Terms & Conditions
Welcome to our website at media-247.com ("Website"). media-247.com ("we" or
"us") makes available certain interactive online entertainment services
for users ("you") including online, mobile and fixed line telephone, text message services and webcam services
("Services"). The Services themselves are provided by independent third
parties and are strictly for entertainment purposes.
You must
read and agree to the Website's terms and conditions before you may access the
Website or our Services.
1. Introduction
1.1 By using our Website and/or Services you accept these terms and conditions
and enter into a legally binding agreement with us.
1.2 We reserve the
right to vary the terms and conditions at any time and post any updated terms
and conditions on the Website. Any amendments to the terms and conditions
shall take effect from the date of publication on the Website.
1.3 You
are responsible for regularly reviewing and shall be bound by the terms and
conditions that are published on the Website from time to time. If you do not
agree with the terms and conditions at any time then you should cease to use
the Website and Services.
2. Users
2.1. You are at least eighteen years old or twenty-one if twenty-one is the
age of majority in the location where you access the Website and/or Services.
Persons under the age of majority, pretending to be over the age of majority
or knowingly soliciting persons under the age of majority shall be immediately
prevented from further use of the Website and/or Services and where applicable
their Membership shall be terminated.
2.2 You reside in a territory where
the laws do not deem the Website and/or Services to be illegal.
2.3 You
acknowledge and accept that the Website and/or Services may contain sexually
explicit material and you confirm that are not offended by the content of the
Website and/or Services including any visual, audio or text content. We are
not liable to remove content that causes you offence although we shall do so
if, in our reasonable opinion, we believe any such content is illegal, is
likely to be illegal or is against our policies.
2.4 You have not been
convicted of any offence relating to violence and/or any offence under the
Protection from Harassment Act 1997 or Sexual Offences Act 2003 (or under any
statutory enactment replacing and/or amending these Acts) and you have not
been subject to any injunction or any order to pay damages under the
Protection from Harassment Act 1997 (or under any statutory enactment
replacing and/or amending such Act).
2.5 You shall not allow minors to
view or access the Website or access the Services.
3. Your Obligations
3.1 You shall use the Website and Services in a manner consistent with any
applicable laws and regulations and shall perform your obligations set out in
the terms and conditions.
3.2 In particular you shall NOT:
3.2.1 use
the Website or Services for illegal purposes or infringe any third party's
rights, including but not limited to privacy rights and/or intellectual
property rights. You acknowledge the chat host's right to privacy and shall
not infringe this right;
3.2.2 behave in a way that is offensive, racist,
abusive, obscene, threatening or libellous in your use of the Website or the
Services;
3.2.3 use the Website or Services for commercial or business
purposes (other than as specifically permitted herein);
3.2.4 attempt to
gain unauthorised access to any information available on the Website or
Services or to any of the networks used in providing the Website or
Services;
3.2.5 misuse the Website or Services in any other way.
3.3
You shall not use the Website or Services to engage in, promote or refer to
any the following:
3.3.1 paedophilia or any references to sexual acts
with minors, including adults role-playing as minors;
3.3.2 any sexual
activity which involves or implies lack of consent from the participants, such
as rape or physical restraint (whether real or simulated);
3.3.3 violent,
degrading or humiliating sex including the following:
• the infliction of
pain or physical harm, including sadism and masochism, strangling, burning,
causing bruising or injury, or other type of torture (whether real or
simulated). Some allowance may be made for mild consensual activity, which
does not cause lasting physical harm (such as light spanking);
•
visibility of blood, urine or faeces;
• cutting the body or penetration
of the body by any object likely to cause actual harm or associated with
violence (such as without limitation needles, knives, pins and heavy-duty
tools);
3.3.4 bestiality;
3.3.5 prostitution and pimping;
3.3.6
drug use (whether real or simulated).
3.4 Any use by you of personal
numbers will be made in accordance with the terms and conditions for personal
numbers, a link to which will be contained on the page of the Website where
you obtain your personal number or as is otherwise notified to you.
