privacy

APP TERMS AND CONDITIONS – WHATWEWANT LTD – APP USERS

These Terms and Conditions were last updated in December 2020.

BACKGROUND:

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 WhatWeWant (“Our App”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App 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 to access and use Our App, as detailed in Clause 5; 
“App” WhatWeWant App platform that allows an organiser seeking backing from a Donor to post a fundraising request via the platform and accept donations from a Backer for day to day items and gifts; 
“Backer” A donor who “backs” a Project via the App; 
“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 App; 
“User” means a user of Our App; 
“User Content” means any of your information that is created and/or uploaded by Users in or to Our App; and 
“We/Us/Our” means WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH..


2. Information About Us

2.1 Our App is owned and operated by WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.
2.2 Our App acts as an administrative platform only. We are not authorised or regulated with the Financial Conduct Authority, or any other regulator, on the basis that Our App provides a platform for you and other users to participate in donation-based crowdfunding, where users give money to initiatives that they want to support, and this is not a regulated activity. We are neither a broker, financial institution, creditor, charity or not for profit organisation.
2.3 We reserve the right, at our sole discretion to change or modify parts of these Terms and Conditions at any time. When we do so we will indicate and post via this page for your reference.
2.4 When using Our App You will be subject to Our additional policies namely our Privacy Policy that can found here [https://www.whatwewant.co.uk/privacy#PrivacyPolicy]. All policies are incorporated into Our Terms and Conditions by reference. We reiterate in particular clause 3.3 of Our Privacy Policy and draw your attention to Our policy regarding Our “Know Your Client” procedures.
2.5 We are not a payment processor and as such Our App does not hold any funds. We use third party payment processing partners. In line with Our Privacy Policy You acknowledge and agree that the use of Our payment processors is integral to seeking backing on Our App and We will exchange information in order to provide Our services via the App.


3. How Our App Works

3.1 We provide a funding platform for the purchase of day-to-day items and gifts, including but not limited to gadgets, holidays etc (each a “Project”). When you post a Project on Our App as an “Offeror”, you are inviting other people to form a contract with you. Anyone who backs this Project is accepting your offer, and you will both form a contract.
3.2 We are not party to the contract referred to in Clause 3.1. Such contract is a direct legal agreement between you and the person who backs you (a “Backer”). The terms of the contract between you and the Backer are set out in Clause 5 below.
3.3 You may choose to refund individual pledges if you want. After your Project has been funded, you can cancel and refund a Backer’s pledge at any time. If you do, you have no further obligation to that Backer, and no agreement exists between you. In the event of a refund, you agree to be liable for any associated costs or repayment of funds, where the funds have been sent from your eWallet. 
3.4 Some pledges can’t be collected, for instance where a Backer’s credit card has expired before the funding ends and updated information is not provided, and this might reduce the amount of funding for your Project. We therefore cannot guarantee the amount of funding you receive for a Project.
3.5 If a Backer of your Project disputes the charge with their card issuer, we will assist you in dealing with the card issuer. You will be notified that a dispute has been filed, and will be able to provide evidence to help us to resolve the dispute. If the cardholder’s dispute is found to be valid, you authorise MangoPay to charge your card with the amount to be refunded to the cardholder.
3.6 Do not assume you will be able to proceed with the Project when you want, as there may be issues that take time to resolve. You may not be able to immediately collect your funding, as there could be a delay between the campaign completing and when you can access the funds. If you take any action in reliance on collecting such funds, we cannot be held responsible for this.
3.7 You acknowledge and agree that We may remove any Project from Our App which concerns illegal items which may not be sold in any particular jurisdiction. Such examples include, but are not limited to, Projects involving drugs, narcotics, steroids, controlled substances, pharmaceuticals, firearms, ivory, tiger skin, knives, explosives or other weaponry etc. 
3.8 We are not responsible for a decision made by a Backer to invest in the Project. Such decision is the sole decision of the Backer, and it is the Backer’s decision as to whether to invest in the Project or invest elsewhere. We merely allow the technology to allow Backers to connect with You the Offeror. We do not engage in any solicitation activities and by posting via Our App you agree that We are not responsible for the use of any such donations.
3.9 In proceeding with using Our App, and thereby accepting these Terms and Conditions, you hereby declare that the source of the funds used on Our App is not illegal, and undertake not to use this source for an illegal or fraudulent activity, including but not limited to money laundering or terrorist financing. 
3.10 We are under no obligation to, and in any event do not have the technical measures to, ensure the validity and/or accuracy of the identity of any persons registering on Our App. As a result, we are not liable in any circumstances for your identity being usurped, whether via Our App or otherwise. If you have reason to believe that a third party is fraudulently using your user ID or account, you must inform us immediately. 
3.11 We will have no liability whatsoever for any claim for tax or fees that your Project attracts.
3.12 You are not permitted to offer any contest, bidding, competition, reward, raffle or the like via Our App;
3.13 You will not raise any funds for a minor unless you have the express permission of that minor’s parent or guardian;
3.14 You agree not to:
a. advertise any pornography or sexual content or any User Content that is offensive or graphic or deals in any form of exploitation or bribery;
b. attempt to collect payments and circumvent WhatWeWant by creating ghost accounts via Our third Party Payment Processors;
c. partake in any activity that We in Our sole discretion render unacceptable;
d. accept any donation where You believe it to be erroneous, suspicious or fraudulent and You must notify Us immediately.


