General Data Protection Regulation

NIGHTINGALE DEMENTIA CONSULTANTS TERMS AND CONDITIONS

These terms and conditions are governed by and interpreted according to English law. All disputes arising under these terms and conditions are subject to the exclusive jurisdiction of the English courts.

Definitions

  1. The ‘Practitioner’ is the Nightingale Dementia Consultant License Holder.
  2. ‘Owner’ is Dr Daniel James Nightingale.
  3. ‘Practice’ refers to the Nightingale Dementia Consultants Certified practitioner’s business entity.
  4. ‘License Holder’ is the ‘Practitioner’ and vice versa.
  5. ‘License’ is the ‘Certification’ and vice versa.

Terms Of The Nightingale Dementia Consultant License

  1. Licence holders will only use the Nightingale Dementia Consultant content with clients aged 18 and above. In the event of a Practitioner being requested to work with anyone less than 18, the Practitioner will speak directly with Dr James Nightingale to gain agreement and authorisation first.
  2. Practitioners agree to obtain a basic DBS check or its international equivalent and communicate this as requested by Dr Daniel James Nightingale.
  3. Licence holders agree to act honestly and truthfully when using the ‘Nightingale Dementia Consultants’ set of tools and models, and recognise that if found to be in contravention of such conduct the licence will be withdrawn.
  4. License holders agree to have professional indemnity and public liability insurance of £1million (£1,000,000) or the international equivalent and to ensure it is kept up to date.
  5. License holders confirm by accepting the terms and conditions that they hold a Diploma in Clinical Hypnosis from a recognised training school and are a member of a professional body.
  6. Once a booking has been made you will receive further details of the Nightingale Dementia Consultants online programme. A fourteen day refund policy is in operation from the date of booking a place on the programme. However, if any part of the programme is downloaded within the 14 day period, refunds may not be awarded.
  7. Purchasers opting to use the payment plan facility recognise that full accredited certification may be withdrawn if recurring payments stall. Any payments received via the payment plan will not be refunded outside of the refund policy described in point 6.
  8. Licence holders agree that the ‘Nightingale Dementia Consultants’ logo and publicity must never be used to promote their own version of any hypnotherapeutic and coaching programme for those living with dementia.
  9. Licence holders agree to fully explain to all potential clients the Nightingale Dementia Consultant content, including who it works for and who it does not. The Practitioner shall at all time follow the tools and models of the Nightingale Dementia Consultant and not deviate from them.
  10. Licence holders agree to work in alignment with contra indications associated with the Nightingale Dementia Consultant Diploma acknowledging that this model is not to be used with prospective or current clients presenting with epilepsy, a history of complex personality disorders, psychosis, or where harm may come to a client as a result of the application of the content within the Nightingale Dementia Consultant programme.
  11. Licence holders agree to adhere to the requirements under, but not limited to, Health and Safety and Data Protection legislation (including GDPR) at all times.
  12. Licence holders agree to write to a prospective client’s GP (with the expressed permission of the prospective client) as appropriate, and where it is deemed inappropriate for the prospective client to receive the Nightingale Dementia Consultant support, the Practitioner agrees not to work with that client.
  13. Licence holders agree not to sub-licence the use of the Nightingale Dementia Consultant programme and its status. Licence holders agree not to sell any associated product/s to clients whilst the Licenced Practitioner is working with them.
  14. Licence holders agree to work within the ethical guidelines of the Nightingale Dementia Consultant programme.
  15. Licence holders agree not to sell this model as a self-help model, and produce any products including but not limited to MP3s, CDs, books, and associated online or offline products using this model for sale and for non-sale commercial and non-commercial purposes.
  16. Licenced practitioners agree to remain professional and respectful when associating and interacting with other licence holders and clients.
  17. Licenced practitioners agree to use the Nightingale Dementia Consultant logo on all literature relating to the model itself. Licence holders agree to pay the annual licence fee which is currently £95.00 and its international equivalent per annum to remain a Nightingale Dementia Consultant Licence holder. Licence holders agree to attend CPD online programmes as directed. The Licence holder agrees that fees for Licence renewal may change from time to time and will be communicated to the licence holder with reasonable notice.
  18. Licence holders agree to credit the Nightingale Dementia Consultant programme and its status in any appropriate testimonial and publicity including both online and offline media channels.
  19. Licence holders agree to be one hundred per cent solely responsible for the management, settlement, and outcome of any client or third party litigation.
  20. Licence holders agree to conduct themselves ethically and professionally at all times and work in alignment with the content of the Nightingale Dementia Consultants licenced taught programme.
  21. Licence holders agree that should any behaviour or conduct lead to a professional or ethical breach that this will result in the licence being withdrawn whilst investigated. The ultimate decision lies with Dr Daniel James Nightingale.
  22. Licence holders agree that any breach of the terms of the Nightingale Dementia Consultants licence found following investigation, will result in the licence being withdrawn and the licence holder will take down all on and offline Nightingale Dementia Consultants communication.
  23. Licence holders agree and recognise that the terms and conditions of the Nightingale Dementia Consultants licence may change from time to time to advance the Nightingale Dementia Consultant brand. In such circumstances any amendment to terms and conditions will be reasonable and communicated for discussion with the Nightingale Dementia Consultant Practitioners before being implemented.
  24. Practitioners agree and accept that their practice may be inspected at any time. Reasonable notice deemed by the Nightingale Dementia Consultants owners will be given of such visits and agreed with the Practitioner. Should the Practitioner’s premises be deemed unfit for the Nightingale Dementia Consultants brand then the Licence will be withdrawn temporarily whilst requested changes are actioned.
  25. The Practitioner agrees that client sessions conducted by the Practitioner may be assessed for quality purposes from time to time.
  26. If a Practitioner loses their licenced status the Practitioner agrees to remove all Nightingale Dementia Consultants communications from their practice, and any other associated business to which the Practitioner is associated. This includes, but is not limited to, the Practitioners website, and their marketing communications.
  27. Licence holders are solely responsible for the use and execution of the Nightingale Dementia Consultant licence.
  28. The owners are not liable in connection for the provision of the services of the Nightingale Dementia Consultant or the Licence holders breach in relation to his or her obligations to adhere to Nightingale Dementia Consultant Licence requirements.
  29. Licenced Practitioners agree not to use any third party discount organisations including but not limited to Groupon.
  30. Licence holders agree not to distribute any Nightingale Dementia Consultant material, documents, and correspondence to parties outside the Licenced Practitioners network.
  31. Licence holders agree to respect the rights of founder and pioneer Dr Daniel James Nightingale as the sole owner of the Nightingale Dementia Consultant model, copyright and materials.
  32. Licence holders agree to credit appropriate testimonials with that of the ‘Nightingale Dementia Consultants’ model.
  33. Licenced Practitioners agree to use the copy provided under separate cover to promote and sell the Nightingale Dementia Consultant programme to their clients.
  34. Licence holders agree to use the Nightingale Dementia Consultant model on a 1-1 basis only unless otherwise agreed by the owners.
  35. Licence holders are solely responsible for their own client attraction and business results.
  36. This programme is strictly for Registered Hypnotherapists. Those who book a place on the programme and later wish to cancel because they are not a registered Hypnotherapist lose all right to any refund.
  37. A Nightingale Dementia Consultants License is awarded upon successful completion of assignments aligned to the diploma modules and a final 1-1 assessment with Dr Daniel James Nightingale. Assignments must be completed within a month of receiving the module. The decision of awarding the Nightingale Dementia Consultant Diploma and Licensed status is the sole decision of Dr Daniel James Nightingale.
  38. Purchasers recognise that this is a business to business contract.
  39. Website offering. Delegates will be liable for the domain name and hosting costs. Any changes required from the standard offering, other than location details, will be charged.

