Terms and
conditions
GENERAL TERMS OF USE – CROWDSENSE LIMITED
1. IMPORTANT INFORMATION
1.1 Please read these Terms of Use (“Terms”) carefully before using our
website, services, offerings or otherwise accessing our platform. By using our
Services, you agree to be bound by these Terms. If you do not agree to these
Terms you must not use our Services for any purpose whatsoever.
1.2
Please note that this agreement does not cover the services that are provided
to you through the platform by Pynk One Limited or Wealthkernel Limited, which
are governed by a separate agreement which can be found at here. Further
information relating to the services provided by Crowdsense Limited can be
found at here.
1.3 In these
Terms:
1.3.1 “we”, “our” or
“us” means Crowdsense Limited trading as Pynk, a company
incorporated in England and Wales under number 11339494 whose registered
office is at 20-22 Wenlock Road, London, N1 7GU, United Kingdom.
1.3.2
“you” or “your” means you, and if you are
using our Services on behalf of a legal person, business or other organisation
(“Organisation”) includes you and also such Organisation. By using our
Services on behalf of any Organisation, you represent and warrant that you
have all necessary capacity and authority to enter into these Terms on behalf
of such Organisation as a legally binding contract between such Organisation
and us in all applicable jurisdictions and that the Organisation enters into
such contract.
We may update these Terms or any of the policies or
other documents referred to in them from time to time by posting a notice of
the update on our website or by notifying you by any other reasonable means.
Please check our website regularly for details of updates. If you do not agree
to any such update you should stop using our Services before the update takes
effect.
1.4 To contact us, please email us at
hello@pynk.io. For more
information on contacting us, please see
pynk.io/help-resources.
GENERAL TERMS
2. OUR SERVICES
2.1 We may provide you with any or all of the following services (jointly
“the Services”) in accordance with these Terms:
2.1.1
access to our websites, platforms and communities to make predictions
relating to certain financial assets;
2.1.2 the ability to:
(a)
carry out tasks that earn Crowd Points;
(b) those Crowd Points
can then be used to make predictions which earn Wisdom Points;
2.1.3
the ability to participate in the Fantasy Fund Manager tool;
2.1.4
access to content published on our websites, platforms and communities by us
and other users (including user-generated prediction data relating to
financial assets and articles relating to financial assets) and the ability
to publish content; and
2.1.5 the ability to participate in
reward programmes from time to time.
3. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE OR SERVICES
3.1 We do not guarantee that our Services will always be available or be
uninterrupted. We may suspend or withdraw or restrict the availability of
all or any part of our Services for business and operational reasons. We
will try to give you reasonable notice of any suspension or withdrawal but
are not required to do so.
3.2 You are also responsible for
ensuring that all persons who access our Services through your account are
aware of these Terms and other applicable policies, terms and conditions,
and that they comply with them.
4. ACCOUNT DETAILS
4.1 In order to register for our Services, you must be
4.1.1 at
least eighteen (18) years of age; and
4.1.2 not resident in one
in a UN Sanctioned country.
4.2 Where you are required to provide
us with personal information in order to register for our Services, you
agree that any personal information you provide will be accurate, complete
and current. You agree you will only use and maintain one single account to
access or otherwise utilise our Services, and your creation and/or use of
any subsequent accounts may result in our disabling all of your accounts and
withdrawing your access to our Services.
4.3 If you choose, or
you are provided with, a user identification code, password or any other
piece of information used as part of our security procedures, you must treat
such information as confidential. You must not disclose these to any third
party. You accept full responsibility for any actions taken by anyone using
your account details.
4.4 If you know or suspect that anyone
other than you knows your user identification code, password or other
account details to access the Services, you must contactus immediately
through Hello@pynk.io. We
may share such notification with Pynk One Limited and Wealth Kernel Ltd.
4.5
We have the right to disable any user identification code and/or password,
whether chosen by you or allocated by us, at any time, if:
4.5.1
in our reasonable opinion you have failed to comply with any of the
provisions of these Terms;
4.5.2 you inform us or Pynk One Ltd,
or we reasonably believe, those details have been compromised;
4.5.3
we identify that any of the personal information you have provided is false,
misleading and/or incomplete;
4.5.4 Pynk One Ltd elects to
disable your account in accordance with clause
[4.6] of Pynk One
Ltd’s terms and conditions; and/or
4.5.5 We believe that your
account is being used for fraudulent and/or illegal purposes.
5. YOUR PERSONAL INFORMATION
5.1 We take your privacy and our obligations under data protection laws
andregulations seriously. We will only use your personal information as
detailed in our
Privacy Policy. You
should review our Privacy Policy to ensure you understand and agree to our
collection, use and disclosure of your personal information.
6. MAKING PREDICTIONS
Crowd Points
6.1 Crowd Points are earned through completing tasks as specified on the
website. The website shall specify how many Crowd Points each task is worth
and the conditions that must be fulfilled to complete the task. The website
shall also specify if a task can be completed more than once and/or if there
are any restrictions applicable to each specific task.
6.2
When you earn Crowd Points, these will automatically be added to the balance
held in your account with us. We will notify you by app notification each
time Crowd Points have been added to your account. You will be able to check
your current balance of Crowd Points via the app as soon as you receive this
notification.
6.3 All users’ balances of Crowd Points are reset
to [zero][the same value] at the end of the last business day of each month.
Any Crowd Points that were in excess of this level immediately prior to the
reset date shall be cancelled and cannot be staked on future predictions.
6.4
Where you have accumulated Crowd Points, we may at any time review your
activities in engaging with our Services, and at our absolute discretion, we
may withhold or recover Crowd Points if we suspect, or have reason to
suspect you are using our Services illegally, fraudulently, or otherwise in
breach of these Terms.
