Here you will find our Terms of Service, Website Terms of Use, Privacy Policy, Disclaimer and Cookie Policy.

Terms of Service


Coaching Terms and Conditions

I am so pleased you have decided to use my services or resources – please read the following important terms and conditions before you commit to using them.

This contract sets out:

your legal rights and responsibilities;
my legal rights and responsibilities; and
certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract:

‘I’, ‘me’ or ‘my’ means Fran Excell Limited; and
‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at fran@franexcell.com

BACKGROUND

I provide mindset coaching and mentorship.

I am a limited company with company number 10859393 and with its registered office at Henwood House, Henwood, Ashford, Kent TN24 8DH .

1Introduction

1.1If you buy coaching services from me (‘services’) you agree to be legally bound by this contract.

1.2If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.

1.3When buying any services or using any resources you also agree to be legally bound by:

1.3.1my website terms of use and privacy policy;

1.3.2extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;

1.3.3specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.

All these documents form part of this contract as though set out in full here.

2Information I give you

2.1Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description we agree between us.

 

I shall give you information on:
the main characteristics of the services you are buying

who I am, where I am based and how you can contact me

the price of the services

the arrangements for payment, carrying out the services and the time by which I shall carry out the services

how to exercise your right to cancel the contract in the cooling off period if you are a consumer

my complaint handling policy

 

3Ordering services from me

3.1Below, I set out how a legally binding contract to buy services between you and me is made:

3.2You sign up for my services either on the site by clicking on the relevant payment link or I shall send you the link by email. Please read and check your order carefully before submitting it.

3.2.1When you place your order for services at the end of the online checkout process by clicking on the payment link on my site, or by clicking on the link I send to you by email, I shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.

3.2.3When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.

3.2.4I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .

3.2.5I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:

(a)a legally binding contract will be in place between you and me, and

(b)I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.

4Carrying out the services

4.1If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

4.2I shall carry out the services in accordance with the Code of Ethics and standards of behaviour set out by the International Coach Federation (‘ICF’).

4.3I shall carry out the services within the time period which is set out in the relevant programme or services description.

4.4All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.

4.5You can rearrange any two coaching sessions during a coaching programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged 2 sessions in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it. If you are more than 15 minutes later for a session you will be treated as a ‘no show’.

4.6All sessions take place remotely via the means of communication agreed with you in advance.

4.7Unless we agree otherwise, communication between sessions shall be by voxer and you agree to adhere to that method. You will be able to send messages at any time and I shall listen to and respond to them on the next working day (Monday to Friday excluding UK Bank Holidays) between 9 am and 8 pm UK time.

4.8Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.

4.9My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

5Your responsibilities

5.1You will pay the price for the services in accordance with the programme or services description.

5.2You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

5.3Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree.

5.4You agree to communicate honestly with me, be open to feedback and assistance and create the time and energy to participate fully in the programme.

5.5My role is to offer you guidance and accountability and help you make positive lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.

5.6Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of counselling, therapy or medical treatment.

5.7If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description. In these circumstances, I reserve the right to request a referral letter from the person who is treating you.

5.8You will keep me informed of any changes to your medical health or personal circumstances.

6Charges and payment

6.1The price for the services is set out in the programme or services description. If you require additional coaching beyond that included in a programme, it may be available on request at the hourly rate of £250.

6.2Subject to 6.3, I usually require full payment in advance in order to provide the services. For some programmes or services I may agree to payment by monthly instalments, in which case a supplementary fee may be chargeable. The relevant programme or services description will state if I have agreed to accept payment by instalments. If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.

6.3If you sign up for my monthly ongoing coaching programme, payment is monthly in advance.

6.4The fees are non-refundable except for:

6.4.1if you are a consumer, your right to a ‘cooling off’ period as described below; and

6.4.2where I cancel a programme other than under 12.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.

In all other circumstances I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions. This is a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life through my coaching programme.

