability
15.1 To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Software or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Software.
15.2 To the fullest extent permissible by law, We accept no liability for loss or damage that is not foreseeable.
15.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Software or any Content (including User Content) included in Our Software.
15.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.5 We exercise all reasonable skill and care to ensure that Our Software is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Software (including the downloading of any Content (including User Content) from it) or any other Software or service that We may provide a link to.
15.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
15.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’Advice Bureau or Trading Standards Office.
16. Viruses, Malware and Security
16.1 We exercise all reasonable skill and care to ensure that Our Software is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded.
16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Software.
16.4 You must not attempt to gain unauthorised access to any part of Our Software, the server on which Our Software is stored, or any other server, computer, or database connected to Our Software.
16.5 You must not attach Our Software by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Software will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
17. Privacy and Cookies
The Use of Our Software is also governed by Our Privacy and Cookie Policies, available from www.aestheticnursesoftware.com/contact. These policies are incorporated into these Terms and Conditions by this reference.
18. Data Protection
18.1 The User shall ensure that it has compliant fair processing notices, and where necessary appropriate consents or other lawful basis for processing under Data Protection Legislation, in place to enable the lawful transfer to and processing by Us of the User Content.
18.2 The User will indemnify Us and keep Us indemnified against all costs, claims, losses, fines or damages suffered by Us arising out of the User’s breach of Clause 19.1.
18.3 In this Clause 19, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation(“GDPR”).
18.4 We hereby agree that we shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Clause shall not relieve either Party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
18.5 For the purposes of the Data Protection Legislation and for this Clause, the User is the “Date Controller” and We are the “Data Processor”.
18.6 The type(s) of personal data, the scope, nature and purpose of the processing, and the duration of the processing are set out in the Schedule.
18.7 The User shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to Us for the purposes described in this Agreement.
18.8 We shall, with respect to any personal data processed by Us in relation to its performance of any of its obligations under this Agreement:
18.8.1 Process the personal data only on the written instructions of the User unless We are otherwise required to process such personal data by law. We shall promptly notify the User of such processing unless prohibited from doing so by law.
18.8.2 Ensure that We have in place suitable technical and organisational measures to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures. Measures to be taken are set out in the Schedule.
18.8.3 Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential; and
18.8.4 Not transfer any personal data outside of the European Economic Area without the prior written consent of the User and only if the following conditions are satisfied:
18.8.4.1 The User and/or Us have provided suitable safeguards for the transfer of personal data;
18.8.4.2 Affected data subjects have enforceable rights and effective legal remedies;
18.8.4.3 We comply with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and
18.8.4.4 We comply with all reasonable instructions given in advance by the User with respect to the processing of the personal data.
18.8.5 Assist the User at the User’s cost, in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);
18.8.6 Notify the User without undue delay of a personal data breach;
18.8.7 On the User’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the User on termination of this Agreement unless it is required to retain any of the personal data by law; and
18.8.8 Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with this Clause and to allow for audits by theUser and/or any party designated by the User.
18.9 In the event that the Data Processor appoints a sub-processor, the DataProcessor shall enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this Clause and which shall permit both the Data Processor and the User to enforce those obligations and shall ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.
18.10 Either Party may, at any time, and on at least 30 days’ notice, alter this Clause, replacing it with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply and replace this Clause by attachment to this Agreement.
19. Communications from Us
19.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Software, and changes to your Account.
19.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
19.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at info@astheticnursesoftware.com.
20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
21. Changes to these Terms and Conditions
21.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Software after the changes have been implemented. You are therefore advised to check this page from time to time.
21.2 In the event of any conflict between the current version of these Terms andConditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
22. Contacting Us
To contact Us, please email Us at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact
23. Law and Jurisdiction
26.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
26.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
SCHEDULE
1. Data Processing
Scope – Holding and storing personal data on our software system.
Nature – Storage of personal data.
Purpose – To hold the personal data on our software system.
Duration – Whilst the User is a client and for 4 years afterwards unless the User requests the data is deleted or moved to a different place.
