Policies

TERMS OF USE

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

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

We recommend that you print a copy of these terms for future reference.

Information about us and how to contact us
1. This site is operated by The Jencks Foundation on behalf of The Cosmic House. The Jencks Foundation is a registered charity (1197265) and is a company limited by guarantee (13496093) registered in England and Wales. Registered address: The Cosmic House, 19 Lansdowne Walk, London W11 3AH.
2. You may contact us by email at info@thecosmichouse.org
By using our site, you accept these terms
1. These terms tell you the rules for using our site.
2. By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
3. We may amend these terms from time to time. Every time you enter our site, you are expected to check this document to take notice of any changes we make and ensure you understand the terms that apply at that time. Each time you enter our site, you agree that our terms current at that time shall apply to you. Please check back frequently to see any updates or changes to these terms.
4. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site from time to time.
5. We may transfer our rights and obligations under these terms to another organisation.
6. Our site is only intended to be used by adults or children under the supervision of an adult.
7. You are responsible for the supervision of any children under the age of 18 that access our site or any content on our site. This includes where we use other platforms to provide content or provide links to other platforms, such as YouTube, (or other platforms that allow children over the age of 13 to access content without the supervision of an adult).
There are other terms that may apply to you
1. Our Privacy Notice also applies to your use of our site. This sets out the terms on which we process any personal data we collect from you or that you provide to us. We will only use your personal information as set out in our Privacy Notice.
2. We may make changes to, suspend or withdraw our site
Access to our site is made available to you free of charge.
1. We may update and/or change our site from time to time; for example, to reflect changes to our products, improve performance, enhance functionality, address security issues, our users' needs and/or our business priorities.
2. 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 at any time for business and operational reasons.
3. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Our site is directed at users in the UK
1. Whilst our site may be accessible by users outside the United Kingdom, we cannot confirm and do not represent that content available on or through our site is appropriate for use or available in other locations other than within the United Kingdom.
Prohibited uses of our site
1. You shall not use our site:
  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors or vulnerable people in any way;
  4. to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our site;
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  6. 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
  7. to infringe our intellectual property rights or those of any third party.
2. You also agree not to access without authority, interfere with, damage or disrupt:
  1. any part of our site;
  2. any equipment or network on which our site is stored;
  3. any software used in the provision of our site; or
  4. any equipment or network or software owned or used by any third party.
Do not rely on information on our site
1. Our site and all available content is provided for general information purposes only. If you intend to make use of information or content provided on our site, you should obtain independent advice on the legitimacy of such use.
2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
3. We use reasonable care and skill in a professional manner in the way we obtain, compile, select and arrange the content on our site. You acknowledge that our site, including any associated content, may not:
  1. fulfil your present or future individual needs or requirements; and
  2. be complete, error-free, wholly accurate or up-to-date or that it will be delivered without interruption, delay, fault or error.
Take Down Policy
1. The Cosmic House 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.
2. If you believe that you are the owner of copyright or related rights in any of the content on the Website, and you believe that our use of this content infringes your intellectual property or any other rights please contact us at info@thecosmichouse.org.
3. We will use reasonable endeavours to take down such content from our site upon receipt of your written objection, while the matter is investigated.
4. Please include the following information in your written objection:
  1. Your name, email address and phone number
  2. The web page address where you found the work
  3. The nature of the complaint; and
  4. 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.
5. 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.
How you may use material on our site
1. 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.
2. 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.
3. 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, without our prior written consent.
4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. 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.
6. If you print off, copy or download any part of our site in breach of these terms, 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.
We are not responsible for websites we link to
1. In order to facilitate booking of events, our site contains links to sites provided by third parties. We use Arts VP to provide the ticket booking functionality, whilst the landing page on the Arts VP site has been branded for this purpose, we have no control over the wider content or resources on that site.
2. We include links to our social media sites: Instagram, twitter, facebook. Whilst The Cosmic House may post and/or curate content on these sites, we have no control over these sites.
3. We may also link to other third party sites and resources from time to time. Such links are provided for your information only and should not be interpreted as approval by us of those linked sites or information you may obtain from them.
4. Please always check the terms of use of any third party sites carefully.
Our responsibility for loss or damage suffered by you
1. 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.
2. For general use of our site (rather than booking an event) and subject to all other limits and exclusions set out in these terms, our total liability to you whether in contract, tort (including, but not limited to, negligence) or otherwise under these terms is £100.
3. Different limitations and exclusions of liability will apply to liability arising as a result of making a donation or booking an event, which are set out in the terms and conditions set out on the third party sites for providing these services.
4. We are not liable for business losses. Unless agreed with us in advance in writing, you agree not to use our site for any commercial or business purposes. If you use our site for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity, howsoever caused.
We are not responsible for viruses and you must not introduce them
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. 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.
3. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
4. You must not misuse our site by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware 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.
Rules about linking to our site
1. 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.
2. 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.
3. Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
4. We reserve the right to withdraw linking permission without notice.
5. The website from which you are linking must comply in all respects with the content standards set out in these terms.
6. If you wish to link to or make any use of content on our site other than that set out above, please contact us using our contact details above.
Suspension and termination
1. 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.
2. 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:
  1. immediately, temporarily or permanently, withdrawing your right to use our site and any content;
  2. issuing a warning to you;
  3. 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;
  4. taking further legal action against you; or
  5. disclosing such information to law enforcement authorities as we reasonably feel is necessary.
3. We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
1. These terms, their subject matter and formation are governed by the law of England and Wales.
2. If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction 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.
3. If you are a business or professional, you and we both agree to the exclusive jurisdiction of the courts of England and Wales.