4. Access to Our App

4.1 Access to Our App is free of charge, although we do charge transaction fees in accordance with Clauses 4.5 to 4.8.
4.2 It is your responsibility to make any and all arrangements necessary in order to access Our App.
4.3 We may from time to time make changes to Our App:
4.3.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;
4.3.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App; and
4.3.3 We may develop and improve Our App over time, in some cases making significant changes to it. We may keep You informed of any and all such changes.
4.4 We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.3. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.
4.5 We charge a transaction fee of 4% on each and every pledge, donation or backing (“Transaction”) to a projects although this transaction fee can vary depending on your location. If your Project is partially or fully funded, we take this fee via our payment partner (currently MangoPay SA, 2 Avenue Amelie, L-1125 Luxembourg) (“MangoPay”). Our transaction fee is taken before funds for a Project are transferred to your account. By way of example You may post a Project for a weekend away and ask for backing of £300. You may receive £250 of this via three separate transactions. We will charge the fee on each transaction.
4.6 We will not collect any transaction fees without giving you a chance to review and accept them. If our fees change, we will announce this on Our App.
4.7 MangoPay is its own company, and we are not responsible for its performance. When you agree to pay your transaction fee to us via MangoPay, you agree to comply with MangoPay’s terms and conditions, which can be found on its website https://www.mangopay.com/ 
4.8 You are responsible for paying any additional fees or taxes associated with your use of Our App. 
4.9 MangoPay is responsible for collecting and transmitting all funds sent and received via Our App, and accordingly, any delays in sending or receiving funds should be dealt with directly with MangoPay.
4.10 We may, from time to time, provide referral fees on Our App, whereby you are rewarded for referring another user of Our App with a £5 bonus (a “Referral Fee”). We are not required to provide this Referral Fee, and it is within our sole discretion as to whether to provide this in any given circumstances. Where we do provide a Referral Fee, this will be on the following basis:
4.10.1 you will be provided with a referral code to send to a new user of Our App;
4.10.2 where the new user opens the link that you have sent, and signs up via that link, you and the new user shall have the Referral Fee credited to your account on Our App;
4.10.3 once you or the new user have reached a target for a Project, and withdraw the funds collected for that Project, this withdrawal shall include the Referral Fee. The Referral Fee shall not be due and payable by us prior to such time.
4.11 You shall not be provided with the value of the Referral Fee at any other time, as stipulated in clause 4.10 above.
4.12 If you wish to invite a third party to back a Project (a “Guest”), you may send an invite to them (via Our App). The Guest is not obliged to download Our App, but may still contribute via our guest check-out option, which is available via a portal on through our website. The link to the website portal will be sent to the Guest via your invite. In such circumstances, the Guest will be required to complete certain information on the website portal, and contribute to the Project.


