Terms and Conditions

Terms and Conditions

These terms and conditions are the contract between you and NotOkay (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence [UK-TCins02]. They protect your rights as well as ours.

I / We are NotOkay, [an online mental health forum specifically for individuals living in United Kingdom only], [available online only]

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

1.          Definitions

“Content”	means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Intellectual Property”	means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website”	means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
“Post”	means place on or into Our Website any Content or material of any sort by any means.
“Services”	means all of the services available from Our Website.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.2 in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.3 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Basis of Contract

3.1 We do not offer the Services in all countries, we operate specifically to residents of the United Kingdom only. We may refuse to provide the Services if you live in a country we do not serve.

3.2 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

3.3 Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website.

3.4 So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.

3.5 We may change this agreement and / or the way we provide the Services, at any time. If we do:

3.5.1 the change will take effect when we Post it on Our Website.

3.5.2 you agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.

4. Your account and personal information

When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

4.1 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

4.2 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

5. How we handle your Content

5.1 Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [privacy policy].

5.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

5.3 Even if access to your data is behind a user registration, it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

5.4 Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

5.5 You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

5.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

5.7 Please notify us of any security breach or unauthorised use of your account.

6. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may:

6.1 be unlawful, or tend to incite another person to commit a crime;

6.2 consist in commercial audio, video or music files;

6.3 be obscene, offensive, threatening, violent, malicious or defamatory;

6.4 be sexually explicit or pornographic;

6.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

6.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

6.7 post Content on behalf of some other person, or impersonate another person;

6.8 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

6.9 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

6.10 facilitate the provision of unauthorised copies of another person’s copyright work;link to any of the material specified in this paragraph;

6.11 send age-inappropriate communications or Content to anyone under the age of 18.

7. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

7.1 hyperlinks, other than those specifically authorised by us;

7.2 keywords or words repeated, which are irrelevant to the Content Posted.

7.3 the name, logo or trademark of any organisation other than that of you or your client.

7.4 inaccurate, false, or misleading information.

8. Removal of offensive Content

8.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

8.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

8.3 If you are offended by any Content, the following procedure applies:

                8.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

8.3.2 we shall remove the offending Content as soon as we are reasonably able;

8.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

8.3.4 we may re-instate the Content about which you have complained or not.

8.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

8.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

9. Security of Our Website

9.1 If you violate Our Website, we shall take legal action against you.

9.2 You now agree that you will not, and will not allow any other person to:

9.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

            9.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

9.2.3 download any part of Our Website, without our express written consent;

        9.2.4 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

       9.2.5 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

9.2.6 share with a third party any login credentials to Our Website;

9.3 Despite the above terms, we now grant a licence to you to:

       9.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

          9.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10. Storage of data

10.1 We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Services. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

10.2 We assume no responsibility for the deletion or failure to store or deliver email or other messages.

10.3 You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

10.4 We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

11. Interruption to Services

11.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

11.2 You acknowledge that the Services may also be interrupted for many reasons beyond our control.

11.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

12. Termination

12.1 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

12.2 Termination by either party shall have the following effects:

             12.2.1 your right to use the Services immediately ceases;

             12.2.2 we are under no obligation to forward any unread or unsent messages to you or any third party;

13. Intellectual Property

You agree that at all times you will:

13.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

13.2 notify us of any suspected infringement of the Intellectual Property;

13.3 so far as concerns software provided or made accessible by us to you, you will not:

            13.3.1 copy, or make any change to any part of its code;

            13.3.2 use it in any way not anticipated by this agreement;

            13.3.3 give access to it to any other person than you, the licensee in this agreement;

            13.3.4 in any way provide any information about it to any other person or generally.

13.4 not use the Intellectual Property except directly as intended by this agreement or in our interest.

14. Disclaimers and limitation of liability

14.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

14.2 All implied conditions, warranties and terms are excluded from this agreement

14.3 Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us [via the “Contact us” page on Our Website or email us at team@notokay.co.uk].

14.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

14.5 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

14.6 The NotOkay Website and NotOkay Services are provided “as is”. We make no representation or warranty that Services will be:

            14.6.1 useful to you;

            14.6.2 of satisfactory quality;

            14.6.3 fit for a particular purpose;

            14.6.4 available or accessible, without interruption, or without error.