2. Types of Personal Data
Name, DOB, address, contact details, treatments carried out, medical history and consents, treatment photographs and notes.
3. Categories of Data Subject
The User’s end customer.
4. Organisational and Technical Data Protection Measures
As set out in the software licence.
Legal Information
Terms & Conditions
Terms and Conditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use and become a User of portal.aestheticnursesoftware.com (“Our Software”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account and becoming a User. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Software immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and use Our Software, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Software;
“Contract” means the contract between Us and you for the purchase and sale of a Subscription to Our Software, as explained in Clause 6;
Data Protection Legislation means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;
“Order” means your order for a Subscription to become a User on our Software;
“SubscriptionConfirmation”means Our acceptance and confirmation of your Order;
“Subscription” means a subscription to access Our Software, purchased in accordance with these Terms and Conditions;
“User” means a User of Our Software;
“User Content” means information uploaded to the Software by a User; and
“We/Us/Our” “” means Aesthetic Nurse Software Ltd. Registered in England and Wales under company number:10425543 with registered office address 18 TheCourtyard, Gorsey Lane, Coleshill, Birmingham, B461JA, United Kingdom
2. Information About Us
2.1 This Software is run by means Aesthetic Nurse Software Ltd. Registered inEngland and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA,United Kingdom
3. Access and Changes to Our Software
3.1 Access to Our Software requires a Subscription. Upon purchasing a Subscription, Our Software will be available to you for the duration of thatSubscription and any and all subsequent renewals.
3.2 We may from time to time make changes to Our Software:
3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Software;
3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any suchchanges (including, if applicable, anything that you need to do),however they will be unlikely to materially affect your use of OurSoftware; and
3.2.3 We will continue to develop and improve Our Software over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.3 We will always aim to ensure that Our Software is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Software. If we need to suspend Our Software for longer than 14 days, We will add the corresponding time to the duration of your current Subscription period at no cost to you.
4. Accounts
4.1 An Account is required to access Our Software.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. No part of your name or business name should be used in your password. It isyour responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 2018, as set out in Clause 21.
4.7 If you wish to close and delete your Account, you may do so at any time bye mailing us at info@astheticnursesoftware.com. Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable.To avoid losing anything that you have created or uploaded using Our Software, please ensure that you have requested your User Content to be exported for you to store on your computer or device before closing your Account. This can be done via email to info@astheticnursesoftware.com.
5. Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Software) correspond to the actual services that will be provided to you. There may, however, be minor variations from time to time.
5.2 Our User’s Subscriptions run on a monthly basis. When you sign up to become a User you will sign up for a one month period. Your Subscription will automatically renew unless you cancel your Subscription in accordance with this Terms and Conditions.
5.3 All pricing information is correct at the time of going online. Our Subscription Prices are payable monthly in advance.
5.4 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased, but may affect renewals of Subscriptions.
6. Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your Subscription. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Software, Software or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept.
6.3 If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 14 days.
6.4 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.
6.5 By purchasing a Subscription, you are expressly requesting that you wish access to Our Software to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 8
7. Payment
7.1 Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
7.2 We accept payment by Stripe.
8. Cancellation
8.1 If you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed, please contact Us within 2 days of the start date of the Subscription atinfo@astheticnursesoftware.com. Please note that this option is available only if you have not used Our Software during the period of the Subscription that you wish to cancel. If We can trace any use of Our Software to your Account during that period, you will not be able to cancel under this provision.
8.2 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
8.2.1 By serving no less than one months’ notice to cancel your Subscription from next payment date; or
8.2.2 We have incorrectly described Our Software or it is faulty (please refer to Clause 16 for more details); or
8.2.3 We have informed you of an upcoming change to Our Software or to these Terms and Conditions that you do not agree to; or
8.2.4 We have informed you of an error in the price or description of your Subscription or Our Software and you do not wish to continue; or
8.2.5 There is a risk that the availability of Our Software may be significantly delayed due to events outside of Our control; or
8.2.6 We have informed you that We have suspended, or are planning to suspend, availability of Our Software for a period greater than 14 days; or
8.2.7 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.3 Subject to sub-Clause 8.4, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 8.4), no refunds can be provided and you will continue to have access to Our Software for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
8.4 To cancel a Subscription for any reason, please inform us using one of the following methods.
8.4.1 By telephone on 0330 133 2122; or
8.4.2 By email at info@astheticnursesoftware.com;
8.5 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Software in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.6 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
8.7 In certain limited circumstances, We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure:
8.7.1 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us atinfo@astheticnursesoftware.com.