3.5
In the event that you breach any of the provisions above then we shall be
entitled to take action against you including immediately preventing your
access to the Website and/or Services or terminating your Membership or use of
the Website and/or Services. Where we consider this appropriate and/or as may
be required by law we shall take legal action against you including reporting
you to any relevant law enforcement authorities.
4. Our Rights
4.1 We have the right to:
4.1.1 monitor, record and at our sole
discretion, remove for any reason whatsoever any information or content and
any other materials submitted by you ('Content'), particularly if we consider
that the Content in any way breaches these terms and conditions or is
otherwise against our policies or is in violation of the law;
4.1.2
prevent your access to the Website and Services and/or terminate your
Membership or use of the Website and Services with immediate effect in
accordance with the termination provisions below;
4.1.3 make changes to
the Website and/or Services in our sole discretion or as required from time to
time by law or applicable safety requirements;
4.1.4 to the extent
permitted by law, copy, edit or reproduce any information submitted or
transmitted by you on the Website and Services in any form.
5. Fees
5.1 Fees are payable by you for using the Services and these shall be notified
to you prior to you incurring them. All fees include VAT unless expressly
stated otherwise.
5.2 We have the right in our sole discretion and at any
time to make any changes to our fees, payments, payment processing and
collection methods, including but not limited to changes to our third party
payment processors and currencies in which payment may be made.
5.4 If
you have successfully registered as a member ("Member") on the Website then
you may make a credit or (in certain territories) a debit card payment to
purchase Reward points ("credits".) Please note that any credits purchased
under the credits scheme shall be governed by these terms and conditions.
5.5
Please be aware that your credit or debit card issuer agreement governs your
use of your designated credit or debit card in connection with any such
payment. You must refer to that agreement and not these terms and conditions
regarding your rights and liabilities as a credit or debit card holder.
5.6
Credit and debit card charges are processed via one of our third party
processors, who will process the payment accurately and securely. In the event
that you choose to make payment via the Website then you shall be transferred
to the relevant third party processor's website where the relevant payment
shall be processed.
5.7 If you are a Member, you may view a summary on
the Website of your use of the Services along with your current payment
balance.
5.8 You shall pay any sums due to us by the means of the payment
specified on the Website and without any set-off, deduction, counter-claim or
any other withholding of monies.
5.9 In relation to credit and debit card
payments, the payment shall not be deemed to be made by you until we have
received cleared funds in respect of the full amount owing.
5.10 Except
as otherwise stated in these terms and conditions, we do not provide refunds
unless we consider in our sole discretion that extraordinary circumstances
apply although we may in our sole discretion grant credits in lieu of a
refund. If you believe that you have a legitimate right to any refund then you
must contact us in writing at info(at)media-247.com giving a full explanation
of your request. In the event that we issue a refund then this shall be made
by crediting the credit or debit card that was used by you to make the
purchase. No refunds shall be made by cash or cheque.
5.11 Where you
elect at the time of sign-up to the Website to make periodic subscription
payments in relation to the Services, you are responsible for any such
payments in accordance with these terms and conditions.
5.12 If you elect
to make a payment on a subscription basis where the payment automatically
renews at the end of the original term ("Automated Recurring Payment"), then
you shall be charged the agreed sum on the due date for renewal. However you
shall not be charged this sum in relation to an Automated Recurring Payment in
the event that we receive a notice from you (sent to: info(at)media-247.com )
stating that you do not wish to renew your subscription no fewer than seven
(7) days before the due date for renewal. This shall not apply to any trial
offer unless we state that you will be automatically charged on the day
following the date on which the trial offer expires.
5.13 In the event of
a charge back occurring from your credit card and being charged back to us,
your Membership will be terminated immediately and all of your credits will be
forfeited. In addition we may take appropriate legal action to recover any
sums due including but not limited to referring any charge-backs to third
party debt collection agencies.
5.14 A Member who has not yet used the
Services, acts in accordance with these terms and conditions and makes a
payment to us, shall have the right to cancel and be refunded the payment
within seven days from the date in which the payment is made by sending a
notice to us at info(at)media-247.com.
