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© 2021 Bon Chance. All rights reserved.
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BON CHANCE – PRIZE DRAW RULES
1. The Promoter
1.1. The promoter is: Bon Chance Limited, company number SC675216 of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
1.2. 20% of the profits we make from you entering our prize draws will be donated to charities.
2. The draw rules
2.1. These draw rules apply to every draw on our website bonchance.co.uk (“Website”).
2.2. Prize draws are open to UK residents only.
2.3. By entering our prize draws you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions do not enter the prize draws.
2.4. Certain prize draws may have prize specific rules. These will be detailed on the Website where you can enter the prize draw.
3. How to enter
3.1. The prize draws will run from the time and dates listed on the Website for each prize draw (each an “Opening Date“) to the times and dates listed on the Website for each prize draw (each a “Closing Date“) inclusive.
3.2. All draw entries must be received by the Promoter via the Website or by postal entry at the address set out at condition 1 by no later than the applicable time on the applicable Closing Date. All prize draw entries received after the Closing Date are automatically disqualified.
3.3. Times are specified in BST.
3.4. In the event that a force majeure event (events outside of our control occurs) including catastrophe, pandemic, epidemic, quarantine, war, act of god etc, we reserve the right to cancel or change terms and conditions of any prize draw which will be relayed to the entrants as soon as possible.
3.5. To enter a prize draw, you will need to create an account or log into your account if you have already created an account.
3.6. No purchase necessary and there is no charge to register for use of the website.
Website entries
To enter a prize draw via the Website
3.7. You will then need to select a prize you would like to win from our current prize draws.
3.8. Login to your account, then go to your basket and select checkout and make the designated payment.
3.9. You will receive email confirmation and will be able to view your active prize draws in your account.
Free Postal entries
To enter the prize draw free by post:
3.10. (a) Register an account on our Website.
(b) Send your entry by first or second class post to the Promoter at the following address: Bon Chance Limited of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE;
(c) Include with your entry the following information on a postcard in handwriting:
(i) your full name;
(ii) your address;
(iii) a contact telephone number;
(iv) email address registered with your account;
(v) the prize draw you would like to enter;
(vi) your agreement to these Terms & Conditions; and
(d) Please note:
– Incomplete or illegible entries will be disqualified;
– Bulk entries in one envelope will not be accepted as multiple entries and if a bulk entry is received, it will be counted as one single entry;
– By entering the draw, you are confirming that you are eligible to enter and accept these terms and conditions;
– The Promoter will not acknowledge receipt of your entry;
– All free entries will be processed on Monday of each week.
If the entrants account cannot be identified from the details provided on the postal entry, then the draw-specific single entry will not be processed.
3.11. The Postal entry limit is 20 entries per household.
3.12. The Promoter will not accept:
(a) responsibility for prize draw entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry to the prize draw.
3.13. By submitting a prize draw entry, you are agreeing to be bound by these Terms and Conditions.
3.14. For help with entries, please email enquiries@bonchance.co.uk
3.15. The winner will be chosen by a random draw performed by a computer process.
3.16. The Promoter will send the full names of the judges to anyone who writes within one month after the closing date of each draw requesting details of the judges and who encloses a self-addressed envelope to the address to Bon Chance Limited, of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
4. Eligibility
4.1. The prize draws are only open to all residents in the UK aged 18 years or over, except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the prize draw or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
4.2. In entering the prize draws, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the prize draw.
4.3. The Promoter will not accept prize draw entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(d) photocopies and not originals; or
(e) incomplete
4.4. There is a limit of twenty entries per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.5. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize draw.
4.6. Using multiple email addresses, identities, or devices in an attempt to circumvent these Terms and Conditions, including the Entry Limit, is strictly prohibited and will void all entries for that participant and result in disqualification of the participant.
4.7. Winners may be required to show proof of age, email address and identity.
4.8. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4.9. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
4.10. We are not responsible for lost, late, incomplete, damaged, stolen, misdirected, corrupt, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions beyond its reasonable control whether human, mechanical, electronic, or otherwise.