6.5 Additionally, we reserve the right to
audit your Crowd Point balance and any records relating to Crowd Points
without notice so as to check for compliance with these Terms and any other
applicable rules, regulations or terms and conditions. During an audit, you
may be unable to receive and/or redeem Crowd Points and, if we discover a
discrepancy in your balance/our records, your Wisdom Point balance may be
amended following the conclusion of our audit.
6.6 In cases of
dispute about the issue of Crowd Points to you, we may require proof of you
having fulfilled the criteria necessary to be issued with Crowd Points
and/or evidence of their issuance. Failure to provide such evidence within a
reasonable time period of it being requested, or failing to provide evidence
which satisfies us of the legitimate issuance of the relevant Crowd Points,
may result in us rejecting your complaint at our absolute discretion.
6.7
Crowd Points have no monetary value associated with them and cannot be
redeemed in any manner other than to stake them as part of predictions.
6.8
Except as we may otherwise provide and communicate to you, Crowd Points are
not transferable between users or to any other person in any manner. Any
purported purchase, sale, transfer, unauthorised use (including bartering),
procurement or redemption of Crowd Points issued or awarded to another
personor any other use of Crowd Points contrary to these Terms will be a
breach of these Terms and may result in the suspension and/or termination of
your account and the cancellation or forfeiture of the relevant Crowd
Points.
Submitting predictions
6.9 You will be able to use Crowd Points to submit predictions on the price
at a specified point in time of certain financial assets we make available
via the prediction tool which can be found in the app.
6.10 You
can submit one prediction on each financial asset we make available everyday
whilst UK markets for that particular financial asset are open. When making
a prediction you must specify how many Crowd Points you wish to stake on the
accuracy of that prediction. You must stake at least one Crowd Point per
prediction, but may stake more based on your confidence in the accuracy of
the prediction. Where an asset’s market is currently closed, the prediction
tool will not accept a prediction for that asset.
6.11 When
making a prediction, you must not submit a prediction, or predict in a
manner, which:
6.11.1 in any way breaches any applicable local,
national or international law orregulation;
6.11.2 in any way is
unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect;
6.11.3 manipulates, or is intended to manipulate, the
price and/or market insuch asset;
6.11.4 breaches, or is intended
to breach, any local, national or international restrictions on market
conduct;6.11.5 breach any legal duty owed to a third party, such as a
contractual duty ora duty of confidence; and/or
6.11.6 is not a
genuinely held prediction of the price of the asset that is the subject of
the prediction;
6.12 By staking a number of Crowd Points as part
of a prediction, you agree to that amount of Crowd Points being deducted
from your current balance of CrowdPoints. You may not stake an amount of
Crowd Points which is in excess of your current balance of Crowd Points.
6.13
The total number of Crowd Points staked by all users of the website
(“predictors”) in a defined period for a particular asset will partially
influence the variable number of Wisdom Points that you earn by making
predictions.
6.14 In addition to the restrictions above, you
agree that any predictions submitted by you or on your behalf complies with
domestic and international laws, rules and regulations regarding the
unlawful dissemination of inside information and other offences relating to
market abuse and market manipulation, including but not limited to Market
Abuse (Amendment) (EU Exit) Regulations 2019 (SI 2019/310), the Market Abuse
Regulation (EU) 596/2014, the Criminal Justice Act 1993, the Financial
Services Act 2012, the Securities Act of 1933, and the Securities Exchange
Act of 1934 (“Inside Information”). Inside information
includes, amongst other things, information not publicly known relating
directly or indirectly to financial instruments or issuers of financial
instruments which, if publicly known, would belikely to significantly effect
the price of those financial instruments. An unlawful dissemination of
Inside Information occurs for example when a person who possesses Inside
Information shares that information to any other person otherthan in the
course of their employment or profession. Any breach or suspected breach of
these laws, rules or regulations may result in the immediate, temporaryor
permanent withdrawal of your right to use our Services, as well as legal
ramifications against you by financial regulation and law enforcement
authorities.
7. WISDOM POINTS
Earning Wisdom Points
7.1 We will issue Wisdom Points to you in the following three
circumstances:
7.1.1 A set number of Wisdom Points will be issued
each time you submit aprediction through the platform in accordance with
these Terms. The exact number of Wisdom Points to be issued will be
disclosed on thewebsite and may vary according to the type of prediction
and/or the asset class to which the prediction is made. We may change the
number ofpoints issued for a prediction from time to time in our absolute
discretion.
7.1.2 In addition a variable number of Wisdom Points
will be issued to you depending on how accurate a prediction you make is.
These points will be issued according to a formula set by us, in
our absolute discretion, taking into account the number of predictions made,
the total number of Crowd Points staked, the variance between the actual
price/index of an asset class and the value you forecast [for the same
point][at the relevant time] and your relative accuracy compared to other
predictors for the same asset class. We may vary the formula from time to
time as we see fit.
Your entitlement to such Wisdom Points will
be calculated immediately after the close of your prediction (i.e. just
after the specified point in time that your prediction related to) and will
be issued as soon as possible upon calculation.
7.1.3 As rewards
for participation in specified events, for completing specified tasks (for
example, participating in forecasts) and/or winning competitions. In
relation to clause 7.1.3, each method of earning rewards will be subject to
the terms and conditions that relate to the relevant method (the
“Reward Terms”), in the event of a conflict, the Reward
Terms take precedence over these Terms.
7.2 It is not possible to
acquire Wisdom Points in any other manner, and you are not able to receive
Wisdom Points in exchange for cash payments.
7.3 When you earn
Wisdom Points, these will automatically be added to the balance held in your
account with us. We will notify you by app notification each time Wisdom
Points have been added to your account.