5. Specific Terms between you and a Backer

5.1 When a Project is successfully funded in full or partially funded to the extent the Project is realisable your obligation to the Backer is fulfilled.
5.2 You owe the Backer honest communication and will provide updates on the Project. Backers will also understand that, when they back a Project, there may be unavoidable delays, and something could happen that prevents you from proceeding with the Project. You warrant that the information you provide is accurate, complete and not likely to deceive or misrepresent. None of the User Content must be fraudulent, misleading, inaccurate, or dishonest.
5.3 If you are unable to proceed with the Project, you have not obliged with the terms of these Terms and Conditions. You must therefore make reasonable efforts to find another way to proceed with the Project. You have remedied the situation if:
a) You post an update explaining how the Backer’s funds were used, and why you have not been able to proceed with the Project;
b) You work diligently and in good faith to proceed with the Project;
c) You demonstrated that you used the Backer’s funds appropriately and made all reasonable efforts to proceed with the Project; 
d) You’ve been honest and made no material misrepresentations to the Backers; and
e) You offer to return remaining funds to the Backers, or explain how the funds will be used to proceed with the Project in a different way. 
5.4 You understand that a Backer may bring legal action against you for failing to satisfy these Terms and Conditions. 


6. Accounts

6.1 An Account is required to use Our App. However in line with clause 4.12 We do offer the facility to operate on a guest check-out option.
6.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use Our App, your parent or guardian should create the Account for you and you must only use the Account with their supervision. In line with clause 6.8 We ask that only one card is used per parent/guardian and where multiple cards are used We reserve the right to review the Account.
6.3 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.
6.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. 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. We will not be liable for any unauthorised use of your Account.
6.5 You must not use anyone else’s Account.
6.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 18.
6.7 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 from our system only. Closing Your account will also remove any User Content that you have created from Our system only.  
6.8 We reserve the right at all times to review multiple account set ups and will treat such as fraudulent. All Accounts relate to one payment card and one user only.


7. Our Intellectual Property Rights and Licence

7.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to allow users to connect with Backers to seek funding for particular projects, subject to these Terms and Conditions.
7.2 Subject to the licence granted to Us under sub-Clause 7.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).
7.3 All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights 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.
7.4 By accepting these Terms and Conditions, you hereby undertake:
7.4.1 Not to copy, download or otherwise attempt to acquire any part of Our App;
7.4.2 Not to disassemble, decompile or otherwise reverse engineer Our App;
7.4.3 Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and
7.4.4 Not to embed or otherwise distribute Our App on any website, ftp server or similar.
7.4.5 Not to use Our App to infringe any intellectual Property rights; pose or create a security risk to any person, partake in any junk mail, spam, pyramid scheme. Contest or gambling activity.


8. Links to Our App

8.1 You may link to Our App is hosted provided that:
8.1.1 You do so in a fair and legal manner;
8.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and
8.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2 You may not link to Our App from any other website the content of which contains material that:
8.2.1 Is sexually explicit;
8.2.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.2.3 Promotes violence;
8.2.4 Promotes or assists in any form of unlawful activity;
8.2.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.2.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 Is calculated or is otherwise likely to deceive another person;
8.2.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
8.2.9 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 8.2);
8.2.10 Implies any form of affiliation with Us where none exists;
8.2.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
8.2.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.


9. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.


10. User Content

10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.
10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating Our App.
10.4 If you wish to remove User Content, you may do so by emailing us directly. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).


11. Intellectual Property Rights and User Content

11.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.


12. Acceptable Usage Policy

12.1 You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
12.1.2 You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our App 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 any data of any kind; and
12.1.4 You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our App;
12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
12.4 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.


13. Advertising

13.1 We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.
13.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
13.3 We are not responsible for the content of any advertising in Our App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our App including, but not limited to, any errors, inaccuracies, or omissions.


14. Disclaimers

14.1 No part of Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to entering into a contract with another user of Our App.
14.2 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be fit for a particular purpose, 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.
14.3 We make reasonable efforts to ensure that the Content contained within Our App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App (and the Content therein) is complete, accurate or up-to-date.
14.4 If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.


15. Our Liability

15.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill.
15.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss 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 App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.
15.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
15.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App.
15.5 If you are a business, 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.
15.6 We exercise all reasonable skill and care to ensure that Our App 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 that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
15.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App 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. Pandemics
15.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including 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 applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.


16. Viruses, Malware and Security

16.1 We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 16.6.
16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
16.4 You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
16.5 You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 By breaching the provisions of sub-Clauses 16.3 to 16.5 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 App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.


