LEGAL JAZZ

TERMS & CONDITIONS

We are a mobile application developer and publisher called Rekiv Limited, a company incorporated under English law (company number: 12106953) whose registered office is at Rekiv, 200 Union Street, London, United Kingdom, SE1 0LX (hereafter “Rekiv”).

These Website Terms (“Terms”) set out the terms between you and us when you access our website at www.Rekiv.co.uk (the “Website”). These Terms apply to all users of, and visitors to, the Website.
If you decide to play any of our mobile game applications (each an “App”) additional terms will apply to you. Your use of the Website means that you accept and agree to abide by these Terms and our Privacy Policy which is deemed to form part of these Terms. These Terms take effect from the date of your first use of the Website.

1.      Your use of the Website

1.1.  You may not deploy within our Website any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Website. The use of automated systems or software to extract data from the Website for commercial purposes, (‘screen scraping’) is prohibited unless you have a written licence agreement with us which permits you to do so.

1.2.  Any material you send or post to the Website (excluding personal data (as defined in the GDPR and Data Protection Act 2018) which shall be dealt with in accordance with our Privacy Policy) shall be considered neither confidential nor proprietary. We shall have no obligations with respect to such material and shall be free to host, display and otherwise use such material for any purpose anywhere in the world.

These Website Terms (“Terms”) set out the terms between you and us when you access our website at www.Rekiv.co.uk (the “Website”). These Terms apply to all users of, and visitors to, the Website. If you decide to play any of our mobile game applications (each an “App”) additional terms will apply to you. Your use of the Website means that you accept and agree to abide by these Terms and our Privacy Policy which is deemed to form part of these Terms. These Terms take effect from the date of your first use of the Website.

2.      Intellectual Property

2.1.  The Website and its content (including all articles, photographs, images, text, fonts, the Rekiv name and logo, the names and logos of each of our Apps and designs) is owned by Rekiv and its licensors (unless indicated otherwise) and is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights.

2.2.  You may view, retrieve and display the content of the Website on a computer screen or other device which connects to the internet or print such copies of such content for your own internal business use, provided you;

(a)    keep intact all and any copyright and proprietary notices; and

(b)    do not otherwise reproduce, copy, distribute, resell or otherwise use it for any other purpose.

2.3.  If you wish to reproduce any of our Website content outside your own internal business use (including as part of any company website) please contact us at hello@Rekiv.co.uk. Permission to reproduce any of our content is at our sole discretion.

3.      Our Liability

3.1.  Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; or (c) any other loss or damage for which liability cannot be limited or excluded by law.

3.2.  Subject to clause 3.1, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages whether direct, indirect, incidental, special, punitive, or consequential.

3.3.  You acknowledge that the above exclusions and limitation of liability are reasonable.

4.      Third Party Websites and Advertising

4.1.  The Website may contain links to other websites or material that are beyond our control. We are not responsible for the content on any third party website.

4.2.  The Website may, in the future, contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws and industry codes of practice. We are not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising
or sponsorship.

5.      Availability and performance of the Website

5.1.  We make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to hello@Rekiv.co.uk and we will attempt to correct the fault as soon as we reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Website as soon as we reasonably can.

5.2. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

6.      Termination of your use of the Website

Without prejudice to any other remedies you may have, if in our opinion you have breached or are likely to breach these Terms you may be banned from the Website and we may take steps to prevent you from using it.

7.      General Terms

We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified via updating these Terms on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.

8.      Law and Jurisdiction

8.1.  These Terms and any dispute arising out of or in connection with these Terms and your use of the Website shall be subject to the laws of England and Wales. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. If you have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence, including the online dispute resolution service for which more details can be found here.