7.4 Where you have
accumulated Wisdom Points, we may at any time review your activities in
engaging with our Services, and at our absolute discretion, we may withhold
or recover Wisdom Points if we suspect, or have reason to suspect youare
using our Services illegally, fraudulently, or otherwise in breach of these
Terms.
7.5 Additionally, we reserve the right to audit your
Wisdom Point balance and any records relating to Wisdom Points without
notice so as to check for compliance with these Terms and any other
applicable rules, regulations or terms and conditions. During an audit, you
may be unable to receive and/or redeem Wisdom Points and, if we discover a
discrepancy in your balance/our records, your Wisdom Point balance may be
amended following the conclusion of our audit.
7.6 In cases of
dispute about the issue of Wisdom Points to you, we may require proof of you
having fulfilled the criteria necessary to be issued with Wisdom Points
and/or evidence of their issuance. Failure to provide such evidence within a
reasonable time period of it being requested, or failing to provide evidence
which satisfies us of the legitimate issuance of the relevant Crowd Points,
may result in us rejecting your complaint at our absolute discretion.
Value of Wisdom Points
7.7 Wisdom Points represent a specific, set, monetary value that can be
claimed from us in specific circumstances and subject to certain
restrictions.
7.8 The current monetary value that each Wisdom
Point represents is displayed on the website at all times. We may vary this
value from time to time without notice in our absolute discretion.
Redeeming Wisdom Points
7.9 You may only redeem Wisdom Points through us via the platform and our
Services. We may, at our discretion, permit you to redeem your Wisdom Points
through one or more of the following methods:
7.9.1 for a cash
payment equivalent to their current monetary value;
7.9.2 to pay
for any fees/charges associated with any Services we offer and/or services
available through the platform;
7.9.3 to acquire rights in an
individual discretionary management portfolio available through the
platform.
7.10 Except where the Wisdom Points are redeemed for a
cash payment equivalent to their monetary value at that time, we may apply a
premium to the value of Wisdom Points when redeemed via a particular method.
Any such premium will be specified at the point of redemption, and we may
vary it without notice from time to time.
7.11 Your ability to
redeem Wisdom Points via any redemption method is subject to:
7.11.1
you complying with these Terms;
7.11.2 you meeting certain
discretionary thresholds set by us as to the number of Wisdom Points a
person wishing to redeem Wisdom Points must hold before being permitted to
redeem them via that particular method;
7.11.3 us presenting that
redemption method as being available to you (having met the necessary
thresholds);
7.11.4 you agreeing to any additional terms and
conditions as may be presented to you in respect of your selected redemption
method;
7.11.5 you completing, to our satisfaction, any KYC and
financial crime assessments as we deem appropriate for that redemption
method; and
7.11.6 us not being subject to any form of insolvency
process at the point ofredemption.
7.12 We may add to, reduce
and/or alter any method in which you may redeem Wisdom Points at any
time.
7.13 Following a redemption, the number of Wisdom Points
redeemed shall be deducted from your current balance of Wisdom Points.
7.14
Except as we may otherwise provided and communicate to you, Wisdom Points
are not transferable between users in any manner. Any purported purchase,
sale, transfer, unauthorised use (including bartering), procurement or
redemption of Wisdom Points issued or awarded to another person or any other
use of Wisdom Points contrary to these Terms will be a breach of these Terms
and may result in the suspension and/or termination of your account.
7.15
If you do not redeem a Wisdom Point within twelve calendar months of it
being issued to you, it will be cancelled, removed from your account balance
and will no longer be capable of being redeemed.
8. FANTASY FUND MANAGER
8.1 The Fantasy Fund Manager tool is a demonstration version of a trading
account that simulates a real-life trading account and the fluctuating
prices of assets. At no point will it enable trading in the real assets
referenced within the tool, nor will engaging in simulated trading via the
Fantasy Fund Manager tool result in a third party trading in assets on your
behalf and/or arranging transactions in investments for you as a
counterparty.
8.2 You shall have no claim to the funds, profits
or assets that form part of your account within the Fantasy Fund Manager
tool as they are virtual simulations.
8.3 The prices of assets
displayed within the Fantasy Fund Manager tool are based on the actual
pricing of the available assets in real-life trading, but they may not
represent the current ‘live’ price of such assets nor may the reflect
specific changes to the price of those assets. You should not rely on the
prices displayed within the Fantasy Fund Manager tool as a representation of
the prices you may receive through trading via a third party’s services, and
we accept no responsibility for any variances between the prices in the
Fantasy Fund Manager tool against prices offered by third parties. Similarly
the performance of assets in the Fantasy Fund Manager tool may not reflect
the performance of assets in the real markets.
9. ACCESSING AND PUBLISHING CONTENT
Content contained in our Services
9.1 The content provided as part of our Services is provided for general
information only. It is not intended to amount to advice, including
investment or tax advice, on which you should rely. All content provided as
part of our Services, whether provided by us or by other users of our
Services, are the data, ideas, views, opinions and recommendations of the
person or entity who published it and are not intended as specific advice to
you upon which you take or refrain from taking any actions. Unless stated
otherwise, we take no responsibility for the data, ideas, views, opinions
and recommendations of third parties who publish materials on our
website.
9.2 You should obtain professional or specialist advice
outside of our Services before taking or refraining from taking any action
on the basis of the content provided as part of our Services. We will not be
responsible or liable for any of your actions or inactions, or the results
of any of your actions or inactions, based on the content provided as part
of our Services.