17. Privacy and Cookies

The Use of Our App is also governed by Our Privacy and Cookie Policies, available from [https://www.whatwewant.co.uk/privacy#PrivacyPolicy https://www.whatwewant.co.uk/privacy#CookiePolicy]. These policies are incorporated into these Terms and Conditions by this reference.


18. Data Protection

18.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.
18.2 We may use your personal information to:
18.2.1 Reply to any communications that you send to Us; and
18.2.2 Send you important notices, as detailed in Clause 19.
18.3 We will not pass your personal information on to any third parties without first obtaining your express permission to do so. Unless 12,14,15


19. Communications from Us

19.1 If you have an Account, 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, changes to these Terms and Conditions, changes to Our App, and changes to your Account.
19.2 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 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
19.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@whatwewant.co.uk.


20. Other Important Terms

20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions. If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.
20.3 This contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.


21. Changes to these Terms and Conditions

21.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented. You are therefore advised to check this page from time to time.
21.2 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.


22. Contacting Us

To contact Us, please email Us at support@whatwewant.co.uk.

23. Law and Jurisdiction

23.1 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.
23.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.
23.3 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. 
23.4 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 exclusive jurisdiction of the courts of England and Wales.



APP TERMS AND CONDITIONS – WHATWEWANT LTD – TERMS FOR THOSE SEEKING TO BACK PROJECTS

These Terms and Conditions were last updated in December 2020.

BACKGROUND:

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 WhatWeWant (“Our App”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App 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 to access and use Our App, as detailed in Clause 5;
“App” WhatWeWant App platform that allows an organiser seeking backing from a Donor to post a fundraising request via the platform and accept donations from a Backer for day to day items and gifts or non medical causes;
“Backer” A donor who “backs” a Project via the App; or guest check-out
“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 App;
“User” - means a user of Our App;
“User Content” - means any of your information that is created and/or uploaded by Users in or to Our App; and
“We/Us/Our” - means WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.


2. Information About Us

2.1 Our App is owned and operated by WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.
2.2 Our App acts as an administrative platform only. We are not authorised or regulated with the Financial Conduct Authority, or any other regulator, on the basis that Our App provides a platform for you and other users to participate in donation-based crowdfunding, where users give money to initiatives that they want to support, and this is not a regulated activity. We are neither a broker, financial institution, creditor, charity or not for profit organisation.
2.3 We reserve the right, at our sole discretion to change or modify parts of these Terms and Conditions at any time. When we do so we will indicate and post via this page for your reference.
2.4 When using Our App You will be subject to Our additional policies namely our Privacy Policy that can found here [https://www.whatwewant.co.uk/privacy#PrivacyPolicy]. All policies are incorporated into Our Terms and Conditions by reference. We reiterate in particular clause 3.3 of Our Privacy Policy and draw your attention to Our policy regarding Our “Know Your Client” procedures.
2.5 We are not a payment processor and as such Our App does not hold any funds. We use third party payment processing partners. In line with Our Privacy Policy You acknowledge and agree that the use of Our payment processors is integral to seeking backing on Our App and We will exchange information in order to provide Our services via the App.


3. How Our App Works

3.1 We provide a fund raising platform for the purchase of day-to-day items and gifts, including but not limited to gadgets, holidays etc (each a “Project”). When a user posts a Project on Our App, they are inviting other people or Backers (including you) to form a contract with them. If you back this Project, you are accepting their offer, and you will both form a contract.
3.2 We are not party to the contract referred to in Clause 3.1. Such contract is a direct legal agreement between you and the person who offers the Project (the “Offeror”). The terms of the contract between you and the Offeror are set out in Clause 5 below.
3.3 You acknowledge and agree that We may remove any Project from Our App which concerns illegal items which may not be sold in any particular jurisdiction. Such examples include, but are not limited to, Projects involving drugs, narcotics, steroids, controlled substances and pharmaceuticals, firearms, ivory, tiger skin, knives, explosives and other weaponry etc. 
3.4 In proceeding with using Our App, and thereby accepting these Terms and Conditions, you hereby declare that the source of the funds used on Our App is not illegal, and undertake not to use this source for an illegal or fraudulent activity, including but not limited to money laundering or terrorist financing. 
3.5 We are under no obligation to, and in any event do not have the technical measures to, ensure the validity and/or accuracy of the identity of any persons registering on Our App. As a result, we are not liable in any circumstances for your identity being usurped, whether via Our App or otherwise. If you have reason to believe that a third party is fraudulently using your user ID or account, you must inform us immediately. 
3.6 You confirm that any donation you make as a Backer is done so in good faith and You must not do so where You believe there to be any erroneous, suspicious, or fraudulent activity. Any suspicions must be notified to Us immediately.


