Terms & Conditions

TERMS & CONDITIONS & PRIVACY POLICY

Last updated: (09/05/2018)

TERMS AND CONDITIONS

DEFINITIONS

The ‘Customer’ is anyone participating in the Refill scheme run by Refill. The customer may have a variety of transactions with Refill, the Service and the Refill Stations but their legal standing does not alter whichever role the customer takes.

The terms ‘Company’ ‘Refill’ ‘us’ ‘our’ and ‘we’ refer to the project and the related Refill app which is a subsidiary of City to Sea CIC, the company number is 9948596 and is registered at the following address:

City to Sea C.I.C.

Unit D, Albion Dockside Studios

Hanover Place

Bristol

BS1 6UT

‘Refill Stations’ or ‘RS’ refers to the businesses who are providing free drinking water to the ‘Customers’ on behalf of the program organised by Refill.

The Refill App, Refill Website, access to the Refill App / online account and any related web-based tool and related online content generated by and on behalf of Refill will be referred to as ‘The Service’ or The App.

Partners are businesses and organisations that have entered into a commercial agreement with Refill. The degrees of partnership will vary with agreements between Refill and their Partners.

INTRODUCTION

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.refill.org.uk website and the Refill App mobile application (the “Service”) operated by City to Sea CIC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

 

These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

GENERAL

USER AGREEMENT

The Customer is ultimately responsible and participates in Refill and all the associated activities at their own risk.

THE APP AND SERVICE

PRIVACY POLICY

See Below – this section is at the end of Terms and Conditions document.

 

PURCHASES, REFILLS AND PRIZES/REWARDS

Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your banking details. These will be protected at all times – please see our Privacy Policy.

 

1.1 The Refill Station (RS) agrees to provide the Refill Customer with clean and safe drinking water as they would a paying customer.

1.2 The RS is not responsible for any health effects of refilling at their business nor can or will they be held responsible for any potential or alleged spreading of illness outside of normal rules and guidelines that affect their business, hygiene regulations and health and safety legislation.

1.3 The User will keep their reusable bottle as hygienic as possible to avoid any chances of infection or illnesses.

1.4 The Company and the Service is not responsible for the quality of the water refill provided. Feedback may be recorded via the App and complaints or reports may be made to the Company.

1.5 Where applicable, the Customer will remove the lid/cap from their bottle prior to asking for a refill and will present the bottle to a member of the RS staff so that the lips of the bottle does not come into contact with the member of staff’s hands, clothing, jewelry etc.

2.1 The RS will treat the Customer with respect and courtesy.

2.2 The Customer agrees to treat the RS and staff with respect and courtesy.

2.3 If the business is too busy a RS may decline the Customer a refill. The App should allow the customer to find an alternative RS in close proximity.

2.4 Busy times at a RS/business may cause delay. This is understood by the Customer.

3 Any prize, reward or promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.

4 All information given by the Company and Refill applies to the UK only and is correct at the time of publication, but is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter.

REFUNDS AND REPLACEMENTS

5.1 No offer is permanent and offers and promotion can and will by their nature, change over time. The rewards will be on a first claimed, first won basis. There are no automatic refunds, replacements or substitutions available unless stated clearly in offers terms and conditions.

5.2 Any prize promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.

5.3 All information given by the Company and Refill applies to the UK only and is correct at the time of publication, but is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter.

LOST PROPERTY

6.1 The Company, The Service and Refill Stations does not accept any responsibility for the loss, theft or damage to belongings of the Customer whilst participating in any act related to using the Service or in the act of Refill. Money and valuables should never be left unattended.

6.2 There might be a Lost Property facility at the Refill Stations but this is only ever dependent on the property being handed in.

6.3 The refillable bottle is the responsibility of the Customer at all times.

INTELLECTUAL PROPERTY / TRADEMARKS

7.1 The trademarks and logos (the “TradeMarks”) displayed throughout the App and on the Company’s related websites include the registered and unregistered trademarks of the Service and of other businesses.