5.15 For any payment and billing
enquiries please contact our Customer Support team at info(at)media-247.com.
6. Membership and Credits
6.1 You may apply to register on the Website as a Member by providing a valid
email address and other relevant details and you shall update us of any
changes to these details. We shall be entitled at our sole discretion to
reject any applications for Membership.
6.2 You shall not assign,
transfer, part with and/or authorise any other person to use your user name
and password ("User Details") and shall safeguard your User Details. You are
solely responsible for any loss or damages caused by the use of your User
Details, including any use not approved or contemplated by you.
6.3
Registering as a Member entitles you to certain membership ("Membership")
benefits including in relation to the credits scheme that we may in our sole
discretion operate from time to time ("credits Scheme".)
6.4 The credits
Scheme is only open to Members in accordance with these terms and conditions.
Under the credits Scheme, Members may have credits credited to their account
in one of the two following ways:
6.4.1 by purchasing credits through
making payment for these via the Website. In this case any credits purchased
by a Member that have not been redeemed shall expire ninety (90) days from the
date on which they were purchased; or
6.4.2 by being awarded credits
through loyally using the Services in accordance with these terms and
conditions. In this case any credits that have been not been redeemed by a
Member also shall expire ninety (90) days from the date on which they were
awarded. In this case these credits have no cash value until they are
redeemed.
6.5 A Member's entitlement to redeem credits shall terminate or
be suspended if:
6.5.1 the Member's account is terminated or suspended by
us pursuant to these terms and conditions, or if the Member's account closes,
terminates or expires for any other reason, or if:
6.5.2 we suspend or
terminate the Rewards Point Scheme. In this case we shall give to Members as
much prior notice as is reasonably possible and Members' accounts will be
accordingly suspended or terminated.
6.6 If we suspend or terminate the
Rewards Point Scheme and a Member has paid for credits, then we shall refund
in full any pro-rata sum equivalent to the credits paid for by the Member as
at the date of such suspension or termination and such calculation and payment
shall be reasonably made in our sole discretion.
6.7 If we suspend or
terminate the Rewards Point Scheme and a Member has not paid for credits but
has been awarded these for loyally using the Services, then we shall not be
obliged to make any payments to the Member.
6.8 We may close a Members'
account where no points have been paid for, awarded to or redeemed by the
Member for a continuous period of ninety (90) days.
7. Termination
7.1 We shall be entitled to terminate your access to the Website and/or
Services and/or terminate your Membership with immediate effect in the event
that:
7.1.1 you breach any of these terms and conditions; or
7.1.2
we cease trading or for any reason cease to operate the Website and/or
Services; or
7.1.3 you do not use the Website and/or Services for a
period exceeding ninety days.
7.2 If we terminate your Membership we will
notify you in writing to the e-mail address you have supplied to us.
7.3
You may terminate your Membership at any time via the Website. If you would
like to discuss this first then please contact us at info(at)media-247.com.
7.4
All monies paid by you to us are non-refundable and cancellation and/or
termination of Membership or your agreement with us at any time for any reason
will not entitle you to a refund of monies paid, except as otherwise stated in
the terms and conditions.
8. Intellectual Property Rights
8.1 Any and all Intellectual Property Rights in the Website and Services shall
be owned by us or our associates or licensees (as applicable). Intellectual
Property Rights means patents, trade marks, service marks, registered designs,
design rights, confidential information, applications for any of the
foregoing, copyright (including copyright in software), database rights,
know-how, unregistered designs, trade or business names and other similar
rights or obligations anywhere in the world, whether registered or not and
whether capable of registration or not.
8.2 Any trademarks including
logos, names and images displayed on the Website are our registered or
unregistered trademarks or those of our licensors as applicable. Except where
expressly stated to the contrary, nothing on our Website confers any licence
or right to use any trademarks displayed on our Website without our prior
written approval.
8.3 By submitting any content to us you hereby grant to
us a perpetual, royalty-free, non-exclusive, sub-licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, play, make available to the public, and exercise
all copyright and publicity rights with respect to your content worldwide
and/or to incorporate your content in other works in any media now known or
later developed for the full term of any rights that may exist in your
content. If you do not want to grant to us these rights then you should not
submit your content to us.