The following describes the General Data Protection Regulation Compliance for our nightingaledementiaconsultants.com website.

What Is Spam?

Spam is unsolicited email, also known as junk mail (received via email), or UCE (Unsolicited Commercial Email).  Virtually all of us have opened the inbox of an email account and found emails from an unknown sender.  By sending email only to those who have requested to receive it, we at Nightingale Dementia Consultants are following accepted permission-based email guidelines.

What About The Laws Against Spam?

They exist.  However, as with any body of laws, any individual Country spam statutes can and will vary.  The spam laws of each Country can not only vary, but also have different definitions of unsolicited commercial email.  Additionally, there may be various federal agencies keeping track of spam, including the Federal Trade Commission (FTC) and The General Data Protection Regulation (GDPR).  We protect you by ensuring that you are 100% in control of whether or not you ever hear from Nightingale Dementia Consultants by email initially or in the future, as detailed in our “No Tolerance” policy below.

Our No Tolerance Anti-Spam Policy

WE HAVE A NO TOLERANCE SPAM POLICY.  We do not email unless someone has filled out an “opt in” form or “shopping cart webform including PayPal” expressing an interest in our information or products and/or services, or otherwise directly and proactively requesting it.  We are only building relationships with people who wish to learn more about what we have to offer and willingly subscribe to our content and contact through email.  You are always completely in control of whether you receive email communication from nightingaledementiaconsultants.com, and can terminate at any time.

NOTE – Every auto-generated email we send contains a mandatory unsubscribe link that cannot be removed.  Therefore, each communication generated by nightingaledementiaconsultants.com carries with it the option to “unsubscribe” and never receive another email communication from Nightingale Dementia Consultants.

GDPR Lawful Basis To Process Data

We have identified two primary reasons that fall within the GDPR requirements. The first is to process our data via consent. The second is that we will process data via Legitimate Interests. This includes our commercial interests such as emailing those on our email list details of appropriate products and services that do not necessarily form part of our business, but we believe will be will be of interest to those on our email list. We will always balance our interests against the interests of the individual whenever processing data via legitimate interests.

Your Privacy

Your privacy is important to us at Nightingale Dementia Consultants.  To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.  You agree to agree to these policies by virtue of using our website in a way that leads to you providing us with personal information.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, our website will never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.