7.2 At no times and in no places in these Terms and Conditions may it be construed as the Company granting any licence or right to use any of the TradeMarks without the prior written permission of Refill / the Company or other proprietor of the TradeMarks.

7.3 Any use of the TradeMarks or any other content on the App or related websites except as provided in these Terms and Conditions is strictly prohibited without a licensing agreement with the Company.

7.4 If any element of the content found on the App or on websites associated with the App or the Company are found to be copyright infringement, the Company will remove all the affected content.

WEBSITE AND APP ( AND OTHER FORMS OF INFORMATION)

8.1 The Company is not liable for loss of trade or refills if the App / Service is temporarily down, glitches or is not working correctly.

8.2 The Company is not liable if the App / Service is hacked or sabotaged.

8.3 The Company is not liable if the App / Service does not record the Refills.

8.4 Any communication or material you transmit to the Company via the App, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and nonproprietary but stands in line with our privacy policy in respect of any personal information we receive from you.

8.5 Anything you transmit or post shall subject to the Company’s privacy policy become the exclusive property of and may be used in whole or in part by the Company or other members of the Company sub groups or on behalf of either at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Company or via the App for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

8.6 Further to paragraph 8.5 above, depending on how you log on and register in order to submit your communication, your Facebook profile name, Google user-name or email user name (but not your email address) may be included with any internal Company publication or re-publication of the contents of your communication. The Company shall comply with the Privacy Policy outlines in these Terms.

8.7 The Service and the Company will not be liable for any damages or injury howsoever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure.

8.8 The Company will not be liable for any damages or injury that result from the use of, or the inability to use, the materials relating to the Service and the ‘Company’ no matter how this may be caused.

8.9 The Company is not responsible for any information not entered by Company employees affecting any element or related materials associated with the Service.

8.9.1 The Refill Station management/owners will provide business information and an image that is not deemed offensive, inciteful or provocative. This will be displayed on the Service and Website.

8.9.2 The ultimate responsibility for information regarding the RS will lie with the RS who should ensure all information provided and listed is accurate. Any deliberate misinformation or false information entered by a customer could result in termination of the customer’s account for the Service and the Company holds no legal responsibility for such actions.

LIMITATION OF LIABILITY

INDEMNITY

9.1 The Customer is ultimately responsible and does so at their own risk.

9.2 The Customer shall indemnify and keep the Company indemnified against all loss, damage, claims, costs or expenses, howsoever arising, including the negligence of the Company, in respect of any damage or loss of every nature beyond the liability of the Company under these Conditions.

TERMINATION CLAUSES

10.1 The Service will be monitored and users and RS may report activity to monitors, this may result in a number of potential actions from warnings to termination of the Customer’s account for the Service.

10.2 Any deliberate misinformation or false information entered by a customer could result in termination of the customer’s account for the Service and the Company holds no legal responsibility.

10.3 Users agree to post accurate reviews and ratings.

10.4 Misuse of the rating system will result in a warning/suspension or an outright ban from the Service.

10.5 Recording false refills using the Service or attempting to get un-earned Refill points may result in a warning/suspension or an outright ban from the Service.

10.6 Sabotage of the Refill app will result in a warning/suspension or an outright ban from the Service.

10.7 Following a ban from the use of the Service, the Customer may not apply for a new account under a different guise or email account unless they have express permission from the Company.

GOVERNING LAW

11 Any use of the Service – Refill Scheme – and participation by all parties shall be subject to the laws of England and any dispute arising from such use or otherwise in connection with the Company or Service shall be subject to the exclusive jurisdiction of the courts of England.

CHANGES

12 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT US

If you have any questions about these Terms, please contact us at:

 

City to Sea C.I.C.

Unit D, Albion Dockside Studios

Hanover Place

Bristol

BS1 6UT

PRIVACY POLICY

As a registered Refill user you have agreed to the Terms and Conditions of the app and website and its use. With regards to data, you have agreed for us to use your demographic information (not personal identification data) which in time may act to provide insight into the activity of our members with our 3rd party partners.