9. Disclaimers
9.1 The Website and Services are provided to you on an 'As Is' basis" without
any representations or any kind of warranty made by us (whether express or
implied by law) to the extent permitted by law, including but not limited to
the implied warranties of satisfactory quality, fitness for a particular
purpose and compatibility. In particular, we do not guarantee that the Website
and/or Services, or any element of the Website and/or Services, shall meet
your requirements, purpose or expectations.
9.2 We do not warrant that
any of the information, content or material supplied by you is accurate or
current and we are not under any obligation to verify such information.
9.3
You acknowledge and accept that images, photographs and/or pictures of the
chat hosts may be representations of their character rather than being actual
images, photographs and/or pictures of the chat host.
9.4 We do not
provide any warranties in respect of the results, availability, and
uninterrupted use of the Website and/or Services or that they are free of
viruses or defects.
9.5 We may on occasions need to perform network
maintenance or upgrades. If we need to bring down the Website and/or Services
to do so then we shall endeavour to provide reasonable advance notice to you.
However, please be aware that we may do so at any time in our sole discretion
and with no notice in order to preserve the integrity of our networks and we
shall not be liable to pay any compensation to you if we do so.
10. Limitations on Liability and Indemnity
10.1 We shall have no liability to you for any and all damages, claims,
awards, costs and expenses in relation to the following:
10.1.1 loss of
data; loss of revenue or anticipated profits; loss of business; loss of
opportunity; loss of goodwill or injury to reputation; losses suffered by
third parties; or any indirect, consequential, special or exemplary damages
arising from the use of Website and/or Services regardless of the form of
action;
10.1.2 any content, information and/or other material contained
on the Website and/or in the Services made available to you (including but not
limited to that provided by a chat host) or arising from any unauthorised use
of Content, information and/or other material submitted or received by you on
the Website and/or Services;
10.1.3 any links to other third party
websites ("Linked Sites") that the Website may contain. We are not responsible
for the contents of any Linked Site and the products and/or services offered
on third party websites. The inclusion of any link does not imply endorsement
or approval by us of the Linked Site or any association with its operators.
10.2
In any event, our total liability to you under and/or arising in relation to
these terms and conditions shall not exceed three times the amount paid by you
in relation to the Website and/or Services within the preceding year (if any)
or the sum of £150 whichever is the higher. You shall produce to us written
evidence of any claims for which it is alleged that we are liable together
with written details of how any loss was caused by us and the steps you have
taken to mitigate the loss (if any) before we consider your claim.
10.3
Nothing in these terms and conditions shall exclude or limit:
10.3.1 Our
liability for death or personal injury due to our negligence or any liability
which we are not permitted to exclude or limit as a matter of law; or
10.3.2
any of your statutory rights which may not be excluded or limited due to you
acting as a consumer.
10.4 You shall indemnify us against any and all
losses, damages, awards, costs (including legal costs) and expenses suffered
by us and arising from or relating to your use of the Website and/or Services,
or arising from or due to any breach of these terms and conditions by you.
11. General
11.1 You agree that no joint venture, partnership, employment or agency
relationship exists between you and us as a result of this agreement or your
use of the Website and/or Services.
11.2 We may assign or transfer our
rights and obligations under these terms and conditions to a third party at
any time.
11.3 These terms and conditions contain the entire agreement
between you and us with respect to the subject matter hereto and supersedes
all previous agreements and understandings between us.
11.4 If any
provision of the terms and conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other
provisions of the terms and conditions and the remainder of the affected
provision shall be unaffected and shall remain in full force and effect.
11.5
No waiver by us of any breach of the terms and conditions shall be considered
as a waiver of any subsequent breach of the same provision or any other
provision.
11.6 Any delay or failure by you or us to perform any
obligation under these terms and conditions shall not constitute a breach of
these terms and conditions to the extent that it is caused by an act, event,
omission or accident beyond the reasonable control of that party.
