Terms and conditions and privacy notice – ZONA mailing list draw
- General information, period of participation
- These terms and conditions of participation and privacy notice regulate the terms and conditions of participation for the competition of ZONA (3 Hutton Close, South Church Enterprise Park, Bishop Auckland, County Durham DL14 6XG) (in the following "ZONA") on the ZONA website page mailing list sign up in the period between 0.00 GMT (12.00am) on 8th February 2017 and 23.59 (11.59pm) GMT on 26th May 2017 ("Promotion Period").
- Entrants may only participate in this competition upon reading and agreeing to the following terms and conditions. In taking part in this competition, the participants accept these terms and conditions of participation.
- In case of a dispute, ZONA's decision shall be final.
- Requirements for participation
- Eligible for participation - acting in their own name - are all persons aged 18 years and above who are legal residents of the UK and Ireland.
- Minors, employees of Gardiner Richardson, as well as employees of ZONA and its associated companies and their relatives are excluded from participation. Participation in the competition by competition clubs or agencies is not allowed.
- Participation requires the entrant to sign up to the ZONA mailing list using the link on the ZONA website.
- Each participant may participate in the competition only once by making one mailing list sign up but will be included in each recurring draw if unsuccessful within the period of time stated in clause 1.
- Once entered into the draw by a mailing list sign up, each participant is eligible for automatic entry into remaining draws within the period of time stated in clause 1.
- Participation is possible only within the period of time stated in clause 1.
- No purchase is necessary for participation.
- The winner(s) will be drawn at random from all competition entries. The prize details are explained in the post on the ZONA website.
- Each participant may receive only one prize during the Promotion Period.
- The winner(s) will be informed within three (3) days of the end of the Promotion Period by email.
- The winner must respond within five (5) working days by replying to ZONA’s email and stating his or her full name, address and date of birth and helmet size for prize. ZONA is not obligated to research correct addresses if the information provided is erroneous.
- The prize will be sent by mail (unless otherwise stated) within four (4) weeks to the postal address provided at ZONA's expense.
- If a winner cannot be contacted, or fails to respond by the above mentioned deadline, or a prize is returned as undeliverable, the winner forfeits the prize. ZONA will award the applicable prize to an alternate winner. If the alternate winner cannot be contacted, or fails to respond by the above mentioned deadline, or a prize is returned as undeliverable then the prize will remain un-awarded.
- Alternative cash payment, exchange or transfer of the prizes to third parties is not possible.
- Execution of the competition
- ZONA assumes no liability for damages resulting from impaired availability of the ZONA website and mailing list. ZONA also assumes no liability for any and all transmission errors. Furthermore, ZONA does not assume any guarantee that ZONA website and mailing list is capable of functioning properly on the respective participant(s) computer(s).
- ZONA reserves the right to cancel or end the competition at any time without prior notice and with or without cause for any reason. ZONA may make use of this option in particular if it is not possible to ensure the proper execution of the competition for technical (e.g. computer system viruses, hardware and / or software manipulation or errors) or legal reasons.
- ZONA also reserves the right to exclude from the competition participants who violate these terms and conditions, state untrue data or attempt to influence the competition through technical manipulation.
- In the event of exclusion from the competition, prizes may be retroactively revokes and reclaimed.
- Privacy notice
- ZONA ensures compliance with the relevant legal regulations regarding privacy.
- In the event of winning the winner's complete name, postal address and date of birth ("Personal Data") and helmet size is necessary for delivery of the prize. ZONA collects, processes and uses Personal Data solely for the purpose of executing the competition. The participant hereby expressly issues his or her consent.
- Participant agrees, should he / she win, to the publication of his / her surname and forename on the ZONA website and/or social media.
- Participant agrees that ZONA is entitled to pass Personal Data to an external agency which is taking care of the execution of the competition and to third parties to the extent that this is necessary for carrying out the competition or transferring the prize.
- Participant agrees that the collection, processing and usage of the Personal Data is done by ZONA's external agency, Gardiner Richardson.
- Participant may object to the usage and / or storage of his / her Personal Data at any time either in writing or by email by contacting:
3 Hutton Close,
South Church Enterprise Park,
Withdrawal of consent will result in the participant's exclusion from the competition.
- 6. Miscellaneous
- UK law solely applies in the event of any conflict.
- Each winner is responsible for any taxes payable due to the competition as required by local law and indemnifies ZONA in full against any third party claims.
- Questions, suggestions or complaints may solely be addressed to ZONA.
- Should any provisions of these terms and conditions be null and void, or should there be any gaps and omission, the remaining provisions will remain unaffected. Any null and void or lacking provisions will be replaced by provisions that come closest to the purpose of the contract and the legal requirements.
