Stormbreak CIO

Please read these Terms of Use (these terms) carefully before using www.stormbreak.org.uk (our site).

Please note that your use of our site means that you accept, and agree to abide by, these terms.

1. Who we are and how to contact us
   • stormbreak.org.uk is a site operated by Stormbreak CIO ("we", "us", "our"). We are registered as a charity in England and Wales under charity number 1182771 and have our registered office at 8a Parr Street, Ashley Cross, Poole BH14 0JY United Kingdom.
   • To contact us, please email hello@stormbreak.org.uk.
     
     
2. By using our site you accept these terms
   • By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
   • If you are using our site in the course of your employment (for example, in your capacity as a teacher, school employee or surgery employee) you confirm that you are also accepting these terms of use on behalf of your employer (and you confirm that you are authorised to do so). In those circumstances, references to "you" in these terms of use shall be deemed to include a reference to your employer.
   • If you do not agree to these terms, or (where you are using our site in the course of your employment) if you are not authorised by your employer to agree to them, you must not use our site.
   • Our site is only intended to be used by adults, or children under the supervision of their parent, guardian or responsible adult.
   • In the case of children under the age of 18 using our site, their parent, guardian or responsible adult is responsible for the supervision of those children that access our site or any content on our site. This includes where we use other platforms to provide content, such as YouTube, (or other platforms that allow children to access content without the supervision of an adult). In this case, where we refer to "you" in these terms that includes both the individual child user and their parent, guardian or relevant responsible adult.
     
     
3. There are other terms that may apply to you
   • These terms of use refer to the following additional terms, which also apply to your use of our site:
     • Our Privacy Policy. See further under How we may use your personal information.
     • Our Cookie Policy, which sets out information about the cookies on our site.

4. What the site is for
   • The site is made available for the purposes of providing an online library of resources, tools, information and activities aimed at helping trusted adults support the emotional, mental and physical health and wellbeing of children aged 4 to 11 years.
   • The site does not provide specific medical advice. The content on our site is provided for general information purposes only. Our site and our resources are not a substitute for specific professional, medical or mental health support and you agree not to use them as such.
   • We do not provide clinical diagnoses and/or counselling services and you agree that you are responsible for obtaining and will first obtain appropriate professional medical advice before using the resources on our site, or taking, or refraining from taking, any action on the basis of content on our site.
     
     
5. We may make changes to these terms
   • We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in December 2022.
     
     
6. We may make changes to our site
   • We may update and change our site from time to time; for example, to reflect changes to our services, improve performance, enhance functionality, address security issues, our users' needs and/or our business priorities. We will try to give you reasonable notice of any major changes.
     
     
7. We may suspend or withdraw our site
   • We do not guarantee that our site, or any content on it, will always be available or that access will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
   • You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
     
     
8. We may transfer this agreement to someone else
   • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
     
     
9. Our site is directed at users in the UK
   • Whilst our site may be accessible by users outside the United Kingdom, we cannot confirm and do not represent that the site itself, or any content available on or through our site, is appropriate for use or available in other locations other than within the United Kingdom.
     
     
10. You must keep your account details safe
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@stormbreak.org.uk.
      
      
11. Prohibited uses of our site
    • You must not use our site:
      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect;
      • for the purpose of harming or attempting to harm minors or vulnerable people in any way;
      • to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our site;
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect our operation and/or security or any computer software or hardware; or
      • to infringe our intellectual property rights or those of any third party.
    • You also agree not to access without authority, interfere with, damage or disrupt:
      • any part of our site;
      • any equipment or network on which our site is stored;
      • any software used in the provision of our site; or
      • any equipment or network or software owned or used by any third party.

12. Take Down Policy
    • Stormbreak takes reasonable steps to ensure that content on our site is only reproduced with consent of the copyright holders. However, it is possible that we may not have such consent.
    • If you believe that you are the owner of copyright or related rights in any of the content on the site, and you believe that our use of this content infringes your intellectual property or any other rights please contact us at hello@stormbreak.org.uk.
    • We will use reasonable endeavours to take down such content from our site upon receipt of your written objection, while the matter is investigated.
    • Please include the following information in your written objection:
      • Your name, email address and phone number
      • The web page address where you found the work
      • The nature of the complaint; and
      • Confirmation that you are the copyright holder or are authorised to act on behalf of the rights holder. You may be asked to provide proof of this ownership.
    • Your objection will be acknowledged within 28 days of receipt. The information you provide in your written objection will be used only in connection with this enquiry.
      
      
13. How you may use material on our site
    • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
    • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      
      
14. Do not rely on information on this site
    • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, up to date or in line with current prevailing medical guidelines or requirements.
      
      
15. We are not responsible for third party content or websites we link to
    • Where our site contains links to other sites and resources provided by third parties, the content and websites accessible via these links are provided by and are the responsibility of those third parties. They are provided for your information only. Where such links are made available, this should not be interpreted as approval by us of those linked websites or any information that you may obtain from them.
    • We have no control over the contents of those sites or resources. Please always check the terms of use of any third party sites carefully.
    • We use JustGiving as our donation page and we include links to our social media sites: Instagram and Twitter. Whilst we may post and/or curate content on these sites, we have no control over these sites.
16. Our responsibility for loss or damage suffered by you
    • Unless agreed with us in advance in writing, you agree not to use our site for any commercial or business purposes.
    • Whether you are a consumer or a business user:
      • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      • Different limitations and exclusions of liability will apply to liability arising in connection with donations made via the site. These limitations and exclusions, and any other terms are set out in the terms and conditions of our third party donation provider.
    • If you are a business user:
      • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
      • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        1. use of, or inability to use, our site; or
        2. use of or reliance on any content displayed on our site.
      • In particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
      • If you are a consumer user:
        • Please note that we provide our site to you for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
        • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
      • Parents, guardians and responsible adults are responsible for the supervision of children in their care when those children access our site or use any content on our site; we are not responsible for monitoring how or where children access and use the content on our site.