9.3 In accessing content provided as part of our
Services, you may be exposed to materials:
9.3.1 which may be
inaccurate, misleading, offensive, inappropriate, or otherwise in breach of
our Content Standards below, and in all such cases we will not be
responsible or liable for any such content which may be shared by users of
our Services;
9.3.2 while we have taken steps which are aimed at
preventing Inside Information being shared on our website, it is possible
that content provided as part of our Services will be shared by users who
have access to Inside Information, as defined above, and in all such cases
we will not be responsible or liable for any such content which may be
shared by users of our Services, nor will we be responsible or liable for
any actions
you take or refrain from taking as a result of such
content;
9.3.3 while we have taken steps which are aimed at
preventing Inside Information being shared on our website, it is possible
that content provided as part of our Services will be shared by users who
have an interest or a position of influence in the relation to the products
or services about which they share content, and in all such cases we will
not be responsible or liable for any such content which may be shared by
users of our Services, nor will we be responsible or liable for any actions
you take or refrain from taking as a result of such content.
9.4
We will take reasonable steps to assess any possible risks for users from
third parties when they use any interactive elements provided as part of our
Services, and we will decide in each case whether it is appropriate to use
moderation of the relevant interactive element (including what kind of
moderation to use) in the light of those risks. However, we are under no
obligation to oversee, monitor or moderate any interactive elements we
provide as part of our Services, and we expressly exclude our liability for
any loss or damage arising from the use of and/or reliance on any
interactive elements by a user in contravention of our Content Standards,
whether the service is moderated or not.
9.5 Where our Services
contains links to other websites or resources provided by third parties,
these links are provided for your information only. Such links should not be
interpreted as approval by us of those linked websites, or any information
you may obtain from them. We have no control over the contents of those
websites or resources and we will not be responsible or liable for any of
your actions or inactions, or the results of any of your actions or
inactions, based on your interactions with those websites or resources.
9.6 Although we make reasonable efforts to update the
information provided as part of our Services, we make no representations,
warranties or guarantees, whether express or implied, that the content
provided as part of our Services is accurate, complete or current.
Our Content
9.7 We are the owner or the licensee of all intellectual property rights in
our Services, and in the material published on it, except such User Content
as described below, the ownership of which will remain with the user who
contributed it. Those intellectual property rights include but are not
limited to copyrights, patents, rights in inventions, rights in confidential
information, know-how, trade secrets, trade marks, moral rights,
geographical indications, services marks, trade names, design rights,
database rights, databases, data exclusivity rights, domain names, business
names, rights in computer software, the compilation of all content, the
right to create derivative rights, the right to sue for infringement,
unfaircompetition and passing off, and all similar rights of whatever nature
wherever in the world arising. All such rights are protected by intellectual
property rights and treaties around the world, and all such rights are
reserved.
9.8 Subject to clauses 9.9 – 9.12, you may print and
download extracts of any page(s)from our website for your personal use and
you may draw the attention of others within your organisation to content
provided as part of our Services.
9.9 You must not modify the
paper or digital copies of any materials you have printedoff or downloaded
in any way, and you must not use any illustrations, photographs, video or
audio sequences or any graphics separately from any accompanying text.
9.10
Our status (and that of any identified contributors) as the authors of
content provided as part of our Services must always be acknowledged.
9.11
You must not use any part of the content provided as part of our Services
for commercial purposes without obtaining a licence to do so from us or our
licensors.
9.12 If you print off, copy or download any part of
content provided as part of our Services in breach of these Terms, your
right to use our content will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.
Sharing Content to our Services
9.13 Whenever you make use of a feature that allows you to upload or share
content to our Services (“User Content”), or to make
contact with other users of our Services, you must comply with the Content
Standards set out in our Acceptable Use Policy below. You warrant that any
such contribution does comply with those standards, and you will be liable
to us and indemnify us for any breach of that warranty. This means you will
be responsible for any loss or damage we suffer as a result of your breach
of this warranty.
9.14 Any User Content you upload to or share on
our Services will be considered non confidential and non-proprietary. You
retain all of your ownership rights in your User Content. You grant to us an
irrevocable, perpetual, transferable, royalty-free licence to use, copy,
store, display, reformat, translate, excerpt, distribute, and incorporate
into other works that content and to make it available to other users of our
Services and third parties.
9.15 We also have the right to
disclose your User Content, your identity and any other information we hold
about you to:
9.15.1 any third party who is claiming that any
User Content posted or uploaded by you to our Services constitutes a
violation of their intellectual property rights, or of their right to
privacy;
9.15.2 any legal body, governmental or regulatory
authority for any reason as may be requested by such body or authority, or
as otherwise required by law.
9.16 We have the right to remove
any User Content you post on or contribute to our Services if, in our
opinion, your User Content does not comply with the Content Standards set
out in our Acceptable Use Policy below.
10. ACCEPTABLE USE POLICY
10.1 This Acceptable Use Policy sets out the Content Standards that apply
when you upload User Content to our Services, make contact with other users
of our Services, link to our Services, or interact with our Services in any
other way.
Prohibited Uses
10.2 You may use our Services only for lawful purposes. You may not use our
Services:
10.2.1 in any way that breaches any applicable local,
national or international law or regulation;
10.2.2 in any way
that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect;
10.2.3 for the purpose of harming or attempting to harm
minors in any way;
10.2.4 to send, knowingly receive, upload,
download, use or re-use any material which does not comply with our Content
Standards below;
10.2.5 to transmit, or procure the sending of,
any unsolicited or unauthorised advertising or promotional material or any
other form of similar solicitation.
10.3 In addition to the
restrictions above, you agree that any User Content shared by you or on your
behalf complies with domestic and international laws, rules and regulations
regarding the unlawful dissemination of inside information and other
offences relating to market abuse and market manipulation, including but not
limited to Market Abuse (Amendment) (EU Exit) Regulations 2019 (SI
2019/310), the Market Abuse Regulation (EU) 596/2014, the Criminal Justice
Act 1993, the Financial Services Act 2012, the Securities Act of 1933, and
the Securities Exchange Act of 1934. Inside Information includes, amongst
other things, information not publicly known relating directly or indirectly
to financial instruments or issuers of financial instruments which, if
publicly known, would be likely to significantly effect the price of those
financial instruments. An unlawful dissemination of Inside Information
occurs when a person who possesses Inside Information shares that
information to any other person other than in the course of their employment
or profession. Any breach or suspected breach of these laws, rules or
regulations may result in the immediate, temporary or permanent withdrawal
of your right to use our Services, as well as legal ramifications against
you by financial regulation and law enforcement authorities.