14.7 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

14.8 We accept no responsibility for:

            14.8.1 privacy of any transmission;

            14.8.2 third party advertisements which are posted on Our Website or through the Services;

            14.8.3 the conduct, whether online or offline, of any user of Our Website or the Services;

        14.8.4 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.

            14.8.5 loss or damage resulting from your attendance at an event organised through Our Website or the Services;

14.9 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned. Note that NotOkay is a free subscription. But we do have a PayPal Donation option which is at your discretion, and if out of the goodness of your heart, you choose to donate any sum to the upkeep and maintenance of NotOkay Website, the said amount shall not be disputed nor refunded.

14.10 Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £200.

14.11 We shall not be liable to you for any loss or expense which is:

            14.11.1 indirect or consequential loss; or

            14.11.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

14.12 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to us.

15. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

15.1 your failure to comply with the law of any country;

15.2 your breach of this agreement;

15.3 any act, neglect or default by any agent, employee, licensee or customer of yours;

15.4 a contractual claim arising from your use of the Services

15.5 a breach of the intellectual property rights of any person;

15.6 for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100.00 per hour without further proof.

16. Miscellaneous matters

16.1 You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

16.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

16.3 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

16.4 If you are in breach of any term of this agreement, we may:

            16.4.1 terminate your account and refuse access to Our Website;

            16.4.2 remove or edit Content, or cancel any order at our discretion;

            16.4.3 issue a claim in any court.

16.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

16.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

16.7 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. But in the event that the parties miss or accidentally delete the message, hence delivery by hand and by post would be the first priority.

16.8 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

16.9 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

16.10 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

16.11 The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

© Andrew Taylor and Net Lawman Ltd.

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Privacy Policy

Privacy Policy

This is the Privacy Policy of NotOkay https://notokay.co.uk, an online forum/communication website primarily and specifically for individuals suffering from Mental Health Problems, (‘we’, ‘our’, or ‘us’). [provided by Andrew Taylor and Net Lawman Ltd. Under UK-ITwww02.

We have no physical office but work from home to maintain and monitor the website.

Introduction

This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.

In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.

This notice applies to personal data collected through our website and through social media platforms e.g. Facebook, Instagram, Twitter, TikTok, YouTube, Pinterest, etc., and other online platforms that may get connected with our website in the future.

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

Personal data we process

1. How we obtain personal data

The information we process about you includes information:

• you have directly provided to us
• that we gather from third party databases and service providers
• as a result of monitoring how you use our website or our services

2. Types of personal data we collect directly

When you use our website, our services or donate to us [we provide free subscription, but accepts PayPal donation if you would like help us in the upkeep and maintenance of the website], for example, when you create an account on our website, we ask you to provide personal data. This can be categorised into the following groups:

• personal identifiers, such as your first and last names, your title and your date of birth
• contact information, such as your email address, your telephone number and your postal addresses for billing, delivery and communication
• account information, including your username and password
• payment information, such as a debit or credit card number and expiry date and bank account details
• records of communication between us including messages sent through our website, and email messages conversations
• marketing preferences that tell us what types of marketing you would like to receive

In addition, we may also process the following documents in terms of Identity Verification [identity verification is advisable but not compulsory]. You an learn more about Identity Verification and becoming a Verified Member by visiting the page Identity Verification on our website:

• documentation that confirms your identity, such as an image of your passport or driver’s licence
• an image that shows your face, such as a passport photograph
• documentation that confirms you have been diagnosed as suffering from Mental Health problems [this could be a letter from your GP, or an appointment letter with the mental health team, showing your name and signatory of appointment officer/consultant].

3. Types of personal data we collect from third parties

 

We confirm some of the information you provide to us directly using data from other sources. We also add to the information we hold about you, sometimes to remove the need for you to provide it to us and sometimes in order to be able to assess the quality of the services you offer.

The additional information we collect can be categorised as follows:

• information that confirms your identity
• business information, including your business trading name and address, your company number (if incorporated), and your VAT number (if registered)
• information that confirms your contact informationreviews and feedback about your business on other websites through which you sell your services
• unsolicited complaints by other users

4. Types of personal data we collect from your use of our services

By using our website and our services, we process:

• your username and password and other information used to access our website and our services
• information you contribute to our community, including reviews
• your replies to polls and surveys
• technical information about the hardware and the software you use to access our website and use our services, including your Internet Protocol (IP) address, your browser type and version and your device’s operating system
• usage information, including the frequency you use our services, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages
• transaction information that includes the details of the products services you have bought from us and payments made to us for those services
• your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.

