- Website Terms and Conditions
- Website Acceptable Use Policy
The small print – terms, conditions and looking after your privacy
Hi there. What follows are words provided by our favourite lawyers. I’ll be honest I haven’t read them for a while and if things go to plan I’ll never have to read them again. They should not contradict the idea that love and politeness are at the centre of all our interactions. If they’re not, please let us know and what specifically we could change.
The long and short of it all is let’s keep the game going. You’ve taken the effort to play with what we’ve created and we’re keen for it to be of value to you.
TERMS & CONDITIONS
These Terms will apply to any contract between us for the supply of Programmes to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Programmes from our technology. Please note that by ordering any of our Programmes, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you do not accept these Terms, you will not be able to order any Programmes from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Programmes, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29th June 2020.
These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
1.1 We operate the domain site www.dsd.me. We are Do Something Different Limited also known as DSD, a company registered in England and Wales under company number 07334205, with our registered office at C/O DSM, The Station House, Station Road, Whalley, Lancashire, BB7 9RT. Our VAT number is 108 6832 08.
1.2 To contact us please email us at: email@example.com.
- OUR PROGRAMMES
2.1 In describing the Programmes and their benefits on our site, we have made every effort to be as accurate as possible, but owing to the nature of the Programmes we cannot guarantee or warrant any of the benefits.
2.2 All Programmes shown on our technology are subject to availability. We will inform you by email as soon as possible if the Programme you have ordered is not available and we will not progress your order if made.
- USE OF OUR TECHNOLOGY
- HOW WE USE YOUR PERSONAL INFORMATION
- IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer you can only purchase Programmes from our technology if you are at least 18 years old or you have permission from someone who is over 18 years old.
5.2 As a consumer, you have legal rights in relation to Programmes that are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our technology to purchase Programmes.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 For the steps you need to take to place an order on our site, please see our technology.
7.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause .
7.3 We will confirm our acceptance to you by sending you an email that confirms that the Programme(s) will be supplied and how (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.4 If we are unable to supply you with a Programme, for example, because that Programme is no longer available or because of an error in the price on our technology as referred to in clause 11.4, we will inform you of this by email and we will not process your order. If you have already paid for the Programme, we will refund you the full amount as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes in the commercial environment affecting (materially) our ability to supply our Programmes.
8.2 Every time you order Programmes from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- YOUR CONSUMER RIGHTS OF CANCELLATION AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to undergo a Programme, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between us is formed. If we have already started supplying the Programme to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you are first provided with the Programme.
9.3 To cancel a Contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org; or (b) by phone calling our Customer Services telephone line on +44 (0)1273 041914. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
9.4 You will receive a full refund of the price you paid for the Programme(s). We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3.
9.5 We refund you on the credit card or debit card used by you to pay.
9.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.7 As a consumer, you will always have legal rights in relation to Programmes that are not of a reasonable standard, provided without reasonable skill and care, or not as described. These legal rights are not affected by this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- TIME FOR PERFORMANCE
Your order will be fulfilled by the provision of the Programme(s) in the period set out in the Order Confirmation, unless there is an Event Outside Our Control, in which event, we will contact you with a revised period for the provision of the Programme(s).
- PRICE OF PROGRAMMES
11.1 The prices of the Programmes will be as quoted on our technology from time to time. We use our best efforts to ensure that the prices of Programmes are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Programme(s) you ordered, please see clause 11.4 for what happens in this event.
11.2 Prices for our Programmes may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.
11.3 The price of a Programme includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Programme(s) in full before the change in VAT takes effect.
11.4 It is always possible that, despite our reasonable efforts, some of the Programmes on our technology may be incorrectly priced. If we discover an error in the price of the Programmes you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Programme at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Programmes to you at the incorrect (lower) price.
- HOW TO PAY
12.1 You can only pay for Programmes using a payment type, debit card or credit card listed in the payment process.
12.2 Payment for the Programmes is in advance.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if you are a business customer.
13.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
13.3 Subject to clause 13.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2 and clause 13.3, our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 500% of the price of the Programme.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Programmes. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Programmes are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Programmes for domestic and private use.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
- EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of a Programme to you, we will arrange a new period for the provision with you after the Event Outside Our Control is over.
- OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our technology and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
WEBSITE TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE – WEBSITE TERMS & CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Websites under the domain names dsd.me, www.dsd.me Website(s) the smart phone and tablet app Flex (App) to any correspondence by email between us and you. Please read these terms carefully before using the Website and Apps. Using the Website and Apps indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website or Apps. This notice is issued by Do Something Different Ltd (co reg no. 07334205) of The Station House Station Road Whalley Lancashire BB7 9RT (we, us or our).