This Policy applies between you, the User of this App and Refill – the owner and provider of this App and related Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

City to Sea C.I.C. is committed to protecting your personal information and being transparent about what information we hold about our supporters.

The purpose of this policy is to give you a clear explanation about how City to Sea C.I.C. collects and uses the personal information you provide to us and that we collect, whether online, via phone, email, in letters or in any other correspondence or from third parties.

We ensure that we use your information in accordance with all applicable laws concerning the protection of personal information. This policy explains:

What personal data we hold

How we collect personal data

Use of cookies

How and why will we use this personal data?

Personal Data – Information and disclosure

Your choices

Under 18’s

Keeping your personal information

Your rights

Complaints and comments

Changes to this privacy policy

If you have any queries about this privacy policy please contact [email protected]

 

Please read this Privacy Policy carefully to understand our practices regarding your personal data and how we will collect, use and store your personal data. We may update this policy from time to time so please check it regularly. If there are significant updates, we will inform those people with whom we are in regular contact, such as donors and email subscribers.

What personal data do we hold?

 

Some examples of the type of information we may collect and hold about you are as follows:

 

your full name and your title or an indication of the gender that you most closely associate with;

birth date or alternatively a relevant age range;

postal address;

telephone number(s);

email address;

records of your correspondence with us;

bank or credit card details (if you purchase something from us or donate to us);

donation and gift aid details (if you donate to us);

information you enter into our websites and digital products and details of how you use those websites and digital products

dietary, accessibility, and mobility information;

your location to ensure that you can access the nearest Refill Stations and can make an informed decision how and where to Refill.

 

But we may also collect, hold and process other personal data where it is appropriate and relevant, for example:

 

details of why you have decided to support/contact us and how you may have heard about us and the work that we do;

details of how you would like to be involved with the work of City to Sea and Refill

personal data about you that will enable us to be more precise in what we send you or how we approach you;

 

How we collect personal data

 

We collect information about you:

 

When you give it to us directly: You may give us your personal data in order to receive information from us; buy products from us; when you volunteer with us or take part in any of our community programmes (or request information about these); when you donate to us; when you respond to a survey or when you otherwise engage with us on our websites and digital products.

 

When a third party provides us with your personal data: Your personal data may be shared with us by third parties in certain circumstances. This may include (but is not limited to) when you sign a petition through third party companies such as 38 Degrees.org, download the Refill app or make a donation through PayPal. Where appropriate you should check the Privacy Policy of any third party when you provide your personal data to them in order to understand fully how they will process your personal data.

 

When you use our websites and digital products, such as www.citytosea.org.uk or www.refill.org.uk: We may collect personal data about you when you use our websites and digital products. Whenever you input personal data into our website (for example signing up to our e-mail mailing list or requesting more information about Refill), we will collect the personal data that you give to us.

 

We use “cookies” to identify you when you visit our websites and digital products. Amongst other things this helps us to understand our website users and may enable us to improve the website experience for you and/or other users.

 

We may collect other personal data from your use of the websites, such as your IP address and access times.

 

We may link our websites directly to other sites. This privacy policy does not cover external websites and we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit.

 

THE WEBSITE

 

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

USE OF COOKIES

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Cookies are small files saved to the user’s computer hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [http://www.google.com/privacy.html].

Other cookies may be stored to your computer’s hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

Controlling Access to your Data

Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

use of Data for direct marketing purposes; and

sharing Data with third parties.

Your Right to Withhold Information

You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.

You may restrict your internet browsers use of Cookies. For more information see clause 10.4 below. Should you elect to do so, certain capabilities of the App and Web Site may be rendered inoperable.

Accessing your own Data

You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. In time, Additional Data as to your marketing preferences may also be stored and you may change this at any time.

Security

Data security is of great importance to Refill and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

 

How and why will we use this personal data?