5. Our use of aggregated information

We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.

For example, we may aggregate usage information to assess whether a feature of our website is useful.

However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.

6. Special personal data

Special personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

It also includes information about criminal convictions and offences.

We may collect special personal data about you if there is a lawful basis on which to do so.

7. If you do not provide personal data we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.

If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

8. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.

We may use it in order to:

• verify your identity for security purposes when you use our services
• sell products to you
• provide you with our services
• provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

9. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal data.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, we ask you to agree to our use of non-essential cookies when you access our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at our ‘Contact Us’ page or emailing us at team@notokay.co.uk. However, if you do so, you may not be able to use our website or our services further.

We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.

10. Information we process for the purpose of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

• improving our services
• record-keeping for the proper and necessary administration of our website NotOkay.
• responding to unsolicited communication from you to which we believe you would expect a responsepreventing fraudulent use of our services
• exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property
• insuring against or obtaining professional advice that is required to manage our website NotOkay risk
• protecting your interests where we believe we have a duty to do so

11. Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal data.

12. Information we process to protect vital interests

In situations where processing personal information is necessary to protect someone’s life, where consent is unable to be given and where other lawful bases are not appropriate, we may process personal information on the basis of vital interests.

For example, we may inform relevant organisations if we have a safeguarding concern about a vulnerable person.

How and when we process your personal data

13. Your personal data is not shared

We do not share or disclose to a third party, any information collected through our website.

If you have an account on this website, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

14. Information you provide – content and media

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

For example, when you leave a review, comment, or post a message on our website, we reasonably assume that you consent for the review, comment, post, or message to be seen by others. We may include your username with your message, and your message may contain information that is personal data.

Other examples include:

• tagging an image
• being tagged in an image
• being mentioned in a review, comment, post, or message
• clicking on an icon next to another visitor’s review, comment, post, or message to convey your agreement, disagreement or thanks

In posting personal data, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

We provide you with a public profile page, the information on which may be indexed by search engines or used by third parties. The information you provide on that profile page may be made available to the public.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal data that you have posted. You can make a request by contacting us at our ‘Contact Us’ page in our website or emailing us at team@notokay.co.uk.

15. Payment information

We offer a free subscription but welcome any donation via PayPal. Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment of donation, you are transferred to a secure page on the website of PayPal payment services. That page may be branded due to our website connection with PayPal, but it is not controlled by us.

16. Donation and Direct Debit information

We offer free subscription, but we have also set up a Donation via PayPal, in case you want to donate to us any amount as per your discretion, to assist us in the upkeep and maintenance of the website. If from the goodness of your heart, you decide to make a monthly donation to us through PayPal [the donated amount is at your discretion], when you agree to set up a Direct Debit arrangement, the information you give to us is passed to our own account on PayPal for processing according to our instructions. We do not keep a copy.

PayPal will keep this information only for the duration of the Direct Debit arrangement.

Once a donation is made, or direct debit is set up via PayPal, we cannot refund the donation, but it is at your discretion via PayPal to terminate the direct debit setup from PayPal at any time.

17. Job application and employment

If you send us information in connection with a job application, we may keep it for up to one year in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for one year before destroying or deleting it.

18. Information obtained from third parties

Although we do not disclose your personal data to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal data from third parties whose services we use.

No such information is personally identifiable to you.

19. Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

20. Credit reference

We do not transact any services requiring a credit reference. But we may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website.

21. Disputes between users

In the event of a dispute between you and another user, provided that you consent, we may share your basic personal data, business information and contact information with the other user.

At our discretion, we may share other information to enable the dispute to be resolved through litigation or alternative dispute resolution methods.

22. Service providers and business partners

We may share your personal data with businesses that provide services to us, or with business partners.

As examples:

• we may pass your payment information to our payment service provider to take payments from you
• we may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website
• we may pass your contact information to advertising agencies to use to promote our services to you

23. Referral partners

We do not have a Referral Scheme at the moment, but may, in future introduce a Referral Scheme.

In the event of the introduction of a Referral Scheme, this is information given to us by you in your capacity as an affiliate of us or as a referral partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission [amount of commission will be decided as and when Referral Scheme is introduced] due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems

24. Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.

Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.