4. Access to Our App

4.1 Access to Our App is free of charge, although we do charge transaction fees in accordance with Clauses 4.5 to 4.8.
4.2 It is your responsibility to make any and all arrangements necessary in order to access Our App.
4.3 We may from time to time make changes to Our App:
4.3.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;
4.3.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App; and
4.3.3 We may develop and improve Our App over time, in some cases making significant changes to it. You may keep You informed of any and all such changes.
4.4 We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.3. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.
4.5 We charge a transaction fee of 4% on each and every pledge, donation or backing (“Transaction”) to a project although this transaction fee can vary depending on your location. If your Project is partially or fully funded, we take this fee via our payment partner (currently MangoPay SA, 2 Avenue Amelie, L-1125 Luxembourg) (“MangoPay”). Our transaction fee is taken before funds for a Project are transferred to your account. By way of example You may post a Project for a weekend away and ask for backing of £300. You may receive £250 of this via three separate transactions. We will charge the fee on each transaction.
4.6 We will not collect any transaction fees without giving you a chance to review and accept them. If our fees change, we will announce this on Our App.
4.7 MangoPay is its own company, and we are not responsible for its performance. When you agree to pay your transaction fee to us via MangoPay, you agree to comply with MangoPay’s terms and conditions, which can be found on its website https://www.mangopay.com/ 
4.8 You are responsible for paying any additional fees or taxes associated with your use of Our App. 
4.9 MangoPay is responsible for collecting and transmitting all funds sent and received via Our App, and accordingly, any delays in sending or receiving funds should be dealt with directly with MangoPay.
4.10 If you have been invited by an Offeror to back a Project (a “Guest Invite”), you will receive an invite from the Offeror (via Our App). If you choose to participate in the Project, you are not obliged to download Our App, but may still contribute via our guest check-out option, which is available (via a portal on our website) the invite sent. The link to the website portal will be sent to you via the Guest Invite. In such circumstances, you will be required to complete certain information on the website portal, and contribute to the Project. In such circumstances, these Terms and Conditions shall continue to apply to you as applicable, particularly in respect of your payment obligations as set out in this Clause 4. You will require to have a temporary account established with MangoPay in order to participate in a Project via a Guest Invite.


5. Specific Terms between you and an Offeror

5.1 These are the terms that apply when you choose to back a Project. 
5.2 You are only charged upon transaction as highlighted at clause 4.5. 
5.3 In some circumstances, MangoPay may reserve the charge on your card for any amount up to the full pledge, at any time between the pledge and the collection of funds.
5.4 You can change or cancel your pledge at any time before the Project’s funding deadline, except during the last 24 hours of the campaign (then you cannot cancel or decrease your pledge without contacting us first, if that would cause the Project to drop below its funding goals). Once the Project has been funded, you can only cancel or change your pledge by making arrangements directly with the Offeror. 
5.5 We do not offer refunds. Responsibility for backing a Project lies entirely with you, and responsibility for providing the Project as agreed lies entirely with the Offeror. We do not hold any funds on an Offeror’s behalf and cannot guarantee that a Project will proceed. In the event that an Offeror chooses to refund you, you agree to be liable for any associated costs or repayment of funds, in the case where funds have been sent from your eWallet.
5.6 We advise you to seek financial, tax, legal or other independent advice before choosing to back any Project on Our App. Where any pledge attracts any tax or levy You are solely responsible for meeting these costs.
5.7 You are solely responsible for your interactions with an Offeror and We have no liability or responsibility thereto. We may (but We have no obligation) become involved at Our own discretion.