Under our Terms of Service and Conditions of Use, children under 18 are not allowed to use our website and access our services.  It is not our intention to offer products or services to minors.

Collection of Personal Information

When visiting our website, the IP address used to access our website may be logged along with the dates and times of access. This information is purely used to analyze trends, administer our website, track users movement, and gather broad demographic information for internal use such as statistical assessments and website improvement. Most importantly, any recorded IP addresses are not linked to personally identifiable information.

Other information may be collected as well by Nightingale Dementia Consultants, which is rather typical of most websites.  For instance, the source that referred you to our website is generally known.  Likewise, your duration on our website, and your destination when you leave our website can also be tracked.  Other common data collected includes the type of operating system the computer you are using to access our website has.  Similarly, the type of web browser is often noted.  Again, this is common data collection, and helps ultimately produce a better end-user experience.

Cookies are another common internet practice.  Cookies are a key means of improving user experience by allows us to customize your use of our website.  Simple information is transferred to your computer to allow the content and experience at nightingaledementiaconsultants.com to reflect your actions, preferences, and so on.  You should simply make the assumption our website uses cookies, and note that you are free to make adjustments in your web browser to disable these or otherwise receive notification of cookies so you can take whatever desired action you so choose.  Please understand that refusing cookies may cripple some of our website features and render some aspects useless to you.

At times, you will be fully aware of information received, as you are the direct source providing it.  For instance, you may comment on a blog post, reply to an email (whether broadcast message or autoresponder), provide an email address, complete a survey, requests SMS, or otherwise.  Likewise, purchases necessarily involve collecting certain information, such as credit card information, Paypal addresses, your physical address for billing and/or shipping, phone number, and so on.  Refusing to provide some of this information may lead to us being unable to provide you with the products or services you’ve requested.

A prime example of limited access to our website is where some nightingaledementiaconsultants.com content may be protected by a username and password.  Whether a username and password is generated by our website, or created by you, these will almost always be connected with some other information related to or connected with you.  This is true since much content that is protected on the internet is subscription based, often paid for.  Thus, the username and password must necessarily be tied to your other account data.  Usernames and passwords, by their very nature, should be kept private.

Handling of Personal Information

Note that any personal information you provide to others apart from us or our vendors is wholly optional.  As an example, you might disclose something in a blog post comment.  That “private” information is now “public,” and we have no control over that.  In like fashion, you sharing information with any other third party not functioning as a service provider to us puts that information beyond our control and becomes subject to the policy that party has in place.

Our primary intention for collecting personal and private information from you is simply to conduct our business.  We can use this internally to better serve you.  Accordingly, we see no reason to share your personal information to other parties and outside interests unless you have authorized us to do so.  Of course, there are instances where your information is stored with third party service providers, such as email service providers, as they provide services that are industry-leading in quality and security and are far more beneficial to our end user than attempting such services “in-house.”  However, you are never required to deal with any such third party directly, they are limited in how they use your information, and they cannot sell or transfer it to others in any way.

However, of course, your information does comprise part of an overall whole.  This aggregate of information, by contrast, may be used to understand our overall user base.  Further, we may share this information about our website visitors as a whole, not individually, with third parties for various purposes, in our sole discretion.

While we are staunch privacy advocates at Nightingale Dementia Consultants, there are times when even we may be forced to abandon these ideals.  Just as major search engines face ongoing compulsion to provide data against their will, so too may the same occur with our nightingaledementiaconsultants.com website.  Illegal activity or other serious acts or allegations could create legal liability for our website.  In those cases, we reserve the right to share your information, or else may simply be compelled to do so by law.  On the other hand, there may be times when we would need to share your private information in order to protect our own interests.  For instance, in cases of suspected or alleged copyright infringement or other intellectual property violations, it may be necessary to share personal information.

Google Adsense and the DoubleClick DART Cookie

Google, as a third party advertisement vendor, may use cookies to serve ads on this nightingaledementiaconsultants.com website. The use of DART cookies by Google enables them to serve adverts to visitors that are based on their visits to this website, including past visits, as well as other websites on the internet.

To opt out of the DART cookies you may visit the Google ad and content network privacy policy at the following url http://www.google.com/privacy_ads.html Tracking of users through the DART cookie mechanisms are subject to Google’s own privacy policies.

Other Third Party ad servers or ad networks may also use cookies to track users activities on this website to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies, our website has no access or control over these cookies that may be used by third party advertisers.  However, you can opt out of some, though likely not all, of these cookies in one easy location at http://ww.networkadvertising.org/managing/opt_out.asp

Links to Third Party Websites

We have included links on this website for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these websites may differ from our own.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time.  Accordingly, this page could read differently as of your very next visit.  These changes are necessitated, and carried out by Nightingale Dementia Consultants, in order to protect you and our nightingaledementiaconsultants.com website.  If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney.  We at Nightingale Dementia Consultants have paid to license the use of these legal notices and administrative pages on nightingaledementiaconsultants.com for your protection and ours.  This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.