1.1 You may access many areas of the Website without registering your details with us. Certain areas of the Website may only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) our copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Some of our programmes (and other services) allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. However, when you upload or otherwise submit content to us, you give us (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our programmes or connected services), communicate, publish, publicly perform, publicly display and distribute such content. Nonetheless, the rights that you grant in this licence are for the limited purpose of operating, promoting and improving our programmes and related services, and to develop new programmes and new related services. This licence continues even if you stop using our programmes or related services.
2.5 When a programme or related service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some programmes or related services may let you adjust your automatic update settings. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by us as part of a programme or related services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the programmes or related services as provided by us in the manner permitted by this legal notice. You may not copy, modify, distribute, sell or lease any part of our programme, related services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
2.6 Any rights not expressly granted in these terms are reserved.
- SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
- LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the handwritten style “Do Something Different” logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that we endorse any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any of our trademarks displayed on the Website without express prior written permission from us;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 We expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify us for any loss or damage we suffer for breach of clause 5.2.
6.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
8.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit our liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.1 We may modify the content of this legal notice or any additional terms that apply to a programme (or other service we provide) to, for example, reflect changes to the law or changes to our programmes (or other services). We will post notice of any modifications, which will not apply retrospectively.
9.2 If there is any inconsistency between this legal notice and additional terms applicable to any programme (or other service) we provide, the additional terms will prevail to the extent of the inconsistency.
9.3 This legal notice governs the relationship between us and you. It does not create any third party beneficiary rights.
9.4 If you do not comply with this legal notice and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
9.5 If it turns out that a particular term in this legal notice is not enforceable, this will not affect any other terms of it.
9.6 If you are the first consumer to do so, you are eligible to claim one free lifetime membership of Flex. To be clear, only one free lifetime membership is available and this will be given to the first person making the claim.
- GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
WEBSITE ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our websites dsd.me (our site(s) and our smart phone and tablet app Flex (App). This acceptable use policy applies to all users of, and visitors to, our technology.
Your use of our technology means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
dsd.me is a site operated by Do Something Different Ltd (we or us). We are registered in England and Wales under company number 07334205 and we have our registered office at The Station House, Station Road, Whalley, Lancashire, BB7 9RT. Our VAT number is 108 6832 08.
You may use our technology only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our technology in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our technology is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our technology (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
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.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the content displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Cookies may also be distinguished as follows:
- Session cookies. Cookies that expire at the end of a browser session, that is when the user exits the browser. They allow website operators to link the actions of users during a single browser session to allow them to use the website most efficiently. For instance, session cookies enable a website to remember that a user has placed items in an online shopping basket. As these cookies are not usually stored beyond the browser session, they are usually considered less privacy intrusive.
- Persistent cookies. These are stored on the user’s equipment between browsing sessions. They therefore enable the website operator to “recognise” the user on his or her return, to remember the user’s preferences and to tailor services to them. They may also be used to track the user’s browsing activity across different websites and to build up a detailed profile of the user’s browsing behaviour for targeting advertising, but we do not use any cookies (persistent or otherwise) for this purpose.
- First-party cookies. Cookies planted by the website operator. This involves assigning a unique identity to the user by setting the cookie to either the user’s browser and/or the user’s hard drive with a view to tracking the user’s journey on the website. First-party cookies are commonly used by website operators for session management, personalisation and recognition purposes, where the information transmitted by the cookie is later combined with the personal information the user has supplied in the course of a sale or other contact. We will not sell to third parties for the purpose of marketing, any information we gather about you from our first-party cookies.
- Third-party cookies. Cookies planted by parties other than the website operator. In practice, many website operators will reserve visual space on their website in return for a fee paid by an advertising network provider. We will not allow any third party cookies to be planted through our website. We will only use third party cookies where they are strictly necessary cookies, analytical/performance cookies, or functionality cookies.
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.
All cookies will expire no later than two months after your last use of our site.
DO SOMETHING DIFFERENT LTD (We) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act) and the General Data Protection Regulation ((EU) 2016/679), the data controller is DO SOMETHING DIFFERENT LIMITED of The Station House, Station Road, Whalley, Lancashire, BB7 9RT.
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:
- 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;
- 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;
- to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data (the order/registration/subscription form) 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 order registration subscription form);
- to notify you about changes to our service;
- to ensure that content from our technology is presented in the most effective manner for you and for your technology.