 

We will use your personal data to:

 

provide you with the information, product or service you have requested from us, including such things as invitations to events that we run or are involved with, merchandise from our shop, responding to your enquiries and requests, attending educational activities and events, and to tell you about our work and our fundraising;

provide you with other information which we feel may interest you. This may include newsletters, tips, updates, information in relation to fundraising campaigns, voluntary surveys or questionnaires for you to complete, details of relevant volunteering opportunities, and details of any promotions and competitions we are running. We may also send you details of events we think you may be interested in attending;

analyse and understand how people use our websites and digital products so we can improve and personalise the experience for users and reflect your preferences and previous interactions;

keep a record of our relationship with you;

improve how we communicate with you, how we fundraise, and how we operate more generally; keep in contact with you in the ways that you have requested or agreed to;

personalise our services and communications to you (for example, to ensure that they take into account your age, location and previous involvement with City to Sea);

provide you with information about carefully selected third party events, products, campaigns and competitions, where we are permitted to do so;

notify you about changes to our services;

administer and process payments you make for products, services and charitable donations made to any of our entities;

comply with applicable laws and regulations and requests from statutory agencies including for such purposes as health and safety; the detection and prevention of crime and safeguarding; and

carry out any obligations or provide you with any other services, functionality or content which you specifically request or agree to.

 

Fundraising

 

Charitable giving is very important to City to Sea’s ability to achieve its mission. We carry out a wide variety of marketing activities to seek individuals’ support for our work, ranging from appeals for small one-off donations, to large fundraising initiatives for specific projects. We want to ensure that we are contacting you with tailored and appropriate communications, and ensure we direct our resources and fundraising activities as efficiently and effectively as we can. We also want to communicate with you from time to time to thank you for your support and tell you what we have achieved with the help of your donation.

Marketing Communications

We want to ensure you receive the level of information about City to Sea and Refill that is right for you.

 

Email/text marketing:

 

If you actively provide your consent to us along with your email address and/or mobile phone number, we may contact you for marketing purposes by email or text message. By subscribing to City to Sea and Refill emails or opting in to email communication from City to Sea, you grant us the right to use the email for both email marketing purposes and advertisement targeting

 

Post/telephone marketing:

 

If you have provided us with your postal address or telephone number we may send you direct mail or telephone you about our work unless you have told us that you would prefer not to receive such information.

 

Social media targeting:

If you are a social media user, we will use certain social media tools as part of our relationship with you.  These tools include such things as Facebook and Instagram Custom/Lookalike Audiences, Google Customer Match/Similar Audiences, Twitter Tailored/Lookalike Audiences and LinkedIn Matched Audiences.

Through using these tools, we will provide some of your data to the social media platform / organisation to allow them to identify your social media profile with them.  The social media platform / organisation will then show you relevant advertisements relating to City to Sea which we think you will be interested in seeing on your newsfeed.

The social media platform / organisation will also use your profile to identify those with similar characteristics to you who we think may also be interested in finding out more about City to Sea and the work we do.  These identified individuals will then be shown advertisements about City to Sea on their newsfeed.  This activity is governed by the social medial platform’s own privacy policy and terms and conditions, so please do refer to these documents if you require any further information about this activity.

 

Personal Data – Information and disclosure

City to Sea may disclose your personal information in the following circumstances:

 

Refill may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Web Site, EXCEPT in the instance of Payment Service Providers where such data is stored by such Payment Service Provider in the interests of further protecting the integrity and security of such data. Any Data used by such parties is used only to the extent required by them to perform the services that Refill requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the General Data Protection Regulations.

Changes of Business Ownership and Control

Refill may, in the future, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

 

 

To City to Sea suppliers or service providers only to provide the products or services you’ve requested from our site(s) where, for example, we use a separate company to deliver goods to you.

 

To third parties who provide a service to us and are data processors. This would include our trusted partners that work with us in connection with our charitable purposes, and other entities that sell City to Sea products or provide City to Sea information and marketing (subject to your communication preferences and our internal policies and procedures). We require these third parties to comply strictly with our instructions and data protection laws and we will make sure that appropriate controls are in place. We enter into contracts with all of our data processors and regularly monitor their activities to ensure they are complying with City to Sea policies and procedures.