8.2.  We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

PRIVACY POLICY

This is the Privacy Policy (the “Policy”) of Rekiv Limited a limited company registered in England and Wales with a registered company number of 12106953 and a registered address at Rekiv, 200 Union Street, London, SE1 0LX (hereafter “Rekiv”, “we” or “us”). This Policy describes the ways in which Rekiv collects and uses information about you when you visit our website at Rekiv.co.uk (the “Website”) or use any of our mobile applications (each an “App”), including when you participate in any prize promotions that we make available via the Website, our social media handles/pages and/or Apps.

Rekiv may change this Policy at any time in which case we shall notify you of any changes to this Policy. The changes will apply to your use of the Website and/or App and/or participation in any prize promotion (as applicable) after we have given notice. If you do not wish to accept the new Policy you should not continue to use the Website and/or App and/or participate in any prize promotion
(as applicable). If you continue to use the Website and/or App and/or participate in any prize promotion
(as applicable) after the date on which the change comes into effect, your use of the Website and/or App and/or participation in any prize promotion (as applicable) indicates your agreement to be bound by the new Policy.

For the purposes of data protection legislation, Rekiv is the controller for the processing of your personal data. Rekiv has notified the Information Commissioner’s Office (“ICO”) of its processing of personal data. Rekiv’s registration number is ZA493856.

This Policy was last changed on 10 May 2019.

SECTION A – Your use of the Website and participation in any prize promotions

  1. Information which is collected when you use the Website: Rekiv may collect the following information from you via the Website if you choose to contact us via the Website, namely your name, phone number, e-mail address and details of your particular query.
  2. Information which is collected when you participate in any prize promotion: Rekiv may collect the following information from you if you choose to participate in any prize promotion, namely any and all personal data made available via the applicable social media site that you have signed up to and via which you enter the applicable prize promotion, the contents of which will be determined by you but are likely to include your name, e-mail address and other information about you, together with any other information that we ask you to submit in order to enter the prize promotion and, if you are a winner, claim your prize.
  3. Processing ground: Rekiv relies on the contractual necessity processing ground to collect the items of information listed in paragraphs 1 and 2 above, as this information is required in order for Rekiv to answer your particular query and/or for you to enter the prize promotion, including, if you are a winner, to claim the prize in question.

How the information about you on the Website and when entering any prize promotion is used:
The information about you described in paragraphs 1 and 2 is used by Rekiv:
a. to provide technical support in relation to your use of the Website and its Apps, troubleshooting/answer your particular query and, if applicable, to enter you into the prize promotion and, if you are a winner, deliver the prize in question to you;
b. to use such information in anonymised form for its own research and marketing purposes; and
c. to share with third parties as described in paragraph 8 below.

SECTION B - Your use of any Rekiv App

  1. Information which is collected by the App: Rekiv may collect the following information when you use one or more of Rekiv’s Apps:
    a. for the Scratch Day and Spin Day Apps (the “RF Apps”), your name and e-mail address
    (collected via Facebook log-in, required for you to download and use the App) and (if applicable)
    any alternative e-mail address(es) (if provided to us when redeeming any Cashout,
    Reward and/or Prize);
    b. for all its other Apps, Rekiv only collects personally identifiable information if you consent for the purposes of serving you more targeted adverts (see paragraph 7(b) below).
  2. Processing ground: Rekiv relies on the contractual necessity processing ground to collect the items of information listed in 4(a), as this information is required in order for Rekiv to provide additional services via the applicable RF App e.g., to allow you to collect virtual tokens and remember you the next time you log-in, as well as to provide you with the applicable Cashout, Reward and/or Prize. You are, however, able to access many of Rekiv’s Apps without providing such data. In addition, for each RF App, in order to serve personalised adverts, Rekiv relies on the consent processing ground as you have the opportunity to consent or withdraw your consent to your personal information being used in this way when first logging-in to the applicable RF App and at any time thereafter via the Menu settings in the applicable RF App.