10.4
You also agree not to access without authority, interfere with, damage or
disrupt:
10.4.1 any part of our Services;
10.4.2 any
equipment or network on which our Services are stored;
10.4.3 any
software used in the provision of our Services; or
10.4.4 any
equipment or network or software owned or used by any third party.
10.5
You must not misuse our Services by knowingly introducing viruses, trojans,
worms, logic bombs or other material that is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our Services,
the server on which our Services stored or any server, computer or database
connected to our Services. You must not attack our Services via a
denial-of-service attack or adistributed denial-of service attack. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right
to use our Services will cease immediately.
10.6 You must not
misuse our Services by sending, facilitating, or attempting to sendor
facilitate direct communications, either on our platforms or outside of our
platforms, to any other users of our Services for any purpose unless you
have been given express permission by such a user to do so.
Content Standards
10.7 These Content Standards apply to any and all User Content which you
contribute to our Services, and to any interactive elements associated with
it. The Content Standards must be complied with in spirit as well as to the
letter. The Content Standards apply to each part of any User Content as well
as to its whole. We will determine, in our absolute discretion, whether User
Content breaches the Content Standards.
10.8 Any User Content
that you contribute to the Services must:
10.8.1 be truthful,
accurate, not misleading and complete (where it states facts);
10.8.2
be genuinely held (where it states opinions);
10.8.3 comply with
the law applicable in England and Wales and in any country from which it is
posted or shared.
10.9 Any User Content that you contribute to
the Services must not:
10.9.1 breach any applicable law, trading
rules and/or market rules;
10.9.2 include any Inside
Information;
10.9.3 be defamatory of any person;
10.9.4
be obscene, offensive, hateful or inflammatory;
10.9.5 promote
sexually explicit material;
10.9.6 promote violence;
10.9.7
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
10.9.8 infringe any
copyright, design right, database right, trade mark or other intellectual
property right of any other person;
10.9.9 be likely to deceive
any person;
10.9.10 breach any legal duty owed to a third party,
such as a contractual duty or a duty of confidence;
10.9.11
promote any illegal activity;
10.9.12 be in contempt of court;
10.9.13
be threatening, abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety;
10.9.14 be likely to harass,
upset, embarrass, alarm or annoy any other person;
10.9.15
impersonate any person, or misrepresent your identity or affiliation with
any person;
10.9.16 give the impression that the User Content
emanates from us, our company or any other third party, if this is not the
case;
10.9.17 advocate, promote, incite any party to commit, or
assist any unlawful orcriminal act such as (by way of example only) market
abuse, copyright infringement or computer misuse;
10.9.18 contain
a statement which you know or believe, or have reasonable grounds for
believing, that members of the public to whom the statement is, or is to be,
published are likely to understand as a direct or indirect encouragement or
other inducement to the commission, preparation orinstigation of acts of
terrorism; 10.9.19 contain any advertising or promote any services or web
links to other websites;
10.9.20 contain any inducements,
solicitations, invitations or attempts to induce, solicit or invite users to
make financial or investment decisions, refrain from making financial or
investment decisions, taking financial or investment actions or refraining
from taking financial or investmentactions.
11. YOUR STATUS
11.1 You are solely responsible for your financial, taxation and legal affairs arising from or connected to your use/receipt of the Services. This means that you should seek professional advice from financial, taxation and legal professionals in relation to the impact the Services may have on your situation. You should also ensure that your receipt of Services (or any part there of) is permitted under the local laws and regulations where you live.
12. TERMINATION
12.1 You may terminate your account with us at any time emailing us at
hello@pynk.io. Your
notification will take effect immediately upon us receiving it.
12.2
We may immediately terminate your account with us at any time at our
absolute discretion if we suspect, or have reason to suspect you are using
our Services illegally, fraudulently, or otherwise in breach of these
Terms.
12.3 We may also terminate your account at any time, for
any reason, upon providing you with [30 days] written notice.
12.4
On termination of your account (by you or us), these Terms will cease to
apply going forward, we will no longer be obliged to provide you with the
Services and you will cease to be able to access your account. Upon
termination, any Crowd Points or Wisdom Points you held immediately prior to
termination shall be cancelled and will not be capable of being redeemed.
13. LIMITATION OF LIABILITY
13.1 Neither you nor we will be liable for non-performance of the Services
or breach of these Terms where it is caused by force majeure (for example
war, riot, force of nature, strike, unavailability of IT-systems,
unavailability of communication services, power outage, cyberattack,
pandemic), acts of public authorities or any other factor independent of
you/us, provided the party in breach could not have affected the issue
arising and the issue could not have been reasonably expected to have been
avoided.
13.2 Neither you nor we will be liable for
non-performance the Services or breach of these Terms where it is caused by
an act or omission that was required in order to comply with any applicable
law.
13.3 We exclude and/or limit our liability to the maximum
possible extent that we are permitted to under applicable law. We will not
be liable to you for any losses or costs you suffer in relation or in
connection to our Services that we could not reasonably foreseen and did not
have explicit knowledge could occur. We shall not be liable to you for any
loss of profits, business, contracts, anticipated savings, good will, or
revenue, any wasted expenditure, or any loss or corruption of data
(regardless of whether any of these are direct, indirect or consequential),
or any indirect or consequential loss or damage what so ever, arising under
or inconnection with these Terms, even if we were aware of the possibility
that suchloss or damage might be incurred by you.