8.7.2 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in theSubscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewingSubscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
9. Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, nontransferable licence to use Our Software for business purposes, subject to these Terms and Conditions.
9.2 Subject to the licence granted to Us under sub-Clause 9.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
9.3 All other Content included in Our Software (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.4 By accepting these Terms and Conditions, you hereby undertake:
9.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Software;
9.4.2 Not to disassemble, decompile or otherwise reverse engineer Our Software;
9.4.3 Not to allow or facilitate any use of Our Software that would constitute a breach of these Terms and Conditions; and
9.4.4 Not to embed or otherwise distribute Our Software on any Software, ftp server or similar.
10. User Content
10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Software. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.
10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under subClause 10.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.
10.4 If you wish to remove User Content, you may do so by deleting the Content in your Account section or by emailing us at info@astheticnursesoftware.com.You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
11. Intellectual Property Rights and User Content
11.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
12. Acceptable Usage Policy
12.1 You may only use Our Software in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
12.1.2 You must not use Our Software in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our Software to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
12.1.4 You must not use Our Software in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 The following types of User Content are not permitted on Our Software and you must not create, submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your Account and/or your access to Our Software if you materially breach the provisions of this Clause 12 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Software (for more details regarding such cancellation, please refer to sub-Clause 8.9);
12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Problems with Our Software and Consumers’ Legal Rights
13.1 If you have any questions or complaints regarding Our Software, please emailUs at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact.
14. Disclaimers
14.1 No part of Our Software or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
14.2 We make reasonable efforts to ensure that the content contained within Our Software is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Software (and the content therein) is complete, accurate or up-to-date.
14.3 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Software. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
15. Our Liability
15.1 To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Software or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Software.
15.2 To the fullest extent permissible by law, We accept no liability for loss or damage that is not foreseeable.
15.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Software or any Content (including User Content) included in Our Software.
15.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.5 We exercise all reasonable skill and care to ensure that Our Software is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Software (including the downloading of any Content (including User Content) from it) or any other Software or service that We may provide a link to.
15.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
15.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’Advice Bureau or Trading Standards Office.
16. Viruses, Malware and Security
16.1 We exercise all reasonable skill and care to ensure that Our Software is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded.
16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Software.
16.4 You must not attempt to gain unauthorised access to any part of Our Software, the server on which Our Software is stored, or any other server, computer, or database connected to Our Software.
16.5 You must not attach Our Software by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Software will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
17. Privacy and Cookies
The Use of Our Software is also governed by Our Privacy and Cookie Policies, available from www.aestheticnursesoftware.com/contact. These policies are incorporated into these Terms and Conditions by this reference.
18. Data Protection
18.1 The User shall ensure that it has compliant fair processing notices, and where necessary appropriate consents or other lawful basis for processing under Data Protection Legislation, in place to enable the lawful transfer to and processing by Us of the User Content.
18.2 The User will indemnify Us and keep Us indemnified against all costs, claims, losses, fines or damages suffered by Us arising out of the User’s breach of Clause 19.1.
18.3 In this Clause 19, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation(“GDPR”).
18.4 We hereby agree that we shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Clause shall not relieve either Party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
18.5 For the purposes of the Data Protection Legislation and for this Clause, the User is the “Date Controller” and We are the “Data Processor”.
18.6 The type(s) of personal data, the scope, nature and purpose of the processing, and the duration of the processing are set out in the Schedule.
