WHO WE ARE

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information when you visit and interact with www.fleuriemusic.com. 

WHAT INFORMATION DO WE COLLECT?

We may collect, store and use the following kinds of personal information:

• Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website);
• Information that you provide to us for the purpose of registering with us;
• Information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
• Any other information that you choose to send to us.

COOKIES

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to keep track of you while you navigate the website. We will use the persistent cookies to enable our website to recognize you when you visit.

Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

USING YOUR PERSONAL INFORMATION

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

• Administer the website;
• To facilitate billing and shipping of merchandise;
• Improve your browsing experience by personalising the website;
• Enable your use of the services available on the website;
• Send you general (non-marketing) commercial communications;
• Send you email notifications which you have specifically requested;
• Send to you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
• Provide third parties with statistical information about our users – but this information will not be used to identify any individual user; and
• Deal with enquiries and complaints made by or about you relating to the website.
  Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
  

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

DISCLOSURES

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information:

• to the extent that we are required to do so by law;
• in connection with any legal proceedings or prospective legal proceedings;
• in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
• to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
• to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  

Except as provided in this privacy policy, we will not provide your information to third parties.

INTERNATIONAL DATA TRANSFERS

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area. In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to such transfers of personal information.

SECURITY OF YOUR PERSONAL INFORMATION

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall- protected) servers.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

POLICY AMENDMENTS

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy by email.

YOUR RIGHTS

You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:

• the payment of a fee (currently fixed at $10.00 USD); and
• the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.

THIRD PARTY WEBSITES

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

UPDATING INFORMATION

Please let us know if the personal information which we hold about you needs to be corrected or updated.

CONTACT

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to hk@picnicartists.com or by post to c/o 4501 Charlotte Pike, P.O. Box 92194, Nashville, TN 37209, USA

DATA CONTROLLER

The data controller responsible in respect of the information collected on this website is Heather Kelly and they can be contacted at hk@picnicartists.com

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TERMS RELATING TO USER GENERATED CONTENT (UGC)

These terms apply to our use of any words, pictures, images, data, information or any other ‘user-generated content’ (“UGC”) that you provide directly to us or give us permission to use on third party websites and/or platforms, including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat, Tik Tok and Twitter (the “Third Party Platforms”) and which we might want to use on our website (the “Website”), our social media platforms or marketing channels, or in any other way that we may determine from time to time.

For further information on how we might use your personal data when collecting and/or using the UGC you provide, please see our privacy policy above.

If you have any questions or queries as to how we will use your UGC or personal data, please contact hk@picnicartists.com

We reserve the right to alter these terms and conditions without advance notice, by posting a revised version on our website. You should review the terms each time you grant us permission or authorization to feature your UGC.

USING UGC WHERE YOU SUBMIT IT THROUGH OUR DIGITAL PLATFORMS OR SOCIAL CHANNELS

Our digital platforms and social channels may allow you to supply UGC which can be accessed and viewed by both us and other users (each a “Submission“).

By making such a Submission, you acknowledge that:

• you are the copyright owner of the UGC, or have been granted the express permission of the copyright owner to make the Submission;
• you have or have been granted the rights necessary to grant us the licences detailed below; and
• that, if applicable, each person depicted in any Submission has provided you with their express consent to use the Submission as set out in these Terms.

Notwithstanding any other provision within these Terms, by making or agreeing to a Submission you retain all ownership rights in the Submission, and grant:

• to us, a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence (with rights to sub-license) to reproduce, adapt, translate, reformat, display and/or distribute any such Submission (including, but not limited to, for promoting the Website and/or making the Submission available to other users of the Website) without acknowledging the source; and
• to any user of the digital platforms, a worldwide, non-exclusive, royalty-free, irrevocable, licence to access your Submission through the digital platforms, and to use, reproduce, display such Submission to the extent as permitted by the digital platforms functionality and these Terms.

You understand and acknowledge that no sum (including compensation) will be paid to you with respect to the use of your Submission and that we shall be under no obligation to use all or part of the Submission either on our official digital platforms or for any other reason.

If you do not want to grant us the permission set out above on these Terms, please do not submit your contribution as a Submission.

MONITORING SUBMISSIONS

We reserve the right to, but you acknowledge that we are not under any obligation to monitor any Submissions and you agree that you are entirely responsible for all Submissions that you (or a third party using our digital platforms) makes available to us.