11.7
Headings in these terms and conditions are for ease of reference only and
shall not affect their interpretation.
11.8 All third party rights are
excluded and no third parties shall have any right to enforce the terms and
conditions. This shall not apply to our associated companies who shall have
the right to enforce the terms and conditions as if they were us.
11.9
The terms and conditions are governed by and interpreted in accordance with
the laws of England and Wales and the parties hereby agree to submit to the
exclusive jurisdiction of the English courts.
12. No reliance on information
The content on our site is provided for general information and entertainment
purposes only. It is not intended to amount to advice on which you should
rely. Elements of the services we provide are of a fantasy nature only and do
not reflect reality. You must obtain professional or specialist advice before
taking, or refraining from, any action on the basis of the content on our
site.
Although we make reasonable efforts to update the information on
our site, we make no representations, warranties or guarantees, whether
express or implied, that the content on our site is accurate, complete or up
to date.
13. Premium rate services
These are services which are charged to your phone when either texting, or
requesting services from a service provider (such as pictures or videos).
Calls to Premium Rate Numbers can cost up to £3.60 per minute plus your phone
company’s access charge. You must have permission from the bill payer to call
and be 18+. Calls are recorded. If the live agent is busy you may be able to
listen to her conversation until she becomes free. Your conversation will also
be available to other callers to listen to.
You may receive marketing messages by SMS and e-mail. You can stop receiving
marketing communications by email info(at)media-247.com.
Due to the nature of our services it may be necessary to communicate with you
from time to time via SMS or E-mail.
14. Changes to these terms
We may revise these terms of use at any time by amending this page. Please
check this page from time to time to take notice of any changes we made, as
they are binding on you.
15. Changes to our site
We may update our site from time to time, and may change the content at any
time. However, please note that any of the content on our site may be out of
date at any given time, and we are under no obligation to update it. We do not
guarantee that our site, or any content on it, will be free from errors or
omissions.
16. Viruses
We do not guarantee that our site 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 site. You should use your own
virus protection software. You must not misuse our site by knowingly
introducing viruses, trojans, worms, logic bombs or other material which is
malicious or technologically harmful. 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
site via a denial-of-service attack or a distributed denial-of service attack.
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 site will cease
immediately.
17. Linking to our site
You may link to our home page, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it. You must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. You must not establish a link to
our site in any website that is not owned by you. Our site must not be framed
on any other site, nor may you create a link to any part of our site other
than the home page. We reserve the right to withdraw linking permission
without notice. The website in which you are linking must comply in all
respects with the content standards set out in our Acceptable Use Policy.
18. Third party links and resources in our site
Where our site contains links to other sites and resources provided by third
parties, these links are provided for your information only. We have no
control over the contents of those sites or resources.
19. Copyright
Copyright for any material submitted for use by this site remains with the
originator. As far as reasonably practicable the site will facilitate contact
to enable a copyright request to be made.
20. Applicable law
These terms of use, its subject matter and its formation, are governed by
Netherlands law. You and we both agree that the courts of the Netherlands will
have exclusive jurisdiction. If you are a business, these terms of use, its
subject matter and its formation (and any non-contractual disputes or claims)
are governed by Netherlands law. We both agree to the exclusive jurisdiction
of the courts of the Netherlands.
Privacy Policy
This privacy notice aims to give you information on how we collects and
processes your personal data through your use of this website, including any
data you may provide through this website when you sign up to purchase a
product or service.
This website is not intended for children and we do not knowingly collect data
relating to children.
It is important that you read this privacy notice together with any other
privacy notice or fair processing notice we may provide on specific occasions
when we are collecting or processing personal data about you so that you are
fully aware of how and why we are using your data. This privacy notice
supplements the other notices and is not intended to override them.
If you have any questions about this privacy notice, including any requests to
exercise your legal rights, please contact the data privacy manager using the
details set out below.
info(at)media-247.com
Changes to the privacy notice
It is important that the personal data we hold about you is accurate and
current. Please keep us informed if your personal data changes during your
relationship with us.
