1. IMPORTANT INFORMATION
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 firstname.lastname@example.org. For more information on contacting us, please see pynk.io/help-resources.
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
collection, use and disclosure of your personal information.
6. MAKING PREDICTIONS
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.
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
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
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
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.
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
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.
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.
12.1 You may terminate your account with us at any time emailing us at
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
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.
14.1 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
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.
15.1 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.
17.1 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 email@example.com.
17.4 The platform can be used in English and these Terms and all communications made in respect of them will be in English.
18.1 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
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  days of receiving your complaint and, in exceptional circumstances, within  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.
20.1 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.
23.1 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
1. IMPORTANT INFORMATION AND WHO WE ARE
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
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.
Pynk One Ltd and CrowdSense Ltd are the controller and responsible for your
personal data (collectively referred to as “controller”, “company”, “we”, “us”
Our contact details are set out in table 1 below:
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.
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.
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
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:
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:
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.
We will get your express opt-in consent before we share your personal data
with any company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any
· 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.
You can set your browser to refuse all or some browser cookies, or to alert
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
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 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
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.
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.
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
about cookies by visiting www.allaboutcookies.org which includes additional
useful information on cookies and how to block cookies using different types
of browser or device. To block the IDFA on your iOS mobile device, you
should follow this path: Settings > General > About > Advertising
and then turn on ‘Limit Ad Tracking’. To block Android ID on your Android
device, you should follow this path: Google Settings > Ads and then turn
on ‘Opt out of interest-based ads’.
Please note however, that (as with other websites and apps) by blocking or deleting cookies used on our website or App you may not be able to take full advantage of our website or App.