Legal information

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

These terms of use tell you the terms of use on which you may make use of this website http://www.oceanarium.co.uk (the site). Use of the site may include, but is not limited to, accessing or browsing the site or purchasing tickets for entry to The Oceanarium in Bournemouth.

Please read these terms of use carefully before you start to use the site, as these will apply to your use of the site. By using the site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of the site:

  • Privacy Policy as found at Schedule 1 to these terms, which sets out the terms on which RLL processes any personal data it collects from you, or that you provide to it.
  • Acceptable Use Policy as found at Schedule 2 to these terms, which sets out the permitted uses and prohibited uses of the site.
  • Cookie Policy as found at Schedule 3 to these terms, which sets out which types of cookies enabled on the site and the reasons for using them.

Information about the Site Operator

The site is operated by The Real Live Leisure Company Limited (RLL), a limited company incorporated in England and Wales with company number 03446630 whose registered office is at Oceanarium, Pier Approach, Bournemouth, Dorset, BH2 5AA.  RLL’s VAT number is 913 0554 54. To contact RLL please email info@oceanarium.co.uk.

The site is intended as a general information service and ticket sales site only and nothing on the site nor in any other communication from RLL is intended to be or should be construed as an invitation or inducement (direct or indirect) to any person or organisation to take, or refrain from taking, any action without first obtaining the necessary professional or specialist advice.

Changes to these terms

RLL may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes RLL makes, as they are binding on you and your use of the site.

Changes to the site

RLL may update and change the site and its content at any time. However, please note that any of the content on the site may be out of date, and RLL are under no obligation to update the site or its content.

RLL does not guarantee that the site, or any content on it, will be free from errors or omissions.

Accessing the site

RLL does not guarantee that the site, or any content on it, will always be available or be uninterrupted. RLL may suspend, withdraw, discontinue or change all or any part of the site without notice. RLL will not be liable to you if for any reason the site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the site.

Intellectual property rights

Unless otherwise stated, RLL is the owner or the licensee of all intellectual property rights in the 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.

You may print off one copy, and may download extracts, of any page(s) from the site for your personal use and you may draw the attention of others to content posted on the site.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. RLL (and the identity of any credited contributors or authors of third party content on the site) must always be acknowledged.

You must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from RLL or its licensors.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at RLL’s option, return or destroy any copies of the materials you have made.

No reliance on information

The content on the site is provided for general information and guidance only. It is not intended to amount to advice or information upon which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the site.

Although RLL makes every reasonable effort to update and ensure the accuracy of the information on the site, the site is provided on an “as is” basis and RLL make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up-to-date and accepts no liability for any errors, misprints or omissions (whether negligent or otherwise).

No information contained on the site or in any other communication from RLL, including but not limited to any brochure, email or promotional material produced by RLL, constitutes or forms part of any contract between you and RLL, other than the ticket terms and conditions which you will be required to agree to and accept when purchasing tickets using the site.

The site may include information and materials uploaded by other users of the site, including but not limited to reviews of the Oceanarium. This information will not have not been verified or approved by RLL. The views expressed by other users on the site via such third party content do not represent RLL’s views or values.  If you wish to complain about information and materials uploaded by other users please contact RLL on info@oceanarium.co.uk.

Any links on the site to other websites and resources provided by third parties are provided for information only and should not be interpreted as endorsement by RLL of those linked websites or resources. RLL has no control over the contents of those websites or resources and RLL does not accept any liability or responsibility for any loss or damage that may arise from use of them.

Uploading Content to the site

Whenever you make use of a feature that allows you to upload content to the site, for example by way of product review, you must comply with the content standards set out in the Acceptable Use Policy.

You warrant that any such content complies with the Acceptable Use Policy, all applicable laws and does not breach the intellectual property rights of any third party. You will be liable to RLL and indemnify it for any breach of this warranty. This means you will be responsible for any loss or damage RLL suffers as a result of your breach of warranty, including but not limited to breach of a third parties’ intellectual property rights via the content that you upload to the site.