4.11.Only fully completed entries submitted by the Closing Date and actually received by us are eligible. Proof of sending or submission of entry will not be deemed proof of receipt by us.
4.12. All entries must be actually submitted by the individual participant to be valid.
4.13. Use, or attempted use, of any robotic, automated, programmed, or similar entry method, will void all entries for that participant and result in disqualification of the participant.
4.14. If you breach these Terms and Conditions we reserve the right to disqualify you.
4.15. Prize draw entries cannot be returned.
5. The prize
5.1. Full details of all the prizes available to be won for each prize draw will be detailed on the Website next to the applicable prize draw.
5.2. Winners will receive the prize(s) identified on the Website for each prize draw.
5.3. Prizes are subject to availability. The Promoter reserves the right to substitute the prize with a prize of equal or greater value including a cash alternative.
5.4. The prize is not negotiable or transferable.
5.5. Unless expressly stated otherwise in these Terms and Conditions, any and all applicable taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility of the winner.
5.6. Prize draws are not sponsored, endorsed, approved, or affiliated with the manufacturer of the prizes being awarded. Names and logos are the trademarks and property of the manufacturer of the prizes.
5.7. Prizes including a holiday (other similar holidays) may be subject to availability, must meet requirements specified by the Promoter e.g. not bank holidays, blackout periods etc may apply.
5.8. If the prize is a holiday, the prize does not include travel insurance, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the winner(s). In addition, you will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified.
6. Winners
6.1. The decision of the Promoteris final and no correspondence or discussion will be entered into.
6.2. The Promoter will contact the winner personally as soon as practicable after the Closing Date, using the telephone number or email address provided with the prize draw entry. The Promoter will not amend any contact information once the prize draw entry form has been submitted.
6.3. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will publish the surname and county of major prize winners.
6.4. The Promoter may ask for a video or photograph of the winner for promotional purposes subject to the winner providing written consent to their photos or videos being used for promotional purposes.
6.5. A list of winning entries is available to anyone who emails enquiries@bonchance.co.uk or writes to the address set out in Condition 1 (enclosing a self-addressed envelope) within one month after the Closing Date of the draw.
6.6. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at enquiries@bonchance.co.uk
6.7. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
7. Claiming the prize
7.1. In order to claim your prize, please respond to the email or telephone call from the Promotor notifying you of being the winner within 14 days.
7.2. Please allow 21 days for delivery of the prize.
7.3. The prize may not be claimed by a third party on your behalf.
7.4. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 of days of the Closing Date, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the relevant Closing Date.
7.5. The Promoter does not accept any responsibility if you are not able to take up the prize.
8. Limitation of liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
9. Ownership of draw entries and intellectual property rights
9.1. All draw entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2. By submitting your draw entry and any accompanying material, you agree to:
(a) assign to the Promoter all your intellectual property rights with full title guarantee; and
(b) waive all moral rights,
in and to your draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
9.3. You agree that the Promoter may, but is not required to, make your entry available on its Website and any other media, whether now known or invented in the future, and in connection with any publicity of the draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the draw entry and any accompanying materials for such purposes.
10. Data protection and publicity
10.1. The Promoter will only process your personal information as set out in the Privacy Policy. See also condition 3 and condition 6.4, with regard to the announcement of winners.
11. General
11.1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the prize draw.
11.2. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize draw where it becomes necessary to do so.
11.3. The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
11.4. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.bonchance.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Account” | means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; |
| “Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and |
| “We/Us/Our” | Bon Chance Limited, a limited company registered in Scotland under company number SC675216 whose registered office is at 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE. |
2. Information About Us
2.1. Our Site is owned and operated by Bon Chance Limited, a limited company registered in Scotland under company numberSC675216 whose registered office is at 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
2.2. Main trading address: 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
3. Access to Our Site
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
4.1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2. You may not create an Account if you are under 18 years of age.
