WEBSITE TERMS OF USE

 

1. WHO ARE WE?

This Site is operated by Harry’s Bar Limited; a company registered in England and Wales under registration number 00216595 and our registered address is 26 S Audley St, Mayfair, London W1K 2PD (VAT number 877427283) (“we” “us” and “our” being interpreted accordingly).

 

2. CONTENT ON THIS SITE

Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission.

To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).

 

3. LINKS TO OTHER WEBSITES

This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.

 

4. YOUR USE OF THIS SITE

You must only use this Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our Site is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.

You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date. In relation to any material you submit to us or post on this Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.

You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.

 

5. OUR LIABILITY

Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.

Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.

While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.

We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.

 

6. PRIVACY & SECURITY

How we collect and process your personal data and safeguard your privacy is governed by our Privacy Policy (see below) and which forms part of these Terms. We also have a Cookie Policy (see below) that governs use of cookies and other tracking technologies which may be used on our Site.

 

7. CHANGES TO THESE TERMS

We may amend these Terms at any time, for example, where we add new services or features or where there is a change in applicable law. All such changes will take effect once these Terms have been updated and you will be assumed to have accepted any such changes if you continue to use the Site after the latest update.

 

8. PURCHASE OF PRODUCTS OR SERVICES

If you elect to purchase any products or services which we offer to you through this Site this may be subject to new and/or additional terms and conditions which will be notified to you at the time.

 

9. INVAILIDITY & WAIVER

If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.

 

10. GOVERNING LAW

In the event of any dispute between you and us concerning these Terms, the laws of England and Wales will apply. If you wish to take court proceedings against us, you should do so within England and Wales, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.

 

11. CONTACT

If you have any questions or complaints regarding the Site or these Terms, you can contact us by emailing lporcu@harrysbar.co.uk

 


 

PRIVACY POLICY

 

1. WHO ARE WE?

This Site is operated by Harry’s Bar Limited; a company registered in England and Wales under registration number 00216595 (Harry’s Bar, “we”, “us” and/or “our”). Our registered address is 26 S Audley St, Mayfair, London W1K 2PD. You can contact us as indicated under the “Contact” section below.

The data controller responsible for your personal data is Harry’s Bar Limited with whom you contract as a customer, member or membership applicant (Harry’s Bar, “we”, “us” and/or “our”).

 

2. WHAT IS THIS PRIVACY POLICY IS FOR?

This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a user of this Site or as a membership applicant, member or customer (“you” or “your” being interpreted accordingly). It provides information on what personal data we collect, why we collect the personal data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”) which will become applicable to us and you as of 25 May 2018.

‘Personal data’ as used in this Privacy Policy means any information that relates to you from which you can be identified.

By using our Site or submitting your personal data you are taken to accept the terms of this Privacy Policy, so please read it carefully.

 

3. PERSONAL DATA WE COLLECT

We collect the following personal data about you:

  • Reservation Information: Personal data collected in relation to reservations, such as your first and last name, email address, billing and payment information (for further details please also refer to the section below headed “Payment Information”) will be processed in accordance with a privacy policy provided at the time of requesting a reservation or booking so please ensure that you read our privacy notice on the reservation website that we may provide to you when we collect or process your personal data.
  • Other Information: Personal details you choose to give when corresponding with us by phone or e-mail, participating in user/customer/member surveys or otherwise visiting and interacting with this Site or any other websites we operate, and personal data that you provide to us when you visit one of our Clubs. We can also combine personal data that you provide to us with other information we collect about you when you make a reservation through third-party services such as online restaurant- as necessary to process your requests.

 

4. AUTOMATICALLY COLLECTED PERSONAL DATA

  • Log Data: When you visit our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
  • Our Site uses cookies (small text files placed on your device) and similar technologies to distinguish you from other users. This is to provide you with a good user experience when you browse our Site and allows us to improve its features.