This version was last updated on 16th April 2019
Third-party links
This website may include links to third-party websites, plug-ins and
applications. Clicking on those links or enabling those connections may allow
third parties to collect or share data about you. We do not control these
third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of
every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an
individual from which that person can be identified. It does not include data
where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about
you which we have grouped together follows:
• Identity Data includes first name, maiden name, last name, username or
similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and
telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other
details of products and services you have purchased from us.
• Technical Datancludes internet protocol (IP) address, your login data,
browser type and version, time zone setting and location, browser plug-in
types and versions, operating system and platform and other technology on the
devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made
by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and
services.
• Marketing and Communications Data includes your preferences in receiving
marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or
demographic data for any purpose. Aggregated Data may be derived from your
personal data but is not considered personal data in law as this data does not
directly or indirectly reveal your identity. For example, we may aggregate
your Usage Data to calculate the percentage of users accessing a specific
website feature. However, if we combine or connect Aggregated Data with your
personal data so that it can directly or indirectly identify you, we treat the
combined data as personal data which will be used in accordance with this
privacy notice.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a
contract we have with you and you fail to provide that data when requested, we
may not be able to perform the contract we have or are trying to enter into
with you (for example, to provide you with goods or services). In this case,
we may have to cancel a product or service you have with us but we will notify
you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data
by filling in forms or by corresponding with us by post, phone, email or
otherwise. This includes personal data you provide when you:
apply for our products or services;
create an account on our website;
subscribe
to our service or publications;
request marketing to be sent to you;
enter
a promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we
may automatically collect Technical Data about your equipment, browsing
actions and patterns. We collect this personal data by using cookies, server
logs and other similar technologies. We may also receive Technical Data about
you if you visit other websites employing our cookies. Please see our cookie
policy for further details.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly,
we will use your personal data in the following circumstances:
• Where we
need to perform the contract we are about to enter into or have entered into
with you.
• Where it is necessary for our legitimate interests (or those
of a third party) and your interests and fundamental rights do not override
those interests.
• Where we need to comply with a legal or regulatory
obligation.
Please see our privacy policy to find out more about the types of lawful basis
that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your
personal data other than in relation to sending third party direct marketing
communications to you via email or text message. You have the right to
withdraw consent to marketing at any time by contacting us .
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we
plan to use your personal data, and which of the legal bases we rely on to do
so. We have also identified what our legitimate interests are where
appropriate.
Note that we may process your personal data for more than one lawful ground
depending on the specific purpose for which we are using your data. Please
contact us if you need details about the specific legal ground we are relying
on to process your personal data where more than one ground has been set out
in the table below.
| Purpose/Activity |
Data Type |
Lawful basis for processing including basis of legitimate
interest
|
| To register you as a new customer |
(a) Identity
(b) Contact |
Performance of a contract with you |
To process and deliver your order including:
(a) Manage payments,
fees and charges
(b) Collect and recover money owed to us
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and
Communications
|
(a) Performance of a contract with you
(b) Necessary for our
legitimate interests (to recover debts due to us)
|
To manage our relationship with you which will include:
(a)
Notifying you about changes to our terms or privacy policy
(b)
Asking you to leave a review or take a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e)
Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with
a legal obligation
(c) Necessary for our legitimate interests (to
keep our records updated and to study how customers use our
products/services)
|
| To enable you to partake in a survey |
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e)
Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our
legitimate interests (to study how customers use our products/services,
to develop them and grow our business)
|
|
To administer and protect our business and this website (including
troubleshooting, data analysis, testing, system maintenance, support,
reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical |
(a) Necessary for our legitimate interests (for running our business,
provision of administration and IT services, network security, to
prevent fraud and in the context of a business reorganisation or group
restructuring exercise)
(b) Necessary to comply with a legal
obligation
|
|
To deliver relevant website content and advertisements to you and
measure or understand the effectiveness of the advertising we serve to
you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e)
Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to study how customers use our
products/services, to develop them, to grow our business and to inform
our marketing strategy)
|
|
To use data analytics to improve our website, products/services,
marketing, customer relationships and experiences
|
(a) Technical
(b) Usage |
Necessary for our legitimate interests (to define types of customers for
our products and services, to keep our website updated and relevant, to
develop our business and to inform our marketing strategy)
|
|
To make suggestions and recommendations to you about goods or services
that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e)
Profile
|
Necessary for our legitimate interests (to develop our products/services
and grow our business)
|
Marketing
We strive to provide you with choices regarding certain personal data uses,
particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a
view on what we think you may want or need, or what may be of interest to you.