13.4 We will
not be liable to you for any losses or costs caused to you where they were
caused by the fact that you had not duly performed any of your obligations
under the Terms and/or to the extent that your actions or omissions caused
and/or increased your losses or costs.
13.5 We do not exclude or
limit any liability to the extent the same cannot be excluded or limited by
law (such as fraud, fraudulent misrepresentation, or personal injury
resulting from our or our employees’ negligence or wilful default).
13.6
Other than as expressly stated, the limitations and exclusions of liability
above apply to all losses, damages, liabilities and claims howsoever
arising.
14. DISCLAIMER
14.1 We are not financial or investment advisors, and our Services are not
intended to provide financial or investment advice. Content provided as part
of our Services is of a factual nature and for general information only.
Nothing in our Services should be construed as a recommendation by us or any
of our users for you to take or refrain from taking any actions in relation
to your financial or investment situation. Making financial and investment
decisions may put capital at risk, and you are wholly and solely responsible
for any capital, or the impact on any capital, resulting from your financial
or investment decisions. You should seek independent professional advice
regarding any financial, investment, taxation or legal ramifications
specific to your situation prior to acting on any content accessed through
our Services.
14.2 Our Services are made available and provided
on an “as is” basis and without warranty or other obligation, whether
express or implied, to the maximum extent allowed by law. We have no
obligation, however arising (whether under contract, tort, in negligence or
otherwise) to ensure that the Services are uninterrupted, error-free,
available, current, maintained, compatible or operate correctly with any
particular software, hardware or other systems, secure or meet your needs,
whether or not such needs have been communicated to us.
14.3 We
do not guarantee that our Services will be secure or free from bugs or
viruses. You are responsible for configuring your information technology,
computer programmes and platform to access our Services. We are not
responsible or liable for any network, service, software, computer or mobile
phone equipment, server, provider or any other technical issue or
malfunction in connection with your or anyone else’s use of our Services,
and we will not be responsible or liable for any losses or damages arising
from such issue or malfunction.
14.4 All warranties, conditions,
terms, undertaking or obligations in relation to our Services, whether
express or implied, including but not limited to any implied terms relating
to quality, fitness for any particular purpose or ability to achieve a
particular result are excluded to the maximum extent allowed by law.
15. INDEMNITY
15.1 You indemnify and hold us, our company, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and againstany loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with your engagement with our Services, any content on our Services shared by you or other users, any third party websites or resources found through our Services, any users of our Services, or any breach of these Terms or any law or regulation in any jurisdiction.
16. BREACH OF THESE TERMS
16.1 When we consider that a breach of these Terms has occurred, we may take
such action as we deem appropriate. Failure to comply with these Terms may
result in our taking all or any of the following actions:
16.1.1
immediate, temporary or permanent withdrawal of your right to use our
Services;
16.1.2 immediate, temporary or permanent removal of any
Contribution uploaded by you to our Services;
16.1.3 issue of a
warning to you;
16.1.4 legal proceedings against you for
reimbursement of all costs on anindemnity basis (including, but not limited
to, reasonable administrative and legal costs) resulting from the breach;
16.1.5
further legal action against you;
16.1.6 disclosure of such
information to law enforcement authorities as we resonably feel is necessary
or as required by law.
6.2 We exclude our liability for all
action we may take in response to breaches of these Terms. The actions we
may take are not limited to those described above, and we may take any other
action we reasonably deem appropriate.
17. COMMUNICATION
17.1 We may provide you with notices/communications in connection with the
Services via the most recent e-mail address you provided to us via your
account. Any communication sent to this address will be deemed to have been
received by you
.17.2 You undertake to keep the contact details
up to date. If the contact details should change, then you shall, without
delay, provide us with your updated contact details. You can update your
contact details via the platform.
17.3 You can contact us by
emailing us at
hello@pynk.io.
17.4 The platform can be used in English and these Terms and
all communications made in respect of them will be in English.
18. COMPLAINTS
18.1 We consider a complaint to be an expression of dissatisfaction made by
you in relation to any of the Services we provide. You can make a complaint
by emailing us at
hello@pynk.io.
18.2 When we receive a complaint, we will look to investigate
the issue and resole it. We will try to resolve any complaints you have
about the Service we provide to you within [15] days of receiving your
complaint and, in exceptional circumstances, within [35] days (and we will
let you know if this is the case).
18.3 We may require you to
provide further information and/or evidence of your complaint, and you will
comply with such requests as soon as possible. If you do not provide details
when requested to do so, this may affect our ability to resolve the
complaint.
19. THIRD PARTY RIGHTS AND ASSIGNMENT
19.1 A party who is not a party to these Terms can not enforce the rights or
enjoy the benefits of any of its provisions, in accordance with the
Contracts (Rights of Third Parties) Act 1999.
19.2 You may not
assign or transfer your rights or responsibilities under these Terms to any
other party. We may at any time assign or transfer any or all of our rights
under these Terms, provided that we give prior written notice of such
dealing to you.
20. CONFIDENTIALITY
20.1 Neither you nor us may disclose to any other person information of a
confidential nature relating to the other party that is acquired in
consequence of entering into these Terms, except for information which we or
you are bound to disclose by law or regulation, or which is requested by
regulatory or fiscal authorities or a court of competent jurisdiction, or
which is disclosed to professional advisers where reasonably necessary for
the performance of their professional services.
20.2 We may
disclose confidential information relating to you to our employees,
delegates and other third parties but only to assist or enable the proper
performance of the Services.
20.3 In addition, we may disclose
confidential information relating to you in the following circumstances:
20.3.1
to investigate or prevent fraud or other illegal activity;
20.3.2
for purposes ancillary to the provision of services under these Terms;
20.3.3
if it is in the public interest to disclose such information; and/ or
20.3.4
at your request or with your consent.