 

5. HOW WE USE YOUR PERSONAL DATA

We use your personal data in the following ways:

  • To acknowledge, confirm and deal with your membership application (and where necessary put you on our waiting list). Such use of your data is necessary in order to implement your request to become a member.
  • Where you are a member, provide you with membership services, administer your membership account and contact you regarding your use of the services. Such use is necessary to respond to or implement your request and for the performance of the contract between you and us.
  • To complete and fulfil your reservation, for example to process your payment and provide you with related customer service, including sending confirmations or pre-arrival messages, events or celebrations. Such use is necessary for the performance of the contract between you and us.
  • To contact you in connection with user/customer/member surveys and use any information you choose to submit in response, provided that you gave us your consent to being contacted in this way at the time you provided us with the personal data.
  • Harry’s Bar Limited may provide you, or permit selected third party service providers to provide you, with information about goods or services, events and other promotions we feel may interest you as a member or membership applicant. We (or such third party providers) will contact you by email only with your consent, which was given at the time you provided us with the personal data.
  • As necessary for certain legitimate business interests, which include the following:
    • where we are asked to deal with any enquiries or complaints you make.
    • to administer our Site, to better understand how visitors interact with our websites and ensure that our Site is presented in the most effective manner for you and for your computer/device.
    • to conduct analytics to inform our marketing strategy and enable us to enhance and personalise the experience we offer to our members and our communications, including by creating customer or member profiles to enable personalised direct marketing communications.
    • to provide postal communications which we think will be of interest to you.
    • if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
    • to share personal data among our affiliated businesses for administrative purposes, for providing membership services and in relation to our sales and marketing activities.
    • we may anonymise, aggregate and de-identify the data that we collect and use such anonymised, aggregated and de-identified data for our own internal business purposes, including sharing it with our current and prospective members, business partners, our affiliated businesses, agents and other third parties for commercial, statistical and market research purposes, for example to allow those parties to analyse patterns among groups of people, and conducting research on demographics, interests and behaviour.
    • for internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our Site, network and information systems secure.
    • to (a) comply with legal obligations, (b) respond to requests from competent authorities; enforce our Club Rules; (d) protect our operations or those of any of our affiliated businesses; (e) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (f) enforcing or defending legal rights, or preventing damage.
  • We may use your personal data for other purposes which you have consented to at the time of providing your data.

As used in this Privacy Policy, “legitimate interests” means the interests of Harry’s Bar Limited in conducting and managing our organisation. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).

 

6. DISCLOSURE OF YOUR INFORMATION

We share your personal data with third parties in the following situations:

  • Service Providers: Harry’s Bar Limited, like many businesses, sometimes hires selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) credit reference agencies to protect against possible fraud, (iii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide membership services and other goods/services available on this Site or to members, (iv) web analytics providers, (v) providers of digital advertising services and (vi) providers of CRM, marketing and sales software solutions. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
  • Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our members, membership applicants or customers may be one of the transferred assets.
  • Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions, Club Rules or other applicable contract terms that you are subject to or (iii) to protect us, our members, membership applicants, or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.

 

7. PAYMENT INFORMATION

We may arrange that card or payment data you submit in support of a membership application or subscription fee is stored for the purpose of processing your application, initiating your membership and collecting your subscription fees if your initial application is successful (or if you are put on to a membership waiting list, please note that this data may be stored for later use to initiate your membership and subscription).

We store and use this card or payment information for the purpose of processing any future payments that you make as a member for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted.

You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your membership subscription fee or for the purpose of making any future purchases.

 

8. SECURITY

Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organisational security measures to protect the personal data that you submit to us against unauthorised/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of personal data that you provide to us online.

 

9. PERSONAL DATA RETENTION

We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain membership records for one year after expiration or termination of your membership. We retain information submitted through the Site and the other websites we operate for one year following account closure or contact with you, as applicable. When you consent to receive marketing communications, we will keep your data until you unsubscribe.

To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.

Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations. In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case it is no longer personal data.

 

10. YOUR PERSONAL DATA PROTECTION RIGHTS

Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:

  • Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
  • Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will provide you with your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to object: You may ask us at any time to stop processing your personal data, and we will do so:
    • If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or
    • If we are processing your personal data for direct marketing.
  • Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here.)

If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request.

 

11. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or modifications. If required by the applicable law, we will notify you of any material or substantive changes to this Privacy Policy.

 

12. CONTACT

Questions, comments or requests regarding this Privacy Policy should be addressed to lporcu@harrysbar.co.uk.