1. HOW THESE TERMS AND CONDITIONS APPLY
1.1 The Terms explain how Our Website must be used. They apply to ALL users of the Website. We may amend the Terms from time to time and You are advised to check them regularly for any changes which We make.
1.2 By using Our Website, You confirm that You accept these Terms and that You agree to comply with them. If you do not agree to these Terms, You must not use Our Website.
1.3 If you purchase Goods from Our Website, our standard terms and conditions of sale will apply to the sales and are set out on our Website.
2. ABOUT THIS WEBSITE
2.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
2.2 This Website is operated by Jam Technology Ltd, a company registered in England and Wales with Company Number 07444075 Our registered office is 3 Hutton Close, South Church Enterprise Park, Bishop Auckland, DL14 6XG, United Kingdom and our VAT registration number is 103 1749 50. To contact us, please email us at email@example.com.
2.3 Our Website is made available free of charge.
2.4 We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2.5 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3. OUR RIGHTS IN THE WEBSITE
3.1 The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. All Rights Reserved. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
3.2 You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
4. WEBSITE CONTENT
4.1 We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so.
4.2 You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is intended as general advice. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
4.3 We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
4.4 We may provide links to other websites. If We do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
4.5 We do not guarantee that this Website will always be available or be free from error, virus or similar.
4.6 We are under a legal duty to supply Goods that are in conformity with the Contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
5. HOW YOU MUST USE THIS WEBSITE
5.1 Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
5.2 All information which You submit should be accurate, truthful and should not be copied.
5.3 You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
5.4 You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack Our Website via a denial-of-service attack or a distributed 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 Website will cease immediately.
5.5 We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website. You are responsible for configuring Your information technology, computer programs and platform to access Our Website. You should use Your own virus protection software.
5.6 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.
5.7 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.
5.8 If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone. If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org.
5.9 We may refuse access to this Website to anyone who does not comply with these Terms.
6. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
7.1 A cookie is a small file of letters and numbers that We store on Your browser or the hard drive of Your computer if You agree. Cookies contain information that is transferred to Your computer's hard drive.
7.3 You can find more information about the individual cookies We use and the purposes for which We use them in the table below:
Cookie Purpose More Information
[E.g. Google Analytics] This cookie enables Us to: [Description of the purpose for which a cookie is used] [If appropriate, insert link to external information on the cookie]
7.5 You block cookies by activating the setting on Your browser that allows You to refuse the setting of all or some cookies. However, if You use Your browser settings to block all cookies (including essential cookies) You may not be able to access all or parts of Our site.
8.1 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
8.2 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website.
8.3 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
8.4 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
8.4.1 on the day on which it is left if You deliver the notice by hand; or
8.4.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
8.4.3 on the day on which it is sent correctly if by email,
and in each case it should be sent to the address set out at clause 2.2
Privacy statement - what we do with your information
Jam Technology Limited ("we") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Jam Technology Limited of 3 Hutton Close, South Church Enterprise Park, Bishop Auckland, County Durham, DL14 6XG.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
Information you give us. This is information about you that you give us by filling in forms on our site www.zona-store.com (“our site”), subscribing to our newsletter or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service or newsletter, search for a product, place an order on our site and when you report a problem with our site. The information you give us may include your name, postcode, e-mail address and payment information.
Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
(a) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser plug-in types and versions and operating system and platform; and
(b) information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for and length of visits to certain pages.
Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. From time to time we may work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us. We will use this information:
(a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(b) to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
(c) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you, information about our online store and other relevant updates, but only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form when you create an account with us or the form when you place an order with us) or contact us at email@example.com;
(d) to notify you about changes to our service;
(e) to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
(a) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(b) to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
(c) to allow you to participate in interactive features of our service, when you choose to do so;
(d) as part of our efforts to keep our site safe and secure;
(e) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(f) to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
(a) Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
(b) Selected third parties including:
(i) business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
(ii) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1); and
(iii) analytics and search engine providers that assist us in the improvement and optimisation of our site.
We will disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
(b) If Jam Technology Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of website use, or terms and conditions of supply and other agreements; or
(d) to protect the rights, property, or safety of Jam Technology Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is currently stored on Mailchimp’s secure servers through data storage, databases and the general Mailchimp application. Your information is stored on a secure server behind a firewall. Any payment transactions will be encrypted by World Pay. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and follow industry best practices to minimise the risk of it being inappropriately lost, misused, accessed, disclosed, altered or destroyed.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. An access request may be subject to an administration fee to meet our costs in providing you with details of the information we hold about you. We shall confirm this fee with you at the time.