Any content you upload to the site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but when you upload or post content to the site, you grant RLL a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.

RLL also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.

RLL has the right to remove any posting you make on the site if, in RLL’s opinion, your post does not comply with the content standards set out in the Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Limitation of RLL’s liability

Nothing in these terms of use exclude or limit RLL’s liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, RLL excludes all conditions, warranties, representations or other terms which may apply to the site or any content on it, whether express or implied.

RLL will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the site or use of or reliance on any content displayed on the site.

RLL only provides the site for your domestic and private use. You agree not to use the site for any commercial or business purposes, and RLL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

RLL will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site.

RLL assumes no responsibility for the content of any websites linked on the site. Such links should not be interpreted as endorsement by RLL of those linked websites. RLL will not be liable for any loss or damage that may arise from your use of them.

Viruses

RLL does not guarantee that the site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the 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. RLL will report any such breach to the relevant law enforcement authorities and RLL will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

Linking to the site

You may link to the site’s home page, provided you do so in a way that is fair and legal and does not damage RLL’s reputation or take advantage of it. No link should be made to any part of the site other than the home page.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on RLL’s part where none exists.

RLL reserves the right to withdraw linking permission without notice.

Third party links and resources in the site

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only.  You should read the privacy statement of the sites you visit as RLL are not responsible for the privacy statements or data protection obligations of third party sites.

RLL has no control over the contents of those sites or resources.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and RLL both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms of use.

Contact

To contact RLL, please email info@oceanarium.co.uk.

Thank you for visiting the site.

 

Schedule 1 - Privacy policy

 

The Real Live Leisure Company Ltd (RLL) is committed to protecting and respecting your privacy.

This privacy policy (together with RLL’s terms of use and any other documents referred to on it) sets out the basis on which any personal data RLL collects from you, either via the site or in relation to information that you provide to RLL by any other means, will be processed by it.  Please read the following carefully to understand RLL’s views and practices regarding your personal data and how RLL will treat it.

For the purpose of the Data Protection Act 1998 (prior to 25th May 2018), the General Data Protection Regulation (on or after 25th May 2018) (GDPR) and any other data protection legislation in force in the United Kingdom from time to time, the data controller is The Real Live Leisure Company Limited (RLL), Oceanarium, Pier Approach, Bournemouth, Dorset, BH2 5AA.

RLL has appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO by emailing info@oceanarium.co.uk.

http://www.oceanarium.co.uk (the site) is a site operated by RLL, a limited company incorporated in England and Wales with company number 03446630 whose registered office is at Oceanarium, Pier Approach, Bournemouth, Dorset, BH2 5AA.  RLL’s VAT number is 913 0554 543.

It is important that you read this privacy policy, together with any other privacy policy or notice that RLL may provide on specific occasions when RLL are collecting or processing personal information about you, so that you are aware of how and why RLL are using such information.

Information RLL may collect from you

RLL may collect and process the following data about you:

  • Information you give to RLL. You may give RLL information about you by purchasing tickets through or filling in forms on the site, by completing forms or providing information in person at the Oceanarium itself or by corresponding with RLL by phone, e-mail or otherwise. The information you give RLL may include your name, address, e-mail address, phone number, financial and credit card information or other factual information about yourself which you provide when you purchase entry or experience tickets or gift vouchers either on the site or at the Oceanarium, complete a membership pack or make enquiries to become a member of the Ocenarium, you complete the necessary forms in order to adopt an animal, you book a party at the Oceanarium, you apply for or take a job at the Oceanarium, you participate in discussion boards or other social media functions including signing up to RLL’s newsletter, you enter a competition, promotion or survey, or when you report a problem to RLL.
  • Information RLL collects about you. RLL may also automatically collect the following information about you when you use the site:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the site (including date and time), products 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.
  • Information RLL receives from other sources. RLL may receive information about you if you use any of the other websites RLL operates or the other services RLL provides. RLL are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.