21. INTELLECTUAL PROPERTY
21.1 Any intellectual property rights owned by you or us prior to you
agreeing to these Terms (“Pre-existing IP”) shall remain the sole property
of its owner prior to the date of you agreeing to these Terms and nothing in
these Terms, nor the performance of either any party of their obligations
under them shall provide either any party with any right, title or interest
in the Pre-existing IP of another party.
21.2 All intellectual
property rights which are created pursuant to the provision of the Services
by us (other than those which subsist in your personal data) shall vest on
creation in us and shall remain our sole property (including any rights that
may subsist in any other data produced pursuant to the use by the you of the
Services).
22. ENTIRE AGREEMENT
22.1 These Terms contains the whole agreement between you and us relating to the matters contained in these Terms and supersedes any previous agreement (whether oral or in writing) between the parties relating to those matters.
23. GENERAL
23.1 Any failure by us (whether continued or not) to insist upon strict
compliance with any of the Terms shall not constitute nor be deemed to
constitute a waiver our rights or remedies.
23.2 Nothing in this
Agreement is intended to or will be used to establish any partnership or
joint venture between the parties, nor authorise any party to make any
commitments for or on behalf of any other party. 23.3 Except as required by
statute, no terms will be implied (whether by custom, usage, course of
dealing or otherwise) into these Terms.
23.4 You and we
acknowledge that in entering into these Terms neither party has not relied
on any express or implied representation (including any made negligently),
assurance, undertaking, collateral agreement, warranty or covenant which is
not set out in these Terms.
23.5 In connection with the subject
matter of these Terms, each of you and we waives all rights and remedies
(including any right or remedy based on negligence) which might otherwise be
available to in respect of any express or implied representation, assurance,
undertaking, collateral agreement, warranty or covenant which is not set out
in this Agreement.
23.6 Nothing in this clause limits or excludes
any liability for fraud.
24. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
24.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Privacy and Cookie
policy
PRIVACY POLICY – Pynk One Ltd and CrowdSense Ltd
INTRODUCTION
We respect your privacy and are committed to protecting your personal data. This Privacy Policy 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. You can download a pdf version of the policy here.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY POLICY
This Privacy Policy aims to give you information on how we collect and
process your personal data through your use of this website and your
interactions with us, including any data you may provide through this
website when you enquire about our services or offerings, sign up for our
free or paid services or offerings, engage with our free or paid services or
offerings, or take part in a competition or survey. This Privacy Policy also
includes data you may supply to us via offline methods such as post.
This
website is not intended for children aged under 18 years and we do not
knowingly collect data relating to children aged under 18 years.
It
is important that you read this Privacy Policy together with any other
privacy policy or 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 Policy complements any
other policies or notices and is not intended to override them.
CONTROLLER
Pynk One Ltd and CrowdSense Ltd are the controller and responsible for your
personal data (collectively referred to as “controller”, “company”, “we”, “us”
or “our” in this Privacy Policy).
We have appointed a data privacy
manager who is responsible for overseeing questions in relation to this
Privacy Policy. If you have any questions about this Privacy Policy, including
any requests to exercise your legal rights, please contact the data privacy
manager using the details set out below.
CONTACT DETAILS
Our contact details are set out in table 1 below:
Table 1
You have the right to make a complaint at any time to the
Information Commissioner's Office (ICO), or the UK supervisory authority for
data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns
before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated in January 2021.
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
policy of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Table 2
We generate and may share Aggregated Data such as statistical or
demographic data for any purpose legitimately connected with our business
scope. 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.
However, if we combine or connect Aggregated Data with your personal data so
that it can directly or indirectly identify you, we treat the combined data
as personal data which will be used in accordance with this Privacy
Policy.
We do not collect any
Special Categories of Personal Data about you (this
includes details about your race or ethnicity, religious or philosophical
beliefs, sex life, sexual orientation, political opinions, trade union
membership, information about your health and genetic and biometric data).
Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a
contract we have with you, and you fail to provide that data when requested,
or withdraw your consent at any given time, we may not be able to perform the
contract we have or are trying to enter into with you (for example, to provide
you with services). In this case, we may have to cancel a service you have
signed up for or purchased with us but we will notify you if this is the case
at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you, as set out in
table 3 below:
Table 3:
4. 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 you have consented for us to do so;
•
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.
See table 4 below to find out more about the types
of lawful basis that we will rely on to process your personal data.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below in table 4 descriptions 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.
Please
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. Please
contact us using the contact details set out at the top of this Policy if
you need details about the specific legal ground(s) we are relying on to
process your personal data where more than one ground has been set out in
table 4 below:
Table 4:
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 and Usage 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 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 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 company for marketing purposes.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any
time by:
· by following the opt-out or
“unsubscribe” links on any marketing message sent to you; or
·
by contacting us using the contact details set out at the top of
this Policy 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 service purchase, 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 below.
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. If you wish to get an
explanation as to how the processing for the new purpose is compatible with
the original purpose, please contact us using the contact details set out at
the top of this Policy.
If we need to use your personal data for an
unrelated purpose, we will notify you and we will explain the legal basis
which allows us to do so.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may sell Aggregated Data, which has been stripped of any personally
identifiable information and which cannot be directly attributed to you, to
third parties, some who may use the Aggregated Data to assist us in providing
our services, and others who may use that Aggregated Data for their own
purposes. Any Aggregated Data that we sell will be completely anonymised, and
we will not sell any data that can be attributed to you or otherwise
identified as yours. If you do not want your anonymised Aggregated Data sold
in this way and for these purposes, you should not use our services.
We
may have to share your personal data with third parties in order to provide
our services.
We may share your personal data with competition
partners who we engage with to market our services.
We may also
share your personal information with social media platforms who provide
marketing and advertising services, in order to market to and advertise to our
audience and potential audiences.