We use cookies in the following ways:

• to track how you use our website
• to record whether you have seen specific messages we display on our website
• to keep you signed in to our websiteto record your answers to surveys and questionnaires on our site while you complete them
• to record the conversation thread during a live chat with our support team

25. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.     

If you request a password reset, your IP address will be included in the reset email.        

26. Re-marketing

Re-marketing involves placing a ‘tracking technology’ such as a cookie, a ‘web beacon’ (also known as an ‘action tag’ or a ‘single-pixel GIF’) to track which pages you visit and to serve you relevant adverts for our services when you visit some other website.

The benefit of re-marketing technology is that we can provide you with more useful and relevant adverts, and not show you ones repeatedly that you may have already seen.

We may use a third-party advertising service to provide us with re-marketing services from time to time. If you have consented to our use of such tracking technologies, you may see advertisements for our products and services on other websites.

We do not provide your personal data to advertisers or to third-party re-marketing service providers. However, if you are already a member of a website whose affiliated business provides such services, that affiliated business may learn of your preferences in relation to your use of our website.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Other matters

27. Your rights

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

28. Use of our services by children

Our website is for adults from age 18+ living in the United Kingdom.

We do not sell products or provide services for purchase by children, nor do we market to children.

However, since the reality is that mental health affects everyone, irrespective of age, a parent/guardian can register on their behalf and also manoeuvre around the website on their behalf.

It is strongly advised that you [the parent/guardian] are present with the children physically while they are using our website. It is therefore, strictly agreed, that due diligence and supervision in accessing the website is solely and entirely the responsibility of the parent/guardian. 

Since this is a free website, we cannot monitor every registered member, however, we will try our best in the limited manpower resources that we have, and if we find a member below the age of 18, we will inform them to provide us their parent/guardian email and contact number, to duly inform of our findings and also to obtain a written approval letter and responsibility confirmation.

In instances where we fail to receive such information of parent/guardian [two days window], we will immediately terminate the registration and remove them from our database.

If you are under 18, you may use our website only with consent and physical supervision from a parent or guardian.

We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.

29. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

30. Delivery of services using third party communication software

With your consent, we may communicate using software provided by a third party such as Facebook (WhatsApp), Apple (Facetime), Microsoft (Skype) or Zoom Video Communications (Zoom).

Such methods of communication should secure your personal data using encryption and other technologies. The providers of such software should comply with all applicable privacy laws, rules, and regulations, including the GDPR.

If you have any concerns about using a particular software for communication, please tell us.

31. Data may be processed outside the UK

Our website is hosted in the United Kingdom.

We may also use outsourced services in countries outside the UK from time to time in other aspects of our business.

Accordingly data obtained within the UK or any other country could be processed outside the UK.

We use the following safeguards with respect to data transferred outside the UK:

• the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
• the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority.
• we comply with a code of conduct approved by a supervisory authority.we are certified under an approved certification mechanism as provided for in the Act.
• both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority relating to protection of your information.

32. Control over your own information

It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.

At any time, you may contact us to request that we provide you with the personal data we hold about you.

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.

This may limit the service we can provide to you.

We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.

33. Communicating with us

When you contact us, whether through our website or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our website NotOkay.

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

34. Complaining

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

You can reach out to us via the ‘Contact Us’ page on our website or email us at team@notokay.co.uk.

When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.

We aim to investigate all complaints relating to user generated content. However, we may not be able to do so as soon as a complaint is made. If we feel that it is justified or if we believe that the law requires us to do so, we shall remove the content while do so.

Making a complaint may not result in the removal of the content. Ultimately, we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

35. Retention period

Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:

• to provide you with the services you have requested
• to comply with other law, including for the period demanded by our tax authorities
• to support a claim or defence in courtIf you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
• For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

36. Compliance with the law

Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).

37. Subscription

We currently offer only a free subscription to use our website and all its features, with an added option for donation via PayPal. This donation amount is at your discretion, and it is there if you decide to help us out with the cost of the upkeep and maintenance of the website.

But in line with future improvements, cost, and growth, there may or may not be a future need to turn the free subscription into a paid subscription. When such changes occur, we will notify all members before such a change is implemented, giving them due time to process, and give them the choice to remain as free members but with limited use of features, or paid membership with unlimited use of features.

38. Review of this privacy policy

We shall update this privacy notice from time to time as necessary.

© Andrew Taylor and Net Lawman Ltd.

 

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