We reserve the right to edit, delete or remove without notification any Submission to our official channels that in our reasonable opinion fails to comply with these Terms. We also reserve the right to edit, delete or remove without notification any Submission that in our reasonable opinion might infringe a third party’s rights, or detract from the Website or in any way bring it, us or our name into disrepute.

If you think that any Submission does not comply with these Terms or that you consider are inappropriate, offensive, infringes your or anybody else’s rights, then please contact us by using the ‘Report Abuse’ or ‘Report Post’ links (located within the relevant Submission) or if the report procedure has been used without response within a reasonable timeframe, then please send an email to hk@picnicartists.com

USING UGC WHERE WE IDENTIFY YOUR CONTENT

 

Using your UGC

From time to time, we (along with any of our authorized service providers that we may appoint from time to time) may identify UGC, including but not limited to any UGC we find on Third Party Platforms, that we would like to use on any or all of our platforms

The UGC selected and used by us will be used in accordance with these terms and conditions.

By agreeing that we may use the UGC, you hereby grant to us and our related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use the UGC in any manner to be determined in the Licensed Parties’ sole discretion.

The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the UGC in any manner in their sole discretion, with no obligation to you.

We may determine that the use of your personal data is necessary for the purpose of using and promoting the UGC. Where you agree that we may use the UGC, you grant us and our Licensed Parties the right to use your your personal data in connection with any use of your UGC.

 

Granting permission to use your UGC

If we would like to use your UGC in any way, we will contact you on the relevant Third-Party Platform to ask for your consent. Once you have given your consent. you agree to be bound by these terms and conditions as well as the terms of use of any relevant Third-Party Platform.

Where we do not receive a response from you within 7 days from the date we originally contacted you requesting use of the UGC, we will assume that you do not consent to our use of your UGC.

You accept that we may choose not to use your UGC or to remove your UGC from our platforms. You agree that you will not receive any payment or other remuneration if we use your UGC.

If you remove any of the UGC you released to us from the Third Party Platform it was originally posted on, then please note that where the UGC is used by us on Third Party Platforms which are not linked, the UGC will not be automatically removed from our platfroms. If this occurs, and you would no longer like the UGC to be used on our platforms, please contact hk@picnicartists.com

 

UGC Representations

You hereby agree and represent and warrant that:

• you own all rights in and to your UGC and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such UGC;
• you are solely responsible for your UGC;
• the Licensed Parties’ use of the UGC as described herein will not violate any third-party rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, proprietary or other rights, of any third party, or any law, rule or regulation;
• to the extent permissible by law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the UGC;
• the UGC is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability; and
• the creation and use of your UGC in any way complies with all applicable laws and regulations.

Further to the above, you agree:

• to give us your permission, and all other necessary, permissions, for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your UGC or any part of it; and
• that if the UGC is corrupted, inappropriate, illegible or otherwise not in accordance with these terms and conditions then we will not accept the UGC or use it in any way.

Where you grant us permission to use the UGC, the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the UGC or otherwise, except pursuant to the Licensed Parties’ respective privacy policies.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your UGC.

 

Minors

Protecting the online privacy of children is important to us and whilst we provide access to all areas of the Website to users who are aged under 13 years of age, UGC requests and submissions on social platforms and digital platforms will be limited to users who are aged over 13 years of age. Further, we agree that we shall take reasonable steps to ensure that it does not use any UGC which it identifies online, including on any Third-Party Platforms, where the creator of that UGC is aged under 13 years of age. For the avoidance of doubt, we may use UGC whose subject is an individual under 13 years of age provided that we obtain in advance all necessary consents required to use such content.

If we reasonably believe a piece of UGC is created by or being used by a user under 13 years of age, we reserve the rights to terminate such submission, or cease proceeding with a UGC request where we have identified the content, without any warning. Whilst we use our reasonable efforts to prevent Submissions by users who are younger than 13 years of age, we are not responsible for users who do not comply with these strict provisions of these Terms and/or lie about their age when registering a Website or Social Account.

 

Miscellaneous

To the extent it is permitted by law to do so, we accept no liability for any damage, injury or loss suffered due to our use of the UGC.

We will only use personal information supplied by you for the purposes of using the UGC, unless you provide your consent for us to use your personal information for any other agreed purpose.

These terms are governed by the laws of England and Wales and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.