In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

6.5Payment is via the payment button on this website or as agreed between us.

6.6If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc’s base rate.

7Cooling off period for consumers

7.1If you are a consumer you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.

7.2The cancellation period will expire 14 days after the date you click through to make your first payment.

7.3However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel. At this point my refund policy set out in clause 6.3 will apply.

7.4If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.

8Intellectual property

If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

9How I may use your personal information

9.1I shall use the personal information you give to me to:

9.1.1provide the services;

9.1.2process your payment for the services; and

9.1.3inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.

9.2In addition to the purposes set out in 9.1, as part of my continual development as an ICF coach I may submit your email address to the ICF. The information is strictly limited to email address and I shall not divulge any information about our coaching sessions.

9.3All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

9.4I shall not give your personal information to any third party unless you agree to it.

10Confidential information

10.1I am bound to honour your confidential information by the lCF Code of Ethics and any information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

10.2Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.

10.3The obligations in clauses 10.1 and 10.2 will not apply to information which:

10.3.1has ceased to be confidential through no fault of either party;

10.3.2was already in the possession of the recipient before being disclosed by the other party; or

10.3.3has been lawfully received from a third party who did not acquire it in confidence.

10.4Your and my confidentiality obligations under this clause will continue after termination of this agreement.

11Resolving problems

11.1In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

11.2I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

11.3If you are buying services from me nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

12End of the contract

12.1If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.

12.2For monthly ongoing coaching, either you or I may terminate the services by written notice to each other at least two weeks before the next scheduled call. The upfront payment for that month will not be refunded and you will still have access to your coaching call and Voxer for that period.

12.3Either you or I may terminate the services and this agreement immediately if:

12.3.1the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or

12.3.2the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

12.4If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13Limit on my responsibility to you

13.1Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

13.1.1losses that:

(a)were not foreseeable to you and me when the contract was formed

(b)that were not caused by any breach of these terms on my part

13.1.2business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

13.2My total liability to you is limited to the amount of fees, if any, paid by you for the services.

14Disputes

14.1I shall try to resolve any disputes with you quickly and efficiently.

14.2If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

14.3The laws of England and Wales will apply to this contract.

14.4In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

15Entire agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

16Third party rights

16.1No one other than a party to this contract has any right to enforce any term of this contract.


TERMS OF USE
BY VISITING WWW.FRANEXCELL.COM , YOU ARE CONSENTING TO OUR TERMS OF USE.

Website terms of use
About my Terms
Thank you so much for visiting my website (the Site).These Terms explain how you may use this Site.
References in these Terms to the Site includes all associated web pages.
You should read these Terms carefully before using the Site.
By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
If you do not agree with or accept any of these Terms, you should stop using the Site
If you have any questions about the Site, please contact me by e-mail: hello@franexcell.com
Definitions
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms means these terms and conditions of use as updated from time to time under clause 11;
Acceptable use policy means the policy set out at the end of these Terms
Cookie policy means the policy which governs how I use cookies in the Site;
I, me or my
 

Online terms and conditions for the supply of goods or services

means Fran Excell Limited, a limited company with registration number 10859393 and with its registered office at: Henwood House, Henwood, Ashford, Kent, United Kingdom, TN24 8DH.
 

means any terms and conditions which will apply to you ordering goods or services using the Site;

Privacy notice means the privacy notice [Please find here], which governs how I process any personal data collected from you;
Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;
You or your means the person accessing or using the Site or its Content.
 