- Information we collect about you. We will use this information:
- to administer our technology and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our services to customers, chiefly by analysing anonymised data about the effectiveness of our programmes;
- to improve our technology to ensure that content is presented in the most effective manner for you and for your devices;
- to allow you to participate in interactive features of our service when you choose to do so;
- as part of our efforts to keep our technology safe and secure;
- to measure or understand the effectiveness of content we serve to you and others, and to deliver relevant content to you;
- to make suggestions and recommendations to you and other users of our technology about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Data will be reviewed periodically and deleted where there is no compelling reason for its continued processing.
Disclosure of your information
We may share your personal information with 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.
We will not share any data which could identify you with a third party, except where your programme has been made available to you by a third party such as an employer, healthcare provider or partner organisation you are working with. Then we may share your name and email address with them. This is so they can audit the number of people who have taken up a programme.
We may share your data, but only in an anonymised form, with selected third parties including:
- Clients, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
When sharing anonymised data with third parties we frequently break this down by dataset e.g. geography, age, stress levels. This kind of anonymised data is often shared so that a third party knows if a Do Something Different Programme is having a positive impact on the group of people they have sponsored.
If we provide anonymised data to a third party that has also been supplied with identifying data (ie your name and email address for auditing purposes) the two types of data will not be linked and to make sure individuals cannot be identified, we will only provide information when there are at least 10 people in any dataset. All the third party will know is that e.g. across ten people, weight has decreased by X, or stress levels have decreased by Y – they will not see any examples linked to identifying data.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, if this is reasonably necessary for such sale or purchase.
- If DO SOMETHING DIFFERENT 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.
If you have accepted the services of a Coach by checking certain boxes during the signup process, we will share information with your Coach that will help them understand the extent to which you are engaging with our Programmes. This will not include any Journal Entries you have marked as ‘Private’.
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 email@example.com
You have the right to have your information removed from our systems. You can exercise this right at any time by contacting us at firstname.lastname@example.org
Our technology may, from time to time, contain links to and from the technology of our partner networks, advertisers and affiliates. If you follow a link to any technology, please note that these technologies 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 technologies.
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. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Last updated: 10 March 2021
If you have any questions about this policy or how we manage your privacy please email us at email@example.com.
To get started with Flex you need an email address to set up an account and we ask you for your name. If you want to you can add a picture to your profile. We’ll also ask you about opting in or out to coaching emails (from Frank the Coach), in app notifications (to help keep you on track) and our incredibly helpful Flex newsletter.
While you’re using Flex you’ll be keeping a track of things you’ve done differently and how that’s affected your mood.
All of that information is pretty personal, we know. But please be assured – in non lawyer speak – we are only collecting information that we absolutely need to give you a good experience. We’re doing everything we can to keep that information safe. We don’t pass it on to third parties unless we absolutely have to (e.g. they need it to make the app work properly – and we will tell you more about that below) and then we make sure they keep it safe too.
If you are wondering about app permissions, we have a breakdown on this page that goes over what we need and why we need it.
Our mission is to help everyone take small steps to a life done better. We can’t guarantee that Flex will work for you, but we know that the only way to feel different in life is to stop thinking about it and start doing something different. So that’s what Flex is here to help with.
If you need help or have questions, please email us at firstname.lastname@example.org.
A few technical bits first
When you read the words “Services”, “we”, “us” or “our” in this policy, we’re talking about the Flex app and websites (Services) and the team at Do Something Different provide. When you read the words “User”, “you” or “other users” we’re talking about you and the other people who use them.
When we talk about “the Application” or “the app” or “the service” or “the product” – we are talking about Flex, the thing you have downloaded and are using on your device.
By “personal information” we mean personal data as defined in UK data protection law. In general, it means any information relating to you, which identifies you or allows you to be identified. That may be your first and last name, a personal profile, a photo of you, an email address or other contact information. Or it might be factors specific to you (e.g. physical, physiology, thoughts, feelings, genetic, mental, economic, cultural or social factors).
By “sensitive” personal information we mean what’s technically known as “special categories” that is personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying an individual, data concerning health or data concerning an individual’s sex life or sexual orientation. FYI – we aren’t asking you to provide us with all of these types of information as a condition of using the app! But you may talk about these things when you keep a journal in the app.
Our approach to privacy
The Do Something Different team is committed to protecting your privacy and the data you provide in the Flex app as appropriate. We’ve built Flex with this in mind. At the same time, we do encourage you to interact with and share information about your progress with other users using Flex.