We may also share your personal
data with service providers who we engage to work with our business, including
but not limited to those providing IT support, administrative support, and
professional advice such as legal and financial advisers.
We may
also share your personal data with 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 Policy.
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.
6. INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic
Area (EEA) so their processing of your personal data will
involve a transfer of data outside the EEA.
Whenever we transfer
your personal data out of the EEA, we ensure a similar degree of protection
is afforded to it by ensuring at least one of the following safeguards is
implemented:
• We will only transfer your
personal data to countries that have been deemed to provide an adequate
level of protection for personal data by the European Commission. For
further details, see
European Commission: Adequacy of the protection of personal data in
non-EU countries
.
• Where we use certain service providers, we may
use specific contracts approved by the European Commission which give
personal data the same protection it has in Europe. For further details, see
European Commission: Model contracts for the transfer of personal data
to third countries
.
Please contact us using the contact details set out at the
top of this Policy if you want further information on the specific mechanism
used by us when transferring your personal data out of the EEA.
7. 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.
8. 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, regulatory 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 in
line with our Retention Policy and Schedule.
In some
circumstances you can ask us to delete your data: see clause 1.9.3 below
regarding Request erasure below for further information.
In
some circumstances we may use your anonymised data indefinitely without
further notice to you.
9. YOUR LEGAL RIGHTS
You have rights under data protection laws in relation to your personal
data. Please see below to find out more about these rights:
9.1.
Request access to your personal data (commonly known as a “data
subject access request”). This enables you to receive a copy of the personal
data we hold about you and to check that we are lawfully processing it.
9.2.
Request correction of your personal data that we hold about you. This
enables you to have any incomplete or inaccurate data we hold about you
corrected, though we may need to verify the accuracy of the new data you
provide to us.
9.3. Request erasure of your personal data.
This enables you to ask us to delete or remove personal data where there is
no good reason for us continuing to process it. You also have the right to
ask us to delete or remove your personal data where you have successfully
exercised your right to object to processing (see clause 9.4below), where we
may have processed your information unlawfully or where we are required to
erase your personal data to comply with local law. Note, however, that we
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.
9.4. Object to processing of your personal data Where we 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 we
are processing your personal data for direct marketing purposes. In some
cases, we may demonstrate that we have compelling legitimate grounds to
process your information which override your rights and freedoms.
9.5.
Request restriction of processing your personal data. This enables
you to ask us to suspend the processing of your personal data in the
following scenarios:
(a) if you want us to establish the
data’s accuracy;
(b) where our use of the data is unlawful, but
you do not want us to erase it;
(c) where you need us to
hold the data even if we no longer require it as you need it to establish,
exercise or defend legal claims; or
(d) you have objected to our
use of your data, but we need to verify whether we have overriding
legitimate grounds to use it.
9.6. Request transfer of
your personal data to you or to a third party. We will provide to you, or a
third party you have chosen, your personal data in a structured, commonly
used, machine-readable format. Please note that this right only applies to
automated information which you initially provided consent for us to use or
where we used the information to perform a contract with you.
9.7.
Right to withdraw consent at any time where we are relying on consent
to process your personal data. However, this will not affect the lawfulness
of any processing carried out before you withdraw your consent. If you
withdraw your consent, we may not be able to provide certain services to
you. We will advise you if this is the case at the time you withdraw your
consent.
If you wish to exercise any of the rights set out above,
please contact us using the contact details set out at the top of this
Policy.
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.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm
your identity and ensure your right to access your personal data (or to
exercise any of your other rights). This is a security measure to ensure
that personal data is not disclosed to any person who has no right to
receive it. We may also contact you to ask you for further information in
relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month from receiving
the request from you. Occasionally it may take us longer than a month if
your request is particularly complex or you have made a number of requests.
In this case, we will notify you and keep you updated on expected
timeframes.
COOKIE POLICY
Cookies are small data files of information that a website or mobile
application transfers to your hard drive or mobile device to store and
sometimes track information about you. Although cookies do identify a user’s
device, cookies do not personally identify users.
Additionally, mobile
devices may use other tracking files which are similar to cookies (for
example iOS devices use Apple’s ‘identifier for advertisers’ (IDFA) and
Android devices use Google’s Android ID). In the context of tracking within
an App, the concept of a cookie will include an IDFA and an Android ID for
the purpose of this Cookie Policy.
Why do we use cookies?
Our website and App use cookies to distinguish you from other users. This
helps us to improve our website and App and to provide you with a good
experience when you browse our website or use our App.
What types of cookies we use?
We may use the following cookies:
1. Strictly necessary cookies:
these are cookies that are required for the operation of a website and App,
such as to enable you to log into secure areas.
2. Performance cookies:
these types of cookies recognise and count the number of visitors to a
website and users of an App and to see how users move around in each. This
information is used to improve the way the website and App work.
3.
Functionality cookies: these cookies recognise when you return to a website
or App, enable personalised content and recognise and remember your
preferences.
4. Targeting cookies: these cookies record your visit to a
website or App, including the individual pages visited and the links
followed.
Generally, the strictly necessary cookies and some
performance and functionality cookies only last for the duration of your
visit to a website or expire when you close an App: these are known as
‘session cookies’. The functionality cookies and some targeting and
performance cookies will last for a longer period of time: these are known
as ‘persistent cookies’.
Third party cookies
Some of the persistent and session cookies used by our website and App may
be set by us, and some are set by third parties who are delivering services
on our behalf. For example, we use Google Analytics to track what users do
on the App so we can improve the design and functionality.
Blocking cookies
Most websites, mobile devices and apps automatically accept cookies but, if
you prefer, you can change your browser, device or app settings to prevent
that or to notify you each time a cookie is set. You can also learn more
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