How the information about you on the App is used: The information about you described in paragraph 5 may be used by Rekiv as follows:
a. to enable Rekiv to undertake administration tasks in relation to the management of the App and to provide the services that Rekiv provides via the App to you, namely to permit you to access and play mobile games via the App including, in the case of any RF App, to allow you to collect virtual tokens and remember you the next time you log-in as well as redeem any Cashout, Prize and/or Reward;
b. to (if you consent), serve you adverts that are more personalised to you;
c. to tweak, tune and facilitate the improvement of the App;
d. to provide technical support in relation to your use of the App and troubleshooting;
e. to prevent fraud or illegal activities;
f. to use such information in anonymised form for its own research and marketing purposes; and
g. to share with third parties as described in paragraph 8 below.

SECTION C - General

  1. Sharing information with third parties: Rekiv shall not pass your information to any third party (other than as described in this paragraph). Your information may, subject to Rekiv’s obligations to comply with applicable data protection legislation, be shared with the following third parties:
    a. your e-mail address with prize providers/gift card partners in relation to its RF Apps in order for Rekiv to be able to provide such prize/gift card to you;
    b. if you consent when using any RF App, we will share certain personal information with our advertising partners in connection with the placing of personalised adds. You can remove your consent to this at any time via the Menu within the applicable RF App;
    c. Amazon Web Services, which Rekiv uses to host the information collected;
    d. having taken precautions to maintain the security of such information, Rekiv may share this information with its regulator;
    e. in anonymised form, Rekiv may share the information with:
    i. any third party, in relation to the sale of some or all of Rekiv’s business, or its assets, or as part of any business restructuring or reorganisation. Rekiv will take steps with the aim of ensuring that your rights continue to be protected if your personal data is transferred in accordance with this paragraph;
    ii. data aggregators and app providers as part of an analysis of user metrics or sales performance (as per paragraph 5(b) above); or
    iii. law enforcement agencies in compliance with law enforcement.
  2. Links to third party websites and third party adverts: Rekiv is not responsible for the privacy policies and practices of other sites even if you access them using links from the Website or App. You should check the policy of each site you visit and contact its owner or operator if you have any concerns or questions. In addition, if you link to the Website or App from a third party site or via a social network (e.g. Twitter), Rekiv is not responsible for the privacy policies and practices of the owners or operators of that third party site and recommends that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
  3. Security: Rekiv has implemented technology and policies to safeguard your privacy from unauthorised access and improper use.
  4. Storage and Data Retention: We store your information in the EEA and, for the RF Apps and our Website, we retain your personal data for as long as you wish to make use of the Website and/or applicable RF App (as applicable) and for a maximum of 1 year after you stop using the applicable RF App and/or contact us via the Website. For entry into any prize promotion we will retain your personal data for the duration of the prize promotion and for up to 6 months thereafter. You can ask for your information in relation to any RF App and/or our Website to be removed at any time by e-mailing us at hello@Rekiv.co.uk or scratchday@Rekiv.co.uk.

SECTION D - Contact with Rekiv

  1. Information Rekiv collects and uses if you contact us or make complaints: When Rekiv receives complaints by email it files any relevant document and may retain details of the complainant and other individuals identified in the complaint. Rekiv will only use this information to process the complaint. Rekiv shall retain information in relation to a complaint for 6 years after its closure,
    in a secure environment and access to it will be restricted on a ‘need to know’ basis.

SECTION E – Contact and Your rights

  1. Rekiv Details: If at any time you would like to contact Rekiv you can do so by sending an e-mail to us at hello@Rekiv.co.uk or write to us at “Data Protection Query, Rekiv Limited, Rekiv, 200 Union Street, London, SE1 0LX”. This is Rekiv’s registered address and we are a company incorporated in England and Wales with company number 06290437.
  2. Your Rights: You can contact us using the details set out in the paragraph above if you wish to: (i) access a copy of the personal data that we hold about you; (ii) correct any items of personal data that we hold about you; and/or (iii) have any items of personal data that we hold about you erased or object to our processing of such items of personal data. You may also contact the ICO
    at any time.