6. Accounts

6.1 An Account is required to use Our App. However in line with clause 4.10 We do offer the facility to operate on a guest check-out option.
6.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use Our App, your parent or guardian should create the Account for you and you must only use the Account with their supervision. In line with clause 6.8 We ask that only one card is used per parent/guardian and where multiple cards are used We reserve the right to review the Account.
6.3 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.
6.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. 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. We will not be liable for any unauthorised use of your Account.
6.5 You must not use anyone else’s Account.
6.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 18.
6.7 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 any User Content that you have created from Our system.  
6.8 We reserve the right at all times to review multiple account set ups and will treat such as fraudulent. All Accounts relate to one payment card and one user only.


7. Our Intellectual Property Rights and Licence

7.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to allow users to connect with other users to provide funding for particular projects, subject to these Terms and Conditions.
7.2 Subject to the licence granted to Us under sub-Clause 7.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).
7.3 All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights 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.
7.4 By accepting these Terms and Conditions, you hereby undertake:
7.4.1 Not to copy, download or otherwise attempt to acquire any part of Our App;
7.4.2 Not to disassemble, decompile or otherwise reverse engineer Our App;
7.4.3 Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and
7.4.4 Not to embed or otherwise distribute Our App on any website, ftp server or similar.


8. Links to Our App

8.1 You may link to Our App is hosted provided that:
8.1.1 You do so in a fair and legal manner;
8.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and
8.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2 You may not link to Our App from any other website the content of which contains material that:
8.2.1 Is sexually explicit;
8.2.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.2.3 Promotes violence;
8.2.4 Promotes or assists in any form of unlawful activity;
8.2.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.2.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 Is calculated or is otherwise likely to deceive another person;
8.2.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
8.2.9 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 8.2);
8.2.10 Implies any form of affiliation with Us where none exists;
8.2.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
8.2.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.


9. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.


10. User Content

10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.
10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
10.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating Our App.
10.4 If you wish to remove User Content, you may do so by emailing us directly. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).


11. Intellectual Property Rights and User Content

11.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
11.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.


12. Acceptable Usage Policy

12.1 You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
12.1.2 You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our App 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 any data of any kind; and
12.1.4 You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our App;
12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
12.4 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.


13. Advertising
13.1 We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.
13.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
13.3 We are not responsible for the content of any advertising in Our App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our App including, but not limited to, any errors, inaccuracies, or omissions.


14. Disclaimers

14.1 No part of Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to entering into a contract with another user of Our App.
14.2 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be fit for a particular purpose, 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.
14.3 We make reasonable efforts to ensure that the Content contained within Our App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App (and the Content therein) is complete, accurate or up-to-date.
14.4 If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.


15. Our Liability

15.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill.
15.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss 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 App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.
15.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
15.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App.
15.5 If you are a business, 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.
15.6 We exercise all reasonable skill and care to ensure that Our App 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 that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
15.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App 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.
15.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including 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 applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.


16. Viruses, Malware and Security

16.1 We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 16.6.
16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
16.4 You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
16.5 You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 By breaching the provisions of sub-Clauses 16.3 to 16.5 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 App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.


17. Privacy and Cookies

The Use of Our App is also governed by Our Privacy and Cookie Policies, available from [https://www.whatwewant.co.uk/privacy#PrivacyPolicy]. These policies are incorporated into these Terms and Conditions by this reference.


18. Data Protection

18.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.
18.2 We may use your personal information to:
18.2.1 Reply to any communications that you send to Us; and
18.2.2 Send you important notices, as detailed in Clause 19.
18.3 We will not pass your personal information on to any third parties without first obtaining your express permission to do so.


19. Communications from Us

19.1 If you have an Account, 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, changes to these Terms and Conditions, changes to Our App, and changes to your Account.
19.2 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 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
19.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@whatwewant.co.uk.


20. Other Important Terms

20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions. If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.
20.3 This contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.


21. Changes to these Terms and Conditions

21.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented. You are therefore advised to check this page from time to time.
21.2 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.


22. Contacting Us

To contact Us, please email Us at support@whatwewant.co.uk.


23. Law and Jurisdiction

23.1 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.
23.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.
23.3 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. 
23.4 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 exclusive jurisdiction of the courts of England and Wales.