Your use of the Site means that you must also comply with myAcceptable Use policy, myPrivacy notice, myCookie policy and myOnline terms and conditions for the supply of goods or services, where applicable.
Using the Site
The Site is for your personal use only.
You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.
I seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact me at fran@franexcell.com.
I may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
Ownership, use and intellectual property rights
This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.
Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.
Submitting information to the Site
While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me and therefore I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.
I may use any Submissions as I see reasonably fit on a free-of-charge basis. I shall not be legally responsible to you or anybody else for any use of Submissions.
Accuracy of information and availability of the Site
While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
I may suspend or terminate operation of the Site at any time as I see fit.
Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.
Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Acceptable Use Policy

Acceptable use
As a condition of your use of the Site, you agree:
not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms
not to use the Site to commit any act of fraud;
not to use the Site to distribute viruses or malware or other similar harmful software code;
not to use the Site for purposes of promoting unsolicited advertising or sending spam;
not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;
not to use the Site in any manner that harms minors;
not to promote any unlawful activity;
not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;
not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
not to attempt to circumvent password or user authentication methods.
Interactive services
I may make interactive services available on the Site, for example areas where you can comment on Content.
I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate SubmissionsI shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.
Any Submission you make must comply with my Submission standards set out below.
Submission standards
Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
your own original work and lawfully submitted;
factually accurate or your own genuinely held belief;
provided with the necessary consent of any third party;
not defamatory or likely to give rise to an allegation of defamation;
not offensive, obscene, sexually explicit, discriminatory or deceptive; and
unlikely to cause offence, embarrassment or annoyance to others.
Linking and framing
You may create a link to my Site from another website without my prior written consent provided no such link:
creates a frame or any other browser or border environment around the content of my Site;
implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;
displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
is placed on a website that itself does not meet the acceptable use requirements of this Policy.
I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.
Using my name and logo
You may not use my trademarks, logos or trade names except in accordance with these Terms.
Breach
I shall apply these Terms in my absolute discretion. In the event of your breach of the Terms I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action I consider necessary to remedy the breach.
Limitation on my liability
Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
losses that:
were not foreseeable to you and me when these Terms were formed; or
that were not caused by any breach on my part
business losses.
Variation
No changes to these Terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.

Disputes
I shall try to resolve any disputes with you quickly and efficiently.
If you are unhappy with me please contact me as soon as possible to let me know.
If you want to take court proceedings, courts of England and Wales will have exclusive jurisdiction in relation to these
The laws of England and Wales will apply to these

Disclaimer
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.

Client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, or other licensed or registered professional. Coach will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands this Program will not provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

Privacy Policy
Privacy Notice

 

Introduction

Welcome to Fran Excell Limited’s privacy notice.

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

It contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulations, which apply across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Important information and who we are
Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you fill in our contact form, sign up to our newsletter, purchase a product or service or take part in any competition we might hold from time to time.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Fran Excell Limited is the controller and responsible for your personal data (collectively referred to as , “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Fran Excell Limited

Company Registration no.: 10859393

Registered office: Henwood House, Henwood, Ashford, Kent, United Kingdom, TN24 8DH

Name or title of person to contact: Fran Excell

Email address: hello@franexcell.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). However, we care deeply about your data protection rights and we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us using the details above in the first instance.

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
Contact Data includes billing address, delivery or postal address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

How is your personal data collected?
We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you (where applicable):
apply for our products or services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies.
Analytics We may receive technical personal data about you from analytics providers such as Google.
We may receive Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
To keep you updated about our products and services where you have consented to this. We shall send this information to you by email. You have the right to withdraw consent to marketing at any time by contacting us by email at fran@franexcell.com or by clicking on the ‘unsubscribe’ button in our emails.
 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact

Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity
(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity
(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a competition or complete a survey (a) Identity
(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at fran@franexcell.com at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

External Third Parties such as service providers, professional advisers, HMRC and regulators; and
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
We do not transfer your personal data outside the European Economic Area (EEA).

Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention
How long will you use my personal data for?

We will 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 use our products or services we shall retain your personal data for the time you are our client and for 3 years afterwards. If you are not a client we shall retain your data for 2 years following your last engagement with us.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see ‘Request erasure’ below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at hello@franexcell.com

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Changes to this privacy notice

We may change this privacy notice from time to time – when we do we shall inform you via our website.