It is important that the personal data RLL holds about you is accurate and current. Please keep RLL informed if your personal data changes during your relationship with them.

Uses made of the information

RLL uses information held about you in the following ways:

  • Information you give to RLL. RLL will use this information:
    • to provide you with the information that you request from RLL;
    • where RLL needs to perform the contract you are about to enter into with them or that they have already entered into with you.
    • where it is necessary for RLL’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
    • where RLL needs to comply with a legal or regulatory obligation.

Generally RLL does not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You will receive marketing communications from RLL if you have requested information from RLL or purchased tickets, memberships or other goods from RLL or if you provided RLL 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.

  • Information RLL collects about you on the site. RLL will use this information:
    • to administer the site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve the site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of RLL’s service, when you choose to do so;
    • as part of RLL’s efforts to keep the site safe and secure; and
    • to measure or understand the effectiveness of advertising RLL serves to you and others.
  • Information RLL receives from other sources. RLL may combine this information with information you give to RLL and information it collects about you. RLL may use this information and the combined information for the purposes set out above (depending on the types of information RLL receives).
  • Failure to provide personal information. Where RLL requires personal information in order to be able to enter into a contract with you, or to perform a contract, your failure to supply the information will prevent the effecting or performance of the contract and RLL will have no liability for any loss which results from the failure to supply the required data.
  • How long RLL will hold the information. RLL only retain your personal data for as long as necessary to fulfil the purposes it collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements To determine the appropriate retention period for personal data, RLL considers 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 RLL processes your personal data and whether RLL can achieve those purposes through other means, and the applicable legal requirements.

Disclosure of your information

RLL may have to share your personal information with other companies within the RLL group who are based in the UK and Spain.

You agree that RLL may share your information with selected third parties including:

  • Service providers based in the UK or Spain who provide IT and system administration services;
  • Professional advisors including lawyers, bankers, auditors and insurers based in the UK or Spain;
  • HM Revenue & Customs, regulators and other authorities based in the UK or Spain; or
  • Third parties to whom RLL (or any other group company of RLL) chooses to sell, transfer, or merge parts of its business or assets. Alternatively, RLL may seek to acquire other businesses or merge with them. If a change happens to RLL’s business, then the new owners may use your personal data in the same way as set out in this privacy notice

RLL requires all third parties to respect the security of your personal data and to treat it in accordance with the law. RLL does not allow its 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 RLL’s instructions.

Where RLL stores your personal data

All information you provide to RLL will be securely stored either electrically on its secure servers (including but not limited to web and email servers), in the cloud (via a credible third party cloud storage partner), within RLL’s’ accounting software, by any of RLL’s business partners, suppliers, sub-contractors or other companies within RLL’s group in connection with the performance of any contract RLL enters into with you or in hard copy paper format.  It is likely that your data will be transferred to RLL’s parent company, Parques Reunidos Servicios Centrales S.A. to be stored on its servers in Spain.

At the point of drafting this privacy policy, RLL does not transfer your personal data outside of the European Economic Area (EEA).

If in the future your personal data is transferred by RLL outside the EEA for processing or storage, RLL will ensure that any such transfer is made in accordance with the requirements of the Data Protection Act 1998 (prior to 25th May 2018) or the GDPR (on or after 25th May 2018) as applicable.

Unfortunately, the transmission of information via the internet is not completely secure. Although RLL will do its best to protect your personal data, RLL cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once RLL have received your information, RLL will use strict procedures and security features to try to prevent unauthorised access.

Your rights

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). RLL would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact RLL in the first instance.