COOKIE POLICY - WHATWEWANT LTD

August 2019

1. Definition

Cookies are small text files placed on your device when you visit our app and are used to make the users experience more efficient. We are able to store cookies on your computer where they are necessary for the operation of the app however, for non-essential cookies we need your permission.
This cookie policy applies to our app, WhatWeWant (the “App”). Our website domain is www.whatwewant.co.uk, and this Privacy Policy applies equally to the website. References to the “App” shall also be deemed to include said website.


2. How we use Cookies

We do not track individual users or use cookies to identify individuals. We use cookies to recognise you and your preferences, improve our app's performance and collect analytical information for ourselves and our business partners. Without the knowledge gained we would not be able to provide the service we do.


3. 'Session' and 'Persistent' Cookies

'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.
'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our app.
Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the app being viappd; a third-party cookie is set by a different app. Both types of cookie may be used by us or our business partners.
Third Party Cookies we use include: Google Analytics, which is a web analytics service provided by Google, Inc. The cookies used by Google Analytics help us to analyse how users use the app and to count the number of people who use the app. Google Analytics and Google Admob store your IP address anonymously and neither us or Google associate your IP address with any personally identifiable information. 
We will use cookies when gathering data on the following:
• The data you provide during sign-up to the app
• The gifts you may upload to the app
• Amounts of money being transferred and from which parties


4. Disclaimer

All our cookies are categorised by the role they fulfil on our app:
a. Strictly Necessary: these are essential to enable you to move around our app and use features such as secure services. Without these cookies such services could not be provided;
b. Functionality: allow the app to remember your choices and to personal certain features. These cookies may be anonymised and cannot track your browsing activity on other apps; and
c. Performance: collect information as to how users use the app. These cookies don't collect information that identifies a visitor. The information collected is aggregated and used to improve our app.
d. None of the cookies employed are classified as Behavioural Targeting.
If at any time you wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly. (but if you do so you will not be able to use certain important features of our service). You can find additional information at AboutCookies.org.
Notwithstanding, the audit undertaken regarding our cookies, it is possible we may have missed one from our list above. If you happen to find one that is being set on our app, please let us know.


APP PRIVACY POLICY – WHATWEWANT LTD

November 2020

1. Introduction

This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our app, WhatWeWant (the "App"), how that information may be used or disclosed by us and the safeguards we use to protect it. Our website domain is www.whatwewant.co.uk, and this Privacy Policy applies equally to the website. References to the “App” shall also be deemed to include said website.
Our App may contain links to third party apps or websites that are not covered by this Privacy Policy. We therefore ask you to review the privacy statements of other apps or websites and applications to understand their information practices.
We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our App, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the App is deemed to be acceptance of such changes, so please check periodically for updates.
Please check back regularly to keep informed of updates to this Privacy Policy. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our App. If you do not accept and agree with this Privacy Policy, you must stop using our App immediately.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 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.
If you have any comments on this Privacy Policy, please email them to support@whatwewant.co.uk.


2. Who We Are

2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':
- Our company name is WhatWeWant Ltd
- Our registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH
- You can contact us to discuss any concerns regarding your personal data at support@whatwewant.co.uk 
2.2 We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 and other applicable privacy laws.


3. What we may collect

3.1 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).
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number. We may ask you to verify your identity by uploading a copy of your identification document (ID), such as your passport, driving licence or another government-issued ID and a photograph (selfie). We will use these documents to verify your identity and will usually keep them for no longer than 7 days. 
- Contact Data includes billing address, invoicing address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments and other details of our how you have used our App.
- 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 App.
- Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our App.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Interaction Data includes any information that you might provide to any discussion forums on the App.
- Cookies Data like many Apps, we use "cookies" to enhance your experience and gather information about visitors and visits to our Apps. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.
- Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other Apps we operate. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our App. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
- Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our App and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the App, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
3.3 Our payment provider may, in some circumstances, request that you provide certain identity document (such as your passport, drivers licence or other government-issued ID). Where you are requested to provide this, you will provide the documentation via a secure upload form found on the App, and it is required to comply with Know-Your-Customer (KYC), anti-money laundering and counter-terrorist financing regulations. Such documentation is not accessible by us when it is provided directly to the payment provider; only the payment provider has access to this documentation. Any information collected and processed by our payment provider is dealt with in accordance with its own privacy policy, and we do not accept any responsibility for their compliance with applicable law and regulation.
 We may ask you directly, as part of our own Know Your Customer process, to verify your identity by uploading a copy of your identification document (ID), such as your passport, driving licence or another government-issued ID and a photograph (selfie). We will ask for your explicit consent and provide a link to this privacy policy before you are able to submit these documents to us. 
3.4 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 App 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 Policy.
3.5 Apart from the second paragraph of section 3.3 above where some Special Category Data may become apparent from a photograph, we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.6 Under GDPR we will ensure that your personal data is processed lawfully, fairly and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
3.7 If we receive personal information in the course of your use of our App, from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.
3.8 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.