4.3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account, consisting of upper and lower case, capitals and numnbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at enquiries@bonchance.co.uk. We will not be liable for any unauthorised use of your Account.
4.4. You must not use anyone else’s Account.
4.5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
4.6. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights
5.1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3. You may:
(a) Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
(b) Download Our Site (or any part of it) for caching;
(c) Print one copy of any of any pagesfrom Our Site;
(d) Download extracts from pages on Our Site; and
(e) Save pages from Our Site for later and/or offline viewing.
5.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
5.6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
6. Links to Our Site
6.1. You may link to Our Site provided that:
(a) You do so in a fair and legal manner;
(b) You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
(c) You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
(d) You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2. You may not link to Our Site from any other site the main content of which contains material that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nftionality, disability, sexual orientation, or age;
(g) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(h) is calculated or is otherwise likely to deceive another person;
(i) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
(j) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
(k) implies any form of affiliation with Us where none exists;
(l) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
(m) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8. Disclaimers
8.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
9.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1. You may only use Our Site in a manner that is lawful. Specifically:
(a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
(b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
(c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
(d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
(a) suspend, whether temporarily or permanently, your right to access Our Site;
(b) issue you with a written warning;
(c) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
(d) take further legal action against you as appropriate;
(e) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
(f) any other actions which We deem reasonably appropriate (and lawful).
11.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Privacy Policy and Cookie Policy. These policies are incorporated into these Terms and Conditions by this reference.
13. Changes to these Terms and Conditions
13.1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
To contact Us, please use one of the following:
Email address: enquiries@bonchance.co.uk
Telephone number: 07765494749
Postal Address: 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
15. Communications from Us
15.1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 14 days business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at enquiries@bonchance.co.uk.
16. Data Protection
16.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
16.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
17. Law and Jurisdiction
17.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales.
BON CHANCE LIMITED
Privacy Policy
Bon Chance Limited understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.bonchance.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested when you visit our Site.
1. Information About Us
Our Site is owned and operated by Bon Chance Limited, a limited company registered in Scotland under company number SC675216 whose registered office is at 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
2. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 12.
b. The right to access the personal data we hold about you. Part 11 will tell you how to do this.
c. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 12 to find out more.
d. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 12 to find out more.
e. The right to restrict (i.e. prevent) the processing of your personal data.
f. The right to object to us using your personal data for a particular purpose or purposes.
g. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact our using the details provided in Part 12.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 12.
5. What Data Do You Collect and How?
Depending upon your use of Our Site, we may collect and hold some or all of the personal set out in the table below, using the methods also set out in the table. We do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to children and/or data relating to criminal convictions and/or offences.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
6. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:
| What We Do | What Data We Use | Our Lawful Basis |
| 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) Financial (d) Transaction (e) 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) 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 prize draw, competition or complete 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 (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
| Type of Data | How Long We Keep It |
| Contact Data includes billing address, delivery address, email address and telephone numbers. |
Whilst you are a customer and for three years after you are a customer |
| Financial Data includes bank account and payment card details. |
6 years. |
| Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender. |
Whilst you are a customer and for three years after you are a customer |
| Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. |
6 years. |
| Technical Data includes 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. |
2 years. |
| Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. |
2 years |
| Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. |
Whilst you are a customer and for three years after you are a customer
For three years after you make an enquiry with us or register to receive marketing communications |
8. How and Where Do You Store or Transfer My Personal Data?
We will store or transfer your personal data within the UK and EEA. This means that it will be fully protected under the Data Protection Legislation.
We may store or transfer some or all of your personal data in countries that are not part of the EEA. These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:
We use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission.
If we transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
We may sometimes contract with the following third parties to supply certain products and/or services.
| Recipient | Activity Carried Out | Sector | Location |
| Rick Anderson, OOKO | Website development | Website development | Scotland |
| Mailchimp | Newsletters and marketing | Marketing | USA |
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.
Where we transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
11. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
12. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email address: enquiries@bonchance.co.uk
Telephone number: 07765494749
Postal Address: 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
13. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.