Website – General Terms
Last updated: 8th August 2019
Website Terms and Conditions
Who we are?
We are Gemstone Retail Limited, trading as 5stargiveaways (“5stargiveaways”, “we”, “us”) incorporated in England & Wales company number 11713200, 80 Lytham Road, Preston, Lancashire, PR2 3AQ. To contact us, please email [email protected]
Availability and Your Status
Our Website is available globally, but our competitions are only available to legal residents of the United Kingdom aged 18 years or over.
By entering a competition through our Website, you promise that:
- You are a legal resident of the United Kingdom and legally capable of entering into binding contracts;
- You are at least 18 years of age or older;
- The information you provide upon entry into a competition is complete and accurate.
All rights, including copyright and all other intellectual property rights, in the content of the Website are owned, licensed to or controlled for these purposes by 5stargiveaways. In accessing our Website, you agree to do so for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of our Website for any purpose whatsoever without our prior permission.
Accessing the Website
Further, 5stargiveaways does not warrant that the availability of the Website or the functions or material contained on the Website or any third-party hyperlinked website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available will be free of viruses or other potentially harmful components.
Though it is our intention to provide accurate and useful information on our Website, we acknowledge that errors may appear from time to time. 5stargiveaways, our information providers and any third parties who may have contributed to the Website make no promises as to the reliability, accuracy, timeliness, usefulness or completeness of any information on the Website.
There is no charge to use the Website. However, your internet service provider may impose charges for you to have access to the amount of bandwidth required to use the Website. In addition, when accessing the Website from a mobile device there may be additional network charges according to your contract.
Contracts between you and us will be governed by English law.
5stargiveaways respects your privacy and is committed to treating any information that we obtain about you with as much care as possible and in a manner compliant with all applicable data protection legislation including the EU General Data Protection Regulation 2016/679 (“GDPR”) and any national implementing laws (collectively “Data Protection Legislation”).
This document is our data promise to you. Please read it carefully. Among other things, it explains:
- what personal data we may collect about you in connection with: (i) providing you with our services including entry into a competition; (ii) your online interaction with us (including via our Website, email or social media channels); (iii) our in-person interactions with you and (iv) any other related or ancillary channels (collectively, the “Channels“);
- how we collect, store, disclose, transfer, protect and otherwise process that information and for what purposes; and
- other important information, such as the lawful bases by which we process your personal data, how long we might retain your personal data, and the rights you have in relation to personal data we hold about you.
The Personal Data We Process
We collect personal data about you through the Channels when you:
- access and use our Website (including by way of cookies);
- enter a competition, subscribe for other services or special events;
- request technical support or other customer care support;
- contact us (whether in writing, by email, by telephone or otherwise);
- post content on our social media pages; or
- otherwise interact with us through the Channels.
- The type of personal data we process may include:
- your name, user name, email address, postal address, telephone number and other information provided by you;
- Payment (such as debit/credit card) information you use to pay for entry into a competition is processed only to the extent, and for the duration, necessary to enable our third-party payment processors (First Data) to process the relevant payment. No such payment information is retained or stored by us.
The Lawful Basis by which We Process your Personal Data
- Your consent
- Other lawful grounds
5stargiveaways may also process your personal data in any circumstances where such processing is necessary:
- in order to perform any agreement between us (including pursuant to our Website Terms and Conditions or for us to fulfil prize delivery to you in respect of a competition which you have entered);
- to comply with any applicable law or regulation; or
- for the purposes of the legitimate interests pursued by us or third parties. These legitimate interests include the purposes identified above but also include other general commercial interests and our internal administrative purposes.
Sharing Personal Information with Third Parties
- email service providers;
- web analytics services such as Google analytics;
- professional service providers, such as marketing agencies, advertising partners and website hosts;
- logistics companies;
- address verification services;
- competition management, fulfilment and verification services;
- integration platform providers;
- other third parties approved by you, such as social media sites, or share content via or third parties who administer any competitions or surveys on our behalf which you voluntarily partake in; and
- any similar or replacement third parties from time to time.
- We seek to ensure that any third party engaged by us who processes your personal data has policies and procedures in place to ensure compliance with the Data Protection Legislation. Unless otherwise disclosed to you from time to time, we will remain the data controller in respect of your personal data despite the fact that third parties may be engaged as data processors.
How Long We Retain Your Personal Data
As a minimum, we will store your data for as long as is reasonably necessary to provide you with the services that you have requested from us, but in most cases, we will retain certain of your personal data for as long as is reasonably necessary taking into consideration factors such as:
- our need to perform any agreements between you and us (including prize fulfilment);
- our need to answer any queries or resolve any problems you may have;
- your continued consent to receive marketing and other emails and communications from us (if any);
- our continued provision of our services to you; and
- our need to comply with legal requirements (e.g. relating to record keeping).
If you tell us that you would like to delete your account, we will take steps to delete all the personal data we hold about you once it is no longer necessary for us to hold it (e.g. to fulfil any outstanding prize fulfilment, resolve disputes, or as is permitted by law or regulation).
How We Protect Your Personal Data
For as long as we do store your personal data, we will follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. 5stargiveaways has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal data collected by us is stored in secure operating environments that are not available to the public. We maintain information behind a firewall-protected server.
Notwithstanding our efforts to keep your personal data secure, no system can be 100% reliable. To the fullest extent permitted by law, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any personal data you provide through the Channels. In addition, you are responsible for maintaining the strength and confidentiality of your login credentials.
We will notify you as soon as reasonably practicable if we have reason to believe that there has been a personal data breach by us (or your personal data held by us) which could adversely affect your rights and freedoms.
Links to Third Party Sites
If you access such third-party websites, please ensure that you are satisfied with their respective privacy policies before you provide them with any personal data. We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any website operated by any third party.
What Rights You Have Over Your Personal Data
You have the following rights:-
- the right to receive an exported file of your personal data held by us;
- the right to correct any inaccurate or incomplete personal data held by us;
- the right to request that we erase the personal data we hold about you;
- the right to request that we restrict the processing of your personal data;
- the right to have your personal data transferred to another organisation;
- the right to object to certain types of processing of your personal data by us; and
- the right to complain.
Questions and Complaints
For all questions or complaints about this policy, we would appreciate the chance to deal with your concerns before you approach the relevant data protection authority. Please contact us in the first instance via email at [email protected]
You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the UK is the Information Commissioner’s Office (ICO) (www.ico.org.uk)
The table below explains the cookies we may use and why.
|Forms Authentication Cookies||The Forms Authentication Cookie is used to determine if a user is authenticated. Forms authentication uses an encrypted authentication ticket that is created when a user logs on to a site and then it tracks the user throughout the site.|
|Google Analytics Cookies||These cookies are used to collect information about how visitors use our Site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the Site and the pages they visited.|
|Essential cookies||These cookies allow you to use the basic functionality of our website. For example, browsing our competitions and promotions and checking your account information.|
|Performance cookies||They allow us to get to know how you use our website. They are used to analyse visitor information such as usage, visitor numbers and help us see how effective our advertising is and to understand what you like. We also use this information to help improve our website, make our marketing more relevant and improve the user experience.
|Functionality cookies||They allow us to provide additional functionalities to the website, and will retain some settings information. Whilst not essential for the functionality of our site, they do enable extra features that should improve your experience.
To find out more about cookies including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org/manage-cookies