Small Print

Disclaimer of Warranty and Liability


Our applications and websites, and any information provided thereon, are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent allowed by law, we cannot be held liable to you or anyone else for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use our applications or websites, even if you tell us of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with our applications and/or websites is to stop using our applications and/or websites.

Terms and conditions

The AliveInFive application is operated by Alive In Five a partnership based in Guernsey in The Channel Islands. To contact us email info@aliveinfive.com

By using this application you accept these terms and conditions. By using our website, you confirm that you accept these terms of use, and you agree to comply with them. If you do not agree to these terms, you must not use our application or our website.

There are other terms that may apply to you.These terms of use refer to the following additional terms, which also apply to your use of our application and/or our site:

We may make changes to these terms

We reserve the right to amend these terms from time to time. Every time you wish to use our application and/or our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 5th January 2019.

We may make changes to our site

We may update and change our application and/or our website from time to time to reflect the needs of our users, and our business priorities.

We may suspend or withdraw our application and/or our website

We do not guarantee that our  application and/or our website, or any content thereon, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our application and/or our website for business and operational reasons.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our  application and/or our website, and in the material published thereon. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation or community to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off 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.

You must not use any part of the content on our application and/or our website for commercial purposes without obtaining a licence to do so from us or our licensors.

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

Do not rely on information on this site

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

Although we make reasonable efforts to update the information on our  application and/or our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our application and/or our website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our  application and/or our website; or
use of or reliance on any content displayed on our  application and/or our website.
If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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

You must not establish a link to our website in any website that is not owned by you.

Our site must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Guernsey law. You and we both agree that the courts of Guernsey will have exclusive jurisdiction.

Privacy policy

The Alive In Five partnership is committed to safeguarding your privacy. Contact us at info@aliveinfive.com if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

By using this application and/or website, you consent to the Processing of your Personal Data as described in this Privacy Policy.

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – Any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
– a natural person under 16 years of age.
(either capitalised or not) – The Alive In Five partnership

Data protection principles

We promise to adhere to the following data protection principles:

Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.

Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.

Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.

Processing is limited with a time period. We will not store your personal data for longer than needed.

We will do our best to ensure the accuracy of data.

We will do our best to ensure the integrity and confidentiality of data.

Data subject’s rights – The Data Subject has the following rights:

Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.

Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.

Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.

Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.

Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.

Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.

Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.

Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.

Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.

Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.

Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

Information you have provided us with

This might be your e-mail address, name, billing address, home address, etc. – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and email address.

Information automatically collected about you

This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.

Information from our partners

We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.

Publicly available information

We might gather information about you that is publicly available.

How we use your personal data

We use your Personal Data in order to:
provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.enhance your customer experience;fulfil an obligation under law or contract.

We use your personal data on legitimate grounds and/or with your consent

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

to identify you; to provide you a service or to send/offer you a product;

to communicate either for sales or invoicing.

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;

to conduct questionnaires concerning client satisfaction.

With your consent we Process your Personal Data for the following purposes:

We Process your Personal Data in order to fulfil obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

the link between purposes, context and nature of Personal Data is suitable for further Processing;


the further Processing would not harm your interests and there would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

Payment gateway

We only work with processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children.

Services

Cookies and other technologies we use

We use cookies and/or similar technologies to analyse customer behaviour, administer the application and/or website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes

Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.

Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and email in comment forms so you don’t have to re-enter this information next time when commenting.

Analytics cookies – these cookies are used to track the use and performance of our website and services

Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website but not our application. Google has their own Privacy Policy which you can review here – https://policies.google.com/privacy. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Contact information

The Channel Islands Data Protection Office
The Data Protection Office can be contacted in the following ways: Telephone: +44 (0) 1481 742074Email: enquiries@dataci.org
Data Protection Office
Guernsey Information Centre
North Esplanade
St. Peter Port
Guernsey
GY1 2LQ