18.7 The User shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to Us for the purposes described in this Agreement.
18.8 We shall, with respect to any personal data processed by Us in relation to its performance of any of its obligations under this Agreement:
18.8.1 Process the personal data only on the written instructions of the User unless We are otherwise required to process such personal data by law. We shall promptly notify the User of such processing unless prohibited from doing so by law.
18.8.2 Ensure that We have in place suitable technical and organisational measures to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures. Measures to be taken are set out in the Schedule.
18.8.3 Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential; and
18.8.4 Not transfer any personal data outside of the European Economic Area without the prior written consent of the User and only if the following conditions are satisfied:
18.8.4.1 The User and/or Us have provided suitable safeguards for the transfer of personal data;
18.8.4.2 Affected data subjects have enforceable rights and effective legal remedies;
18.8.4.3 We comply with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and
18.8.4.4 We comply with all reasonable instructions given in advance by the User with respect to the processing of the personal data.
18.8.5 Assist the User at the User’s cost, in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);
18.8.6 Notify the User without undue delay of a personal data breach;
18.8.7 On the User’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the User on termination of this Agreement unless it is required to retain any of the personal data by law; and
18.8.8 Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with this Clause and to allow for audits by theUser and/or any party designated by the User.
18.9 In the event that the Data Processor appoints a sub-processor, the DataProcessor shall enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this Clause and which shall permit both the Data Processor and the User to enforce those obligations and shall ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.
18.10 Either Party may, at any time, and on at least 30 days’ notice, alter this Clause, replacing it with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply and replace this Clause by attachment to this Agreement.
19. Communications from Us
19.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Software, and changes to your Account.
19.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
19.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at info@astheticnursesoftware.com.
20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
21. Changes to these Terms and Conditions
21.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Software after the changes have been implemented. You are therefore advised to check this page from time to time.
21.2 In the event of any conflict between the current version of these Terms andConditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
22. Contacting Us
To contact Us, please email Us at info@astheticnursesoftware.com or by using any of the methods provided on Our contact page at www.aestheticnursesoftware.com/contact
23. Law and Jurisdiction
26.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
26.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
SCHEDULE
1. Data Processing
Scope – Holding and storing personal data on our software system.
Nature – Storage of personal data.
Purpose – To hold the personal data on our software system.
Duration – Whilst the User is a client and for 4 years afterwards unless the User requests the data is deleted or moved to a different place.
2. Types of Personal Data
Name, DOB, address, contact details, treatments carried out, medical history and consents, treatment photographs and notes.
3. Categories of Data Subject
The User’s end customer.
4. Organisational and Technical Data Protection Measures
As set out in the software licence.
Legal Information
Privacy Policy
Privacy Policy
Aesthetic Nurse Software understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.aestheticnursesoftware.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested when you visit our Site.
1. Information About Us
Our Site is owned and operated by Aesthetic Nurse Software Ltd. Registered in England and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA, United Kingdom.
2. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 12.
b) The right to access the personal data we hold about you. Part 11 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 12 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 12 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data. Privacy Policy 2
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact our using the details provided in Part 12.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 12.
5. What Data Do You Collect and How?
Depending upon your use of Our Site, we may collect and hold some or all of the personal set out in the table below, using the methods also set out in the table. We do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to children and/or data relating to criminal convictions and/or offences.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
(a) Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth, gender and passport details.
(b) Contact Data includes billing address, delivery address, email address and telephone numbers.
(c) Financial Data includes bank account and payment card details.
(d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
(e) 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. Privacy Policy 3
(f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
(g) Usage Data includes information about how you use our website, products and services.
(h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties.
5.1 How Do You Use Google User Data?
If you choose to sync your Google Calendar with our platform, we may access and use your data as follows.
We will only push data from our platform into your Google Calendar. We will NOT collect any existing data from your Google Calendar to store within our platform.
We will collect and store your access token (permission) for Google Calendar, to link your account with our platform and allow our platform read/write access to sync new events from our platform into your Google Calendar. This will be encrypted.
This data will not be shared.
6. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:
| What We Do | What Data We Use | Our Lawful Basis |
|---|---|---|
| To register you as a new customer |
(a) Identity (b) Contact |
Performance of a contract with you |
| To process and deliver your
order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (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 relationship
with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (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 prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (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) Identity (b) Contact (c) Technical |
(a) Necessary for our
legitimate interests (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 | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
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 analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage |
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 | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
We may profile your data. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so. Please contact us to find out more using the details in Part 12.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
| Type of Data | How Long We Keep it |
|---|---|
| Contact Data includes billing address, delivery address, email address and telephone numbers. | Whilst you are a customer and for four years after you are a customer |
| Financial Data includes bank account and payment card details. | 6 years. |
| Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender. | Whilst you are a customer and for four years after you are a customer |
| Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. | 6 years. |
| 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. | As set out in the cookie policy |
| Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. | Whilst you are a customer and for four years
after you are a customer. For four years after you make an enquiry with us or register to receive marketing communications |
| Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. | Whilst you are a customer and for four years
after you are a customer. For four years after you make an enquiry with us or register to receive marketing communications |
8. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation.
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. We may sometimes contract with the following third parties to supply certain products and/or services.
| Recipient | Activity Carried Out | Sector | Location |
|---|---|---|---|
| APPOLY | Website and software maintenance | IT | UK. |
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
11. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
12. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email: info@astheticnursesoftware.com,
Telephone on 0330 133 2122,
Postal Address: 18 The Courtyard, Gorsey Lane, Coleshill, Birmingham, B46 1JA, United Kingdom.
13. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Legal Information
Cookie Policy
Cookie Policy
This website www.aestheticnursesoftware.com (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site and/or if you click to accept Our Cookie Policy. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.
1. Definitions and Interpretation
1.1 In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:
“Cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the Data Protection Act 1998 and EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and
“We/Us/Our” means Aesthetic Nurse Software Ltd. Registered in England and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, B46 1JA.
2. Information About Us
2.1 Our Site is owned and operated by Aesthetic Nurse Software Ltd. Registered in England and Wales under company number: 10425543 with registered office address 18 The Courtyard, Gorsey Lane, Coleshill, B46 1JA.
3. How Does Our Site Use Cookies?
3.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and/or services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
3.2 By using Our Site, you may also receive certain third party Cookies on your Cookie Policy 2 computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.. For more details, please refer to section 4 below.
3.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
3.3.1 Strictly Necessary Cookies A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
3.3.2 Analytics Cookies It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
3.3.3 Functionality Cookies Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
3.3.4 Targeting Cookies It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests.
3.3.5 Third Party Cookies Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
3.3.6 Persistent Cookies Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
3.3.7 Session Cookies Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
3.4 Cookies on Our Site are not permanent and will expire as indicated in the table below.
3.5 For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy.
3.6 For more specific details of the Cookies that We use, please refer to the table below.
4. What Cookies Does Our Site Use?
4.1 Our Site uses analytics services provided by Google analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and/or services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
4.2 The analytics service(s) used by Our Site use(s) analytics Cookies to gather the required information.
5. Consent and Control
5.1 Before Cookies are placed on your computer or device, you will be shown a Pop-up box requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended.
5.2 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
5.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
5.3.1 Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
5.3.2 Microsoft Internet Explorer: https://support.microsoft.com/enus/kb/278835
5.3.3 Microsoft Edge: https://support.microsoft.com/engb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
5.3.4 Safari (macOS): https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_ GB
5.3.5 Safari (iOS): https://support.apple.com/en-gb/HT201265
5.3.6 Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-anddisable-Cookies-website-preferences
5.3.7 Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform %3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)
6. Changes to this Cookie Policy
6.1 We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.
6.2 In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
7. Further Information
7.1 If you would like to know more about how We use Cookies, please contact Us at info@astheticnursesoftware.com, by telephone on 0330 133 2122, or by post at 18 The Courtyard, Gorsey Lane, Coleshill, B46 1JA.
7.2 For more information about privacy, data protection and our terms and conditions, please visit our Terms & Conditions or Privacy Policy.