We will only use your personal information in accordance with the EU General Data Protection Regulation (GDPR), the Data Protection Act 2018 and, where applicable, other laws such as the Health and Social Care Act 2012 and the Health and Social Care (Quality & Safety) Act 2015.
User Provided Information – information you give us
The Flex App obtains the information you provide when you download and register the Application.
When you register with us and use the Application, you generally provide:
(a) your email address and password; optionally you may provide your first name, and picture to further personalise the Application;
(b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us;
(c) information you provide us when you contact us for help;
(d) payment card information for purchase and use of the Application,
(e) information you enter into our system when using the Application, such as recording what actions (Steps) you’ve taken, what results this has had for you (e.g. via Journal entries), and keeping track of your wellbeing and mood in the Wellbeing tool.
Flex does not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the app. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to,
- the type of mobile device you use
- your mobile devices unique device ID
- the IP address of your mobile device
- your mobile operating system
- information about the way you use the app.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the app, the events that occur within the app, aggregated usage and performance data, and where you downloaded the app from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.
How do we use this information?
We may use the information you provided us to contact you from time to time to provide you with important information, required notices and promotions. But only if you have given us the relevant permission to do so via the relevant settings on email contact and notifications. (You’ll have seen requests about this when you started using the app and also in your Settings tool.)
We use information held about you in the following ways:
- To provide you with the Flex app.
- To answer your questions or requests for information or handle your complaints.
- To ensure that content provided by the Flex app is presented in the most effective manner for you and for your device.
- To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
- To carry out our obligations arising from any agreements entered into between you and us.
- To allow you to participate in interactive features of the Flex app, when you choose to do so.
- To notify you about updates or changes to Flex app features and content.
- To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).
- To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- To manage your payments and orders.
Electronic communications and newsletter
If you sign up to receive information from us via email and/or notifications we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at email@example.com, we will remove you from our mailing list. You can also do this via the settings in the app.
If you no longer wish to receive push notifications, you may turn them off in your notification settings in the app at the device level.
Does the Application collect precise real time location information of the device?
This Application does not collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Application?
Only aggregated, anonymised data is periodically transmitted to Get the Data to help us improve the app and our service. We will share your information only in the ways that are described in this privacy statement.
Other reasons we may share data
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
What happens to your data if we sell Flex or Do Something Different to another company?
We aren’t planning to sell Flex or Do Something Different.
If Flex / Do Something Different is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information. We’ll give you plenty of time to remove and delete your data permanently beforehand. But like we said, we’re not planning to sell.
What are my opt-out rights?
You can stop all collection of information by Flex easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
You can opt in and out of receiving email and in app notifications in the Settings of the Application.
Data Retention Policy, Managing Your Information
You can access a full record of the data we hold about you at any time by emailing firstname.lastname@example.org.
We will retain your data for as long as you use the Application and for a reasonable time thereafter.
We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate.
If you’d like us to delete data that you have provided via the Application, please contact us at email@example.com. and we will respond in a reasonable time.
Please note that some or all of the date you share with us may be required in order for the Application to function properly.
Use of the content you create in the Flex app
When you use Flex you will begin to create your own content – we call this “User Content”. This is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, journal or wellbeing information contributed to the app database), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own.
Flex may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to User.
Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Be aware that public postings (including group messaging with other Users) are not confidential. Please note that the Flex does not control who will have access to the information that User chooses to make public, and cannot ensure that parties who have access to such publicly available information will respect User’s privacy or keep it secure. Flexm is not responsible for the privacy or security of any information that User makes publicly available on the Service, the Mobile App or Website or what others do with information User shares with them on the Mobile App. Flex is not responsible for the accuracy, use or misuse of any User Content that User discloses or receives from third parties through the Service.
Information about you on your profile page
We use your profile information primarily to be presented back to and edited by you when using the app, and to be presented to others permitted to view that information on the app by you. We offer you the ability to manage your public profile and use profile preference settings, the functionality and features of which are subject to change from time to time, so visit it frequently to confirm the settings reflect your current preferences.
We recommend that you do not post information or content as part of your profile that you are not prepared to make public. Changing setting options may not result in immediate changes to the settings, which are subject to Flex’s operations and maintenance schedules. You should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public your information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of your profile.
Can children use the Flex app?
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
Keeping your data secure in the Flex app
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Where do we store your app data?
All data you provide to us through the Flex app is stored on our secure Microsoft Azuer servers located in UK South. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.
Unfortunately, the transmission of data 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 the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Changes to this policy
Your right to lodge a complaint before the Data Protection Authority
You have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Information relating to you infringes applicable data protection laws.