 

Where we are under a duty to disclose your personal information in order to comply with any legal obligation (for example to government bodies and law enforcement agencies), or in order to enforce or apply our rights (including in relation to our website or other applicable terms and conditions) or to protect City to Sea, for example in cases of suspected fraud or defamation.

 

Rest assured, we will never share, sell or swap your details with any third parties for the purposes of their own marketing or the monetising of your data.

 

Your choices

 

It is always your choice as to whether you want to receive information about our work, how we raise funds and the ways you can get involved. If you do not want us to use your personal information in these ways please indicate your preferences on the form on which we collect your data.

 

You may opt-out of our marketing communications at any time by clicking the ‘unsubscribe’ link in at the end of our marketing emails or by sending us an “opt-out” text message, following the instructions we provide you in our initial text.

 

You can also change any of your contact preferences at any time (including telling us that you don’t want us to contact you for marketing purposes by telephone, or by post) by contacting us at [email protected] or [email protected].

 

We will not use your personal information for marketing purposes if you have indicated that you do not wish to be contacted by us for such purposes. However, we will retain your details on a suppression list to help ensure that we do not continue to contact you.

 

 

 

Under 18s

We are committed to protecting the privacy of the young people that engage with us through our education and information services for young people on our website, at events and at schools.

If you are under 18 and would like to get involved with the work of City to Sea, please ensure that you have consent from a parent or guardian before giving us your personal information. When we collect information about a child or young person aged under 18 we will make it very clear as to the reasons for collecting this information and how it will be used.

Keeping your personal information

We keep your personal information only for as long as required to operate the service in accordance with legal requirements and tax and accounting rules. Where your information is no longer required, we will ensure it is disposed of in a secure manner.

Your ability to edit and delete your account information preferences

The accuracy of your personal information is important to us. You can edit the information held by City to Sea, including your address and contact details at any time. If you would like to change your preferences or update the details we hold about you other than online, please contact us at [email protected] or write to City to Sea, 5 York Court, Wilder Street, Bristol, BS2 8QH.

Your rights

Please note that you may only use/ benefit from some of the following rights in limited circumstances. For more information, we suggest that you consult guidance from the Information Commissioner’s Office (ICO) – https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ – or please contact us at [email protected].

Right to restrict processing

In certain circumstances as outlined in the ICO guidance referred to above, you have a right to require us to stop processing your personal data in a particular way.

Right to erasure

You have the right to request that your personal data is erased from our records in certain circumstances.

Right of access

You have a right to ask for a copy of the personal data we hold about you. If you want to access your personal data, please send a description of the personal data you want to see and proof of your identity by post to City to Sea, 5 York Court, Wilder Street, Bristol, BS2 8QH.

Right to rectification

We also want to make sure that your personal data is accurate and up to date. Please let us know if your details change. You may also ask us to correct or remove personal data which is inaccurate.

Right to object

You can also opt-out of receiving all or some of our marketing/ fundraising communications or request that we stop processing personal data about you for certain purposes at any time by contacting us using the details below.

Right to data portability

In certain circumstances you have a right to data portability which means we will provide you (or a third party you nominate) with your personal data in a structured, commonly used and machine-readable format.

Complaints or comments

If you are unhappy with our work or something that we have done or failed to do, we want to know about it. We also welcome your views on what we do well. Your comments enable us as an organisation to learn and continuously improve our services.

To give us feedback, or lodge a complaint please contact us at [email protected] or write to City to Sea, 5 York Court, Wilder Street, Bristol, BS2 8QH.

Changes to this privacy policy

We may update the terms of this policy at any time, so please do check it from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address you have provided to us or by placing a prominent notice on our website(s). By continuing to use our website you will be deemed to have accepted such changes.

RESOURCES & FURTHER INFORMATION

Data Protection Act 1998

Privacy and Electronic Communications Regulations 2003

Privacy and Electronic Communications Regulations 2003 – The Guide

Twitter Privacy Policy

Facebook Privacy Policy

Google Privacy Policy

Linkedin Privacy Policy

Mailchimp Privacy Policy

Fillable PDF Forms Creation

Website Privacy Policy Template

Information Commissioner’s Office (ICO)