You have the right to ask RLL not to process your personal data for marketing purposes or any other purposes at any time. RLL will usually inform you (before collecting your data) if it intends to use your data for such purposes or if it intends to disclose your information to any third party for such purposes. You can exercise your right to prevent the processing of data for marketing purposes by refusing to provide consent on the forms RLL uses to collect your data.  Where you have previously provided consent to receive marketing material from RLL, you can also exercise the right to withdraw consent at any time by contacting RLL at info@oceanraium.co.uk.

The site may, from time to time, contain links to and from the websites of RLL’s partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that RLL does not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information

The Data Protection Act 1998 (prior to 25th May 2018) and the GDPR (on or after 25th May 2018) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DP Law.

Rectification

The GDPR gives you the right to require your personal data held by RLL to be rectified if it is inaccurate or incomplete. Your right of access can be exercised in accordance with procedures stated in the GDPR.

Erasure

The GDPR gives you the right to ask RLL to delete or remove personal data where there is no good reason for RLL continuing to process it. You also have the right to ask RLL to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where RLL may have processed your information unlawfully or where RLL are required to erase your personal data to comply with local law. Note, however, that RLL may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Data portability

The GDPR gives you the right to obtain and relocate your personal data held by RLL to another IT environment. If you notify RLL that you wish to exercise this right, RLL will arrange the transfer in machine readable form to another IT environment within one month if it is technically possible, or within two months if the transfer is complex or if there have been multiple requests.

Restriction on Processing

The GDPR gives you the right to ask RLL to suspend the processing of your personal data in the following scenarios: (a) if you want RLL to establish the data's accuracy; (b) where RLL’s use of the data is unlawful but you do not want RLL to erase it; (c) where you need RLL to hold the data even if RLL no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to RLL’s use of your data but RLL will need to verify whether it has overriding legitimate grounds to use it.

Objecting to Processing

The GDPR allows you to object to the processing of your personal data where RLL are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where RLL are processing your personal data for direct marketing purposes. In some cases, RLL may demonstrate that it has compelling legitimate grounds to process your information which override your rights and freedoms.

Automated decision making

You also have the right under the GDPR in some circumstances not to be the subject of a decision based on automated processing or profiling which produces a legal effect or other significant effect on you. If you wish to exercise this right, you should make an objection in accordance with the provisions of the GDPR.

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, RLL may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, RLL may refuse to comply with your request in these circumstances.

Time limit to respond

RLL try to respond to all legitimate requests within one month. Occasionally it may take RLL longer than a month if your request is particularly complex or you have made a number of requests. In this case, RLL will notify you and keep you updated.

Changes to the privacy policy

Any changes RLL may make to its privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to the privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@oceanarium.co.uk.

 

Schedule 2 - Acceptable use policy

 

This acceptable use policy sets out the terms between you and RLL under which you may access http://www.oceanarium.co.uk (the site). This acceptable use policy applies to all users of, and visitors to, the site.

Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the terms of the site use above.

The site is operated by The Real Live Leisure Company Limited (RLL), a limited company incorporated in England and Wales with company number 03446630 whose registered office is at Oceanarium, Pier Approach, Bournemouth, Dorset, BH2 5AA.  RLL’s VAT number is 913 0554 54. To contact RLL please email info@oceanarium.co.uk.

Prohibited uses

You may use the site only for lawful purposes.  You may not use the site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 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 the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of the terms of website use for the site.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the site;
  • any equipment or network on which the site is stored;
  • any software used in the provision of the site; or
  • any equipment or network or software owned or used by any third party.

Suspension and termination

RLL will determine, in its discretion, whether there has been a breach of this acceptable use policy through your use of the site.  When a breach of this policy has occurred, RLL may take such action as RLL deems appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use for the site and may result in RLL taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
  • Issue of a warning to you.
  • 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.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as RLL reasonably feels is necessary.

RLL excludes liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and RLL may take any other action it reasonably deem appropriate.

Changes to the acceptable use policy

RLL may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes RLL makes, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the site.

 

Schedule 3 – Cookie Policy

 

You can find our cookie policy here.