This is how we decide which products, services and offers may be relevant for
you (we call this marketing).
You will receive marketing communications from us if you have requested
information from us or purchased goods or services from us or if you provided
us with your details when you registered for a promotion and, in each case,
you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data
with any company for marketing purposes.
Opting out
You can ask us to stop sending you marketing messages at any time by logging
into the website and checking or unchecking relevant boxes to adjust your
marketing preferences or by following the opt-out links on any marketing
message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply
to personal data provided to us as a result of a product/service purchase,
warranty registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert
you when websites set or access cookies. If you disable or refuse cookies,
please note that some parts of this website may become inaccessible or not
function properly. For more information about the cookies we use.
Change of purpose
Change of purpose We will only use your personal data for the purposes for
which we collected it, unless we reasonably consider that we need to use it
for another reason and that reason is compatible with the original purpose. If
you wish to get an explanation as to how the processing for the new purpose is
compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify
you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or
consent, in compliance with the above rules, where this is required or
permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the
purposes set out in the table above.
• External Third Parties as set out in the Glossary.
• Ofcom, Phone-Paid
Services Authority, Advertising Standards Authority, any other regulatory
authority that we may be legally obliged to pass data to.
• Third parties
to whom we may choose to sell, transfer, or merge parts of our business or our
assets. Alternatively, we may seek to acquire other businesses or merge with
them. If a change happens to our business, then the new owners may use your
personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and
to treat it in accordance with the law. We do not allow our third-party
service providers to use your personal data for their own purposes and only
permit them to process your personal data for specified purposes and in
accordance with our instructions.
International transfers
Our external third parties may be based outside the European Economic Area
(EEA) so their processing of your personal data will involve a transfer of
data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar
degree of protection is afforded to it by ensuring at least one of the
following safeguards is implemented :
• We will only transfer your personal data to countries that have been deemed
to provide an adequate level of protection for personal data by the European
Commission. For further details, see European Commission: Adequacy of the
protection of personal data in non-EU countries.
• Where we use certain
service providers, we may use specific contracts approved by the European
Commission which give personal data the same protection it has in Europe. For
further details, see European Commission: Model contracts for the transfer of
personal data to third countries.
• Where we use providers based in the
US, we may transfer data to them if they are part of the Privacy Shield which
requires them to provide similar protection to personal data shared between
the Europe and the US. For further details, see European Commission: EU-US
Privacy Shield.
Please contact us info@media-247.com if you want further information on the
specific mechanism used by us when transferring your personal data out of the
EEA.
Information disclosed in connection with business transactions or transfer
Information that we collect from our users, including Personal Data, is a business asset. If we are acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Data, will be disclosed or transferred to a third party acquirer in connection with the transaction. You acknowledge that such transfers may occur, and that any acquirer may continue to use your Personal Data as set forth in this Privacy Policy.
Data security
We have put in place appropriate security measures to prevent your personal
data from being accidentally lost, used or accessed in an unauthorised way,
altered or disclosed. In addition, we limit access to your personal data to
those employees, agents, contractors and other third parties who have a
business need to know. They will only process your personal data on our
instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data
breach and will notify you and any applicable regulator of a breach where we
are legally required to do so.
Please note, any username or handle you may use when registering with or
visiting our site(s), may be shown in chat or group chat environments. For
that reason, please do not include any personal information in the username
itself.
Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfill the
purposes we collected it for, including for the purposes of satisfying any
legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider
the amount, nature, and sensitivity of the personal data, the potential risk
of harm from unauthorised use or disclosure of your personal data, the
purposes for which we process your personal data and whether we can achieve
those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are
[available in our retention policy which you can request from us by contacting
us.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws in
relation to your personal data. Please click on the links below to find out
more about these rights:
• Request access to your personal data.
• Request correction of your
personal data.
• Request erasure of your personal data.
• Object to
processing of your personal data.
• Request restriction of processing
your personal data.
• Request transfer of your personal data.
•
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise
any of the other rights). However, we may charge a reasonable fee if your
request is clearly unfounded, repetitive or excessive. Alternatively, we may
refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your
identity and ensure your right to access your personal data (or to exercise
any of your other rights). This is a security measure to ensure that personal
data is not disclosed to any person who has no right to receive it. We may
also contact you to ask you for further information in relation to your
request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it
may take us longer than a month if your request is particularly complex or you
have made a number of requests. In this case, we will notify you and keep you
updated.
Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in
conducting and managing our business to enable us to give you the best
service/product and the best and most secure experience. We make sure we
consider and balance any potential impact on you (both positive and negative)
and your rights before we process your personal data for our legitimate
interests. We do not use your personal data for activities where our interests
are overridden by the impact on you (unless we have your consent or are
otherwise required or permitted to by law). You can obtain further information
about how we assess our legitimate interests against any potential impact on
you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it
is necessary for the performance of a contract to which you are a party or to
take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing
your personal data where it is necessary for compliance with a legal or
regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties
• Professional advisers acting as processors or joint controllers including
lawyers, bankers, auditors and insurers based in the EU, who provide
consultancy, banking, legal, insurance and accounting services.
• HM
Revenue & Customs, regulators and other authorities acting as processors
or joint controllers based in the EU who require reporting of processing
activities in certain circumstances.
• Ofcom, Phone-Paid Services
Authority and Advertising Standards Authority.
YOUR LEGAL RIGHTS
You have the right to:
• Request access to your personal data (commonly known as a
"data subject access request"). This enables you to receive a copy of the
personal data we hold about you and to check that we are lawfully processing
it.
• Request correction of the personal data that we
hold about you. This enables you to have any incomplete or inaccurate data we
hold about you corrected, though we may need to verify the accuracy of the new
data you provide to us.
• Request erasure of your
personal data. This enables you to ask us to delete or remove personal data
where there is no good reason for us continuing to process it. You also have
the right to ask us to delete or remove your personal data where you have
successfully exercised your right to object to processing (see below), where
we may have processed your information unlawfully or where we are required to
erase your personal data to comply with local law. Note, however, that we may
not always be able to comply with your request of erasure for specific legal
reasons which will be notified to you, if applicable, at the time of your
request.
• Object to processing of your personal data
where we are relying on a legitimate interest (or those of a third party) and
there is something about your particular situation which makes you want to
object to processing on this ground as you feel it impacts on your fundamental
rights and freedoms. You also have the right to object where we are processing
your personal data for direct marketing purposes. In some cases, we may
demonstrate that we have compelling legitimate grounds to process your
information which override your rights and freedoms.
•
Request restriction of processing of your personal data. This
enables you to ask us to suspend the processing of your personal data in the
following scenarios: (a) if you want us to establish the data's accuracy; (b)
where our use of the data is unlawful but you do not want us to erase it; (c)
where you need us to hold the data even if we no longer require it as you need
it to establish, exercise or defend legal claims; or (d) you have objected to
our use of your data but we need to verify whether we have overriding
legitimate grounds to use it.
• Request the transfer of
your personal data to you or to a third party. We will provide to you, or a
third party you have chosen, your personal data in a structured, commonly
used, machine-readable format. Note that this right only applies to automated
information which you initially provided consent for us to use or where we
used the information to perform a contract with you.
•
Withdraw consent at any time where we are relying on consent
to process your personal data. However, this will not affect the lawfulness of
any processing carried out before you withdraw your consent. If you withdraw
your consent, we may not be able to provide certain products or services to
you. We will advise you if this is the case at the time you withdraw your
consent.