Last updated April 2022

PRIVACY NOTICE

About this privacy notice

This privacy notice describes how The Cosmic House (‘Cosmic House’ or ‘we’) collects and uses your personal data.

We are a "controller" (also known as a "data controller"). This means that we are responsible for deciding how and why we hold and use personal data about you, and for explaining this clearly to you.

This notice applies to:

Users of our website www.jencksfoundation.org (our site); and
any person who subscribes to our mailing list.

It is important that you read this notice, together with any other privacy information or notices we may provide on specific occasions when we are collecting or processing personal data about you. This is to help ensure that you are aware of how and why we are using such information.

Information we collect and process

We collect personal data direct from you when you provide us with your contact details in order to sign up to our mailing list.

We may collect further information from you during the period of our relationship.

We use your personal data to communicate with you, including to provide you with information about the opening of the Cosmic House, products or services.

We set out below further information on these purposes and our lawful basis for processing such information.

Users of our site:

When you browse our site we may collect information about your preferences and the pages you are interested in.
We also collect technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
We also collect information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call us.
This is for our legitimate interest in giving you content which is bespoke to you and making sure that our website runs smoothly.

Subscribers to the mailing list

When you provide us with your email address, we will provide you with updates in relation to The Cosmic House, including opening plans, website developments, and other events related to The Cosmic House that we feel may be of interest.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
You will have provided your consent to be contacted via the sign up process. You have a right to withdraw that consent at any time. You can withdraw your consent by contacting us as follows: info@thecosmichouse.org or by clicking the link in any email that we have sent you. Any use of your personal data before you withdraw consent remains valid.

Sharing your information

We may share your information with third parties as follows:

We will share your personal data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
If ever in the future, we are considering restructuring, we may share your information with the other parties involved and with the relevant professional advisors.
If we have a legal obligation to do so or for the purposes of fraud protection and credit risk reduction.
We may share your personal data with third party service providers who act on our behalf such as IT services providers.
We use mailchimp to process our mailing lists, and we will send them your contact details if you sign up to receive emails from us. We have an agreement in place with mailchimp to ensure that your data rights are protected.

Overseas transfers

Any personal data that you submit to us will be held on secure servers, based within the UK or the European Economic Area (EEA).

Mailchimp is based in the US, and will store the details that we provide them on servers based in the US. We have in place standard contractual clauses with mailchimp that serve as a safeguard for your personal data.

How long will we use your personal data for?

Usually, we only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you would like further information, please contact us on info@thecosmichouse.org

Your rights in relation to our processing of your personal data

You have the right to:

object to the processing of your personal data in some cases. You have a right to object if we are using it for direct marketing purposes (e.g. to send you an email about a the opening of The Cosmic House). You also have a right to object if the lawful basis on which we are relying is either legitimate interests or performance of a task carried out in the public interest.
request a copy of the personal data we hold about you;
request correction of the personal data that we hold about you if it is incorrect;
ask us to delete the information that we hold about you;
ask us to restrict how we use your personal data;
ask us to send another organisation information that you have provided to us in a format that can be read by computer.

If you want to exercise any of your rights, please contact info@thecosmichouse.org. Please note that these rights do not apply in all cases,

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).

If you ask us to restrict our use of your personal data or delete it, we will not be able to provide you with our products or services.

You have a right to lodge a complaint with a data protection supervisory authority. The supervisory authority in the UK is the Information Commissioner's Office - ico.org.uk. If you do have any concerns about how we have handled your personal data we would kindly ask that you contact us in the first instance before you speak to the ICO so that we have an opportunity to put things right.

The Cosmic House is managed by The Jencks Foundation

Registered Office: 19 Lansdowne Walk, London W11 3AH

Last updated April 2022

Cookies policy

We make use of cookies on our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.

We use analytical/performance cookies (Google analytics - _ga, _ga_1195GN6N4X, and JF_cookie_consent) to allow us to recognise and count the number of visitors and see how they navigate when using our site. They also help us improve how our site functions, e.g. in order to ensure that all users can easily find what they are looking for.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

If you want to find out more information about cookies, go to http://www.allaboutcookies.orgor to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.