4. How we may collect and use your data

4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. You may give us your information by filling in forms via our App or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) present App content;
b) use our App;
c) create an account on our App;
d) subscribe to our publications;
e) request marketing to be sent to you;
f) enter a competition, promotion or survey; or
g) give us some feedback.
4.2 In addition to the above, we may use the information in the following ways:
a) To personalise your App experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b) To administer a contest, promotion, survey or other site feature.
c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
d) Present App content effectively to you.
e) Provide information, and services that you request, or (with your consent) which we think may interest you.
f) Carry out our contracts with you.
g) Provide the App to you.
h) Tell you our charges.
4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
4.4 If you are a new customer, you will only be contacted if you agree to it.
4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
4.6 In addition, if you don't want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at support@whatwewant.co.uk, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible service to you. We are not responsible of any data our 3rd parties store and if you want them deleted you will need to contact them primarily Mangopay.
4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the service we can provide you if you don't provide your personal data in these cases.
4.8 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:
a) Where we need to perform the contract we are about to enter into or have entered into with you.
b) 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.
c) Where we need to comply with a legal or regulatory obligation.
4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or 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 at support@whatwewant.co.uk, and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you.
4.10 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.


5. Cookies

5.1 All Cookies used by and on our App are used in accordance with current English and EU Cookie Law.
5.2 We use cookies to distinguish users and improve our App. Please look at our Cookie Policy https://www.whatwewant.co.uk/privacy#CookiePolicy for more cookie information.


6. Where we store your data and security

6.1 We may transfer your collected data to storage outside the European Economic Area (EEA). If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

6.2 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our App. 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.
6.3 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.
6.4 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
6.5 Any payments made by you, will be encrypted.
6.6 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
6.7 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
6.8 If we give you a password upon registration on our App, you must keep it confidential. Please don't share it.
6.9 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. Where we obtain your ID and photograph as part of our Know Your Customer process (2nd paragraph of clause 3.3 above), we will usually keep those details for no longer than 7 days. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.


7. Disclosing your information

We are allowed to disclose your information in the following cases:
7.1 We are allowed to disclose your information in the following cases:
7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.
7.1.2 We can disclose it to other businesses in our group.
7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
7.1.4 We can exchange information with others to protect against fraud or credit risks.
7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. In particular, your personal details, including financial details, will be passed to our payment service provider, who is currently MangoPay SA of 2 Avenue Amelie, L-1125 Luxembourg) (“MangoPay”). If you do not wish MangoPay to receive your financial details, please do not proceed with a transaction on our App. 
7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.


8. Your rights

8.1 When you submit information via our App, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy.
8.2 Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.
8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
8.5 To enforce any of the foregoing rights or if you have any other questions about our App or this Privacy Policy, please contact us at support@whatwewant.co.uk.


9. Links to other sites

9.1 Please note that our terms and conditions and our policies will not apply to other Apps that you get to via a link from our App. We have no control over how your data is collected, stored or used by other Apps and we advise you to check the privacy policies of any such Apps before providing any data to them.


10. Changes

10.1 If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.


11. Automated Decision-Making and Profiling

11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.


12. Terms and Conditions

12.1 Please also visit our Terms and Conditions section https://www.whatwewant.co.uk/privacy#AppUsersTermsandConditions establishing the use, disclaimers, and limitations of liability governing the use of our App.


13. Your Consent

13.1 By using our App and by way of acknowledgment, you consent to our Privacy Policy.


14. Dispute Resolution

14.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.
14.2 Any dispute shall not affect the parties' ongoing obligations under this Privacy Policy.
14.3 This Privacy Policy, and any non-contractual rights arising hereunder, will be governed in accordance with English law, and the English courts shall have exclusive jurisdiction. 
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