17. How we may use personal information
    • If you are accessing the Stormbreak website as a parent, guardian or responsible adult then Stormbreak is a Controller in respect of the Personal Data that you provide to us (including your child's Personal Data).
    • If you are accessing the Stormbreak website as an organisation (for example, a school or medical organisation) then the following applies:
      • Stormbreak is a Controller of Personal Data provided for general use of the website, to facilitate donations and fundraising activities, used for research purposes, and as part of competitions and events.
      • Stormbreak is a Processor of Personal Data processed by it to enable you to use of Stormbreak Shine Pathways.
    • Where Stormbreak is a Controller, then our Privacy Notice applies.
    • Where Stormbreak is a Processor, then we shall Process Personal Data in accordance with the terms set out in Schedule 1.
      
      
18. We are not responsible for viruses and you must not introduce them
    • We do not guarantee that our site will be secure or free from bugs or viruses.
    • We use reasonable firewall, virus and content filtering software, but we cannot guarantee 100% security or that our site will be free from bugs, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. We shall not have any responsibility for damage to, unauthorised access to, or viruses or other code that may affect any computer equipment, software, data or other property as a result of access to our site. We shall also not be responsible for the actions of third parties in breaching our security measures.
    • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
      
      
19. Rules about linking to our site
    • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
    • We reserve the right to withdraw linking permission without notice.
    • The website in which you are linking must comply in all respects with the content standards set out in these terms.
    • If you wish to link to or make any use of content on our site other than that set out above, please contact hello@stormbreak.org.uk.
      
      
20. Suspension and termination
    • We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When we determine that a breach of these terms has occurred, we may take such action as we deem appropriate. 
    • Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
      • immediately, temporarily or permanently, withdrawing your right to use our site and any content;
      • issuing a warning to you;
      • commencing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      • taking further legal action against you; or
      • disclosing such information to law enforcement authorities as we reasonably feel is necessary.
    • The responses described in these terms are not limited and we may take any other action we reasonably deem appropriate.
      
      
21. Which country's laws apply to these terms and any disputes?
    • These terms, their subject matter and formation are governed by the laws of England and Wales.
    • If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    • If you are a business or professional, you and we both agree to the exclusive jurisdiction of the courts of England and Wales.
      
      
22. Contacting you
    • Where we say we will notify you of something under these terms, we may do this either by adding a notification to the general site homepage, sending a direct message to your account, or contacting you using the contact details you provided on signup.

Last updated December 2022

Schedule 1 - Data Processing Terms

1. Definitions and interpretation

Data Protection Law: the Data Protection Act 2018, the UK GDPR, any other applicable law concerning data protection, or privacy and any subordinate or related legislation.

Services: the provision of access to the Stormbreak Shine Pathways materials.

UK GDPR: as defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

The following terms shall have the meaning given to them in Data Protection Law: Controller,  Data Subject, Personal Data, Processing, Processed, Process, and Processor.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Any phrase followed by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Relationship between the parties
   • You acknowledge that Stormbreak is a Processor of Personal Data Processed by Stormbreak to provide the Services. The provisions of this Schedule 1 apply to such Processing.
3. Stormbreak's obligations
   • Unless you instruct us in writing otherwise, we shall only Process Personal Data to the extent necessary to provide the Services and in accordance with this schedule.
   • Stormbreak shall only Process Personal Data on documented instructions from you, including with regard to transfers of Personal Data to a country outside of the United Kingdom, or an international organisation, unless required to do so by applicable law to which Stormbreak is subject; in such a case, we shall inform you of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest. For the avoidance of doubt, paragraph 1 constitutes documented instructions for the purposes of this paragraph.
   • Stormbreak shall ensure that persons authorised to Process Personal Data are contractually bound to keep such Personal Data confidential to at least the standard set out in this schedule.
   • Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Stormbreak shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:
     • the pseudonymisation and encryption of Personal Data;
     • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services;
     • the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and
     • a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the Processing.
   • In assessing the appropriate level of security referred to in paragraph 4 above, Stormbreak shall take into account in particular the risks that are presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data transmitted, stored or otherwise Processed.
   • Stormbreak shall take steps to ensure that any natural person acting under its authority who has access to Personal Data does not Process them except on instructions from you, unless required to do so by applicable law.
   • You hereby provide your prior, general authorisation for Stormbreak to engage other Processors for carrying out specific Processing activities (a Sub-Processor), provided that Stormbreak:
     • shall ensure the same data protection obligations as set out in this schedule shall be imposed by Stormbreak on the Sub-Processor by way of a contract or other legal act under applicable law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the Processing will meet the requirements of Data Protection Law;
     • shall remain responsible for the acts and omission of any such Sub-Processor as if they were the acts and omissions of Stormbreak; and
     • shall inform you of any intended changes concerning the addition or replacement of the Sub-Processors, thereby giving you the opportunity to object to such changes.
   • Taking into account the nature of the Processing, Stormbreak shall assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the Data Subject's rights laid down in Data Protection Law.
   • Stormbreak shall assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the UK GDPR, and your equivalent obligations under any Data Protection Law which replaces the UK GDPR, taking into account the nature of Processing and the information available to us.
   • Stormbreak shall make available to you all information necessary to demonstrate compliance with the obligations laid down in the UK GDPR and this schedule and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you.
   • Stormbreak shall unless instructed to do otherwise by you or an applicable law requires storage of the your Personal Data by us:
     • return all your Personal Data to you after the end of the provision of Services relating to the Processing; and
     • ensure that we have not kept any copy of any such Personal Data.